HomeMy WebLinkAbout2017/10/18 - Agenda PacketCITY OF RANCHO CUCAMONGA
AGENDAS
FIRE PROTECTION DISTRICT BOARD — HOUSING SUCCESSOR AGENCY —
SUCCESSOR AGENCY — PUBLIC FINANCING AUTHORITY - CITY COUNCIL
WEDNESDAY, OCTOBER 18, 2017
REGULAR MEETINGS: 1st d 3rd Wednesdays - 7:00 P.M.
ORDER OF BUSINESS:
CLOSED SESSION Tapia Conference Room
REGULAR MEETINGS Council Chambers
MEMBERS:
MAYOR
MAYOR PRO TEM
COUNCIL MEMBERS
L. Dennis Michael
Lynne B. Kennedy
William Alexander
Sam Spagnolo
Diane Williams
5:00 P.M.
7:00 P.M.
CITY MANAGER
CITY ATTORNEY
CITY CLERK
CITY TREASURER
John R. Gillison
James L. Markman
Janice C. Reynolds
James C. Frost
Rancho Cucamonga City Council Mission Statement
Make decisions, and be perceived as making decisions, for the general welfare of the community.
Always work to improve existing services and develop policies to meet the expected as well as anticipated needs of the
community.
Work together cooperatively to respect all persons and their ideas in order to develop and maintain the trust of the
community.
Reflect the community's desires and priorities by assuring that decisions accurately reflect the community's interests by
fairly translating public feedback into public policy.
Enhance the quality of life of all Rancho Cucamonga residents through the continued pursuit of excellence and
commitment to the City's core values and goals.
Set the vision for the community for the future.
Have a professional, objective, and respectful relationship with each other in order to more effectively address the
challenges of the future.
INFORMATION FOR THE PUBLIC
..Ailekio eoCAMONGA
TO ADDRESS THE FIRE BOARD, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY,
PUBLIC FINANCING AUTHORITY AND CITY COUNCIL
The Fire Board, Housing Successor Agency, Successor Agency, Public Financing Authority and City Council
encourage free expression of all points of view. To allow all persons to speak, given the length of the Agenda,
please keep your remarks brief. If others have already expressed your position, you may simply indicate that you
agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. To
encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts
of approval or disagreement from the audience.
The public may address the Fire Board, Housing Successor Agency, Successor Agency, Public Financing Authority
and City Council by filling out a speaker card and submitting it to the City Clerk. The speaker cards are located on
the wall at the back of the Chambers, at the front desk behind the staff table and at the City Clerk's desk. Any
handouts for the Fire Board, Successor Agency, Public Financing Authority or City Council should be given to the
City Clerk for distribution.
During "Public Communications," your name will be called to speak on any item listed or not listed on the agenda
in the order in which it was received. The "Public Communications" period will not exceed one hour prior to the
commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on
a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these
business items (with the exception of public hearing items) will be accepted once the business portion of the agenda
commences. Any other "Public Communications" which have not concluded during this one-hour period may
resume after the regular business portion of the agenda has been completed. Comments are to be limited to five
minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals
desiring to speak.
If you are present to speak on an "Advertised Public Hearing" or on an "Administrative Hearing" Item(s), your name
will be called when that item is being discussed, in the order in which it was received. Comments are to be limited
to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals
desiring to speak.
AGENDA BACK-UP MATERIALS
Staff reports and back-up materials for agenda items are available for review at the City Clerk's counter, the City's
Public Libraries and on the City's website. A complete copy of the agenda is also available at the desk located
behind the staff table during the Council meeting.
LIVE BROADCAST
Fire Board, Housing Successor Agency, Successor Agency, Public Financing Authority and City Council meetings
are broadcast live on Channel 3 for those with cable television access. Meetings are rebroadcast on the second
and fourth Wednesdays of each month at 11:00 a.m. and 7:00 p.m. Streaming Video on Demand is available on
the City's website at www.cityofrc.us/cityhall/council/videos.asp.
The Fire Board, Successor Agency, Public Financing Authority and City Council meet regularly on the first and third
Wednesday of the month at 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive.
Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and
Public Financing Authority.
Copies of the agendas and minutes can be found @ www.cityofrc.us
If you need special assistance or accommodations to participate in this meeting, please
contact the City Clerk's office at (909) 477-2700. Notification of 48 hours prior to the
meeting will enable the City to make reasonable arrangements to ensure accessibility.
Listening devices are available for the hearing impaired.
Please silence all cell phones and devices while the meeting is in session.
CITY OF RANCHO CUCAMONGA
OCTOBER 18, 2017
FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR
AGENCY, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA
5:00 P.M. - CLOSED SESSION
CALL TO ORDER - TAPIA CONFERENCE ROOM
Roll CaII:
Mayor Michael
Mayor Pro Tem Kennedy
Council Members Alexander, Spagnolo and Williams
CLOSED SESSION CALLED TO ORDER AS THE CITY COUNCIL.
A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)
B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S)
C. CITY MANAGER ANNOUNCEMENTS
(NO DISCUSSION OR ACTION WILL OCCUR)
D. CONDUCT OF CLOSED SESSION - TAPIA CONFERENCE ROOM
D1. CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCES
DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS
WITH THE EXECUTIVE MANAGEMENT EMPLOYEE GROUP. — CITY
D2. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO GOVERNMENT
CODE SECTION 54956.9(A) — SOUTHWEST VOTERS REGISTRATION EDUCATION PROJECT
AND LOUISA OLLAGUE V. CITY OF RANCHO CUCAMONGA; CASE NO. CIVRS 1603632. — CITY
D3. CONFERENCE WITH LEGAL COUNSEL — PENDING LITIGATION PURSUANT TO GOVERNMENT
CODE SECTION 54956.9(A) — BIGG DANE & BEALE'S TEXAS BBQ, LLC VS. CITY OF RANCHO
CUCAMONGA, SAN BERNARDINO COUNTY SUPERIOR COURT, CASE NUMBER CIVDS 1714130
E. RECESS
CLOSED SESSION TO RECESS TO THE REGULAR FIRE PROTECTION DISTRICT, HOUSING
SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY, AND CITY COUNCIL
MEETINGS AT 7:00 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL, LOCATED AT 10500 CIVIC
CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA.
Page 1 of 7
OCTOBER 18, 2017
FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR
AGENCY, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA
REGULAR MEETING
CALL TO ORDER - 7:00 P.M.
COUNCIL CHAMBERS
THE REGULAR MEETINGS OF THE FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY,
SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY, AND CITY COUNCIL WILL BE CALLED TO
ORDER. IT IS THE INTENT TO CONCLUDE THE MEETINGS BY 10:00 P.M., UNLESS EXTENDED BY
CONCURRENCE OF THE FIRE BOARD, AGENCIES, AUTHORITY BOARD AND COUNCIL.
Pledge of Allegiance
Roll Call:
Mayor Michael
Mayor Pro Tem Kennedy
Council Members Alexander, Spagnolo and Williams
A. ANNOUNCEMENT / PRESENTATIONS
Al. Presentation of the 2017 Innovation and Quality Visual Information Awards from the Municipal
Information Systems Association of California (MISAC) for the RC2Go Mobile and Executive
Dashboard Applications.
A2. Presentation on the upcoming "Great Shake Out" Earthquake Drill to take place on October 19,
2017 at 10:19 a.m.
B. PUBLIC COMMUNICATIONS
This is the time and place for the general public to address the Fire Protection District, Housing
Successor Agency, Successor Agency, Public 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.
Page 2 of 7
OCTOBER 18, 2017
FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR
AGENCY, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA
CONSENT CALENDARS:
The following Consent Calendar items are expected to be routine and non -controversial. They
will be acted upon by the Fire Board/Housing Successor Agency/Successor Agency/Authority
Board/Council at one time without discussion. Any item may be removed by a Fire
Board/Housing Successor Agency/Successor Agency/Authority Board/Council Member for
discussion.
C. CONSENT CALENDAR — FIRE PROTECTION DISTRICT
01. Consideration of Minutes: October 4, 2017 (Regular Meeting)
C2. Consideration to approve Check Register dated September 27, 2017 through October 9, 2017 and
Electronic Debit Register for the month of September for the total of $1,468,708.13. 1
C3. Consideration to receive and file current Investment Schedule as of September 30, 2017.
C4. Consideration to approve and award the purchase of emergency medical supplies and materials to Life
12
Assist, Inc. in an amount not to exceed $75,000. 18
D. CONSENT CALENDAR — HOUSING SUCCESSOR AGENCY
D1. Consideration of Minutes: October 4, 2017 (Regular Meeting)
E. CONSENT CALENDAR — SUCCESSOR AGENCY
E1. Consideration of Minutes: October 4, 2017 (Regular Meeting)
F. CONSENT CALENDAR — PUBLIC FINANCING AUTHORITY
F1. Consideration of Minutes: October 4, 2017 (Regular Meeting)
G. CONSENT CALENDAR — CITY COUNCIL
G1. Consideration of Minutes: October 4, 2017 (Regular Meeting)
G2. Consideration to approve Check Register and Payroll dated September 27, 2017 through October 9, 20
2017 and Electronic Debit Register for the month of September for the total of $9,878,487.50.
G3. Consideration to receive and file current Investment Schedule as of September 30, 2017. 31
G4. Consideration to extend the Contract Agreement with Amtech Elevator Services for Citywide Elevator
Maintenance and Repair Services and approve the spending limit of $27,500 for Fiscal Year 42
2017/2018; not to exceed $115,050 over a four-year period.
G5. Consideration to accept the "Citywide Concrete Repair — FY 2016/2017 Project" as complete and 179
approve the final contract amount of $654,406.
Page 3 of 7
OCTOBER 18, 2017
FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR
AGENCY, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA
G6. Consideration of a modification to the San Bernardino County Municipal Separate Storm Sewer System
- National Pollution Discharge Elimination System (NPDES) Permit Renewal Participation and Joint 182
Defense Agreement.
G7. Consideration to release Maintenance Guarantee Bond for the Archibald Avenue and Haven Avenue 199
Pavement Rehabilitation Projects.
G8. Consideration to release Maintenance Guarantee Bond for the Fiscal Year 2015-2016 Local Street
Pavement Rehabilitation Slurry Seal Project.
G9. Consideration to release Maintenance Guarantee Bond for the Foothill Boulevard Rehabilitation
Project.
G10. Consideration of Amendment No. 008 authorizing an increase to Professional Services Agreement
with Pacific Utility Installation, Inc. in the amount of $206,280 and to approve an appropriation in the
amount of $206,280 from the Rancho Cucamonga Municipal Utility Fund for connection of RCMU
Service to two development projects.
G11. Consideration of a contract with Elecnor Belco Electric, Inc. in the amount of $566,799 plus 10%
contingency for the Freeway and Arterial Signal Synchronization Project.
G12. Consideration of an Improvement Agreement, Improvement Securities, and ordering the Annexation
to Landscape Maintenance District No. 7 and Street Light Maintenance District Nos. 1 and 7 related to
the development of a single-family residence located at 13254 Banyan Street (Case No. DRC2015-
00821) submitted by Mario Gonzalez.
RESOLUTION NO. 17-101
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,
ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE
DISTRICT NO. 7 (NORTH ETIWANDA) FOR CASE NO. DRC2015-00821
RESOLUTION NO. 17-102
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,
ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE
DISTRICT NO. 1 (ARTERIAL STREETS) FOR CASE NO. DRC2015-00821
RESOLUTION NO. 17-103
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,
ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE
DISTRICT NO. 7 (NORTH ETIWANDA) FOR CASE NO. DRC215-00821
201
203
205
207
210
213
218
223
G13. Consideration of a Communications Facility Lease Agreement between Los Angeles SMSA Limited
Partnership, DBA Verizon Wireless, and City of Rancho Cucamonga for the purpose of installing a 228
wireless communication facility at Etiwanda Creek Park located at 5939 East Avenue.
G14. Consideration appropriate funds for additional construction services by RJM Design Group, Inc. for the
Rancho Cucamonga Family Sports Center Replacement Project in the amount of $188,610.
258
G15. Consideration to execute a Cooperative Agreement between the San Bernardino County Flood Control
District and the City of Rancho Cucamonga to facilitate the reimbursement of $278,000 to the City for 260
Michael Baker International's scope of work for the North Eastern Sphere Annexation Project.
Page 4 of 7
OCTOBER 18, 2017
FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR
AGENCY, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA
G16. Consideration of a Resolution establishing rules and regulations pertaining to the Public Art Committee. 280
RESOLUTION NO. 17-104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, 282
ESTABLISHING RULES AND REGULATIONS PERTAINING TO THE PUBLIC ART COMMITTEE
H. CONSENT ORDINANCES
The following Ordinances have been introduced for First Reading. Second Readings are expected to be
routine and non -controversial. The City Council will act upon them at one time without discussion. The
City Clerk will read the title. Any item can be removed for discussion by a Council Member.
No items.
I. ADMINISTRATIVE HEARING ITEM
Speaker cards may be submitted for all those who wish to speak on the following topic. The following
item has no legal publication or posting requirements. Comments are to be limited to five minutes per
individual or less, as deemed necessary by the Mayor, depending upon the number of individuals
wishing to speak. All communications are to be addressed directly to the City Council, not to members
of the audience.
No items.
J. ADVERTISED PUBLIC HEARINGS
CITY COUNCIL
The following items have been advertised and/or posted as public hearings as required by law. The
Mayor will open the meeting to receive public testimony.
J1. Consideration to Adopt Interim Ordinance No. 920, Extending Urgency Ordinance No. 900-A for 10
Months and 15 Days, Prohibiting all Commercial Cannabis Uses in the City, Prohibiting Outdoor
Marijuana Cultivation on Private Residences, and Adopting Regulations Regarding Indoor Cultivation
in Private Residences.
ORDINANCE NO. 920
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, EXTENDING URGENCY ORDINANCE NO. 900-A PROHIBITING ALL COMMERCIAL
NON-MEDICAL MARIJUANA ACTIVITY IN THE CITY, PROHIBITING OUTDOOR MARIJUANA
CULTIVATION ON PRIVATE RESIDENCES, AND ADOPTING REGULATIONS REGARDING
INDOOR CULTIVATION IN PRIVATE RESIDENCES AND DECLARING THE URGENCY THEREOF
Page 5 of 7
285
293
OCTOBER 18, 2017
FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR
AGENCY, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA
J2. Consideration to Conduct First Reading and Introduce Ordinance No. 921, Amending Titles 8 and 17
of the Rancho Cucamonga Municipal Code Prohibiting all Commercial Cannabis Activity, both Medical
and Non -Medical, Prohibiting Outdoor Cultivation, and Allowing Indoor Cannabis Cultivation
Consistent with State Law.
ORDINANCE NO. 921 (1ST Reading)
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE
RANCHO CUCAMONGA MUNICIPAL CODE PROHIBITING ALL COMMERCIAL CANNABIS
ACTIVITY, BOTH MEDICAL AND NON-MEDICAL, PROHIBITING OUTDOOR CULTIVATION, AND
ALLOWING INDOOR CANNABIS CULTIVATION CONSISTENT WITH STATE LAW, AND MAKING
FINDINGS IN SUPPORT THEREOF
J3. Consideration to Conduct First Reading and Introduce Ordinance No. 922, Amending Title 17 of the
Rancho Cucamonga Municipal Code Modifying Parkway Landscaping Requirements, Adopting the
State Model Water Efficient Landscape Ordinance and Modifying Conditionally Permitted Zones for
Indoor Entertainment and Amusement Uses.
298
318
328
ORDINANCE NO. 922 (1St Reading)
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE
RANCHO CUCAMONGA MUNICIPAL CODE MODIFYING PARKWAY LANDSCAPING
REQUIREMENTS, ADOPTING THE STATE MODEL WATER EFFICIENT LANDSCAPING 367
ORDINANCE, AND MODIFYING CONDITIONALLY PERMITTED ZONES FOR INDOOR
ENTERTAINMENT AND AMUSEMENT USES, AND MAKING FINDINGS IN SUPPORT THEREOF
K. CITY MANAGER'S STAFF REPORTS
CITY COUNCIL
The following items have no legal publication or posting requirements.
K1. Consideration of a Power Purchase Agreement for Renewable Resources with Antelope Expansion
3b, LLC for the purchase of 5 Megawatts of Solar Photovoltaic Energy and Authorizing the City 371
Manager to sign the agreement.
K2. Consideration of the Selection/Reappointment Process for Planning Commissioners.
L. COUNCIL BUSINESS
The following items have been requested by the City Council for discussion.
L1. INTER -AGENCY UPDATES (Update by the City Council to the community on the meetings that
were attended.)
L2. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.)
Page 6 of 7
488
OCTOBER 18, 2017
FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR
AGENCY, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL AGENDA
M. IDENTIFICATION OF ITEMS FOR NEXT MEETING
N. 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 October 12, 2017, 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
City of Rancho Cucamonga
Page 7 of 7
***DRAFT***
OCTOBER 4, 2017
CITY OF RANCHO CUCAMONGA
CLOSED SESSION, FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR
AGENCY, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL REGULAR MEETINGS MINUTES
5:00 P.M. - CLOSED SESSION
CALL TO ORDER - TAPIA CONFERENCE ROOM
The City of Rancho Cucamonga City Council held a closed session on Wednesday, October 4, 2017 in the Tapia
Conference Room at the Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Michael
called the meeting to order at 5:OOp.m.
Present were Council Members: Bill Alexander, Diane Williams, Sam Spagnolo, Mayor Pro Tem Lynne Kennedy
and Mayor L. Dennis Michael.
Also present were: John Gillison, City Manager; James L. Markman, City Attorney; Lori Sassoon, Deputy City
Manager/Administrative Services; Elisa Cox, Deputy City Manager/Cultural & Civic Services; and Jeff Bloom,
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.
No discussion or actions were taken.
D. CONDUCT OF CLOSED SESSION - TAPIA CONFERENCE ROOM
D1. CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCES
DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR
NEGOTIATIONS WITH THE EXECUTIVE MANAGEMENT EMPLOYEE GROUP. — CITY
D2. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(A) — SOUTHWEST VOTERS REGISTRATION
EDUCATION PROJECT AND LOUISA OLLAGUE V. CITY OF RANCHO CUCAMONGA; CASE
NO. CIVRS 1603632. — CITY
D3. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION
54956.8 FOR PROPERTY GENERALLY LOCATED AT 6230 HAVEN AVE. (APN: 0201-321-
14-0000), AND 8590 MALVERN AVE. (APN: 0209-041-54-0000); NEGOTIATING PARTIES
JOHN GILLISON, CITY MANAGER, CITY OF RANCHO CUCAMONGA AND STEVE
PONTELL, PRESIDENT AND CEO, NATIONAL COMMUNITY RENAISSANCE; REGARDING
PRICE AND TERMS. — HOUSING SUCCESSOR AGENCY
October 4, 20171 Fire Protection District, Housing Successor Agency, Successor Agency,
Public Financing Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga 1 Page 1 of 8
***DRAFT***
D4. CONFERENCE WITH LEGAL COUNSEL — PENDING LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(A) — LAURA LOPEZ; SARYNA LOPEZ; AND M.L.
VS. CITY OF RANCHO CUCAMONGA, SAN BERNARDINO COUNTY SUPERIOR COURT,
CASE NUMBER CIVDS 1613264 - CITY
E. RECESS
The closed session recessed at 6:00 p.m.
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 Financing Authority and the City of Rancho Cucamonga City Council were held on October 4,
2017 in the Council Chambers at City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California.
Mayor Michael called the meeting to order at 7:06 p.m.
Present were Council Members: Bill Alexander, Diane Williams, Sam Spagnolo, Mayor Pro Tem Lynne Kennedy
and Mayor L. Dennis Michael.
Also present were: John Gillison, City Manager; James L. Markman, City Attorney; and Linda A. Troyan, City
Clerk Services Director.
Mayor Michael held a moment of silence in remembrance of the victims of the Las Vegas, Nevada mass shooting
and announced the meeting will be adjourned in their memory.
Mayor Michael led the Pledge of Allegiance.
A. ANNOUNCEMENTS/PRESENTATIONS
Al. Presentation of the 2017 Helen Putnam Award from the League of California Cities in the category of
Enhancing Public Trust, Ethics, and Community Involvement to the Community Services Department
for Los Amigos Park.
Laura Morales, Regional Public Affairs Manager from the League of California Cities, presented the 2017 Helen
Putnam Award in the category of Enhancing Public Trust, Ethics, and Community Involvement for Los Amigos
Park to Community Services Department Representatives: Jennifer Hunt -Gracia, Director of Community Services;
Christen Mitchell, Management Analyst II; and Parks and Recreation Chairwoman Victoria Jones.
Mayor Michael on behalf of the City Council thanked the League of California Cities for their acknowledgement
and recognized Community Services Department staff for achieving the Helen Putnam award.
A2. Presentation by the Cucamonga Valley Water District on their Environmental Learning Center
partnership with the City.
Marissa Ostos, Management Analyst I, Engineering Department, introduced Kristeen Farlow, Communications
and Outreach Manager for the Cucamonga Valley Water District, who gave an update on the Environmental
Learning Center partnership between the City of Rancho Cucamonga and the Water District.
B. PUBLIC COMMUNICATIONS
Kathy Brugger invited the City Council to attend a "Report to the Community 2017" luncheon event for Chaffey
College on October 24, 2017 from 11:30 a.m. to 1:30 p.m. to showcase the work Chaffey College has done and
highlight the contributions made by students and alumni.
October 4, 20171 Fire Protection District, Housing Successor Agency, Successor Agency,
Public Financing Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga 1 Page 2 of 8
***DRAFT***
Janet Walton offered a prayer.
Gwyn Frost invited the public to attend an upcoming fall event "Sleepy Hollow" taking place on Saturday, October
21, 2017 at 7:00 p.m. hosted by the Etiwanda Historical Society.
Jim Frost spoke in remembrance of VFW Veteran Jack Hayes and announced a procession that will be held in
his honor.
Drake Madkin, Youth Pastor, Shiloh Tabernacle Church, offered a prayer.
CONSENT CALENDARS
ITEM ADDED TO CONSENT CALENDAR — CITY COUNCIL
John Gillison, City Manager, went over the need to add an item to the Consent Calendar. The item is to adopt a
Resolution allocating the road maintenance and rehabilitation program funds for Fiscal Year 2017-2018. The staff
report was available at the dais. Mr. Gillison informed Council that staff was notified after the posting of the
agenda that the State requires a Resolution by October 16 listing the projects to approve our funding and the next
meeting would be on October 18. A 2/3 vote of Council present is needed to add the item to the agenda, along
with the need to take action as it came to the City's attention after the agenda was posted.
G9. Consideration to Adopt a Resolution Allocating the Road Maintenance and Rehabilitation Program Funds
for Fiscal Year 2017/18.
RESOLUTION NO.17-100
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,
ADOPTING THE PROJECTS FOR THE ROAD MAINTENANCE AND REHABILITATION PROGRAM FOR
FISCAL YEAR 2017/18 FOR THE EXPENDITURE OF ROAD MAINTENANCE AND REHABILITATION
ACCOUNT (RMRA) FUNDS.
MOTION: Moved by Council Member Alexander, seconded by Council Member Williams, to add item G9 to the
agenda under the City Council Consent Calendar section in accordance with Government Code Section
54954.2(B)(2) as there is a need to take immediate action and that need arose after the posting of the agenda.
Motion carried unanimously, 5-0.
C. CONSENT CALENDAR - FIRE PROTECTION DISTRICT
C1. Consideration of Minutes: September 20, 2017 (Regular Meeting)
C2. Consideration to approve Check Register dated September 12, 2017 through September 26, 2017 for
the total of $351,938.68.
C3. Consideration to extend the contract agreement with Medley Fire for Fire Suppression Services for all
Fire Stations (CO# 14-239) and approve the spending limit of $8,000 annually; not to exceed $32,000
over a four-year period.
MOTION: Moved by Board Member Alexander, seconded by Vice -President Kennedy, to approve Consent
Calendar Items C1. through C3. Motion carried unanimously, 5-0.
D. CONSENT CALENDAR - HOUSING SUCCESSOR AGENCY
D1. Consideration of Minutes: September 20, 2017 (Regular Meeting)
October 4, 20171 Fire Protection District, Housing Successor Agency, Successor Agency,
Public Financing Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga 1 Page 3 of 8
***DRAFT***
MOTION: Moved by Agency Member Spagnolo, seconded by Agency Member Williams, to approve Consent
Calendar Item D1. Motion carried unanimously, 5-0.
E. CONSENT CALENDAR - SUCCESSOR AGENCY
E1. Consideration of Minutes: September 20, 2017 (Regular Meeting)
MOTION: Moved by Agency Member Williams, seconded by Vice -Chair Kennedy, to approve Consent Calendar
Item E1. Motion carried unanimously, 5-0.
F. CONSENT CALENDAR - PUBLIC FINANCING AUTHORITY
F1. Consideration to approve Minutes of: September 20, 2017 (Regular Meeting)
MOTION: Moved by Agency Member Spagnolo, seconded by Vice -Chair Kennedy, to approve Consent Calendar
Item F1. Motion carried unanimously, 5-0.
G. CONSENT CALENDAR - CITY COUNCIL
G1. Consideration of Minutes: September 20, 2017 (Special and Regular Meeting)
G2. Consideration to approve Check Register and Payroll dated September 12, 2017 through
September 26, 2017 for the total of $7,755,085.92.
G3. Consideration to receive and file a report in conformance with California Government Code 65858
on measures taken to alleviate the need for Interim Ordinance 900-A.
G4. Consideration to purchase "Pesticides and Fertilizer Supplies on an As Needed Basis" from Univar
Environmental Services, Target Specialty Products, and Wilbur -Ellis Company in an amount not to
exceed $140,000 for Fiscal Year 17/18.
G5. Consideration to extend the award for the purchase of "Irrigation Parts and Supplies on an As
Needed Basis" from SiteOne Landscape Supply, Logans Marketing, and Pool & Electrical Products,
Inc. in an amount not to exceed $120,000 annually for a maximum of $240,000 over a two-year
period.
G6. Consideration to extend the contract agreement with Medley Fire for Citywide Fire Suppression
Services (CO#14-239) and approve the spending limit of $41,900 annually; not to exceed $167,600
over a four-year period.
G7. Consideration of Improvement Agreement, Improvement Security, and to order the Annexation to
the Landscape Maintenance District No. 3b and Street Light Maintenance Districts Nos. 1 and 6
related to the development of a warehouse at the northwest corner of Hermosa Avenue and 6th
Street (Case No. DRC2016-00522), submitted by Phelan Development Company, LLC.
RESOLUTION NO. 17-095
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE
MAINTENANCE DISTRICT NO. 3B (COMMERCIAL INDUSTRIAL MAINTENANCE DISTRICT)
FOR PROJECT CASE NO. DRC2016-00522
October 4, 20171 Fire Protection District, Housing Successor Agency, Successor Agency,
Public Financing Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga 1 Page 4 of 8
***DRAFT***
RESOLUTION NO. 17-096
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT
MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS) FOR PROJECT CASE NO. DRC2016-
00522
RESOLUTION NO. 17-097
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT
MAINTENANCE DISTRICT NO. 6 (COMMERCIAL/INDUSTRIAL) FOR PROJECT CASE NO.
DRC2016-00522
G8. Consideration to receive and file a letter of approval for Sunday Commercial Waste Collection
Service.
G9. Consideration to Adopt a Resolution Allocating the Road Maintenance and Rehabilitation Program
Funds for Fiscal Year 2017/18. (ADDED TO AGENDA - UNDER EARLIER ITEM)
RESOLUTION NO.17-100
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,
ADOPTING THE PROJECTS FOR THE ROAD MAINTENANCE AND REHABILITATION PROGRAM FOR
FISCAL YEAR 2017/18 FOR THE EXPENDITURE OF ROAD MAINTENANCE AND REHABILITATION
ACCOUNT (RMRA) FUNDS
MOTION: Moved by Mayor Pro Tem Kennedy, seconded by Council Member Williams, to approve Consent
Calendar Items G1 through G9. Motion carried unanimously, 5-0.
H. CONSENT ORDINANCES
No Items.
I. ADMINISTRATIVE HEARING ITEM
No Items.
J. ADVERTISED PUBLIC HEARINGS
CITY COUNCIL
J1. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT
DRC2016-00206 - PACIFIC SUMMIT FOOTHILL, LLC - A REQUEST TO AMEND TABLES AND TEXT,
INCLUDING CLARIFYING TEXT AS NECESSARY, IN THE GENERAL PLAN TO ALLOW THE
DEVELOPMENT OF LAND THAT CONTAINS SLOPES OF 30 PERCENT OR GREATER. ON AUGUST
23, 2017, THE PLANNING COMMISSION RECOMMENDED APPROVAL OF GENERAL PLAN
AMENDMENT DRC2016-00206 AMENDING TABLES AND TEXT, INCLUDING CLARIFYING TEXT AS
NECESSARY, IN THE GENERAL PLAN TO ALLOW THE DEVELOPMENT OF LAND THAT CONTAINS
SLOPES OF 30 PERCENT OR GREATER.
CONSIDERATION OF AN APPEAL OF THE PLANNING COMMISSION'S DECISION RECOMMENDING
APPROVAL OF ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT DRC2016-
00206 AND APPROVAL OF TENTATIVE TRACT MAP MODIFICATION SUBTT16605M, DESIGN
REVIEW DRC2012-00672, VARIANCE DRC2016-00207, AND TREE REMOVAL PERMIT DRC2012-
00673 — HANK STOY — A REQUEST TO SUBDIVIDE 24.19 ACRES INTO 6 PARCELS FOR THE
DEVELOPMENT OF 175 ATTACHED CONDOMINIUM UNITS, TO EXCEED THE MAXIMUM 30 -FOOT
BUILDING HEIGHT, AND TO REMOVE 180 TREES IN THE MIXED USE (MU) DISTRICT, LOCATED
ON THE NORTH SIDE OF FOOTHILL BOULEVARD, BETWEEN RED HILL COUNTRY CLUB DRIVE
AND THE PACIFIC ELECTRIC TRAIL RIGHT-OF-WAY — APNS: 0207-101-13, 17, 24, 25, 31, 34, AND
October 4, 20171 Fire Protection District, Housing Successor Agency, Successor Agency,
Public Financing Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga 1 Page 5 of 8
***DRAFT***
41 AND 0207-112-09 AND 10. STAFF HAS PREPARED A MITIGATED NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACTS FOR CONSIDERATION. ON AUGUST 23, 2017, THE PLANNING
COMMISSION RECOMMENDED APPROVAL OF GENERAL PLAN AMENDMENT DRC2016-00206
AND APPROVED THE RELATED APPLICATIONS CONTINGENT UPON CITY COUNCIL APPROVAL
OF THE GENERAL PLAN AMENDMENT.
RESOLUTION NO. 17-098
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,
APPROVING GENERAL PLAN AMENDMENT DRC2016-00206 TO AMEND TABLES AND TEXT,
INCLUDING CLARIFYING TEXT AS NECESSARY, IN THE GENERAL PLAN TO ALLOW THE
DEVELOPMENT OF LAND THAT CONTAINS SLOPES OF 30 PERCENT OR GREATER; AND MAKING
FINDINGS IN SUPPORT THEREOF
RESOLUTION NO. 17-099
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,
UPHOLDING THE DECISION OF THE PLANNING COMMISSION APPROVING TENTATIVE TRACT
MAP MODIFICATION NO. 16605M, DESIGN REVIEW DRC2012-00672, VARIANCE DRC2016-00207
AND TREE REMOVAL PERMIT DRC2012-00673, TO SUBDIVIDE 24.19 ACRES INTO 6 PARCELS FOR
THE DEVELOPMENT OF 175 ATTACHED CONDOMINIUM UNITS, INCLUDING THE DEVELOPMENT
REVIEW APPLICATION, A VARIANCE FOR THE BUILDING ENVELOPE HEIGHT AND A REQUEST
TO REMOVE 180 TREES IN THE MIXED USE (MU) DISTRICT LOCATED ON THE NORTH SIDE OF
FOOTHILL BOULEVARD, BETWEEN RED HILL COUNTRY CLUB DRIVE AND PACIFIC ELECTRIC
TRAIL RIGHT-OF-WAY; DENYING THE APPEAL; AND MAKING FINDINGS IN SUPPORT THEREOF -
APN: 0207-101-13, 17, 24, 25, 31, 34, AND 41 AND 0207-112-09 AND 10
John Gillison, City Manager, introduced Tom Grahn, Associate Planner, who gave the staff report and went over
General Plan Amendment DRC2016-00206 and an appeal of Tentative Tract Map Modification SUBTT16605M,
Design Review DRC2012-00672, Variance DRC2016-00207 and Tree Removal Permit DRC 2012-00673. He
advised three letters were received regarding the item and were placed on the dais for Council and were also
added to the agenda packet.
Council discussion ensued.
Chad Stadnicki, Project Manager for Pacific Summit Foothill, LLC, (the applicant) provided a brief background on
the purchase of the site.
Mark Rogers, TRG Land, representing the applicant, provided an overview of the project and benefits it will have
for the community.
Henry L. Stoy, Appellant, thanked Tom Grahn, Associate Planner and Chad Stadnicki, Project Manager, Pacific
Summit Foothill, LLC for their responsiveness and accessibility during the review of the project; expressed
concerns with the process and appeal fee for a Planning Commission decision; slopes next to the project, traffic
the project can potentially generate; impacts on wildlife; and the architecture of the development. Mr. Stoy read
a quote from an LA Times article on a project proposed in the City of Los Angeles and believed the developer,
Pacific Summit Foothill, should build within the constraints of the general plan and the development code. A letter
was submitted by Mr. Stoy expressing concerns with the project and requesting denial of the project.
Mayor Michael opened the Public Hearing.
Corbet Macy, Richard Davidson, David Nelson, Jack Lieberman, Jon Dearborn, Natasha Walton, Diane Higdon,
Terry Dumarco, Roe Ruflow, Mathew Powers, Carla Kavenaw, spoke in opposition of the project and expressed
concerns with potential impacts such as traffic, safety, impacts to the habitat and public notification on the project.
A letter was submitted by Natasha Walton expressing concerns with the loss of native vegetative communities
and open space.
Mayor Michael closed the Public Hearing.
October 4, 20171 Fire Protection District, Housing Successor Agency, Successor Agency,
Public Financing Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga 1 Page 6 of 8
***DRAFT***
Chad Stadnicki, Project Manager, Pacific Summit Foothill, LLC, spoke on the extensive public notifications made
for the project; working with the school district, and minimizing traffic impacts.
Daniel Kloos, Senior Transportation Engineer, Linscott Law & Greenspan, went over the traffic study conducted
for the project; and addressed comments and concerns made on the Redhill and Foothill intersection.
Mark Rogers, TRG Land, addressed concerns with project stability, slopes, grading and spoke on mitigating
concerns.
Discussion ensued on projection of students for the project; assurance to have adequate supply of water from
the Cucamonga Valley Water District; stabilization of slopes; fire safety; traffic concerns and safety; grading and
elevation; mitigation measures for existing intersections; construction timeline; permitted uses; proper and
extensive notification made for the project; tree removal permits; and tribal cultural resources assessments. Traffic
and safety concerns were addressed by Mike Costello, Fire Chief; Joe Bustamante, Operations Lieutenant; and
Jason Welday, Director of Engineering Services/City Engineer.
MOTION: Moved by Council Member Spagnolo, seconded by Mayor Pro Tem Kennedy, to adopt Resolution No
17-098 and Resolution No. 17-099. Motion carried, 4-1; with Council Member Alexander opposed.
K. CITY MANAGER'S STAFF REPORTS
CITY COUNCIL
K1. Verbal Report on the California Air Resources Board (CARB) Community Meetings about Minimizing
Community Health Impacts from Freight.
Item not heard and deferred to the next City Council Meeting.
K2. Consideration to adopt Urgency Interim Zoning Ordinance No. 919, to require a Conditional Use
Permit for new hotels in all zones for a period of 45 days.
URGENCY ORDINANCE NO. 919
AN INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ENACTED PURSUANT TO GOVERNMENT CODE SECTION 65858
REQUIRING A CONDITIONAL USE PERMIT FOR THE ESTABLISHMENT OF HOTELS OR THE
EXPANSION OF EXISTING HOTELS, DECLARING THE URGENCY THEREOF, AND MAKING A
DETERMINATION OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
John Gillison, City Manager, introduced Jennifer Nakamura, Associate Planner, who gave the staff report on
Urgency Ordinance No. 919.
MOTION: Moved by Council Member Alexander, seconded by Council Member Williams, to introduce and adopt
Urgency Ordinance No. 919, by title only and waive further reading. Motion carried unanimously, 5-0.
K3. Status update regarding preparation of the North Eastern Sphere Annexation Project including
General Plan Amendment DRC2015-00749, Zoning Map Amendment DRC2015-00752, North
Eastern Sphere Annexation Specific Plan DRC2015-00751, Etiwanda North Specific Plan
Amendment DRC2015-00750, North Eastern Sphere Annexation DRC2015-00732, and related
Environmental Impact Report.
John Gillison, City Manager, introduced Tom Grahn, Associate Planner along with David Sergeant, Principal,
Architect/Urban Designer, who provided an update on the preparation of the North Eastern Sphere Annexation
Project.
Mr. Gillison went over the annexation process timeframe.
Mayor Michael thanked staff for the report.
October 4, 20171 Fire Protection District, Housing Successor Agency, Successor Agency,
Public Financing Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga 1 Page 7 of 8
***DRAFT***
L. COUNCIL BUSINESS
L1. INTER -AGENCY UPDATES
None.
L2. COUNCIL ANNOUNCEMENTS
None.
M. IDENTIFICATION OF ITEMS FOR NEXT MEETING
None.
N. ADJOURNMENT
Mayor Michael adjourned the meeting at 11:13 p.m. in memory of the victims of the Las Vegas, Nevada mass
shooting.
Approved: *********
Respectfully submitted,
Linda A. Troyan, MMC
City Clerk Services Director
October 4, 20171 Fire Protection District, Housing Successor Agency, Successor Agency,
Public Financing Authority and City Council Regular Meetings Minutes
City of Rancho Cucamonga 1 Page 8 of 8
Check No.
CITY OF RANCHO CUCAMONGA
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Agenda Check Register
9/27/2017 through 10/9/2017
Check Date Vendor Name
AP 00007399 09/27/2017
AP 00007400 09/27/2017
AP 00007401 09/27/2017
AP 00007402 09/27/2017
AP 00007403 10/04/2017
AP 00007404 10/04/2017
AP 00007405 10/04/2017
AP 00007406 10/04/2017
AP 00007407 10/04/2017
AP 00007408 10/04/2017
AP 00383977 09/27/2017
AP 00383978 09/27/2017
AP 00383979 09/27/2017
AP 00383980 09/27/2017
AP 00383981 09/27/2017
AP 00383982 09/27/2017
AP 00383983 09/27/2017
AP 00383984 09/27/2017
AP 00383985 09/27/2017
AP 00383986 09/27/2017
AP 00383987 09/27/2017
AP 00383988 09/27/2017
AP 00383989 09/27/2017
AP 00383990 09/27/2017
AP 00383991 09/27/2017
AP 00383992 09/27/2017
AP 00383993 09/27/2017
AP 00383994 09/27/2017
AP 00383995 09/27/2017
AP 00383996 09/27/2017
AP 00383997 09/27/2017
AP 00384001 09/27/2017
AP 00384002 09/27/2017
AP 00384003 09/27/2017
AP 00384004 09/27/2017
AP 00384005 09/27/2017
AP 00384006 09/27/2017
AP 00384007 09/27/2017
AP 00384008 09/27/2017
AP 00384009 09/27/2017
AP 00384010 09/27/2017
AP 00384011 09/27/2017
AP 00384012 09/27/2017
AP 00384013 09/27/2017
AP 00384014 09/27/2017
AP 00384015 09/27/2017
AP 00384016 09/27/2017
CALIF GOVERNMENT VEBA/RANCHO CUCAMONGA
RCCEA
RCPFA
SOUTHERN CALIFORNIA PUBLIC POWER AUTHORITY
ALL CITY MANAGEMENT SERVICES INC.
CHAFFEY JOINT UNION HS DISTRICT
EXELON GENERATION CO. LLC.
SAN BERNARDINO COUNTY
SAN BERNARDINO CTY SHERIFFS DEPT
TANKO LIGHTING
A AND R TIRE SERVICE
ACEY DECY EQUIPMENT INC.
ADAPT CONSULTING INC
AFLAC GROUP INSURANCE
ALL WELDING
ALPHAGRAPHICS
ALTA VISTA MOBILE HOME PARK
ARI PHOENIX INC
ARMSTRONG, QUINN
AROCHO, ALMA
ASHLEY'S PURPLE CRAYON
ASSI SECURITY
AT&T
AUFBAU CORPORATION
BARNES AND NOBLE
BIG EVENTS INC
BISHOP COMPANY
BRAVO-VALDEZ, PATRICIA
BRIGHTVIEW LANDSCAPE SERVICES INC.
BROWN, JENNIFER
BUXTON, AMANDA
CVWD
CA LLC - DBA ALTA LAGUNA MHP
CAGLES APPLIANCE
CAL FIRE/STATE MARSHAL
CAL PERS
CAL PERS LONG TERM CARE
CALIFORNIA, STATE OF
CALIFORNIA, STATE OF
CAREER TRACK
CASA VOLANTE MOBILE HOME PARK
CASTILLO, JESSIE
CCS ORANGE COUNTY JANITORIAL INC.
CDW GOVERNMENT INC.
CHAPARRAL HEIGHTS MOBILE HOME PARK
CHARLES ABBOTT ASSOCIATES INC.
CHARTER COMMUNICATIONS
P1
C Fire Amount
11,865.00
1,850.50
11,449.44
1,411.52
45,459.60
613.56
194,136.00
63.00
2,927,876.00
394,196.71
1,419.30
276.68
269.38
40.97
4,700.00
45.26
500.00
0.00
192.00
1,314.00
436.39
386.35
470.71
38,824.00
68.90
3,430.51
490.23
3.00
195,445.29
48.69
21.00
166,902.38
600.00
0.00
0.00
130,322.39
286.21
60.00
8.44
149.00
900.00
250.00
0.00
3,324.70
700.00
2,420.00
242.69
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
26,276.98
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
1,004.80
0.00
21.55
150.00
8,294.17
0.00
0.00
0.00
0.00
0.00
0.00
4,680.00
0.00
0.00
0.00
0.00
11,865.00
1,850.50
11,449.44
1,411.52
45,459.60
613.56
194,136.00
63.00
2,927,876.00
394,196.71
1,419.30
276.68
269.38
40.97
4,700.00
45.26
500.00
26,276.98
192.00
1,314.00
436.39
386.35
470.71
38,824.00
68.90
3,430.51
490.23
3.00
195,445.29
48.69
21.00
167,907.18 ***
600.00
21.55
150.00
138,616.56 ***
286.21
60.00
8.44
149.00
900.00
250.00
4,680.00
3,324.70
700.00
2,420.00
242.69
User: VLOPEZ - VERONICA
LOPEZ Page: 1
Report: CK_AGENDA_REG_PO
Current Date: 10/10/2017
RTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait I Time: 16:23:21
Check No. Check Date
AP 00384017 09/27/2017
AP 00384018 09/27/2017
AP 00384019 09/27/2017
AP 00384020 09/27/2017
AP 00384021 09/27/2017
AP 00384022 09/27/2017
AP 00384023 09/27/2017
AP 00384024 09/27/2017
AP 00384025 09/27/2017
AP 00384026 09/27/2017
AP 00384027 09/27/2017
AP 00384028 09/27/2017
AP 00384029 09/27/2017
AP 00384030 09/27/2017
AP 00384031 09/27/2017
AP 00384032 09/27/2017
AP 00384033 09/27/2017
AP 00384034 09/27/2017
AP 00384035 09/27/2017
AP 00384036 09/27/2017
AP 00384037 09/27/2017
AP 00384038 09/27/2017
AP 00384039 09/27/2017
AP 00384040 09/27/2017
AP 00384041 09/27/2017
AP 00384042 09/27/2017
AP 00384043 09/27/2017
AP 00384044 09/27/2017
AP 00384045 09/27/2017
AP 00384046 09/27/2017
AP 00384047 09/27/2017
AP 00384048 09/27/2017
AP 00384049 09/27/2017
AP 00384050 09/27/2017
AP 00384051 09/27/2017
AP 00384052 09/27/2017
AP 00384054 09/27/2017
AP 00384055 09/27/2017
AP 00384056 09/27/2017
AP 00384057 09/27/2017
AP 00384058 09/27/2017
AP 00384059 09/27/2017
AP 00384060 09/27/2017
AP 00384061 09/27/2017
AP 00384062 09/27/2017
AP 00384063 09/27/2017
AP 00384064 09/27/2017
CITY OF RANCHO CUCAMONGA
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Agenda Check Register
9/27/2017 through 10/9/2017
Vendor Name
CHELSEA PICTURES
CINTAS CORPORATION #150
CLAREMONT COURIER
CLARK, KAREN
CLASSE PARTY RENTALS
CLEANRIVER RECYCLING SOLUTIONS
CLIENT FIRST CONSULTING GROUP
CLIMATEC LLC
COAST RECREATION INC
CONCEPT POWDER COATING
CONSOLIDATED ELECTRICAL DISTR INC
CONTRERAS, JESUS
COUNTS UNLIMITED
CROP PRODUCTION SERVICES INC
CROWN CASTLE USA INC
CUMMINS PACIFIC
DAISY
DANIELS TIRE SERVICE
DE LA PIEDRA, FELIPE
DFND TECHNOLOGIES LLC
DOLLARHIDE, GINGER
DOMINGUEZ, DESTINIE
DPREP INC.
DUGMORE & DUNCAN INC.
DUNN, ANN MARIE
EASTERLING, RAY
ENN GEE CORP.
ENVIROMET
EPSTEIN, SHAWN
ESRI
FACTORY MOTOR PARTS
FLEETPRIDE
FLOATASIA PARADE FLOAT COMPANY
FLORES, CHRISTINE
FOOTHILL MOBILE MANOR
FRANKLIN TRUCK PARTS
FRONTIER COMM
FRONTIER COMM
FUNNYE, KAI
GEOGRAPHICS
GIORDANO, MARIANNA
GONSALVES AND SON,JOE A
GONZALEZ, SOCHILT
GOVERNMENTJOBS.COM INC.
GRAINGER
GRAPHICS FACTORY INC.
HAMILTON, MONIQUE
1,238.83
0.00
604.00
648.00
776.75
12,883.00
3,844.33
6,469.75
568.16
1,040.00
213.35
107.24
150.00
896.05
1,000.00
0.00
5,250.97
0.00
2,484.00
0.00
176.00
567.00
578.00
270.07
588.00
271.20
488.00
0.00
0.00
6,000.00
0.00
0.00
5,200.00
0.00
300.00
0.00
4,016.65
1,446.16
41.28
99.51
153.60
3,000.00
20.76
179,664.00
224.68
931.50
960.00
P2
Fire Amount
0.00
246.69
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
3,619.12
0.00
7,517.41
0.00
98.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
1,893.00
301.66
0.00
1,924.86
379.60
0.00
46.01
0.00
442.01
1,363.38
0.00
0.00
0.00
0.00
0.00
0.00
0.00
121.39
0.00
0.00
1,238.83
246.69
604.00
648.00
776.75
12,883.00
3,844.33
6,469.75
568.16
1,040.00
213.35
107.24
150.00
896.05
1,000.00
3,619.12
5,250.97
7,517.41
2,484.00
98.00
176.00
567.00
578.00
270.07
588.00
271.20
488.00
1,893.00
301.66
6,000.00
1,924.86
379.60
5,200.00
46.01
300.00
442.01
5,380.03 ***
1,446.16
41.28
99.51
153.60
3,000.00
20.76
179,664.00
346.07 ***
931.50
960.00
User: VLOPEZ - VERONICA L
Report: CK_AGENDA REG PO
OPEZ Page: 2 Current Date: 10/10/2017
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AP
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AP
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AP
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AP
AP
AP
AP
AP
AP
AP
AP
AP
00384065
00384066
00384067
00384068
00384069
00384070
00384071
00384072
00384073
00384074
00384075
00384076
00384077
00384078
00384079
00384080
00384081
00384082
00384083
00384084
00384085
00384086
00384087
00384088
00384089
00384090
00384091
00384092
00384093
00384094
00384095
00384096
00384097
00384098
00384099
00384100
00384101
00384102
00384103
00384104
00384105
00384106
00384107
00384108
00384109
00384110
00384111
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
CITY OF RANCHO CUCAMONGA
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Agenda Check Register
9/27/2017 through 10/9/2017
Vendor Name
HAMPTON YOGA
HANSEN, SUSIE
HARRINGTON, ANDRE D.
HARRINGTON, ANDRE D.
HIRED GUN EXTERMINATING INC
HOMETOWN AMERICA RAMONA VILLA
HORIZONS CONSTRUCTION COMPANY 1NTERNATIOT
HOYT LUMBER CO., SM
IDEXX DISTRIBUTION INC
INDUSTRIAL HARDWARE AND SERVICE CO
INLAND EMPIRE UTILITIES AGENCY
INLAND PRESORT & MAILING SERVICES
INTELESYS ONE INC
IOAMOSA, RHONDA LAPARRY
IRON MOUNTAIN OSDP
JOHNSON EQUIPMENT COMPANY
JRC HOUSING
K -K WOODWORKING
KENDRENA, DONNA
LAFFIN, PHILIP
LATTER RAIN HOME IMPROVEMENT
LATTER RAIN HOME IMPROVEMENT
LEAL, RUTH
LEOPOLD, KRISTINA
LIFE ASSIST INC
LINDEMANN, KATHLEEN
LITTLE BEAR PRODUCTIONS
LOS ANGELES FREIGHTLINER
LRTZ INC
MARIN CONSULTING ASSOCIATES
MARIPOSA LANDSCAPES INC
MATANGA, JULIE EDWARD
MCMASTER CARR SUPPLY COMPANY
MEDIWASTE DISPOSAL
MIDWEST TAPE
MIJAC ALARM COMPANY
MORRIS, RICHARD
MOUNTAIN VIEW SMALL ENG REPAIR
MUSELLA, JUSTIN
NAPA AUTO PARTS
NATIONAL CONSTRUCTION RENTALS INC
NATIONAL LEAGUE OF CITIES
NAVARRETTE, DANIEL J
NEW SIGN SOLUTION INC
NORTHTOWN HOUSING DEVELOPMENT CORP.
OFFICE RENOVATION INC.
ONTARIO SPAY AND NEUTER INC
P3
Cit Fire Amount
984.00
1,585.00
250.00
600.00
2,115.00
800.00
0.00
0.00
4,096.46
56.57
30.00
168.44
110.00
2,500.00
808.50
0.00
1,990.00
64.59
1,115.24
0.00
8,934.50
5,374.43
155.78
324.00
0.00
1,000.00
1,515.00
0.00
42,745.00
600.00
8,141.41
204.00
208.42
40.00
525.98
1,988.00
72.00
731.34
800.00
0.00
130.78
10,610.00
0.00
131.00
700.78
12,163.14
700.00
0.00
0.00
0.00
0.00
0.00
0.00
415,876.75
5.02
0.00
0.00
0.00
0.00
0.00
0.00
0.00
837.63
0.00
0.00
0.00
324.00
0.00
0.00
0.00
0.00
3,173.73
0.00
0.00
188.35
0.00
0.00
0.00
0.00
0.00
0.00
0.00
270.00
0.00
0.00
0.00
198.06
0.00
0.00
282.80
0.00
0.00
0.00
0.00
984.00
1,585.00
250.00
600.00
2,115.00
800.00
415,876.75
5.02
4,096.46
56.57
30.00
168.44
110.00
2,500.00
808.50
837.63
1,990.00
64.59
1,115.24
324.00
8,934.50
5,374.43
155.78
324.00
3,173.73
1,000.00
1,515.00
188.35
42,745.00
600.00
8,141.41
204.00
208.42
40.00
525.98
2,258.00 ***
72.00
731.34
800.00
198.06
130.78
10,610.00
282.80
131.00
700.78
12,163.14
700.00
User: VLOPEZ - VERONICA
LOPEZ Page: 3
Report: CK_AGENDA_REG_PO
Current Date: 10/10/2017
RTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait I Time: 16:23:21
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00384112
00384113
00384114
00384115
00384116
00384117
00384118
00384119
00384120
00384121
00384122
00384123
00384124
00384125
00384126
00384127
00384128
00384129
00384130
00384131
00384132
00384133
00384134
00384135
00384136
00384137
00384138
00384139
00384140
00384141
00384142
00384143
00384144
00384145
00384146
00384147
00384148
00384149
00384150
00384151
00384157
00384158
00384159
00384160
00384161
00384162
00384163
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
CITY OF RANCHO CUCAMONGA
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Agenda Check Register
9/27/2017 through 10/9/2017
Vendor Name
ONTRAC
OTT, LAURA
OTT, SHARON
PFINIX CREATIVE GROUP
PHOENIX GROUP INFORMATION SYSTEMS
POLICE TECHNICAL
PORAC
PORAC LEGAL DEFENSE FUND
PRE -PAID LEGAL SERVICES INC
PRISTINE UNIFORMS LLC
PRO -LINE INDUSTRIAL PRODUCTS INC
PROGRESSIVE BUSINESS PUBLICATIONS SPECIALTIE:
QUALITY TRUCK ELECTRIC INC
R&H THEATRICALS
RANCHO CUCAMONGA CHAMBER OF COMMERCE
RANCHO CUCAMONGA FONTANA FAMILY YMCA
RBM LOCK AND KEY SERVICE
RIGLEMAN, ENCARNACION ONTIVEROS
RJ THOMAS MFG COMPANY INC
ROBERTSON, RICHARD
SAFE -ENTRY TECHNICAL INC
SAFELITE FULFILLMENT INC
SAMS CLUB/SYNCHRONY BANK
SAN BERNARDINO, CITY OF
SAN PABLO, JOCELYN
SANS INSTITUTE
SBPEA
SC FUELS
SC FUELS
SCOTT, APRIL
SENECHAL, CALVIN
SHERIFFS COURT SERVICES
SHOETERIA
SITEONE LANDSCAPE SUPPLY LLC
SMITH, JENNIFER L
SMITH, JENNIFER L
SO CALIF GAS COMPANY
SOPKIN, STEVE
SOUTH COAST AQMD
SOUTHERN CALIFORNIA ASSOC OF GOVERNMENTS
SOUTHERN CALIFORNIA EDISON
SOUTHERN CALIFORNIA EDISON
STERLING COFFEE SERVICE
STOR'EM SELF STORAGE
STORAGE CONTAINER.COM
STOTZ EQUIPMENT
SWARTZ, ALAN
43.01
819.00
666.00
11,050.00
239.66
950.00
170.00
265.50
96.59
0.00
354.48
1,080.00
0.00
77.50
3,166.00
15,045.16
84.05
160.00
3,037.00
128.68
0.00
535.56
85.98
1,320.00
152.51
5,040.00
1,571.27
0.00
0.00
513.00
570.20
446.95
733.41
3,845.69
750.00
500.00
3,761.96
5,000.00
884.02
16,305.00
21,260.25
628.85
1,140.40
925.00
203.50
140.40
54.00
P4
Fire Amount
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
559.14
0.00
0.00
263.99
0.00
0.00
0.00
0.00
0.00
0.00
0.00
1,678.98
0.00
0.00
0.00
0.00
0.00
0.00
3,478.69
584.06
0.00
0.00
0.00
0.00
69.55
0.00
0.00
245.51
0.00
995.85
0.00
3,711.71
0.00
0.00
0.00
0.00
0.00
0.00
43.01
819.00
666.00
11,050.00
239.66
950.00
170.00
265.50
96.59
559.14
354.48
1,080.00
263.99
77.50
3,166.00
15,045.16
84.05
160.00
3,037.00
128.68
1,678.98
535.56
85.98
1,320.00
152.51
5,040.00
1,571.27
3,478.69
584.06
513.00
570.20
446.95
733.41
3,915.24 ***
750.00
500.00
4,007.47 ***
5,000.00
1,879.87 ***
16,305.00
24,971.96 ***
628.85
1,140.40
925.00
203.50
140.40
54.00
User: VLOPEZ - VERONICA
LOPEZ Page: 4
Report: CK_AGENDA_REG_PO
Current Date: 10/10/2017
RTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait I Time: 16:23:21
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00384164
00384165
00384166
00384167
00384168
00384169
00384170
00384171
00384172
00384173
00384174
00384175
00384176
00384177
00384178
00384179
00384180
00384181
00384182
00384183
00384184
00384185
00384186
00384187
00384188
00384189
00384190
00384191
00384192
00384193
00384194
00384195
00384196
00384197
00384198
00384199
00384200
00384201
00384202
00384203
00384204
00384205
00384206
00384207
00384208
00384209
00384210
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/28/2017
09/28/2017
09/28/2017
09/28/2017
09/28/2017
09/28/2017
09/28/2017
09/28/2017
09/28/2017
09/28/2017
09/28/2017
09/28/2017
09/28/2017
09/28/2017
09/28/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
CITY OF RANCHO CUCAMONGA
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Agenda Check Register
9/27/2017 through 10/9/2017
Vendor Name
TOLL, RICHARD
TOPETE, GONZALO
TYUS, IDA
U.S. BANK PARS ACCT #6746022500
U.S. BANK PARS ACCT #6746022500
UNITED PACIFIC SERVICES INC
UNITED SITE SERVICES OF CA INC
UNITED WAY
UPS
VAN METER & ASSOCIATES INC
VARGAS AND RAMIREZ SPORTS
VERIZON BUSINESS
VISION SERVICE PLAN CA
VOHNE LICHE KENNELS INC
VORTEX INDUSTRIES INC
WALTERS WHOLESALE ELECTRIC CO
WATKINS, SARAH
WAXIE SANITARY SUPPLY
WEST COAST VISUALS
WESTRUX INTERNATIONAL INC
WIMBERLY, ERIC
WORD MILL PUBLISHING
YOST, MELBURN
ZOETIS US LLC
ABC LOCKSMITHS
BRODART BOOKS
CALSENSE
DUNN EDWARDS CORPORATION
EMCOR SERVICE
FASTENAL COMPANY
HOLLIDAY ROCK CO INC
INLAND VALLEY DAILY BULLETIN
INTERSTATE BATTERIES
KME FIRE APPARATUS
MITY LITE INC.
OFFICE DEPOT
ORKIN PEST CONTROL
SUNRISE FORD
ORONA, PATRICIA
A & F GROWERS INC.
A AND R TIRE SERVICE
ACTION AWARDS INC.
ADAPT CONSULTING INC
ADDINGTON, MATTHEW
ADVANCED CHEMICAL TRANSPORT
ALBERT A. WEBB
ALPHAGRAPHICS
0.00
407.00
189.00
26,359.49
1,508.85
27,958.00
229.98
124.00
25.80
160.00
6,594.05
93.28
11,191.12
125.00
829.00
1,007.43
46.69
3,250.15
150.00
0.00
500.00
800.00
500.00
109.85
552.22
639.80
789.84
644.96
3,518.50
104.97
4,030.43
940.00
643.03
0.00
50.00
1,392.52
85.00
120.84
1,230.00
42.68
4,253.08
688.62
0.00
35.00
1,628.50
49.00
24.24
P5
Fire Amount
301.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
665.23
694.71
0.00
1,570.80
0.00
15.99
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
2,423.10
0.00
0.00
0.00
0.00
55.28
0.00
465.86
224.00
0.00
0.00
0.00
0.00
0.00
623.59
0.00
0.00
0.00
0.00
301.00
407.00
189.00
26,359.49
1,508.85
27,958.00
229.98
124.00
25.80
160.00
6,594.05
93.28
11,191.12
125.00
1,494.23
1,702.14
46.69
4,820.95
150.00
15.99
500.00
800.00
500.00
109.85
552.22
639.80
789.84
644.96
5,941.60
104.97
4,030.43
940.00
643.03
55.28
50.00
1,858.38 ***
309.00 ***
120.84
1,230.00
42.68
4,253.08
688.62
623.59
35.00
1,628.50
49.00
24.24
***
***
***
***
User: VLOPEZ - VERONICA LOPEZ Page: 5
Current Date: 10/10/2017
Report: CK_AGENDA_REG_PORTRAITCONSOLIDATED - CK: Agenda Check Register Portrait I Time: 16:23:21
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00384211
00384212
00384213
00384214
00384215
00384216
00384217
00384218
00384219
00384220
00384221
00384222
00384223
00384224
00384225
00384226
00384228
00384229
00384230
00384231
00384232
00384233
00384234
00384235
00384236
00384237
00384238
00384239
00384240
00384241
00384242
00384243
00384244
00384245
00384246
00384247
00384248
00384249
00384250
00384251
00384252
00384253
00384254
00384255
00384256
00384257
00384258
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
CITY OF RANCHO CUCAMONGA
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Agenda Check Register
9/27/2017 through 10/9/2017
Vendor Name
ALTEC INDUSTRIES INC
AMERICAN TRAINING RESOURCES INC
AMERICAN TRUCK BODIES & REPAIR INC.
APPLE INC.
ARCHIBALD PET HOSPITAL
ART OF LIVING FOUNDATION
AT&T MOBILITY
BERTINO AUTOMOTIVE SERVICE
BEST GOLF CARTS INC.
BISHOP COMPANY
BOLDT, DANIELLE
BRAUN BLAISING SMITH WYNNE P.C.
BRIDGEALL LIBRARIES LIMITED
BRIGHTVIEW LANDSCAPE SERVICES INC.
BUREAU VERITAS NORTH AMERICA INC
CVWD
CVWD
CACEO
CALIFA GROUP
CAREER TRACK
CARQUEST AUTO PARTS
CARR TRUCKING INC.
CDW GOVERNMENT INC.
CHARTER COMMUNICATIONS
CHARTER COMMUNICATIONS
CHARTER COMMUNICATIONS
CHINO MOWER AND ENGINE SERVICE
CINTAS CORPORATION #150
CITRIX ONLINE
CLIENT FIRST CONSULTING GROUP
CONFIRE JPA
CONVERGEONE INC.
CT WEST INC.
D AND K CONCRETE COMPANY
DAWSON SURVEYING INC.
DEPARTMENT OF MOTOR VEHICLES
DEPENDABLE COMPANY INC.
DICKINSON JANITORIAL SUPPLIES
DOWNEY, JENNIFER
DUMBELL MAN FITNESS EQUIPMENT, THE
ECONOLITE CONTROL PRODUCTS INC
EKAHAUINC
EXECUTIVE AUTO DETAIL
EXPRESS BRAKE SUPPLY
FEDERAL EXPRESS CORP
FEDERAL EXPRESS CORP
FEDERAL EXPRESS CORP
P6
C Fire Amount
482.40 0.00 482.40
1,076.68 0.00 1,076.68
337.80 0.00 337.80
4,780.69 0.00 4,780.69
75.00 0.00 75.00
54.00 0.00 54.00
0.00 84.00 84.00
568.19 0.00 568.19
1,492.62 0.00 1,492.62
1,211.17 0.00 1,211.17
150.00 0.00 150.00
1,042.90 0.00 1,042.90
18,000.00 0.00 18,000.00
24,636.56 0.00 24,636.56
6,663.66 0.00 6,663.66
1,352.78 0.00 1,352.78
39,300.83 524.99 39,825.82 ***
75.00 0.00 75.00
150.00 0.00 150.00
149.00 0.00 149.00
283.01 8.33 291.34 ***
4,606.31 0.00 4,606.31
163.53 0.00 163.53
0.00 267.46 267.46
0.00 267.46 267.46
0.00 1,069.80 1,069.80
765.08 0.00 765.08
4,185.25 152.01 4,337.26 * * *
3,540.00 0.00 3,540.00
770.00 0.00 770.00
0.00 115,689.66 115,689.66
30,094.00 0.00 30,094.00
2,467.48 0.00 2,467.48
835.07 0.00 835.07
29,480.00 0.00 29,480.00
33.00 0.00 33.00
17.00 0.00 17.00
675.59 0.00 675.59
12.08 0.00 12.08
125.00 0.00 125.00
55,334.37 0.00 55,334.37
6,087.57 0.00 6,087.57
870.00 0.00 870.00
44.84 0.00 44.84
56.39 0.00 56.39
33.83 0.00 33.83
16.59 0.00 16.59
User: VLOPEZ - VERONICA
LOPEZ Page: 6
Report: CK_AGENDA_REG_PO
Current Date: 10/10/2017
RTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait I Time: 16:23:21
Check No. Check Date
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00384259
00384260
00384261
00384263
00384264
00384265
00384266
00384267
00384268
00384269
00384270
00384271
00384272
00384273
00384274
00384275
00384276
00384277
00384278
00384279
00384280
00384281
00384282
00384283
00384284
00384285
00384286
00384287
00384288
00384289
00384290
00384291
00384292
00384293
00384294
00384295
00384296
00384297
00384298
00384299
00384300
00384301
00384302
00384303
00384304
00384305
00384306
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
CITY OF RANCHO CUCAMONGA
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Agenda Check Register
9/27/2017 through 10/9/2017
Vendor Name
FEDERAL EXPRESS CORP
FINCHER, VERONICA
FIRST CLASS HEATING & AIR
FRONTIER COMM
FUEL SERV
G.A. TECHNICAL SERVICES INC.
GALLS LLC.
GAMBOA, AL
GLOBALSTAR USA
GOODYEAR TIRE AND RUBBER CO.
GRAINGER
HILL'S PET NUTRITION
HOYT LUMBER CO., SM
HUMANE SOCIETY OF SAN BERNARDINO VALLEY IN(
INK SLINGER SCREEN PRINTING & EMBROIDERY
INTERACTIVE DATA PRICING AND REFERENCE DATA
J AND S STRIPING CO INC
JOBS AVAILABLE INC
JOHN BURR CYCLES INC
JONES AND MAYER, LAW OFFICES OF
JP USA CO
KENNEDY EQUIPMENT INC
KENNEDY, LYNNE
KIMBALL MIDWEST
KINDRED CORPORATION
KOA CORPORATION
LIFE ASSIST INC
LITTLE BEAR PRODUCTIONS
LOUIE'S NURSERY
MAGELLAN ADVISORS LLC
MARIPOSA LANDSCAPES INC
MCCLIMAN, MIKE
MCMASTER CARR SUPPLY COMPANY
MEDLEY FIRE PROTECTION INC
MIDWEST TAPE
MIJAC ALARM COMPANY
MIKE'S CUSTOM FLOORING INC
MORRIS, RICHARD
MOUNTAIN VIEW SMALL ENG REPAIR
NAPA AUTO PARTS
NATIONAL CONSTRUCTION RENTALS INC
NEIUBER, ROBERT
NEOPOST USA INC
NEOPOST-4715 - FIRST DATA REMITCO
NEW COLOR SCREEN PRINTING & EMBROIDERY
NEW COLOR SCREEN PRINTING & EMBROIDERY
NEWCOMB ANDERSON MCCORMICK INC
P7
C Fire Amount
31.22
2,900.00
6,500.00
5,759.81
926.62
100,000.00
81.63
1,146.00
95.69
5,072.46
548.29
765.75
0.00
100.00
1,655.96
126.87
3,539.70
1,326.00
662.17
12,272.00
419.37
189.00
22.33
687.76
3,271.82
510.71
0.00
0.00
560.95
28,977.27
100,686.20
0.00
160.27
0.00
1,570.08
135.00
7,692.37
188.95
308.02
62.03
47.14
45.61
452.69
25,000.00
84.05
1,054.87
857.50
0.00
0.00
0.00
1,031.53
1,484.25
0.00
0.00
0.00
0.00
0.00
0.00
0.00
5.42
0.00
0.00
0.00
0.00
0.00
0.00
32.00
0.00
0.00
0.00
0.00
0.00
0.00
3,002.94
375.00
0.00
0.00
0.00
171.53
0.00
420.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
857.50
31.22
2,900.00
6,500.00
6,791.34 ***
2,410.87 ***
100,000.00
81.63
1,146.00
95.69
5,072.46
548.29
765.75
5.42
100.00
1,655.96
126.87
3,539.70
1,326.00
662.17
12,304.00 ***
419.37
189.00
22.33
687.76
3,271.82
510.71
3,002.94
375.00
560.95
28,977.27
100,686.20
171.53
160.27
420.00
1,570.08
135.00
7,692.37
188.95
308.02
62.03
47.14
45.61
452.69
25,000.00
84.05
1,054.87
1,715.00 ***
User: VLOPEZ - VERONICA
LOPEZ Page: 7
Report: CK_AGENDA_REG_PO
Current Date: 10/10/2017
RTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait I Time: 16:23:21
Check No. Check Date
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
00384307
00384308
00384309
00384310
00384311
00384312
00384313
00384314
00384315
00384316
00384317
00384318
00384319
00384320
00384321
00384322
00384323
00384324
00384325
00384326
00384327
00384328
00384329
00384330
00384331
00384332
00384333
00384334
00384338
00384339
00384340
00384341
00384342
00384343
00384344
00384345
00384346
00384347
00384348
00384349
00384350
00384351
00384352
00384353
00384354
00384355
00384356
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
CITY OF RANCHO CUCAMONGA
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Agenda Check Register
9/27/2017 through 10/9/2017
Vendor Name
NIGHTHAWK TOTAL CONTROL
NINYO & MOORE
NINYO & MOORE
NUNEZ, FLAVIO
ONTARIO WINNELSON CO
ONWARD ENGINEERING
OPARC
ORIEL, JASMIN
PACIFIC PREMIER BANK
PEP BOYS
PETES ROAD SERVICE INC
PIERCE, BARBARA
POU, MICHAEL
PRO -LINE INDUSTRIAL PRODUCTS INC
PSA PRINT GROUP
RANCHO SMOG CENTER
RC CONSTRUCTION SERVICES INC
RIVAS, KRISTINA
SAN BERNARDINO CO AUDITOR CONT
SAN BERNARDINO COUNTY SHERIFFS DEPT
SAN BERNARDINO CTY
SERRATO & ASSOCIATES
SHRED IT USA LLC
SILVER & WRIGHT LLP
SITEONE LANDSCAPE SUPPLY LLC
SMITH, JOHANNA
SO CALIF GAS COMPANY
SOCIAL VOCATIONAL SERVICES
SOUTHERN CALIFORNIA EDISON
SOUTHERN CALIFORNIA EDISON
SOUTHERN CALIFORNIA EDISON
SOUTHERN CALIFORNIA EDISON
SOUTHLAND SPORTS OFFICIALS
STOTZ EQUIPMENT
STREAMLINE PRESS INC
SWIFTY SIGN
SYN -TECH SYSTEMS
SYSCO LOS ANGELES INC
THOMPSON PLUMBING SUPPLY INC
TORO TOWING
TOWN OF APPLE VALLEY
U.S. BANK PARS ACCT #6746022500
U.S. BANK PARS ACCT #6746022500
U.S. BANK PARS ACCT #6746022500
UNIQUE MANAGEMENT SERVICES INC
UPS
VAN SCOYOC ASSOCIATES INC
P8
C Fire Amount
133.75
21,703.00
4,459.25
135.49
511.06
34,040.75
396.00
117.28
0.00
76.51
1,094.45
115.00
2,800.00
662.70
243.52
210.00
0.00
34.58
1,695.00
5,129.92
15,118.44
70.00
190.95
31,512.07
442.76
167.10
1,217.69
10,500.00
29,795.11
2,654.41
2,153.37
914.87
460.00
659.80
876.15
0.00
0.00
74.94
45.45
100.00
50.00
1,508.85
6,605.00
19,727.26
673.48
191.61
4,000.00
0.00
0.00
0.00
0.00
0.00
1,290.00
0.00
0.00
24,976.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
474,543.94
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
1,587.53
0.00
0.00
0.00
0.00
0.00
0.00
120.00
1,907.51
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
133.75
21,703.00
4,459.25
135.49
511.06
35,330.75 ***
396.00
117.28
24,976.00
76.51
1,094.45
115.00
2,800.00
662.70
243.52
210.00
474,543.94
34.58
1,695.00
5,129.92
15,118.44
70.00
190.95
31,512.07
442.76
167.10
1,217.69
10,500.00
31,382.64 ***
2,654.41
2,153.37
914.87
460.00
659.80
876.15
120.00
1,907.51
74.94
45.45
100.00
50.00
1,508.85
6,605.00
19,727.26
673.48
191.61
4,000.00
User: VLOPEZ - VERONICA
LOPEZ Page: 8
Report: CK_AGENDA_REG_PO
Current Date: 10/10/2017
RTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait I Time: 16:23:21
CITY OF RANCHO CUCAMONGA
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Agenda Check Register
9/27/2017 through 10/9/2017
P9
Check No. Check Date Vendor Name C Fire Amount
AP 00384357 10/04/2017 VERIZON WIRELESS - LA
AP 00384358 10/04/2017 WILSON & BELL AUTO SERVICE
AP 00384359 10/04/2017 WORD MILL PUBLISHING
AP 00384362 10/04/2017 XEROX CORPORATION
AP 00384363 10/04/2017 ZEP SALES AMD SERVICE
AP 00384364 10/05/2017 ABC LOCKSMITHS
AP 00384365 10/05/2017 AIRGAS USA LLC
AP 00384366 10/05/2017 DESIGN MASONRY
AP 00384367 10/05/2017 DUNN EDWARDS CORPORATION
AP 00384368 10/05/2017 EMCOR SERVICE
AP 00384369 10/05/2017 EWING IRRIGATION PRODUCTS
AP 00384370 10/05/2017 HOLLIDAY ROCK CO INC
AP 00384371 10/05/2017 INTERSTATE BATTERIES
AP 00384372 10/05/2017 KME FIRE APPARATUS
AP 00384374 10/05/2017 OFFICE DEPOT
AP 00384375 10/05/2017 H & L CHARTER COMPANY INC
AP 00384376 10/05/2017 HALL, ART
Note:
xxx Check Number includes both City and Fire District expenditures
0.00 3,146.61
351.45 0.00
1,600.00 0.00
9,937.57 437.18
0.00 1,561.14
90.00 0.00
314.50 0.00
261.59 0.00
334.06 0.00
11,270.88 0.00
282.27 0.00
4,187.20 0.00
637.10 805.46
0.00 4,203.16
3,788.01 174.61
1,163.00 0.00
133.26 0.00
Total City:
Total Fire:
Grand Total:
3,146.61
351.45
1,600.00
10,374.75 ***
1,561.14
90.00
314.50
261.59
334.06
11,270.88
282.27
4,187.20
1,442.56 ***
4,203.16
3,962.62 ***
1,163.00
133.26
$5,505,340.39
$1,138,361.03
$6,643,701.42
User: VLOPEZ - VERONICA LOPEZ Page: 9
Current Date: 10/10/2017
Report: CK_AGENDA_REG_PORTRAIT CONSOLIDATED - CK: Agenda Check Register Portrait I Time: 16:23:21
P10
CITY OF RANCHO CUCAMONGA
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Electronic Debit Register
September 1, 2017 - September 30, 2017
DATE DESCRIPTION CITY FIRE AMOUNT
9/1 CALPERS - City - Retirement Account Deposit 35,631.82 35,631.82
9/1 CALPERS - City - Retirement Account Deposit 133,945.98 133,945.98
9/1 WIRE TRANSFER - To California ISO 17,944.66 17,944.66
9/1 Workers Comp - City Account Transfer 1,649.51 1,649.51
9/1 Workers Comp - Fire Account Transfer 914.15 914.15
9/5 CALPERS - City - Retirement Account Deposit 3.08 3.08
9/5 CALPERS - City - Retirement Account Deposit 1,229.59 1,229.59
9/5 CALPERS - City - Retirement Account Deposit 8,436.10 8,436.10
9/5 Workers Comp - City Account Transfer 159.31 159.31
9/5 Workers Comp - Fire Account Transfer 313.96 313.96
9/6 WIRE TRANSFER - To JPMorgan Chase - SCE Street Light Valuation Phase 2A 83,684.09 83,684.09
9/7 Workers Comp - City Account Transfer 1,845.72 1,845.72
9/7 Workers Comp - Fire Account Transfer 76.43 76.43
9/8 Workers Comp - City Account Transfer 4,476.01 4,476.01
9/8 Workers Comp - Fire Account Transfer 430.75 430.75
9/11 WIRE TRANSFER - To California ISO 129,989.94 129,989.94
9/11 Workers Comp - City Account Transfer 2,316.93 2,316.93
9/11 Workers Comp - Fire Account Transfer 254.22 254.22
9/12 Workers Comp - City Account Transfer 259.09 259.09
9/13 STATE DISBURSEMENT UNIT - Child Support Payments 2,149.08 2,149.08
9/13 Workers Comp - City Account Transfer 796.84 796.84
9/13 Workers Comp - Fire Account Transfer 477.48 477.48
9/14 CALPERS - Fire - Retirement Account Deposit 1,933.38 1,933.38
9/14 CALPERS - Fire - Retirement Account Deposit 2,565.69 2,565.69
9/14 CALPERS - Fire - Retirement Account Deposit 5,596.32 5,596.32
9/14 CALPERS - Fire - Retirement Account Deposit 6,582.47 6,582.47
9/14 CALPERS - Fire - Retirement Account Deposit 7,128.95 7,128.95
9/14 CALPERS - Fire - Retirement Account Deposit 108,434.50 108,434.50
9/14 STATE DISBURSEMENT UNIT - Child Support Payments 5,398.10 5,398.10
9/14 Workers Comp - City Account Transfer 4,353.75 4,353.75
9/14 Workers Comp - Fire Account Transfer 965.60 965.60
9/15 CALPERS - City - Retirement Account Deposit 192,820.00 192,820.00
9/15 CALPERS - City - Retirement Account Deposit 36,040.53 36,040.53
9/15 CALPERS - City - Retirement Account Deposit 131,741.14 131,741.14
9/15 Workers Comp - City Account Transfer 5,377.29 5,377.29
9/15 Workers Comp - Fire Account Transfer 1,325.97 1,325.97
9/18 WIRE TRANSFER - To California ISO 46,497.69 46,497.69
9/18 Workers Comp - City Account Transfer 1,329.61 1,329.61
9/18 Workers Comp - Fire Account Transfer 840.05 840.05
9/20 CALPERS - City - Retirement Account Deposit 54.27 54.27
9/20 CALPERS - City - Retirement Account Deposit 293.47 293.47
9/20 Workers Comp - City Account Transfer 1,364.46 1,364.46
9/20 Workers Comp - Fire Account Transfer 1,129.37 1,129.37
9/21 Workers Comp - Fire Account Transfer 1,308.69 1,308.69
9/22 Workers Comp - City Account Transfer 5,558.69 5,558.69
9/22 Workers Comp - Fire Account Transfer 12,110.52 12,110.52
9/25 BANK FEE - ANALYSIS DEFICIT SEPTEMBER 2017 15,581.00 15,581.00
9/25 WIRE TRANSFER - To California ISO 6,691.97 6,691.97
9/25 Workers Comp - Fire Account Transfer 3,809.36 3,809.36
9/26 Workers Comp - City Account Transfer 12.00 12.00
9/26 Workers Comp - Fire Account Transfer 3,295.00 3,295.00
9/27 CALPERS - Fire - Retirement Account Deposit 1,952.66 1,952.66
9/27 CALPERS - Fire - Retirement Account Deposit 2,565.69 2,565.69
9/27 CALPERS - Fire - Retirement Account Deposit 5,596.32 5,596.32
9/27 CALPERS - Fire - Retirement Account Deposit 6,582.47 6,582.47
9/27 CALPERS - Fire - Retirement Account Deposit 7,128.95 7,128.95
9/27 CALPERS - Fire - Retirement Account Deposit 108,733.28 108,733.28
9/27 STATE DISBURSEMENT UNIT - Child Support Payments 6,604.38 6,604.38
9/27 STATE DISBURSEMENT UNIT - Child Support Payments 2,149.08 2,149.08
9/27 WIRE TRANSFER - To JPMorgan Chase - SCE Street Light Valuation Phase 3 2,188,126.94 2,188,126.94
9/27 Workers Comp - City Account Transfer 452.81 452.81
1
CITY OF RANCHO CUCAMONGA
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Electronic Debit Register
September 1, 2017 - September 30, 2017
DATE DESCRIPTION
CITY
FIRE AMOUNT
9/27 Workers Comp - Fire Account Transfer 11,823.27 11,823.27
9/28 CALPERS - City - Retirement Account Deposit 36,524.74 36,524.74
9/28 CALPERS - City - Retirement Account Deposit 133,117.65 133,117.65
9/28 Workers Comp - City Account Transfer 3,623.64 3,623.64
9/28 Workers Comp - Fire Account Transfer 78.27 78.27
9/29 CALPERS - City - Retirement Account Deposit 87.15 87.15
9/29 CALPERS - Fire - Retirement Account Deposit 61.05 61.05
9/29 CALPERS - Fire - Retirement Account Deposit 82.52 82.52
9/29 CALPERS - Fire - Retirement Account Deposit 115.94 115.94
9/29 CALPERS - Fire - Retirement Account Deposit 159.56 159.56
9/29 CALPERS - Fire - Retirement Account Deposit 201.14 201.14
9/29 CALPERS - Fire - Retirement Account Deposit 532.17 532.17
9/29 CALPERS - Fire - Retirement Account Deposit 1,160.93 1,160.93
9/29 CALPERS - Fire - Retirement Account Deposit 12,077.54 12,077.54
9/29 Workers Comp - City Account Transfer 854.78 854.78
TOTAL CITY
TOTAL FIRE
GRAND TOTAL
2
3,237,170.41
330,347.10
3,567,517.51
P11
City of Rancho Cucamonga
R. C. Fire Protection District
N �
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Passbook/Checking Accounts
58,495,286.08
58,147,262.34
58.505,000.00
Federal Agency Issues • Coupon
1.500.000.00
1.497,774 00
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62,808,701.64
62,459,251.71
62,817,641.87
Fiscal Year To Date
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67,318,557.21
63,861,838.75
Average Daily Balance
P12
Effective Rate of Return
Reporting period 09/01/2017-09/30/2017
Run Date 10/10/2017 -18 29
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LOCAL AGENCY INVESTMENT FUND
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Passbook/Checking Accounts
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N
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Federal Agency Issues - Coupon
P13
co CO 0) o)0 0 N CO CO 0) 0) 0 0 0 0) 0 N N CO a) O) O 0 0 0)
N N N N N N N N N N N - N N W a
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CO (0 0) CO CO CO CO CO CO CO N (0 N CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO
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Q Q Q Q Q Q Cr Q Q Q< <<<< Q Q Q Q Q Q< Q Q Q Q (< Q
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Run Date: 10/10/2017 - 18:29
Report Ver 7 3 5
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1,500,000.00
1,472,466.00
0
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58,495,286.08
58,147,262.34
58,505,000.00
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58,494,925.05
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Treasury Securities - Coupon
US TREASURY NOTE
0)
0)
0
912828M98
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0
0
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Subtotal and Average
Municipal Bonds
06/01/2018
08/01/2018
08/01/2019
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Corporate Notes
CHEVRON CORP
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Subtotal and Average
62,817,641.87
63,861,838.75
Total and Average
P14
PM (PRF_PM2) 7 3 0
Run Date: 10/10/2017 -18'29
R. C. Fire Protection District
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LOCAL AGENCY INVESTMENT FUND
0
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Passbook/Checking Accounts (Monthly Summary)
0
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P17
4 - 5 Years
3 - 4 Years
2 - 3 Years
Under 6 Months 6 -12 Months
P18
DATE:
TO:
FROM:
INITIATED BY:
STAFF REPORT
October 18, 2017
President and Members of the Board of Directors
John R. Gillison, City Manager
Mike Costello, Fire Chief irefr"
Ruth Cain CPPB, Procurement Manager
Miranda Mulhall RN, EMS Administrator
Pamela Pane, Management Analyst III ! e
SUBJECT: CONSIDERATION TO APPROVE AND AWARD THE PURCHASE OF
EMERGENCY MEDICAL SUPPLIES AND MATERIALS TO LIFE ASSIST,
INC. IN AN AMOUNT NOT TO EXCEED $75,000.00
RECOMMENDATION:
Staff recommends the Fire Board approve and award the purchase of Emergency Medical
Supplies and Materials, on an as needed basis, to Life Assist, Inc., of Rancho Cordova, California,
in accordance with Request for Bid ("RFB") #17/18-109, in an amount not to exceed $75,000.00.
BACKGROUND:
In response to a variety of illnesses and injuries, each staffed and equipped frontline Fire District
response unit provides Advanced Life Support (ALS) services. Firefighters, cross -trained as
licensed Paramedics, are responsible for patient assessment, emergency care and advanced
treatment. These services can include the administration of controlled medications, advanced
airway control and maintenance, cardiac treatment and trauma management. All ALS response
units must be equipped and continuously replenished with medical supplies and medications to
maintain the minimum amount required by the County Local EMS Authority (LEMSA).
ANALYSIS:
The Fire District provided the medication and supply specifications to the Procurement Division
for review and determination of the best method of procurement. The Procurement Division
prepared and posted a formal Request for Bid (RFB) #17/18-109 to the City's automated
procurement system. A total of one hundred and ninety-three (193) vendors were notified, and
fourteen (14) prospective bidders downloaded the solicitation documents. Two (2) bid responses
were received. Life -Assist, Inc. was the lowest, most responsive bidder. Life Assist Inc., has
confirmed pricing will be valid until June 30, 2018, with NO price increase.
The cost of medications continues to be unstable and fluctuate frequently due to a lack of
manufacturing plants in the United States. Additionally, the merging and acquisition of various
pharmaceutical companies has the added potential to drive the cost of medications up even
further as the demand for these medications increases and the supplier availability decreases.
Awarding the bid to Life Assist, whom has confirmed pricing until June 30, 2018, provides a cost
savings for the Fire District. This award also assists with cost containment and has a positive
Page 1 of 2
FIRE BOARD STAFF REPORT
APPROVE AWARD OF PURCHASE OF EMERGENCY MEDICAL SUPPLIES
OCTOBER 18, 2017
financial impact as it supports purchasing medications and supplies from the vendor with the most
competitive pricing.
FISCAL IMPACT:
Adequate funds were budgeted and approved in FY17/18 for Emergency Medical Supplies and
Materials in Emergency Medical Services/Operations & Maintenance/EMS Supplies & Materials
Account No. 3281504-5200, for an amount not to exceed $75,000.00.
COUNCIL GOAL(S) ADDRESSED:
The award of this bid to Life Assist, Inc. will fulfill the Council Goal of providing premiere public
safety services to our community.
ATTACHMENTS:
None
Page 2 of 2
P19
Check No. Check Date
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00007399
00007400
00007401
00007402
00007403
00007404
00007405
00007406
00007407
00007408
00383977
00383978
00383979
00383980
00383981
00383982
00383983
00383984
00383985
00383986
00383987
00383988
00383989
00383990
00383991
00383992
00383993
00383994
00383995
00383996
00383997
00384001
00384002
00384003
00384004
00384005
00384006
00384007
00384008
00384009
00384010
00384011
00384012
00384013
00384014
00384015
00384016
09/27/2017
09/27/2017
09/27/2017
09/27/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
CITY OF RANCHO CUCAMONGA
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Agenda Check Register
9/27/2017 through 10/9/2017
Vendor Name
CALIF GOVERNMENT VEBA/RANCHO CUCAMONGA
RCCEA
RCPFA
SOUTHERN CALIFORNIA PUBLIC POWER AUTHORITY
ALL CITY MANAGEMENT SERVICES INC.
CHAFFEY JOINT UNION HS DISTRICT
EXELON GENERATION CO. LLC.
SAN BERNARDINO COUNTY
SAN BERNARDINO CTY SHERIFFS DEPT
TANKO LIGHTING
A AND R TIRE SERVICE
ACEY DECY EQUIPMENT INC.
ADAPT CONSULTING INC
AFLAC GROUP INSURANCE
ALL WELDING
ALPHAGRAPHICS
ALTA VISTA MOBILE HOME PARK
ARI PHOENIX INC
ARMSTRONG, QUINN
AROCHO, ALMA
ASHLEY'S PURPLE CRAYON
ASSI SECURITY
AT&T
AUFBAU CORPORATION
BARNES AND NOBLE
BIG EVENTS INC
BISHOP COMPANY
BRAVO-VALDEZ, PATRICIA
BRIGHTVIEW LANDSCAPE SERVICES INC.
BROWN, JENNIFER
BUXTON, AMANDA
CVWD
CA LLC - DBA ALTA LAGUNA MHP
CAGLES APPLIANCE
CAL FIRE/STATE MARSHAL
CAL PERS
CAL PERS LONG TERM CARE
CALIFORNIA, STATE OF
CALIFORNIA, STATE OF
CAREER TRACK
CASA VOLANTE MOBILE HOME PARK
CASTILLO, JESSIE
CCS ORANGE COUNTY JANITORIAL INC.
CDW GOVERNMENT INC.
CHAPARRAL HEIGHTS MOBILE HOME PARK
CHARLES ABBOTT ASSOCIATES INC.
CHARTER COMMUNICATIONS
11,865.00
1,850.50
11,449.44
1,411.52
45,459.60
613.56
194,136.00
63.00
2,927,876.00
394,196.71
1,419.30
276.68
269.38
40.97
4,700.00
45.26
500.00
0.00
192.00
1,314.00
436.39
386.35
470.71
38,824.00
68.90
3,430.51
490.23
3.00
195,445.29
48.69
21.00
166,902.38
600.00
0.00
0.00
130,322.39
286.21
60.00
8.44
149.00
900.00
250.00
0.00
3,324.70
700.00
2,420.00
242.69
Fire
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
26,276.98
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
1,004.80
0.00
21.55
150.00
8,294.17
0.00
0.00
0.00
0.00
0.00
0.00
4,680.00
0.00
0.00
0.00
0.00
P20
Amount
11,865.00
1,850.50
11,449.44
1,411.52
45,459.60
613.56
194,136.00
63.00
2,927,876.00
394,196.71
1,419.30
276.68
269.38
40.97
4,700.00
45.26
500.00
26,276.98
192.00
1,314.00
436.39
386.35
470.71
38,824.00
68.90
3,430.51
490.23
3.00
195,445.29
48.69
21.00
167,907.18
600.00
21.55
150.00
138,616.56
286.21
60.00
8.44
149.00
900.00
250.00
4,680.00
3,324.70
700.00
2,420.00
242.69
***
***
User: VLOPEZ - VERONICA
LOPEZ Page: 1
Report: CK_AGENDA_REG_PO
RTRAIT CONSOLIDATED - CK: Agenda Check Register
Current Date: 10/10/2017
Portrait I Time: 16:23:21
Check No. Check Date
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00384017
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00384029
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00384040
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00384042
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00384044
00384045
00384046
00384047
00384048
00384049
00384050
00384051
00384052
00384054
00384055
00384056
00384057
00384058
00384059
00384060
00384061
00384062
00384063
00384064
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
CITY OF RANCHO CUCAMONGA
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Agenda Check Register
9/27/2017 through 10/9/2017
Vendor Name
CHELSEA PICTURES
CINTAS CORPORATION #150
CLAREMONT COURIER
CLARK, KAREN
CLASSE PARTY RENTALS
CLEANRIVER RECYCLING SOLUTIONS
CLIENT FIRST CONSULTING GROUP
CLIMATEC LLC
COAST RECREATION INC
CONCEPT POWDER COATING
CONSOLIDATED ELECTRICAL DISTR INC
CONTRERAS, JESUS
COUNTS UNLIMITED
CROP PRODUCTION SERVICES INC
CROWN CASTLE USA INC
CUMMINS PACIFIC
DAISY
DANIELS TIRE SERVICE
DE LA PIEDRA, FELIPE
DFND TECHNOLOGIES LLC
DOLLARHIDE, GINGER
DOMINGUEZ, DESTINIE
DPREP INC.
DUGMORE & DUNCAN INC.
DUNN, ANN MARIE
EASTERLING, RAY
ENN GEE CORP.
ENVIROMET
EPSTEIN, SHAWN
ESRI
FACTORY MOTOR PARTS
FLEETPRIDE
FLOATASIA PARADE FLOAT COMPANY
FLORES, CHRISTINE
FOOTHILL MOBILE MANOR
FRANKLIN TRUCK PARTS
FRONTIER COMM
FRONTIER COMM
FUNNYE, KAI
GEOGRAPHICS
GIORDANO, MARIANNA
GONSALVES AND SON,JOE A
GONZALEZ, SOCHILT
GOVERNMENTJOBS.COM INC.
GRAINGER
GRAPHICS FACTORY INC.
HAMILTON, MONIQUE
P21
Cit
Fire Amount
1,238.83 0.00 1,238.83
0.00 246.69 246.69
604.00 0.00 604.00
648.00 0.00 648.00
776.75 0.00 776.75
12,883.00 0.00 12,883.00
3,844.33 0.00 3,844.33
6,469.75 0.00 6,469.75
568.16 0.00 568.16
1,040.00 0.00 1,040.00
213.35 0.00 213.35
107.24 0.00 107.24
150.00 0.00 150.00
896.05 0.00 896.05
1,000.00 0.00 1,000.00
0.00 3,619.12 3,619.12
5,250.97 0.00 5,250.97
0.00 7,517.41 7,517.41
2,484.00 0.00 2,484.00
0.00 98.00 98.00
176.00 0.00 176.00
567.00 0.00 567.00
578.00 0.00 578.00
270.07 0.00 270.07
588.00 0.00 588.00
271.20 0.00 271.20
488.00 0.00 488.00
0.00 1,893.00 1,893.00
0.00 301.66 301.66
6,000.00 0.00 6,000.00
0.00 1,924.86 1,924.86
0.00 379.60 379.60
5,200.00 0.00 5,200.00
0.00 46.01 46.01
300.00 0.00 300.00
0.00 442.01 442.01
4,016.65 1,363.38 5,380.03 ***
1,446.16 0.00 1,446.16
41.28 0.00 41.28
99.51 0.00 99.51
153.60 0.00 153.60
3,000.00 0.00 3,000.00
20.76 0.00 20.76
179,664.00 0.00 179,664.00
224.68 121.39 346.07 ***
931.50 0.00 931.50
960.00 0.00 960.00
User: VLOPEZ - VERONICA
LOPEZ Page: 2
Report: CK_AGENDA_REG_PO
Current Date: 10/10/2017
RTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait I Time: 16:23:21
Check No. Check Date
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
00384065
00384066
00384067
00384068
00384069
00384070
00384071
00384072
00384073
00384074
00384075
00384076
00384077
00384078
00384079
00384080
00384081
00384082
00384083
00384084
00384085
00384086
00384087
00384088
00384089
00384090
00384091
00384092
00384093
00384094
00384095
00384096
00384097
00384098
00384099
00384100
00384101
00384102
00384103
00384104
00384105
00384106
00384107
00384108
00384109
00384110
00384111
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
CITY OF RANCHO CUCAMONGA
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Agenda Check Register
9/27/2017 through 10/9/2017
Vendor Name
HAMPTON YOGA
HANSEN, SUSIE
HARRINGTON, ANDRE D.
HARRINGTON, ANDRE D.
HIRED GUN EXTERMINATING INC
HOMETOWN AMERICA RAMONA VILLA
HORIZONS CONSTRUCTION COMPANY INTERNATIOI\
HOYT LUMBER CO., SM
IDEXX DISTRIBUTION INC
INDUSTRIAL HARDWARE AND SERVICE CO
INLAND EMPIRE UTILITIES AGENCY
INLAND PRESORT & MAILING SERVICES
INTELESYS ONE INC
IOAMOSA, RHONDA LAPARRY
IRON MOUNTAIN OSDP
JOHNSON EQUIPMENT COMPANY
JRC HOUSING
K -K WOODWORKING
KENDRENA, DONNA
LAFFIN, PHILIP
LATTER RAIN HOME IMPROVEMENT
LATTER RAIN HOME IMPROVEMENT
LEAL, RUTH
LEOPOLD, KRISTINA
LIFE ASSIST INC
LINDEMANN, KATHLEEN
LITTLE BEAR PRODUCTIONS
LOS ANGELES FREIGHTLINER
LRTZ INC
MARIN CONSULTING ASSOCIATES
MARIPOSA LANDSCAPES INC
MATANGA, JULIE EDWARD
MCMASTER CARR SUPPLY COMPANY
MEDIWASTE DISPOSAL
MIDWEST TAPE
MIJAC ALARM COMPANY
MORRIS, RICHARD
MOUNTAIN VIEW SMALL ENG REPAIR
MUSELLA, JUSTIN
NAPA AUTO PARTS
NATIONAL CONSTRUCTION RENTALS INC
NATIONAL LEAGUE OF CITIES
NAVARRETTE, DANIEL J
NEW SIGN SOLUTION INC
NORTHTOWN HOUSING DEVELOPMENT CORP.
OFFICE RENOVATION INC.
ONTARIO SPAY AND NEUTER INC
984.00
1,585.00
250.00
600.00
2,115.00
800.00
0.00
0.00
4,096.46
56.57
30.00
168.44
110.00
2,500.00
808.50
0.00
1,990.00
64.59
1,115.24
0.00
8,934.50
5,374.43
155.78
324.00
0.00
1,000.00
1,515.00
0.00
42,745.00
600.00
8,141.41
204.00
208.42
40.00
525.98
1,988.00
72.00
731.34
800.00
0.00
130.78
10,610.00
0.00
131.00
700.78
12,163.14
700.00
P22
Fire Amount
0.00
0.00
0.00
0.00
0.00
0.00
415,876.75
5.02
0.00
0.00
0.00
0.00
0.00
0.00
0.00
837.63
0.00
0.00
0.00
324.00
0.00
0.00
0.00
0.00
3,173.73
0.00
0.00
188.35
0.00
0.00
0.00
0.00
0.00
0.00
0.00
270.00
0.00
0.00
0.00
198.06
0.00
0.00
282.80
0.00
0.00
0.00
0.00
984.00
1.585.00
250.00
600.00
2,115.00
800.00
415,876.75
5.02
4,096.46
56.57
30.00
168.44
110.00
2,500.00
808.50
837.63
1.990.00
64.59
1,115.24
324.00
8,934.50
5,374.43
155.78
324.00
3,173.73
1,000.00
1,515.00
188.35
42.745.00
600.00
8,141.41
204.00
208.42
40.00
525.98
2.258.00 ***
72.00
731.34
800.00
198.06
130.78
10.610.00
282.80
131.00
700.78
12,163.14
700.00
User: VLOPEZ - VERONICA
LOPEZ Page: 3
Report: CK_AGENDA_REG_PO
RTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait 1
Current Date: 10/10/2017
Time: 16:23:21
CITY OF RANCHO CUCAMONGA
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Agenda Check Register
9/27/2017 through 10/9/2017
P23
Check No. Check Date Vendor Name Cit Fire Amount
AP 00384112 09/27/2017 ONTRAC 43.01 0.00 43.01
AP 00384113 09/27/2017 OTT, LAURA 819.00 0.00 819.00
AP 00384114 09/27/2017 OTT, SHARON 666.00 0.00 666.00
AP 00384115 09/27/2017 PFINIX CREATIVE GROUP 11,050.00 0.00 11,050.00
AP 00384116 09/27/2017 PHOENIX GROUP INFORMATION SYSTEMS 239.66 0.00 239.66
AP 00384117 09/27/2017 POLICE TECHNICAL 950.00 0.00 950.00
AP 00384118 09/27/2017 PORAC 170.00 0.00 170.00
AP 00384119 09/27/2017 PORAC LEGAL DEFENSE FUND 265.50 0.00 265.50
AP 00384120 09/27/2017 PRE -PAID LEGAL SERVICES INC 96.59 0.00 96.59
AP 00384121 09/27/2017 PRISTINE UNIFORMS LLC 0.00 559.14 559.14
AP 00384122 09/27/2017 PRO -LINE INDUSTRIAL PRODUCTS INC 354.48 0.00 354.48
AP 00384123 09/27/2017 PROGRESSIVE BUSINESS PUBLICATIONS SPECIALTIE: 1,080.00 0.00 1,080.00
AP 00384124 09/27/2017 QUALITY TRUCK ELECTRIC INC 0.00 263.99 263.99
AP 00384125 09/27/2017 R&H THEATRICALS 77.50 0.00 77.50
AP 00384126 09/27/2017 RANCHO CUCAMONGA CHAMBER OF COMMERCE 3,166.00 0.00 3,166.00
AP 00384127 09/27/2017 RANCHO CUCAMONGA FONTANA FAMILY YMCA 15,045.16 0.00 15,045.16
AP 00384128 09/27/2017 RBM LOCK AND KEY SERVICE 84.05 0.00 84.05
AP 00384129 09/27/2017 RIGLEMAN, ENCARNACION ONTIVEROS 160.00 0.00 160.00
AP 00384130 09/27/2017 RJ THOMAS MFG COMPANY INC 3,037.00 0.00 3,037.00
AP 00384131 09/27/2017 ROBERTSON, RICHARD 128.68 0.00 128.68
AP 00384132 09/27/2017 SAFE -ENTRY TECHNICAL INC 0.00 1,678.98 1,678.98
AP 00384133 09/27/2017 SAFELITE FULFILLMENT INC 535.56 0.00 535.56
AP 00384134 09/27/2017 SAMS CLUB/SYNCHRONY BANK 85.98 0.00 85.98
AP 00384135 09/27/2017 SAN BERNARDINO, CITY OF 1,320.00 0.00 1,320.00
AP 00384136 09/27/2017 SAN PABLO, JOCELYN 152.51 0.00 152.51
AP 00384137 09/27/2017 SANS INSTITUTE 5,040.00 0.00 5,040.00
AP 00384138 09/27/2017 SBPEA 1,571.27 0.00 1,571.27
AP 00384139 09/27/2017 SC FUELS 0.00 3,478.69 3,478.69
AP 00384140 09/27/2017 SC FUELS 0.00 584.06 584.06
AP 00384141 09/27/2017 SCOTT, APRIL 513.00 0.00 513.00
AP 00384142 09/27/2017 SENECHAL, CALVIN 570.20 0.00 570.20
AP 00384143 09/27/2017 SHERIFFS COURT SERVICES 446.95 0.00 446.95
AP 00384144 09/27/2017 SHOETERIA 733.41 0.00 733.41
AP 00384145 09/27/2017 SITEONE LANDSCAPE SUPPLY LLC 3,845.69 69.55 3,915.24 ***
AP 00384146 09/27/2017 SMITH, JENNIFER L 750.00 0.00 750.00
AP 00384147 09/27/2017 SMITH, JENNIFER L 500.00 0.00 500.00
AP 00384148 09/27/2017 SO CALIF GAS COMPANY 3,761.96 245.51 4,007.47 ***
AP 00384149 09/27/2017 SOPKIN, STEVE 5,000.00 0.00 5,000.00
AP 00384150 09/27/2017 SOUTH COAST AQMD 884.02 995.85 1,879.87 ***
AP 00384151 09/27/2017 SOUTHERN CALIFORNIA ASSOC OF GOVERNMENTS 16,305.00 0.00 16,305.00
AP 00384157 09/27/2017 SOUTHERN CALIFORNIA EDISON 21,260.25 3,711.71 24,971.96 ***
AP 00384158 09/27/2017 SOUTHERN CALIFORNIA EDISON 628.85 0.00 628.85
AP 00384159 09/27/2017 STERLING COFFEE SERVICE 1,140.40 0.00 1,140.40
AP 00384160 09/27/2017 STOR'EM SELF STORAGE 925.00 0.00 925.00
AP 00384161 09/27/2017 STORAGE CONTAINER.COM 203.50 0.00 203.50
AP 00384162 09/27/2017 STOTZ EQUIPMENT 140.40 0.00 140.40
AP 00384163 09/27/2017 SWARTZ, ALAN 54.00 0.00 54.00
User: VLOPEZ - VERONICA LOPEZ Page: 4
Current Date: 10/10/2017
Report: CK_AGENDA_ REG_ PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait I Time: 16:23:21
Check No. Check Date
00384164
00384165
00384166
00384167
00384168
00384169
00384170
00384171
00384172
00384173
00384174
00384175
00384176
00384177
00384178
00384179
00384180
00384181
00384182
00384183
00384184
00384185
00384186
00384187
00384188
00384189
00384190
00384191
00384192
00384193
00384194
00384195
00384196
00384197
00384198
00384199
00384200
00384201
00384202
00384203
00384204
00384205
00384206
00384207
00384208
00384209
00384210
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/27/2017
09/28/2017
09/28/2017
09/28/2017
09/28/2017
09/28/2017
09/28/2017
09/28/2017
09/28/2017
09/28/2017
09/28/2017
09/28/2017
09/28/2017
09/28/2017
09/28/2017
09/28/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
CITY OF RANCHO CUCAMONGA
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Agenda Check Register
9/27/2017 through 10.'9 2017
Vendor Name
TOLL, RICHARD
TOPETE, GONZALO
TYUS, IDA
U.S. BANK PARS ACCT #6746022500
U.S. BANK PARS ACCT #6746022500
UNITED PACIFIC SERVICES INC
UNITED SITE SERVICES OF CA INC
UNITED WAY
UPS
VAN METER & ASSOCIATES INC
VARGAS AND RAMIREZ SPORTS
VERIZON BUSINESS
VISION SERVICE PLAN CA
VOHNE LICHE KENNELS INC
VORTEX INDUSTRIES INC
WALTERS WHOLESALE ELECTRIC CO
WATKINS, SARAH
WAXIE SANITARY SUPPLY
WEST COAST VISUALS
WESTRUX INTERNATIONAL INC
WIMBERLY, ERIC
WORD MILL PUBLISHING
YOST, MELBURN
ZOETIS US LLC
ABC LOCKSMITHS
BRODART BOOKS
CALSENSE
DUNN EDWARDS CORPORATION
EMCOR SERVICE
FASTENAL COMPANY
HOLLIDAY ROCK CO INC
INLAND VALLEY DAILY BULLETIN
INTERSTATE BATTERIES
KME FIRE APPARATUS
MITY LITE INC.
OFFICE DEPOT
ORKIN PEST CONTROL
SUNRISE FORD
ORONA, PATRICIA
A & F GROWERS INC.
A AND R TIRE SERVICE
ACTION AWARDS INC.
ADAPT CONSULTING INC
ADDINGTON, MATTHEW
ADVANCED CHEMICAL TRANSPORT
ALBERTA. WEBB
ALPHAGRAPHICS
P24
City Fire Amount
0.00 301.00 301.00
407.00 0.00 407.00
189.00 0.00 189.00
26,359.49 0.00 26.359.49
1,508.85 0.00 1,508.85
27,958.00 0.00 27,958.00
229.98 0.00 229.98
124.00 0.00 124.00
25.80 0.00 25.80
160.00 0.00 160.00
6,594.05 0.00 6,594.05
93.28 0.00 93.28
11,191.12 0.00 11,191.12
125.00 0.00 125.00
829.00 665.23 1,494.23
1,007.43 694.71 1,702.14 ***
46.69 0.00 46.69
3,250.15 1,570.80 4,820.95 ***
150.00 0.00 150.00
0.00 15.99 15.99
500.00 0.00 500.00
800.00 0.00 800.00
500.00 0.00 500.00
109.85 0.00 109.85
552.22 0.00 552.22
639.80 0.00 639.80
789.84 0.00 789.84
644.96 0.00 644.96
3,518.50 2,423.10 5,941.60 ***
104.97 0.00 104.97
4,030.43 0.00 4,030.43
940.00 0.00 940.00
643.03 0.00 643.03
0.00 55.28 55.28
50.00 0.00 50.00
1,392.52 465.86 1,858.38 ***
85.00 224.00 309.00 ***
120.84 0.00 120.84
1,230.00 0.00 1,230.00
42.68 0.00 42.68
4,253.08 0.00 4,253.08
688.62 0.00 688.62
0.00 623.59 623.59
35.00 0.00 35.00
1,628.50 0.00 1,628.50
49.00 0.00 49.00
24.24 0.00 24.24
User: VLOPEZ - VERONICA
LOPEZ Page: 5
Report: CK_AGENDA_REG_PO
RTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait I
Current Date: 10/10/2017
Time: 16:23:21
Check No. Check Date
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
00384211
00384212
00384213
00384214
00384215
00384216
00384217
00384218
00384219
00384220
00384221
00384222
00384223
00384224
00384225
00384226
00384228
00384229
00384230
00384231
00384232
00384233
00384234
00384235
00384236
00384237
00384238
00384239
00384240
00384241
00384242
00384243
00384244
00384245
00384246
00384247
00384248
00384249
00384250
00384251
00384252
00384253
00384254
00384255
00384256
00384257
00384258
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
CITY OF RANCHO CUCAMONGA
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Agenda Check Register
9/27/2017 through 10/9/2017
Vendor Name
ALTEC INDUSTRIES INC
AMERICAN TRAINING RESOURCES INC
AMERICAN TRUCK BODIES & REPAIR INC.
APPLE INC.
ARCHIBALD PET HOSPITAL
ART OF LIVING FOUNDATION
AT&T MOBILITY
BERTINO AUTOMOTIVE SERVICE
BEST GOLF CARTS INC.
BISHOP COMPANY
BOLDT, DANIELLE
BRAUN BLAISING SMITH WYNNE P.C.
BRIDGEALL LIBRARIES LIMITED
BRIGHTVIEW LANDSCAPE SERVICES INC.
BUREAU VERITAS NORTH AMERICA INC
CVWD
CVWD
CACEO
CALIFA GROUP
CAREER TRACK
CARQUEST AUTO PARTS
CARR TRUCKING INC.
CDW GOVERNMENT INC.
CHARTER COMMUNICATIONS
CHARTER COMMUNICATIONS
CHARTER COMMUNICATIONS
CHINO MOWER AND ENGINE SERVICE
CINTAS CORPORATION #150
CITRIX ONLINE
CLIENT FIRST CONSULTING GROUP
CONFIRE JPA
CONVERGEONE INC.
CT WEST INC.
D AND K CONCRETE COMPANY
DAWSON SURVEYING INC.
DEPARTMENT OF MOTOR VEHICLES
DEPENDABLE COMPANY INC.
DICKINSON JANITORIAL SUPPLIES
DOWNEY, JENNIFER
DUMBELL MAN FITNESS EQUIPMENT, THE
ECONOLITE CONTROL PRODUCTS INC
EKAHAU INC
EXECUTIVE AUTO DETAIL
EXPRESS BRAKE SUPPLY
FEDERAL EXPRESS CORP
FEDERAL EXPRESS CORP
FEDERAL EXPRESS CORP
P25
Fire Amount
482.40 0.00
1,076.68 0.00
337.80 0.00
4,780.69 0.00
75.00 0.00
54.00 0.00
0.00 84.00
568.19 0.00
1,492.62 0.00
1,211.17 0.00
150.00 0.00
1,042.90 0.00
18,000.00 0.00
24,636.56 0.00
6,663.66 0.00
1,352.78 0.00
39,300.83 524.99
75.00 0.00
150.00 0.00
149.00 0.00
283.01 8.33
4,606.31 0.00
163.53 0.00
0.00 267.46
0.00 267.46
0.00 1,069.80
765.08 0.00
4,185.25 152.01
3,540.00 0.00
770.00 0.00
0.00 115,689.66
30,094.00 0.00
2,467.48 0.00
835.07 0.00
29,480.00 0.00
33.00 0.00
17.00 0.00
675.59 0.00
12.08 0.00
125.00 0.00
55,334.37 0.00
6,087.57 0.00
870.00 0.00
44.84 0.00
56.39 0.00
33.83 0.00
16.59 0.00
482.40
1,076.68
337.80
4.780.69
75.00
54.00
84.00
568.19
1,492.62
1,211.17
150.00
1,042.90
18,000.00
24,636.56
6,663.66
1,352.78
39,825.82 ***
75.00
150.00
149.00
291.34 ***
4,606.31
163.53
267.46
267.46
1.069.80
765.08
4,337.26 ***
3,540.00
770.00
115,689.66
30,094.00
2.467.48
835.07
29,480.00
33.00
17.00
675.59
12.08
125.00
55,334.37
6,087.57
870.00
44.84
56.39
33.83
16.59
User: VLOPEZ - VERONICA
LOPEZ Page: 6
Report: CK_AGENDA_REG_PO
RTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait I
Current Date: 10/10/2017
Time: 16:23:21
Check No. Check Date
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AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
00384259
00384260
00384261
00384263
00384264
00384265
00384266
00384267
00384268
00384269
00384270
00384271
00384272
00384273
00384274
00384275
00384276
00384277
00384278
00384279
00384280
00384281
00384282
00384283
00384284
00384285
00384286
00384287
00384288
00384289
00384290
00384291
00384292
00384293
00384294
00384295
00384296
00384297
00384298
00384299
00384300
00384301
00384302
00384303
00384304
00384305
00384306
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
CITY OF RANCHO CUCAMONGA
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Agenda Check Register
9/27/2017 through 1 0/9/201 7
Vendor Name
FEDERAL EXPRESS CORP 31.22
FINCHER, VERONICA 2,900.00
FIRST CLASS HEATING & AIR 6,500.00
FRONTIER COMM 5,759.81
FUEL SERV 926.62
G.A. TECHNICAL SERVICES INC. 100,000.00
GALLS LLC. 81.63
GAMBOA, AL 1,146.00
GLOBALSTAR USA 95.69
GOODYEAR TIRE AND RUBBER CO. 5,072.46
GRAINGER 548.29
HILL'S PET NUTRITION 765.75
HOYT LUMBER CO., SM 0.00
HUMANE SOCIETY OF SAN BERNARDINO VALLEY IN1 100.00
INK SLINGER SCREEN PRINTING & EMBROIDERY 1,655.96
INTERACTIVE DATA PRICING AND REFERENCE DATA 126.87
J AND S STRIPING CO INC 3,539.70
JOBS AVAILABLE INC 1,326.00
JOHN BURR CYCLES INC 662.17
JONES AND MAYER, LAW OFFICES OF 12,272.00
JP USA CO 419.37
KENNEDY EQUIPMENT INC 189.00
KENNEDY, LYNNE 22.33
KIMBALL MIDWEST 687.76
KINDRED CORPORATION 3,271.82
KOA CORPORATION 510.71
LIFE ASSIST INC 0.00
LITTLE BEAR PRODUCTIONS 0.00
LOUIE'S NURSERY 560.95
MAGELLAN ADVISORS LLC 28,977.27
MARIPOSA LANDSCAPES INC 100,686.20
MCCLIMAN, MIKE 0.00
MCMASTER CARR SUPPLY COMPANY 160.27
MEDLEY FIRE PROTECTION INC 0.00
MIDWEST TAPE 1,570.08
MIJAC ALARM COMPANY 135.00
MIKE'S CUSTOM FLOORING INC 7,692.37
MORRIS, RICHARD 188.95
MOUNTAIN VIEW SMALL ENG REPAIR 308.02
NAPA AUTO PARTS 62.03
NATIONAL CONSTRUCTION RENTALS INC 47.14
NEIUBER, ROBERT 45.61
NEOPOST USA INC 452.69
NEOPOST-4715 - FIRST DATA REMITCO 25,000.00
NEW COLOR SCREEN PRINTING & EMBROIDERY 84.05
NEW COLOR SCREEN PRINTING & EMBROIDERY 1,054.87
NEWCOMB ANDERSON MCCORMICK INC 857.50
P26
Fire Amount
0.00
0.00
0.00
1,031.53
1,484.25
0.00
0.00
0.00
0.00
0.00
0.00
0.00
5.42
0.00
0.00
0.00
0.00
0.00
0.00
32.00
0.00
0.00
0.00
0.00
0.00
0.00
3,002.94
375.00
0.00
0.00
0.00
171.53
0.00
420.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
857.50
31.22
2,900.00
6,500.00
6,791.34 ***
2,410.87 ***
100,000.00
81.63
1,146.00
95.69
5,072.46
548.29
765.75
5.42
100.00
1,655.96
126.87
3,539.70
1,326.00
662.17
12,304.00 ***
419.37
189.00
22.33
687.76
3,271.82
510.71
3,002.94
375.00
560.95
28,977.27
100,686.20
171.53
160.27
420.00
1,570.08
135.00
7,692.37
188.95
308.02
62.03
47.14
45.61
452.69
25,000.00
84.05
1,054.87
1,715.00 ***
User: VLOPEZ - VERONICA
LOPEZ Page: 7
Report: CK_AGENDA_REG_PO
RTRAIT CONSOLIDATED - CK: Agenda Check Register
Current Date: 10/10/2017
Portrait I Time: 16:23:21
CITY OF RANCHO CUCAMONGA
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Agenda Check Register
9/27/2017 through 10/9/2017
Check No. Check Date Vendor Name
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
AP
00384307
00384308
00384309
00384310
00384311
00384312
00384313
00384314
00384315
00384316
00384317
00384318
00384319
00384320
00384321
00384322
00384323
00384324
00384325
00384326
00384327
00384328
00384329
00384330
00384331
00384332
00384333
00384334
00384338
00384339
00384340
00384341
00384342
00384343
00384344
00384345
00384346
00384347
00384348
00384349
00384350
00384351
00384352
00384353
00384354
00384355
00384356
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
10/04/2017
NIGHTHAWK TOTAL CONTROL
NINYO & MOORE
NINYO & MOORE
NUNEZ, FLAVIO
ONTARIO WINNELSON CO
ONWARD ENGINEERING
OPARC
ORIEL, JASMIN
PACIFIC PREMIER BANK
PEP BOYS
PETES ROAD SERVICE INC
PIERCE, BARBARA
POU, MICHAEL
PRO -LINE INDUSTRIAL PRODUCTS INC
PSA PRINT GROUP
RANCHO SMOG CENTER
RC CONSTRUCTION SERVICES INC
RIVAS, KRISTINA
SAN BERNARDINO CO AUDITOR CONT
SAN BERNARDINO COUNTY SHERIFFS DEPT
SAN BERNARDINO CTY
SERRATO & ASSOCIATES
SHRED IT USA LLC
SILVER & WRIGHT LLP
SITEONE LANDSCAPE SUPPLY LLC
SMITH, JOHANNA
SO CALIF GAS COMPANY
SOCIAL VOCATIONAL SERVICES
SOUTHERN CALIFORNIA EDISON
SOUTHERN CALIFORNIA EDISON
SOUTHERN CALIFORNIA EDISON
SOUTHERN CALIFORNIA EDISON
SOUTHLAND SPORTS OFFICIALS
STOTZ EQUIPMENT
STREAMLINE PRESS INC
SWIFTY SIGN
SYN -TECH SYSTEMS
SYSCO LOS ANGELES INC
THOMPSON PLUMBING SUPPLY INC
TORO TOWING
TOWN OF APPLE VALLEY
U.S. BANK PARS ACCT #6746022500
U.S. BANK PARS ACCT #6746022500
U.S. BANK PARS ACCT #6746022500
UNIQUE MANAGEMENT SERVICES INC
UPS
VAN SCOYOC ASSOCIATES INC
P27
City Fire Amount
133.75 0.00 133.75
21,703.00 0.00 21,703.00
4,459.25 0.00 4,459.25
135.49 0.00 135.49
511.06 0.00 511.06
34,040.75 1,290.00 35,330.75 ***
396.00 0.00 396.00
117.28 0.00 117.28
0.00 24,976.00 24,976.00
76.51 0.00 76.51
1,094.45 0.00 1,094.45
115.00 0.00 115.00
2,800.00 0.00 2,800.00
662.70 0.00 662.70
243.52 0.00 243.52
210.00 0.00 210.00
0.00 474,543.94 474,543.94
34.58 0.00 34.58
1,695.00 0.00 1,695.00
5,129.92 0.00 5,129.92
15,118.44 0.00 15,118.44
70.00 0.00 70.00
190.95 0.00 190.95
31,512.07 0.00 31,512.07
442.76 0.00 442.76
167.10 0.00 167.10
1,217.69 0.00 1,217.69
10,500.00 0.00 10,500.00
29,795.11 1,587.53 31,382.64 ***
2,654.41 0.00 2,654.41
2,153.37 0.00 2.153.37
914.87 0.00 914.87
460.00 0.00 460.00
659.80 0.00 659.80
876.15 0.00 876.15
0.00 120.00 120.00
0.00 1,907.51 1,907.51
74.94 0.00 74.94
45.45 0.00 45.45
100.00 0.00 100.00
50.00 0.00 50.00
1,508.85 0.00 1,508.85
6,605.00 0.00 6,605.00
19,727.26 0.00 19,727.26
673.48 0.00 673.48
191.61 0.00 191.61
4,000.00 0.00 4,000.00
User: VLOPEZ - VERONICA LOPEZ Page: 8
Report: CK_AGENDA_REG_PORTRAIT_CONSOLIDATED - CK: Agenda Check Register Portrait 1
Current Date: 10/10/2017
Time: 16:23:21
CITY OF RANCHO CUCAMONGA
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Check No. Check Date Vendor Name
Agenda Check Register
9/27/2017 through 10/9/2017
AP 00384357 10/04/2017 VERIZON WIRELESS - LA
AP 00384358 10/04/2017 WILSON & BELL AUTO SERVICE
AP 00384359 10/04/2017 WORD MILL PUBLISHING
AP 00384362 10/04/2017 XEROX CORPORATION
AP 00384363 10/04/2017 ZEP SALES AMD SERVICE
AP 00384364 10/05/2017 ABC LOCKSMITHS
AP 00384365 10/05/2017 AIRGAS USA LLC
AP 00384366 10/05/2017 DESIGN MASONRY
AP 00384367 10/05/2017 DUNN EDWARDS CORPORATION
AP 00384368 10/05/2017 EMCOR SERVICE
AP 00384369 10/05/2017 EWING IRRIGATION PRODUCTS
AP 00384370 10/05/2017 HOLLIDAY ROCK CO INC
AP 00384371 10/05/2017 INTERSTATE BATTERIES
AP 00384372 10/05/2017 KME FIRE APPARATUS
AP 00384374 10/05/2017 OFFICE DEPOT
AP 00384375 10/05/2017 H & L CHARTER COMPANY INC
AP 00384376 10/05/2017 HALL, ART
Note:
*** Check Number includes both City and Fire District expenditures
P28
C Fire Amount
0.00 3,146.61 3,146.61
351.45 0.00 351.45
1,600.00 0.00 1,600.00
9,937.57 437.18 10,374.75 ***
0.00 1,561.14 1,561.14
90.00 0.00 90.00
314.50 0.00 314.50
261.59 0.00 261.59
334.06 0.00 334.06
11,270.88 0.00 11,270.88
282.27 0.00 282.27
4,187.20 0.00 4,187.20
637.10 805.46 1,442.56 ***
0.00 4,203.16 4,203.16
3,788.01 174.61 3,962.62 * * *
1,163.00 0.00 1,163.00
133.26 0.00 133.26
Total City: $5,505,340.39
Total Fire: $1,138,361.03
Grand Total: $6,643,701.42
User: VLOPEZ - VERONICA LOPEZ Page: 9
Current Date: 10/10/2017
Report: CK AGENDA_REG_PORTRAIT CONSOLIDATED - CK: Agenda Check Register Portrait I Time: 16:23:21
P29
CITY OF RANCHO CUCAMONGA
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Electronic Debit Register
September 1, 2017 - September 30, 2017
DATE DESCRIPTION CITY FIRE AMOUNT
9/1 CALPERS - City - Retirement Account Deposit 35,631.82 35,631.82
9/1 CALPERS - City - Retirement Account Deposit 133,945.98 133,945.98
9/1 WIRE TRANSFER - To California ISO 17,944.66 17,944.66
9/1 Workers Comp - City Account Transfer 1,649.51 1,649.51
9/1 Workers Comp - Fire Account Transfer 914.15 914.15
9/5 CALPERS - City - Retirement Account Deposit 3.08 3.08
9/5 CALPERS - City - Retirement Account Deposit 1,229.59 1,229.59
9/5 CALPERS - City - Retirement Account Deposit 8,436.10 8,436.10
9/5 Workers Comp - City Account Transfer 159.31 159.31
9/5 Workers Comp - Fire Account Transfer 313.96 313.96
9/6 WIRE TRANSFER - To JPMorgan Chase - SCE Street Light Valuation Phase 2A 83,684.09 83,684.09
9/7 Workers Comp - City Account Transfer 1,845.72 1,845.72
9/7 Workers Comp - Fire Account Transfer 76.43 76.43
9/8 Workers Comp - City Account Transfer 4,476.01 4,476.01
9/8 Workers Comp - Fire Account Transfer 430.75 430.75
9/11 WIRE TRANSFER - To California ISO 129,989.94 129,989.94
9/11 Workers Comp - City Account Transfer 2,316.93 2,316.93
9/11 Workers Comp - Fire Account Transfer 254.22 254.22
9/12 Workers Comp - City Account Transfer 259.09 259.09
9/13 STATE DISBURSEMENT UNIT - Child Support Payments 2,149.08 2,149.08
9/13 Workers Comp - City Account Transfer 796.84 796.84
9/13 Workers Comp - Fire Account Transfer 477.48 477.48
9/14 CALPERS - Fire - Retirement Account Deposit 1,933.38 1,933.38
9/14 CALPERS - Fire - Retirement Account Deposit 2,565.69 2,565.69
9/14 CALPERS - Fire - Retirement Account Deposit 5,596.32 5,596.32
9/14 CALPERS - Fire - Retirement Account Deposit 6,582.47 6,582.47
9/14 CALPERS - Fire - Retirement Account Deposit 7,128.95 7,128.95
9/14 CALPERS - Fire - Retirement Account Deposit 108,434.50 108,434.50
9/14 STATE DISBURSEMENT UNIT - Child Support Payments 5,398.10 5,398.10
9/14 Workers Comp - City Account Transfer 4,353.75 4,353.75
9/14 Workers Comp - Fire Account Transfer 965.60 965.60
9/15 CALPERS - City - Retirement Account Deposit 192,820.00 192,820.00
9/15 CALPERS - City - Retirement Account Deposit 36,040.53 36,040.53
9/15 CALPERS - City - Retirement Account Deposit 131,741.14 131,741.14
9/15 Workers Comp - City Account Transfer 5,377.29 5,377.29
9/15 Workers Comp - Fire Account Transfer 1,325.97 1,325.97
9/18 WIRE TRANSFER - To California ISO 46,497.69 46,497.69
9/18 Workers Comp - City Account Transfer 1,329.61 1,329.61
9/18 Workers Comp - Fire Account Transfer 840.05 840.05
9/20 CALPERS - City - Retirement Account Deposit 54.27 54.27
9/20 CALPERS - City - Retirement Account Deposit 293.47 293.47
9/20 Workers Comp - City Account Transfer 1,364.46 1,364.46
9/20 Workers Comp - Fire Account Transfer 1,129.37 1,129.37
9/21 Workers Comp - Fire Account Transfer 1,308.69 1,308.69
9/22 Workers Comp - City Account Transfer 5,558.69 5,558.69
9/22 Workers Comp - Fire Account Transfer 12,110.52 12,110.52
9/25 BANK FEE - ANALYSIS DEFICIT SEPTEMBER 2017 15,581.00 15,581.00
9/25 WIRE TRANSFER - To California ISO 6,691.97 6,691.97
9/25 Workers Comp - Fire Account Transfer 3,809.36 3,809.36
9/26 Workers Comp - City Account Transfer 12.00 12.00
9/26 Workers Comp - Fire Account Transfer 3,295.00 3,295.00
9/27 CALPERS - Fire - Retirement Account Deposit 1,952.66 1,952.66
9/27 CALPERS - Fire - Retirement Account Deposit 2,565.69 2,565.69
9/27 CALPERS - Fire - Retirement Account Deposit 5,596.32 5,596.32
9/27 CALPERS - Fire - Retirement Account Deposit 6,582.47 6,582.47
9/27 CALPERS - Fire - Retirement Account Deposit 7,128.95 7,128.95
9/27 CALPERS - Fire - Retirement Account Deposit 108,733.28 108,733.28
9/27 STATE DISBURSEMENT UNIT - Child Support Payments 6,604.38 6,604.38
9/27 STATE DISBURSEMENT UNIT - Child Support Payments 2,149.08 2,149.08
9/27 WIRE TRANSFER - To JPMorgan Chase - SCE Street Light Valuation Phase 3 2,188,126.94 2,188,126.94
9/27 Workers Comp - City Account Transfer 452.81 452.81
1
CITY OF RANCHO CUCAMONGA
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
Electronic Debit Register
September 1, 2017 - September 30, 2017
DATE DESCRIPTION
CITY
FIRE AMOUNT
9/27 Workers Comp - Fire Account Transfer 11,823.27 11,823.27
9/28 CALPERS - City - Retirement Account Deposit 36,524.74 36,524.74
9/28 CALPERS - City - Retirement Account Deposit 133,117.65 133,117.65
9/28 Workers Comp - City Account Transfer 3,623.64 3,623.64
9/28 Workers Comp - Fire Account Transfer 78.27 78.27
9/29 CALPERS - City - Retirement Account Deposit 87.15 87.15
9/29 CALPERS - Fire - Retirement Account Deposit 61.05 61.05
9/29 CALPERS - Fire - Retirement Account Deposit 82.52 82.52
9/29 CALPERS - Fire - Retirement Account Deposit 115.94 115.94
9/29 CALPERS - Fire - Retirement Account Deposit 159.56 159.56
9/29 CALPERS - Fire - Retirement Account Deposit 201.14 201.14
9/29 CALPERS - Fire - Retirement Account Deposit 532.17 532.17
9/29 CALPERS - Fire - Retirement Account Deposit 1,160.93 1,160.93
9/29 CALPERS - Fire - Retirement Account Deposit 12,077.54 12,077.54
9/29 Workers Comp - City Account Transfer 854.78 854.78
TOTAL CITY
TOTAL FIRE
GRAND TOTAL
3,237,170.41
330,347.10
3,567,517.51
P30
City of Rancho Cucamonga
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COCN 0 N 0 MO
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14,078,160 50
14.078.160 50
14.078.160.50
203,996,845.74
202 766,645 56
204,035.000 00
6,591.782 04
6.581, 971 98
6,595,000 00
1.814.885.77
1.814.885 77
1,814,885 77
14,670,842 42
14,625,632.00
14,660,000.00
13,496,535 68
13,559,661 50
13.500,000.00
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4,510,107.50
4,496.148.00
4,500,000 00
Supranational Secunties
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259,159,159.65
257,923,105.31
259,183,046.27
Investments
Cash and Accrued Interest
0 0
(0 00
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Accrued Interest at Purchase
0
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259,160,019.75
257,923,965.41
259,183,046.27
Total Cash and Investments
Fiscal Year To Date
Total Earnings
Current Year
274,103,433.94
265,930,924.81
Average Daily Balance
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Effective Rate of Return
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Reporting period 09/01/2017-09/30/2017
P31
PM i PRF PM1 ! 7 3 0
Run Date 10/10/2017 - 1838
Report Ver 7 3 5
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Book Value
Market Value
Investment #
a
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Local Agency Investment Fund
14,078,160.50
O
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0
14, 078,160.50
LOCAL AGENCY INVST FUND
14,078,160.50
14,078,160.50
14,078,160.50
19,044,827.17
Subtotal and Average
Federal Agency Issues - Coupon
EO a0 O O 0 0 O O N N N N N 0) 0 000300 0 0 0 O N N N 0 0 CO
N N N N N N N N N N N N N N N N N N N
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0
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5,477,523.39
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4,496,148.00
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259,159,159.65
257,923,105.31
259,183,046.27
265,930,924.81
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' Note: These investments are money market accounts which have no stated maturity date as they may be liquidated upon demand.
P41
P42
STAFF REPORT
DATE: October 18, 2017
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: William Wittkopf, Public Works Services Director
Ty Quaintance, Facilities Superintendent
Ruth Cain, CPPB, Procurement Manager
SUBJECT: CONSIDERATION TO EXTEND THE CONTRACT AGREEMENT WITH
AMTECH ELEVATOR SERVICES FOR CITYWIDE ELEVATOR
MAINTENANCE AND REPAIR SERVICES AND APPROVE THE SPENDING
LIMIT OF $27,500 FOR FY 2017/2018; NOT TO EXCEED $115,050 OVER A
FOUR-YEAR PERIOD
RECOMMENDATION:
Staff recommends the City Council approve Amendment No. 002 to contract CO 16-112 with
Amtech Elevator Services for "Citywide Elevator Maintenance and Repair Services" in an amount
of $27,500 for FY 2017/2018, not to exceed $115,050 for the four-year contract period.
BACKGROUND:
On April 20, 2016, the City Council accepted and awarded a contract with Amtech Elevator
Services, the lowest responsive bidder for Citywide Elevator Maintenance and Repair Services.
The contract includes, but is not limited to, monthly, quarterly, semi-annual, and annual
preventative maintenance, repairs, and emergency response services for a fixed lump sum
monthly price. The locations of the elevators are: Archibald Library, Central Park, City Hall, Public
Safety, Loanmart Field, and Victoria Gardens Cultural Center. The contract was awarded for a
maximum of five (5) years. Fiscal Year 2017/2018 is the second year of the contract.
ANALYSIS:
Amtech Elevator Services has submitted a letter of intent expressing their desire to continue
providing service for the City of Rancho Cucamonga during FY 2017/2018. The Public Works
Services Department is requesting the existing contract be renewed for the next four years,
through June 30, 2021. In anticipation of a possible request by the contractor for the Consumer
Price Index (CPI) increase adjustment in future years, below is a chart to show the estimated
annual funding breakdown. Please note this is only an estimate and the amounts listed below
could vary.
Fiscal Year
Routine
Maint.
Cost of Living
Increase (5%)
Total 1
Extra Work
Grand Total/
Fiscal Year
2017/2018
$16,200
$0
$16,200
$11,300
$27,500
2018/2019
$16,200
$810
$17,010
$11,300
$28,310
2019/2020
$17,010
$860
$17,870
$11,300
$29,170
2020/2021
$17,870
$900
$18,770
$11,300
$30,070
$115,050
Page 1 of 2
CITY COUNCIL STAFF REPORT
CONTRACT EXTENSION FOR CITYWIDE ELEVATOR MAINTENANCE WITH AMTECH
ELEVATOR SERVICES
OCTOBER 18, 2017
Staff recommends City Council extend the contract with Amtech Elevator Services and approve
a spending limit of $27,500 for FY 2017/2018; not to exceed $115,050 for a maximum of four
years.
FISCAL IMPACT:
The FY 2017/2018 budget includes funding from City Facilities Maintenance account 1001312-
5304, and Sports Complex Maintenance account 1700312-5304 for Citywide Elevator
Maintenance and Repair Services.
COUNCIL GOAL(S) ADDRESSED:
None.
ATTACHMENTS:
Attachment 1 - Contract CO 16-112 for "Citywide Elevator Maintenance and Repair Services"
Attachment 2 - Amendments No. 001 and 002 to Contract CO 16-112 for "Citywide Elevator
Maintenance and Repair Services"
Page 2 of 2
P43
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 Amtech Elevator Services, hereinafter referred to as the "CONTRACTOR"
and the City of Rancho Cucamonga, California, hereinafter referred to as "CITY."
WHEREAS,
received,
WHEREAS,
WHEREAS,
contract
pursuant to the Notice Inviting Sealed Bids or Proposals, bids were
publicly opened, and declared on the date specified in said notice; and
City did accept the bid of Contractor; and
City has authorized the City Clerk and Mayor to enter into a written
with Contractor for furnishing labor, equipment, and material for the
construction of "CITYWIDE ELEVATOR MAINTENANCE AND REPAIR SERVICES."
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 "CITYWIDE
ELEVATOR MAINTENANCE AND REPAIR SERVICES." Said work to be performed in
accordance with specifications and standards on file in the office of the
Public Works Services Director and in accordance with bid prices hereinafter
mentioned and in accordance with the instruction of the Public Works Services
Director.
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 from the date specified in the Notice to Proceed through June 30,
2017. The Contract may be extended, by mutual consent of both parties, for
one year periods beginning July 1, 2017 up to a maximum of five additional
years. Prior to entering into an agreement for an annual extension the
Contractor may request a Cost of living Increase in an amount not to exceed
the increase in the December index of the preceding year in the Consumer Price
Index - All Urban Consumers for the Los Angeles -Riverside -Orange County
published by the U.S. Department of Labor, Bureau of Labor Statistics. Options
to renew are contingent upon the City Manager's approval, subject to pricing
C-1
ATTACHMENT 1
P44
P45
review and in accordance to all terms and conditions stated herein unless
otherwise provided in writing by the City. The bidder agrees further to the
assessment of liquidated damages in the amount of N/A 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 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. 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) Public Liability - Bodily Injury (not auto) $2,000,000 each person;
$2,000,000 each accident.
(2) Public Liability - Property Damage (not auto) $250,000 each accident;
$500,000 aggregate.
(3) Contractor's Protective - Bodily Injury $500,000 each person;
$1,000,000 each accident.
(4) Contractor's Protective - Property Damage $250,000 each accident;
$500,000 aggregate.
(5) Automobile - Bodily Injury $1,000,000 each person; $1,000,000 each
accident.
0-2
P46
(6) Automobile - Property Damage $250,000 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:
"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.
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
C-3
P47
shall cause a copy of such determinations to be posted at the job site.
Pursuant to provisions of Labor Code Section 1775, the Contractor shall
forfeit, as penalty to City, not more than two hundred dollars ($200.00) for
each laborer, workman, or mechanic employed for each calendar day or portion
thereof if such laborer, workman, or mechanic is paid less than the general
prevailing rate of wages hereinbefore stipulated for any work done under the
attached contract, by him or by any subcontractor under him, in violation of
the provisions of said Labor Code.
6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section
1777.5 of the Labor Code as amended by Chapter 971, Statutes of 1939, and in
accordance with the regulations of the California Apprenticeship Council,
properly indentured apprentices may be employed in the prosecution of the
work
Attention is directed to the provisions in Section 1777.5 and 1777.6 of the
Labor Code concerning the employment of apprentices by the Contractor or any
subcontractor under him.
Section 1777.5, as amended, requires the Contractor or subcontractor employing
tradesmen in any apprenticable occupation to apply to the joint apprenticeship
committee nearest the site of the public works project and which administers
the apprenticeship program in that trade for a certificate of approval. The
certificate will also fix the ratio of apprentices to journeymen that will be
used in the performance of the contract. The ratio of apprentices to
journeymen in such cases shall not be less than one to five except:
a. When unemployment in the area of coverage by the joint apprenticeship
committee has exceeded an average of 15 percent in the 90 days prior to
the request for certificate, or
b. When the number of apprentices in training in the area exceeds a ratio of
one to five, or
c. When the trade can show that it is replacing at least 1/30 of its
membership through apprenticeship training on an annual basis statewide
or locally, or
d. When the Contractor provides evidence that he employs registered
apprentices on all of his contracts on an annual average of not less than
one apprentice to eight journeymen.
The Contractor is required to make contributions to funds established for
the administration of apprenticeship programs if he employs registered
apprentices or journeymen in any apprenticable trade on such contracts
and if other contractors on the public works site are making such
contributions.
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
C-4
State of California as amended.
P48
8. The Contractor or Subcontractor shall forfeit, as a penalty to the City of
Rancho Cucamonga, twenty-five dollars ($25.00) for each worker employed in
the execution of the contract by the respective contractor or subcontractor
for each calendar day during which the worker is required or permitted to work
more than 8 hours in any one calendar day and 40 hours in any one calendar
week in violation of the provisions of this article.
8. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay travel and subsistence
pay to each workman needed to execute the work required by this contract as
such travel and subsistence payments are defined in the applicable collective
bargaining agreements filed in accordance with Labor Code Section 1773.1.
9. CONTRACTOR'S LIABILITY: The City of Rancho Cucamonga and its elected
officials, officers, agents and employees shall not be answerable or
accountable in any manner for any loss or damage that may happen to the work
or any part thereof, or for any of the materials or other things used or
employed in performing the work; or for injury or damage to any person or
persons, either workmen, employees of the Contractor or his subcontractors or
the public, or for damage to adjoining or other property from any cause
whatsoever arising out of or in connection with the performance of the work.
The Contractor shall be responsible for any damage or injury to any person or
property resulting from defects or obstructions or from any cause whatsoever,
except the sole negligence or willful misconduct of the City, its employees,
servants, or independent contractors who are directly responsible to City
during the progress of the work or at any time before its completion and final
acceptance.
The Contractor will indemnify City against and will hold and save City harmless
from any and all actions, claims, damages to persons or property, penalties,
obligations, or liabilities that may be asserted or claimed by any person,
firm, entity, corporation, political subdivision, or other organization
arising out of or in connection with the work, operation, or activities of
the Contractor, his agents, employees, subcontractors, or invitees provided
for herein, whether or not there is concurrent passive or active negligence
on the part of City, but excluding such actions, claims, damages to persons
or property, penalties, obligations, or liabilities arising from the sole
negligence or willful misconduct of City, its employees, servants, or
independent contractors who are directly responsible to City, and in
connection therewith:
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
C-5
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 the unit prices set
forth in accordance with Contractor's Proposal in an amount not to exceed
$27,500.00 ($16,200 routine maintenance and $11,300 extra work) for the
period July 1, 2016 thru June 30, 2017.
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. �/77 f
State of California Contractor's License # : CO �l 7.720
v
By:
Title
CITY OF RANCHO CUCAMONGA, C FORNIA
By:
nis Mic
\.5--/ 9- 'ac)/6,
May
Date
BY:
P49
nice C. Reynold
noCityClerk
Contractor's Business Phone Number -7( Gj 3�► -
Phone Number at which Contractor can be reached at any time
C-6
. Emergency
P50
Bond # 015051208
CONTRACT
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENT: THAT Amtech Elevator Services 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 Twenty Seven Thousand Five Hundred and
00/100 Dollars (Written) $27,500(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 29th day of April , 2016
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 "CITYWIDE ELEVATOR MAINTENANCE
AND REPAIR SERVICES" 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.
ur hands ti>is 29th day of April , 2016 .
Attomey-In-Fact
,* Title:
Amt `ch� Elevator Service
By: (a611/ z '`yvt.-.✓'•'/
Ha}ina Kazmierczak, At omey- n - Fact
By:
Surety Liberty Mutual Insurance`Company
Individual
Other, explain
Partnership X Corporation
SIGNATURES OF CONTRACTOR MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC.
PLEASE ATTACH APPROPRIATE ACKNOWLEDGMENT FORMS
(INDIVIDUAL, PARTNERSHIP, CORPORATION, ETC.).
8-1
P51
Bond No. 015051208
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
AMTECH ELEVATOR SERVICES, 1550 S. SUNRIST ST., SUITE A, ANAHEIM, CA 92806
(Name and address of Contractor)
("Principal"), a contract (the "Contract") for the work described as follows:
"CITYWIDE ELEVATOR MAINTENANCE AND REPAIR SERVICES"
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 Liberty Mutual Insurance Company
175 Berkeley Street, Boston, MA 02116
(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
TWENTY SEVEN THOUSAND FIVE HUNDRED AND 00/100 DOLLARS
($27,500), 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
Payment Bond (continued)
P52
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: 4/29/2016
"Principal" "Surety"
Amtech Elevator Services Liberty Mutual Insurance Company
By: Halina Kazmierczak, Attomey-In-FactBy. Sandra Diaz Attorney -In -
Its is ;
By: �. vii c (((j���/ -L BY: --E-��a`�f-//f'a_.- , i .� S2(''
Its Grace Laterza Vt.s Cynthia Farrell `
(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
P53
SPECIAL POWER OF ATTORNEY
OTIS ELEVATOR COMPANY, a Corporation organized and existing under the laws of
the State of New Jersey, on behalf of itself, its subsidiaries and affiliates, (collectively
referred to as the "Corporation"), hereby makes, constitutes and appoints AON RISK
SERVICES NORTHEAST, INC., on behalf of certain of its employees as the
Corporation's true and lawful attorneys -in -fact:
Annette Leuschner
Cynthia Farrell
Halina Kazmierczak
Jessica Iannotta
Sandra Diaz
Vivian Carti
with full power to execute, seal and deliver on behalf of the Corporation, surety bonds
and documents ancillary thereto issued in the course of the Corporation's business,
subject to the provisions of the Insurance Brokerage and Service Agreement effective
March 1, 2007, among Aon Risk Services, Inc. of Connecticut, Aon Risk Services, Inc.
of New York, currently known as AON RISK SERVICES NORTHEAST, INC. and
UNITED TECHNOLOGIES COMPANY, as amended or supplemented from time to time,
and to bind the Corporation, thereby as if such writings had been duly executed and
acknowledged by officers of the Corporation.
IN WITNESS WHEREOF, the Corporation has caused this Special Power of Attorney to
be signed by its duly authorized representative this 301'`day of April 2015.
UNITED STATE OFAMERICA )
STATE OF STATE
of( tor )
COUNTY OF f69,:1710/Ln )
OTIS ELEVATOR COMP Y
By:
Name:
Title: A_
CAA IC 'a 1!
ss: TOWN OF FARMINGTON
On this.30 day of April 207-1, before me, a Notary Public in and for said County and
State, personally appeared &44) in. c(ib.J0, who acknowledged himself to be the
/15-Atz) of OTIS ELEVATOR COMPANY, the Corporation named in the foregoing
instrument, and that as such, being authorized so to do, executed the foregoing
instrument for the same for the purposes therein contained by signing such document in
his capacity as f437- .SeMcriP2.1 . -�
4 (11
Notary Public
PATRICIA MCCARY
NOTARY PUBLIC
MY COMMISSION EXPIRES OCT. 31, 2017
THIS.POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. P54
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
Certificate No. 7298722
American Fire and Casualty Company Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of
the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company
is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies'), pursuant to and by authority herein set forth, does hereby name, constitute
and appoint, Annette Leuschner; Cynthia Farrell; Debra A. Deminq; Edward Reilly; Evangelina L. Dominick; Glenn J. Pelletiere; Jessica lannotta; Kelly
O'Malley; Robert P. McDonough; Sandra Diaz; Thomas.Rhatigari, Valorie Spates; Viviari-Carti . .
all of the city of New York state of NY each individually if there be more than one naffed, its true and lawful attorney=in-fact to make, execute, seal, acknowledge
and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognisances and other surety obligations, inpursuance of these presents and shall
be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies.and the corporate. seals of the Companies have been affixed
thereto this 28th day of March , 2016
STATE OF PENNSYLVANIA
COUNTY OF MONTGOMERY
On this 24th day of March 2016 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and
Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do,
execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written.
COMMONWEALTH OF PENNSYLVANIA
ss
American Fire and Casualty Company
The Ohio Casualty Insurance Company
Liberty Mutual Insurance Company
West merican Insurance Company
By:
David M. CareyrAssistant Secretary
Notarial Seal
Teresa Pastella. Notary Public
Plymouth Twp., Montgomery County
My Commission Expires March 28. 2017
Member. Pennsylvania Association of Notaries
By:
Teresa Pastella, Notary Public
This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance
Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
ARTICLE IV — OFFICERS — Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject
to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal,
acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective
powers of attomey, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so
executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under
the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president,
and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute,
seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their
respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so
executed such instruments shall be as binding as if signed by the president and attestedbythe secretary.
Certificate of Designation — The President of the Company,.acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in -
fact as may be necessary to act on behalf:of the Company to Make, execute, seal, acknowledge and deliver- as..surety any and all undertakings, bonds, recognizances and other surety
obligations.
Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty'lnsurance Company, Liberty Mutual Insurance Company, and
West American Insurance Company do hereby certify that the original power pf attorney of which the foregoing is a full, true and correct -copy of the Power of Attomey executed by said
Companies, is in full force and effect and has not been -revoked.
IN TESTIMONY WHEREOF,1 have hereunto set my hand and affixed the seals of said Companies this 7/ r r -flay of ) '�'� 20 `Y�
LMS_12873_122013
By:
Gregory W. Davenport, Assistant Secretary
18 of 200
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Liberty
Mutt 61
SURETY
LIBERTY MUTUAL INSURANCE COMPANY
FINANCIAL STATEMENT—DECEMBER 31, 2015
Assets
Cash and Bank Deposits $753,038,641
*Bonds — U.S Government 1,547,613,446
*Other Bonds 11,088,162,545
*Stocks 9,919,835,033
Real Estate 295,926,247
Agents' Balances or Uncollected Premiums 4,487,501,643
Accrued interest and Rents 120,872,424
Other Admitted Assets 14 130,266.527
Total Admitted Assets
S�1NSU
912
Liabilities
Unearned Premiums $6,580,520,311
Reserve for Claims and Claims Expense 16,917,138,677
Funds Held Under Reinsurance Treaties 210,794,503
Reserve for Dividends to Policyholders 358,033
Additional Statutory Reserve 29,659,093
Reserve for Commissions, Taxes and
Other Liabilities 2.789,478,276
Total S26,527,948,893
Special Surplus Funds $67,890,944
Capital Stock 10,000,000
Paid in Surplus 8,829,183,823
Unassigned Surplus 6,908,192,846
$42.343,216.506 Surplus to Policyholders 15,815,267,613
Total Liabilities and Surplus 542.343.216,506
* Bonds are stated at amortized or investment value; Stocks at Association Market Values.
The foregoing financial information is taken from Liberty Mutual Insurance Company's financial
statement filed with the state of Massachusetts Department of Insurance.
I, TIM MIKOLAJEWSKI, Assistant Secretary of Liberty Mutual Insurance Company, do hereby certify that the foregoing is a true. and
correct statement of the Assets and Liabilities of said Corporation, as of December 31, 2015, to the best of my knowledge and belief.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washington, this 15th day of
March, 2016.
Assistant Secretary
S-1262LMIC/a 3116
P55
CALIFORI\
IA ALL-PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of New York
County of New York
On 4/29/2016 before me, Aklima Noorhassan, Notary Public, personally appeared Halina
Kazmierczak who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)
on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the
State of New York that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Signature of Notary Public
u1/11-.. B
Nntel y Fu_i C S:2te u! NEV `,Cris ?:
,1r€O62844)3 zt
ua±ified in Queens (ourty
My Commission Expires Jun 1 i, 2017
:
P56
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of New York
County of New York
On 4/29/2016 before me, Aklima Noorhassan. Notary Public, personally appeared Sandra Diaz
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the
State of New York that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Signature of Notary Public
f40. UINL162 449.3
n;sl:oti:� Queens County
My Commission Expires Jun 17, cu
P57
P58
Liberty
Mutual.
SURETY
PERFORMANCE BOND
(Annual Form)
KNOW ALL MEN BY 'THESE PRESENTS, that wc,
as Principal, and
licensed to do business in the State of
Bond No. 015051208
AMTECH ELEVATOR SERVICES
LIBERTY MUTUAL INSURANCE COMPANY
CA
, as Surety, are held and firmly bound unto
CITY OF RANCHO CUCAMONGA (Obligee), in the penal sum of
Twenty Seven Thousand Five Hundred and 00/100
Dollars ( $ 27,500.00 ), lawful money of the United States of America, for the payment of which sum, well and
truly to be made, the Principal and Surety do bind themselves, their heirs, executors, administrators, and successors and
assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the above bounden Principal has entered into a
certain written Contract with the above named Obligee, effective the 1st day of July 2016
and terminati n the 1st dayof July, 2017 , for Citywide Elevator Maintenance and Repair Services, City of Rancho Cucamonga, Rancho
B Cucamonga. CA, 91730
and more fully described in said Contract, a copy of which is attached, which Agreement is made a part hereof and
incorporated herein by reference, except that nothing said therein shall alter, enlarge, expand or otherwise modify the term of
the bond as set out below.
NOW THEREFORE, if Principal, its executors, administrators, successors and assigns shall protnptly and faithfully perform
the Contract, according to the terms, stipulations or conditions thereof, then this obligation shall become null and void,
otherwise to remain in full force and effect. This bond is executed by the Surety and accepted by the Obligee subject to the
following express condition:
Notwithstanding the provisions of the Contract, the term of this bond shall apply from 7/1/16
until 7/1/17 , and may be extended by the Surety by Continuation Certificate. However, neither nonrenewal,
by the Surety, nor the failure or inability of the Principal to file a replacement bond in the event of nonrenewal, shall itself
constitute a loss to the Obligee recoverable under this bond or any renewal or continuation thereof. The liability of the Surety
under this bond and all continuation certificates issued in connection therewith shall not be cumulative and shall in no event
exceed the amount as set forth in this bond or in any additions, riders, or endorsements properly issued by the Surety as
supplements thereto.
Sealed with our seals and dated this 29th day of April , 2016 •
Witness
Grace Laterza
(>6'e,
AMTECH ELEVATOR SERVICES
Principal Halina Kazmiercza
SJO,� itlsup4HC
Attorney -in -Fact • o Fo
9
mcoymATED�
1912
. 4iAe5Pc
v.
LIBERTY MUTUAL INSURANCE COMPANY
2
6L*css Att6ln cy-in-Fact Cynthia Farrell
Agreed and acknowledged this day of
By:
Obli gee
LMS -17125 01108
P59
SPECIAL POWER OF ATTORNEY
OTIS ELEVATOR COMPANY, a Corporation organized and existing under the laws of
the State of New Jersey, on behalf of itself, its subsidiaries and affiliates, (collectively
referred to as the "Corporation"), hereby makes. constitutes and appoints AON RISK
SERVICES NORTHEAST, INC., on behalf of certain of its employees as the
Corporation's true and lawful attorneys -in -fact:
Annette Leuschner
Cynthia Farrell
I-Ialine Kazmierczal(
Jessica lannotta
Sandra Diaz
Vivian Carti
with full power to execute, seal and deliver on behalf of the Corporation, surety bonds
and documents ancillary thereto issued in the course of the Corporation's business,
subject to the provisions of the Insurance Brokerage and Service Agreement effective
March 1, 2007, among Aon Risk Services, Inc. of Connecticut, Aon Risk Services, Inc.
of New York, currently known as AON RISK SERVICES NORTHEAST, INC, and
UNITED TECHNOLOGIES COMPANY, as amended or supplemented from time to time,
and to bind the Corporation, thereby as if such writings had been duly executed and
acknowledged by officers of the Corporation.
IN WITNESS WHEREOF, the Corporation has caused this Special Power of Attorney to
be signed by its duly authorized representative this )01K_ day of April 2015.
OTIS ELEVATOR COMPANY
By: .I
Name:
Title:
h' a_p-z►
s s S dr
✓/
UNITED STATE OFAMERICA ) ss: TOWN OF FARMINGTON
STATE OF i,ct,Jiyee Jr )
COUNTY OF f�rJ,� f' r� a )
On this. 30._ day of April 20/S, before me, a Notary Public in and for said County and
State, personally appeared ,C'YZ Af.) /-3c(nd o, who acknowledged himself to be the
8:JL'!'!
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. Psi
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
Certificate No. 7298720
American Fire and Casualty Company Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casually Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of
the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company
is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies, pursuant to and by authority herein set forth, does hereby name, constitute
and appoint Annette Leuschner; Cynthia Farrell; Debra A. Deming; Edward Reilly; Evangeline L. Dominick; Glenn J. Pelletiere; Jessica lannotta; Kelly
O'Malley; Robert P. McDonough; Sandra Diaz; Thomas Rhatigan; ValorieSpates; Vivian Carti
all of the city of New York state of ...NY each.individually if there be more ttian one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge
and deliver, for and on its behalf as surety and as its act and deed; any -and all undertakings, bonds; recognizances and other surety obligations; in pursuance of these presents and shall
be as binding upon the Companies as if they. have been duly signed by the president and attested by the secretary of the Companies in their own. proper persons.
IN WITNESS WHEREOF, this Power of Attomey,has been subscribed by an'authonzed officer or offcial of•the.Companiesrand the corporate seals of the Companies have been affixed
thereto this 24th day of March .. 2016
aI 1906
ry/C
STATE OF PENNSYLVANIA David M. Care ,Assistant Secretary
COUNTY OF MONTGOMERY
American Fire and Casualty Company
The Ohio Casualty Insurance Company
Liberty Mutual Insurance Company
West American Insurance Company
By:
ss
On this 24th day of March 2016 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and
Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do,
execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written.
SSP PAs,. COMMONWEALTH OF PENNSYLVANIA
I
fie• we, J� Notarial Seal
ti 4 , v Teresa Pastella. Notary Public I By:
OF Plymouth Twp.. Montgomery County Teresa Pastella. Notary Public
My Commission Expires March 28, 2017
r
9- PIS vt_q>.4 .,G
4FrY
Member, Pennsylvania Association of Notaries
This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance
Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows;
ARTICLE IV- OFFICERS - Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject
to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal,
acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective
powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so
executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under
the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE XIII - Execution of Contracts - SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president,
and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute,
seal, acknowledge and deliver as surety any and at undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their
respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so
executed such instruments shall be as binding as if signed by the president and .attested bythe secretary.
Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in -
fact as may be necessary to act on behalf. of the Company to make; execute, seal, acknowledge and deliver as suretyiany and all undertakings; bonds, recognizances and other surety
obligations. -
Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certifed,copy of power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed;.
I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and
West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a frill, true,arid:correct copy of the Power of Attorney executed by said
Companies, is in full force and effect and has not been revoked.
20 / .
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of
LMS 12873 122013
By:
Gregory W. Davenport, Assistant Secretary
16 of 200
Liberty
i\hlutui 1
SURETY
LIBERTY MUTUAL INSURANCE COMPANY
FINANCIAL STATEMENT— DECEMBER 31, 2015
Assets
Cash and Bank Deposits $753,038,641
*Bonds — U.S Government 1,547,613,446
*Other Bonds 11,088,162,545
*Stocks 9,919,835,033
Real Estate 295,926,247
Agents' Balances or Uncollected Premiums 4,487,501,643
Accrued Interest and Rents 120,872,424
Other Admitted Assets 14.130.266.527
Liabilities
Unearned Premiums $6,580,520,311
Reserve for Claims and Claims Expense 16,917,138,677
Funds Held Under Reinsurance Treaties 210,794,503
Reserve for Dividends to Policyholders 358,033
Additional Statutory Reserve 29,659,093
Reserve for Commissions, Taxes and
Other Liabilities 2.789.478,276
Total $26,527,948,893
Special Surplus Funds $67,890,944
Capital Stock 10,000,000
Paid in Surplus 8,829,183,823
Unassigned Surplus 6,908,192,846
Total Admitted Assets 842,343,216 506 Surplus to Policyholders 15,815,267,613
Total Liabilities and Surplus S42 141.216.506
* Bonds are stated at amortized or investment value; Stocks at Association Market Values.
The foregoing financial information is taken from Liberty Mutual Insurance Company's financial
statement filed with the state of Massachusetts Department of Insurance.
I; TIM MIKOLAJEWSKI, Assistant Secretary of Liberty Mutual Insurance Company, do hereby certify that the foregoing is a true, and
correct statement of the Assets and Liabilities of said Corporation, as of December 31, 2015, to the best of my knowledge and belief.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washington, this 15th day of
March, 2016.
Assistant Secretary
S-1262LMIC/a 3/16
P61
CALIFORNIA ALL-PURPOSE `ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of New York
County of New York
On 4/29/2016 before me, Aklima Noorhassan. Notary Public. personally appeared Cynthia
Farrell who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the
State of New York that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
a.
Signature of Notary Public
s 1,;..,r.,,:1 8 .00RNAs ;'-
r
F_
fi`�. 01140r 284493
a Chialiiiel in O3eens: Count;
iJ.Y Commission Expires Jun 17, 2,! i
P62
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of New York
County of New York
On 4/29/2016 before me, Akliina Noorhassan, Notary Public, personally appeared Halina
Kazmierczak who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)
on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the
State of New York that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Signature of Notary Public
il fl , ;;..in S MCORH SSAN o
E...ci'y Pti@I'C State r;; New fyC{'.. LY
' W;l. :
C ONTRACT
WORKER'S COMPENSATION INSURANCE CERTIFICATE
The Contractor shall execute the following form as required by the California
Labor Code, Sections 1860 and 1861:
I am aware of the provision of Section 3700 of the Labor Code which requires
every employer to be insured against liability for worker's compensation or to
undertake self-insurance in accordance with the provisions of that code, and I
will comply with such provisions before commencing the performance of the work
of this contract.
Date
Attest:
By:
yfl21( )
ontrator)
e)
B
(Signature)
gnature)
j24
r 47X41- ,/
(Title)
kAculAncy/Z.,
(Title)
INS -1
P64
P65
PROPOSAL
SCHEDULE OF COST AND LUMP SUM AMOUNTS
"CITYWIDE ELEVATOR MAINTENANCE AND REPAIR SERVICES"
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
Facility
Monthly Cost
Annual Cost
Archibald Library
7368 Archibald Ave.
$165.00
$1980.00
Central Park
Vertical Lift Genesis Opal
11200 Base Line Road
$50.00
5600.00
City Hall
10500 Civic Center Drive
$180.00
$2160.00
Public Safety
East Elevator
10510 Civic Center Drive
$180.00
$2160.00
Public Safety
West Elevator
10510 Civic Center Drive
$180.00
$2160.00
Stadium Complex
8408 Rochester Ave.
$165.00
$1980.00
Victoria Gardens Cultural Center
West Service Elevator
12505 Cultural Center Dr.
$165.00
$1980.00
Victoria Gardens Cultural Center
West Public Elevator
12505 Cultural Center Dr.
$165.00
$1980.00
Victoria Gardens Cultural Center
Roped hydro porch lift
12505 Cultural Center Dr.
$50.00
$600.00
Victoria Gardens Cultural Center
Screw drive porch lift
12505 Cultural Center Dr.
$50.00
$600.00
Total Base Bid:
$1350.00
$16,200
Amtech Elevator Services
Bidder
P-1
PROPOSAL
SCHEDULE OF COST AND LUMP SUM AMOUNTS
"CITYWIDE ELEVATOR MAINTENANCE AND REPAIR SERVICES"
Additive Bids
Facility
Monthly Cost
Annual Cost
Additive Bid 1
Victoria Gardens East Parking Structure
East Elevator (2E)
12505 Cultural Center Dr.
$ 190.00
$ 2280.00
Additive Bid 2
Victoria Gardens East Parking Structure
West Elevator (1E)
12505 Cultural Center Dr.
$ 190.00
$ 2280.00
Additive Bid 3
Victoria Gardens West Parking Structure
East Elevator (2W)
12505 Cultural Center Dr. -
$ 190.00
$ 2280.00
Additive Bid 4
Victoria Gardens West Parking Structure
West Elevator (1W)
12505 Cultural Center Dr.
$ 190.00
$ 2280.00
Total Additive Bids:
$ 7600.00
$ 9120.00
Total Annual Base Bid plus Additive Bids:
(Written in numerals)
$ 25,320.00
P66
Total Annual Base Bid plus Additive Bids in words:
Twenty- Five Thousand Three Hundred and Twenty Dollars
Amtech Elevator Services
Bidder
P-2
P67
PROPOSAL
SCHEDULE OF COST AND LUMP SUM AMOUNTS
"CITYWIDE ELEVATOR MAINTENANCE AND REPAIR SERVICES"
Extra Work Schedule
Description
Qty
Unit
Cost
Regular Labor
(M -F, 6:00 am to 6:00 pm)
1
HR
.
$ 300.00
After Hours Labor
(All other times excluding holidays)
1
HR
$ 510.00
Holiday Labor
(Recognized City Holidays Only)
1
HR
$ 600.00
Amtech Elevator Services
Bidder
P-3
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 CONDAYS 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 60 (SIXTY) days from the date of the award of
contract. They will then be returned to the respective bidders whose proposals
they accompany.
BIDDER:
Amtech Elevator Services
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."
C-11 737286
6/30/2017
California State Contractors License Number Expiration Date
P-4
P68
Bidder Agreement (continued)
SIGN HE
ce.
Officer
Officer
Officer
P69
Branch Manager
3/14/2016
Title Date
Title Date
Title Date
Title Date
Signature and title of the officer(s) set forth above shall be authorized to
sign contracts on behalf of the corporation, co -partnership or individual. If
signature is by ari 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 hid will be subject
to rejection by the City of Rancho Cucamonga.
F-5
A PACIFIC COAST ELEVATO(`
ORPORATION
k.
PACIFIC COAST ELEVATOR CORP.
dba Amtech Elevator Services
1550 South Sunkist Street
Suite A
Anaheim. CA 92806
Office: (714) 939-6516
Facsimile: (860) 660-6691
CERTIFICATE OF
CORPORATE SECRETARY
PACIFIC COAST ELEVATOR CORPORATION
1, Bryan K. Pollard. Secretary of PACIFIC COAST ELEVATOR
CORPORATION dba Amtech Elevator Services, a corporation organized and existing
under the laws of the State of Delaware, United States of America (the "Company"), do
hereby certify that:
1. By a Unanimous Consent of the Board of Directors dated April 16, 2014, I am a
duly appointed Secretary of the Company.
in my capacity as Secretary of the Company, I have access to and knowledge of
the minutes and records of the Company.
3. Under a Delegation of Authority signed June 1, 2003, Daniel J. Buttrey, in his
capacity as General Manager of Pacific Coast Elevator Corporation d/b/a Amtech
Elevator Services, is authorized as follows:
"lb make. execute and approve on behalf of the North American Area of the
Company (and its affiliated operating units) any and all contracts to
rnanuftictua'e, furnish, erect, modernize, service, repair, or maintain elevators,
escalators, dumbwaiters, hoisting apparatus, moving walkways and other
horizontal transportation systems, and to execute and approve on behalf of the
Company any and all waivers of lien, bonds, or other instruments, a part of or
incident to such contracts."
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the
Company this 4th day of February, 2016.
PACIFIC COAST ELEVATOR CORPORATION
Bryan K
Secretar
ollard
P70
BIDDER INFORMATION
P71
The bidder shall furnish the following information. Additional sheets may be
attached if necessary.
NAME OF FIRM: Amtech Elevator Services
Type of Firm: X Corporation Individual Partnership
Business Mailing
Address : 1550 S. Sunkist St, Suite A
Anaheim, CA 92806
Place of Business: same as above
Place of Residence: N/A
Telephone No .: 714-939-6516
Contractor's License: State: CA
License No.
Names and titles of all members of the firm:
Daniel Buttrey Branch Manager
737286
Wayne Lindsey Service Manager
Valerie Huerta Account Manager
Number of years as a contractor in construction work of this type
Three projects of this type recently completed:
Contract Type of Date
Amount Project Completed
$67,200
$10,920
$50,544
City of San Bernardino on going
City of Ontario on going
City of Fullerton
Owner's Name & Address
Rick Moreno 300 N. D st San Bernardino Ca 92418
Pat Malloy 1425 S. Bonview Ave Ontario CA 91761
on going Dana Huffman 303 Commonwealth Orange Ca 92632
Person who inspected site of the proposed work for your firm:
Name:
Valerie Huerta
Date of Inspection: 3/3/2016
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.
P-6
P72
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 and location of the place of business 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 ($10,000.00), whichever is
greater and the portion of the work which will be done by each subcontractor
as follows:
Subcontractor's
Name
N/A
Business
Address
License
No.
Description of Work and
Percent (%) of Total Bid
Total % of the work to be performed by Subcontractors listed above: n/a
Effective July 1, 2014, the bidder shall provide the California Contractor
License Number of each subcontractor listed. New Section 4104 contains the
following language:
"An inadvertent error in listing the California contractor license number
provided pursuant to paragraph (1) shall not be grounds for filing a bid protest
or grounds for considering the bid nonresponsive if the corrected contractor's
license number is submitted to the public entity by the prime contractor within
24 hours after the bid opening and provided the corrected contractor's license
number corresponds to the submitted name and location for that subcontractor."
P-7
DECLARATION OF ELIGIBILITi' 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 f Ll'fr day of 114AN , 2016, at N 4-t} ,44 (place
of execution), California.
Inv
S �nature
Name: Daniel Buttrey
Title : Branch Manager
Name of Company: Ami
P-8
P73
P74
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.
3. To take affirmative steps to hire minority employees within the firm.
FIRM: Amtech Elevator Services
TITLE OF PERSON SIGNING: Branch Manager
SIGNATURE: , t
DATE:
Please include any additional information av'iiable regarding equal opportunity
employment programs now in effect within your firm.
P-9
fr
P75
NON -COLLUSION DECLARATION
The unders_gr..ed declares:
I am the Branch Manager DE Amtech Elevator Services
:he foregoing bid.
, the party making
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
_:;'_•.ic.itnd any other bidder to out in a false or sham bid. The bidder has not directly
ox indirectly colluded, cot:apired, 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 ori behalf of a bidder that is a corporation,
partnership, loir•.t venture, li.:ited liability company, limited liabi.l.ity partnership,
or any ether 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 Stag_ of California that
the foregoing is true and correct and that this declaration is executed
jit/tf 4 (state).
on � t�(date), at 1141A1140-1,044., tt4, )city),
-- Ffie4 &Anca
BID BOND
KNOW ALL MEN BY THESE PRESENT: THAT
as Principals, and
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 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:
"CITYWIDE ELEVATOR MAINTENANCE AND REPAIR SERVICES"
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 day of , 20
(Seal) (Seal)
Business Name of Bidder (Principal) Business Name of Surety
By: By:
(Signature) (Signature)
Title: Title:
Individual
Other, explain
Partnership Corporation
P-11
P76
Mayor L.%.ennls Michael I Mayor Pro Tem Sam Spagnolo
Council Members WilliamJ. Alexander, Lynne Kennedy, Diane Williams
City Manager John R. Giliison
P77
2/23116
10500 Civic Center Drive I P.O_ Box. 807 I Rancho Cucamonga, CA 91729-0807 j 909.477.2700 I vvawi.CityofRC.us
ADDENDUM NO. 1
CITYWIDE ELEVATOR MAINTENANCE AND REPAIR SERVICES
To: All Plan Holders
Pursuant to the Specification, instruction to Bidders. Section G. Addendums, holders of bid proposals, contracts and
specifications and project plans of the above project are hereby directed to make the foilo\{ing corrections, additions,
and. -or deletions to any and all copies of plans and specifications in their possession:
1. The bidder's attention is directed to the Special Provisions, Part 9, Section 903-1.8:
Delete Subsection d) Hoistway Equipment and then replace with the following Subsection d)(R):
d)(R) t Ioistway Equipment.
Everything in the hoistway and pit is the responsibility of the elevator service contractor including, but not
limited to. car guide shoes, roller guides, tracks, door gibs, door closures, door motor limits and resistors, door
motors, door linkage, interlocks, governor ropes, hoisting wires ropes, conductor trail cables, hangers, hoist -way
switches, cams, terminal limits. inductors, belts, pulleys, removal of water from the pit, maintenance of the sump
pump, pit light, snitches, and outlets.
Pursuant to the Instruction to Bidders, Section G, Addenduius, a signed copy of this addendum acknowledging receipt
shall be returned to the City prior to hid opening or attached to bid documents.
Aeknow ledgenlent of receipt
Paul Fiske • .1 naaem - nal t
i
Mayor L. Dennis Michael 1 Mayor Pro Tem Sam Spagnolo
Council Members William J. Alexander, Lynne Kennedy, Diane Williams
City Manager John R Gillison
3/10/16
Vii= ;wr r t <w_':
►NCHO',C�' CAMONGA
10500 Civic Center Drive 1 P.O. Box 807 1 Rancho Cucamonga, CA 91729-0807 1 909.477.2700 i www,Cityo`RC.us
ADDENDUM NO. 2
CITYWIDE ELEVATOR MAINTENANCE AND REPAIR SERVICES
To: All Plan I -folders
Pursuant to the Specification. Instruction to Bidders, Section G, Addeudums, holders of hid proposals, contracts and
specifications and project plans of the above project are h.creby directed to make the following corrections, additions,
and/or deletions to any and all copies of plans and specifications in their possession:
1. Fite bidder's attention is directed to the Special Provisions, Part 9, Section 903-1.8:
Delete Section 903-1.4 Excluded Equipment and then replace with the following Section 903-1.4(R):
Section 903-1.4(R) EXCLUDED EQUIPMENT
Repair and replacement of underground infrastructure such as buried pipe and cylinders is excluded from the all-
inclusive fixed lump sum price portion of the contract.
Pursuant to the Instruction to Bidders. Section G. Addendums, a signed copy of this addendum acknowledging receipt
shall be returned to the City prior to bid opening or attached to bid documents.
Acknowledgement of re•°ipt
Paul Fish
Ivtanaeen t4tut,Analyst I
0/;.,-1-'9/ 6
P78
P79
Citywide Elevator Maintenance and Repair Services
ELEVATOR MAINTENANCE, INSPECTION, AND REPAIR SERVICES
QUALIFICATIONS OF FIRM
Firm Profile:
Amtech Elevator Services, a Corporation, is a wholly owned subsidiary of Otis Elevator and has
provided a total "Vertical Transportation Solution" in Southern California for close to fifty years.
Amtech originated in 1962, and specializes in: modernization, retrofit, repair, and maintenance
of all makes and models of vertical transportation equipment. We currently have three (3)
offices in the Southern California area staffed by approximately sixty office and field personnel in
each office. Our offices are located in: Anaheim, Downey, and Glendale/Los Angeles. The
maintenance support services would primarily be housed out of the Anaheim office.
Firm Experience:
Amtech Elevator Services has been operating out of our Anaheim, California location for over
seventeen years, with some original management still in place. Because of the strong
management and field personnel talent and support, we currently provide service to
approximately 4000 conveyance systems consisting of elevators, dumbwaiters, and escalators in
our portfolio. Many of our customers have had a service agreement with Amtech Elevator for
over 10 years, with some over 20 years. Within our portfolio are several customers with over
twenty elevators located at their facilities. These customers include Kaiser Permanente with over
200 elevators on service out of our Anaheim office and over 400 collectively with all Amtech
Offices in Southern California. Our other prominent customers are the Irvine Company (100+),
Claremont Colleges (100+), John Wayne Airport (25+), and Children's Hospital of Orange County
(25+).
Amtech Elevator has contracts with many local municipalities, school districts, and governmental
agencies which we provide elevator maintenance. Each facility has different protocols as to how
and when to perform service on the equipment. Many require notification as to when service will
be performed; either by calling them one hour prior to service or giving them a time frame when
the technician will be at their facility. Some agencies, John Wayne Airport, FAA Towers, or
Twenty -Nine Palms Marine Corp Station require our technicians to attend site specific training
regarding safety practices at their facility. Amtech Elevator will customize the service needs to
each customer and perform these tasks to the best of our abilities. The service visit frequencies
and scopes of work are similar to the Citywide Elevator Maintenance request It all depends on
each agency's specific protocols and safety practices that need to be addressed prior to
implementation of the agreement or service dates.
QUALIFICATIONS OF PERSONNEL
Amtech Elevator Services is dedicated to the partnership between your personnel and our office.
We are committed to providing excellent customer and maintenance services.Therefore, the City
of Rancho Cucamonga will receive the best possible service for each facility.
P80
Daniel Buttrey, Branch Manager
Summary of Qualifications: Mr. Buttrey has been in the elevator industry for over 30 years. He
started in the industry as a service technician and for the past ten years has been the Branch
Manager for the Anaheim Branch of Amtech Elevator Services. Mr. Buttrey has also received an
associate's degree in Business Administration. Mr. Buttrey will provide managerial support to
the field and office personnel and provide safety training and audits on service technicians.
Wayne Lindsey, Service Supervisor
Summary of Qualifications: Mr. Lindsey has been in the elevator industry for over forty years.
He has been an elevator and escalator service technician and for the past ten years has been a
Service Supervisor. Mr. Lindsey will provide lead field management and supervision for the
elevator maintenance technician for the City of Rancho cucamonga.
Scott Molle, Elevator Technician
Summary of Qualifications: Mr. Molle has over 30 years in the elevator industry and is a current
IUEC (International Union of Elevator Constructors) card holder, also had his Certified
Competent Conveyance Mechanics License and state license with the DOSH, Elevator Ride and
Tramway Unit. His primary territories are Riverside and San Bernardino Counties and is trained
in equipment manufactured by Thyssen, Schindler, Kone, Otis, and others. Mr. Molle will
provide professional and courteous elevator service, repair, and maintenance for the City of
Rancho Cucamonga.
Tom Hollinger, Elevator Technician
Summary of Qualifications: Mr. Hollinger has over 30 years in the elevator industry and is a
current IUEC (International Union of Elevator Constructors) card holder, also had his Certified
Competent Conveyance Mechanics License and state license with the DOSH, Elevator Ride and
Tramway Unit. Mr. Hollinger will provide professional and courteous trouble -shooting services
for the City of Rancho Cucamonga. He is also trained in equipment serviced by all major original
elevator equipment manufactures and others.
Valerie Huerta, Account Manager
Summary of Qualifications: Ms. Huerta will function as Amtech Elevator's main liaison to the
City of Rancho Cucamonga and provide all necessary documentations, proposals for non-
contract work, and fulfill any informational response and resolution to challenges that may
develop during the course of the contract. She will also provide periodic quality service checks
on the elevator equipment.
APPROACH AND UNDERSTANDING
Understanding Statement of Work:
At Amtech Elevator Services quality maintenance is our foundation, along with repair, and
modernization capabilities for all types of vertical transportation systems, regardless of the make,
model, age, or original equipment manufacturer. Amtech Elevator has the technical expertise
and proven ability to ensure proper maintenance of you elevator systems whether relay logic,
microprocessor technology, hydraulic, or traction. All of our service and repair technicians have
their "Certified Competent Conveyance Mechanic" license through the State of California. These
P81
r -
technicians come from a varied back ground of working for various companies in the elevator
trade. This "varied back ground" gives Amtech Elevator Services a unique advantage to
servicing your elevators with its many different elevator systems. Upon implementation of the
maintenance agreement, the assigned service technician is informed of the type of equipment
and contract, including the coverage and scope of work. The service technicians will base their
service on the needs and conditions of the elevator equipment. The service performed on the
elevator equipment for your elevators will be broken down based upon the type of equipment
needs to be serviced on a monthly basis. Generally each visit takes approximately one hour per
elevator.
Safety Plan:
AMTECH Elevator Services takes pride in continually having the safest record in the elevator
industry. Our goal is to be number one in the elevator industry in safe work practices. We will
not be satisfied until we are injury and incident free, and strive to drive safety through regular
training, standard work processes, field audits, safety absolutes, communication, and discipline.
At AMTECH, working safe is a condition of employment. All employees go through an extensive
training process on safety, standard practices, and administrative needs. The Anaheim Branch of
Amtech Elevator received a safety award in 2015 from our parent company Otis Elevator for
going five years without a recordable accident.
Amtech Elevator holds monthly safety meetings with all the service and repair technicians.
Management and account representatives also attend these meetings and are held to follow the
same safety policies as the technicians. February's safety meeting focused on Hazard Scan which
is a visual examination of your surroundings to determine any condition that could cause an
incident or injury and therefore, the technician can go through standard work practices and
adjust for these conditions. These meetings discuss best practices, close calls, industry
accidents, new tools and safety protocols to name a few. The service and repair technicians also
have "Tool Talk', which is a weekly safety article and are required to account and check in that
this has been read and reviewed. If there are new safety procedures and/or a major incident
occurs in the elevator industry, Amtech Elevator will hold a "Safety Stand Down Day". All
personnel are required to attend these events. These meetings go over new products, changes
to standard work practices and role play. All technicians have required safety gear on their
person and manuals for quick reference. The Branch Manager, Regional Operations Manager,
Operations Manager, and Field Managers conduct safety evaluations on every service and repair
technician a minimum of two times a year. We want our technicians to work safe, therefore our
customers are safe.
Our service and repair technicians perform a Job Hazard Analysis before starting their first job of
the day and when moving from one location to another. The Job Hazard Analysis (JHA) process
is a tool that allows our technicians to plan their work, review specific job steps, uncover and
indentify hazards for each task, and take the necessary actions so that accidents are prevented
from occurring. The first step is to list all major tasks in proper sequence, then for each task
identify the hazards associated with that specific task. The third step the technician will list the
necessary actions to eliminate or control the hazard and will also list the necessary personal
protective equipment recommended or required to facilitate the task. Some of the high risk
actions items the technicians will focus on are lock out tag out, stored energy, car top access,
hoisting and rigging, fall protection, jumpers, sprains and strains, lacerations, slips, trips, falls,
harmful contact with stored or electrical energy, and fatality prevention. The final step in the
JHA process is to use hazard identification skills to locate hazards around you not directly related
to the tasks to be completed, but could be a potential problem. The technicians are continually
scanning their surroundings for potential hazards on the job. Please see the enclosed Job Hazard
Analysis forms.
V1.Din ►u
P82
CITY OF RANCHO CUCAMONGA
PUBLIC WORKS SERVICES DEPARTMENT
SPECIAL PROVISIONS
NOTICE TO CONTRACTORS
PROPOSAL AND CONTRACT
CITYWIDE ELEVATOR MAINTENANCE AND REPAIR
SERVICES
BID OPENING:
Tuesday, March 15, 2016 at 2:00 PM
P83
CITY OF RANCHO CUCAMONGA
NOTICE INVITING BIDS
PROPOSAL, CONTRACT AND SPECIFICATIONS
FOR
CITYWIDE ELEVATOR MAINTENANCE AND REPAIR
SERVICES
FEBRUARY 17, 2016
PREPARED BY:
CITY OF RANCHO CCCA.MOhGA
8794 LION STREET
RANCHO CUCAMONGA, CALIFORNIA 91730
(909) 477-2730
WILLIAM W1T1 OPF
PUBLIC WORKS SERMES DIRECTOR
P84
CITY OF RANCHO CUCAMONGA
TABLE OF CONTENTS
Notice Inviting Bids N-1 thru 12
Instructions to Bidders I-1 thru 9
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
O. Mandatory Pre -Bid Meeting
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 Non -Discrimination by Contractors
Non -Collusion Affidavit
Bid Bonds
Contract Agreement C-1 thru 6
Faithful Performance Bond B-1
Labor and Materials Bond B-2 thru 3
Compensation Insurance Certificate INS -1
Maintenance Guarantee Bond MB -1
SPECIAL PROVISIONS
SPECIFICATIONS — Governed by "Green Book" Standard Specifications
AMENDMENTS to "Green Book" Standard Specifications
P85
PART 1 - GENERAL PROVISIONS
Section 1 - Terms, Definitions, Abbreviations, Units of Measure and Symbols GP -1
Section 2 - Scope and Control of the Work GP -2 thru 5
Section 3 - Changes in Work GP -6
Section 4 - Control of Materials GP -7 thru 9
Section 5 - Utilities GP -10
Section 6 - Prosecution, Progress and Acceptance of the Work GP -11 thru 12
Section 7 - Responsibilities of the Contractor GP -13 thru 18
Section 8 - Facilities for Agency Personnel GP -19
Section 9 - Measurement and Payment GP -20
PART 9 - FULL SERVICE ELEVATOR MAINTENANCE AND REPAIR
Section 901 - Terms, Definitions, Abbreviations, Units of Measure and Symbols SP -1 thru 2
Section 902 - Scope of Work SP -3 thru 8
Section 903 - Maintenance Specifications SP -9 thru 18
Section 904 - Schedule 1: Site List and Equipment Register SP -19
P86
RESOLUTION NO. 16-018
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA APPROVING PLANS AND
SPECIFICATIONS FOR CITYWIDE ELEVATOR MAINTENANCE
AND REPAIR SERVICES IN SAID CITY AND AUTHORIZING
AND DIRECTING THE CITY CLERK TO ADVERTISE TO
RECEIVE BIDS
WHEREAS, it is the intention of the City of Rancho Cucamonga to construct certain
improvements in the City of Rancho Cucamonga.
WHEREAS, the City of Rancho Cucamonga has prepared specifications for the
construction of certain improvements.
NOW, THEREFORE, The City Council Of The City Of Rancho Cucamonga, Hereby
Resolves, that the specifications presented by the City of Rancho Cucamonga be and are hereby
approved as the plans and specifications for "CITYWIDE ELEVATOR MAINTENANCE AND
REPAIR SERVICES".
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to
advertise as required by law for the receipt of sealed bids or proposals for doing the work specified
in the aforesaid plans and specifications, which said advertisement shall be substantially in the
following words and figures, to wit:
"NOTICE INVITING SEALED BIDS OR PROPOSALS"
Pursuant to a Resolution of the Council of the City of Rancho Cucamonga, San Bernardino
County, California, directing this notice, NOTICE IS HEREBY GIVEN that said City of Rancho
Cucamonga will receive at the Office of the City Clerk in the offices of the City of Rancho
Cucamonga, on or before the hour of 2:00 p.m. on March 15, 2016, sealed bids or proposals for
"CITYWIDE ELEVATOR MAINTENANCE AND REPAIR SERVICES".
A mandatory pre-bid meeting and site tour is scheduled on THURSDAY, MARCH 3, 2016,
beginning at 8:00 a.m. at 10500 Civic Center Drive, Rancho Cucamonga, CA 91730. Refer
to Item "0. Pre -Bid Meeting" of the "Instructions to Bidders" of the bid documents for
approximate 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. A valid State issued driver's license or ID card will be required for entry into the
Public Safety building and other restricted areas.
Bids will be publicly opened and read in the office of the City Clerk, 10500 Civic Center Drive,
Rancho Cucamonga, California 91730.
Bids must be made on a form provided for the purpose, addressed to the City of Rancho
Cucamonga, California, marked, "Bid for CITYWIDE ELEVATOR MAINTENANCE AND REPAIR
SERVICES"
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
Resolution No. 16-018 - Page 1 of 6
N-1
P87
less than the general prevailing rate of per diem wages for work of a similar character in the
locality in which the public work is performed, and not less than the general prevailing rate of per
diem wages for holiday and overtime work. In that regard, the Director of the Department of
Industrial Relations of the State of California is required to and has determined such general
prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file
in the office of the City Clerk, City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho
Cucamonga, California, and are available to any interested party on request. They can also be
found at www.dir.ca.gov/ under the "Statistics and Research" Tab. The Contracting Agency also
shall cause a copy of such determinations to be posted at the job site.
No contractor or subcontractor may be listed on a bid proposal for a public works project
(submitted on or after March 1, 2015) unless registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5 (with limited exceptions from this requirement
for bid purposes only under Labor Code section 1771.1(a)).
No contractor or subcontractor may be awarded a contract for public work on a public works
project (awarded on or after April 1, 2015) unless registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5.
This 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.
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 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 Tess 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
Resolution No. 16-018 - Page 2 of 6
N-2
P88
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 joumeymen 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, ex -officio the Administrator of
Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and
its branch offices.
Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the
execution of this contract and the Contractor and any subcontractor under him shall comply with
and be governed by the laws of the State of California having to do with working hours as set forth
in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended.
The Contractor or Subcontractor shall forfeit, as a penalty to the City of Rancho Cucamonga,
twenty-five dollars (325.00) 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.
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 fumished 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
Resolution No. 16-018 - Page 3 of 6
N-3
P89
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 Class C-11 (Elevator 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.
Questions regarding this Notice inviting Bids for "CITYWIDE ELEVATOR MAINTENANCE AND
REPAIR SERVICES" may be directed to:
Resolution No. 16-018 - Page 4 of 6
N-4
Paul Fisher
Management Analyst I
8794 Lion Street
Rancho Cucamonga, CA 91730
(909) 477-2730, ext. 4138
(email at paul.fishercityofrc.us)
P9O
Ty Quaintance
Facilities Superintendent
8794 Lion Street
Rancho Cucamonga, CA 91730
(909) 477-2730, ext. 4148
(email at tv.quaintance a(�citvofrc.us)
All questions regarding this Notice Inviting Bids must be in writing (e-mail is acceptable)
and received by the City no later than 5:00 pm on Thursday, March 10, 2015. The City is
not responsible for questions undeliverable.
ADVERTISE ON: PUBLISH DATES: February 23, 2016 and March 1, 2016
Resolution No. 16-018 - Page 5 of 6
N-5
PASSED, APPROVED, AND ADOPTED this 17th day of February 2016.
AYES: Alexander, Kennedy, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
ATTEST:
vnc:6c (--'
adA
g7D.er/
. ennis Michael, yor
nice C. Reynolds, Ci Clerk
I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Resolution was duly passed, approved and
adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting
of said City Council held on the 17th day of February 2016.
Executed this 18th day of February 2016, at Rancho Cucamonga, California.
-a/r1-66,4_ t°, 411X-ae
Vice C. Reynolds, CitfClerk
Resolution No. 16-018 - Page 6 of 6
N-6
P91
P92
RESOLUTION NO. FD 16-005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA APPROVING PLANS AND
SPECIFICATIONS FOR CITYWIDE ELEVATOR MAINTENANCE
AND REPAIR SERVICES IN SAID CITY AND AUTHORIZING
AND DIRECTING THE CITY CLERK TO ADVERTISE TO
RECEIVE BIDS
WHEREAS, it is the intention of the City of Rancho Cucamonga to construct certain
improvements in the City of Rancho Cucamonga.
WHEREAS, the City of Rancho Cucamonga has prepared specifications for the
construction of certain improvements.
NOW, THEREFORE, The City Council Of The City Of Rancho Cucamonga, Hereby
Resolves, that the specifications presented by the City of Rancho Cucamonga be and are hereby
approved as the plans and specifications for "CITYWIDE ELEVATOR MAINTENANCE AND
REPAIR SERVICES".
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to
advertise as required by law for the receipt of sealed bids or proposals for doing the work specified
in the aforesaid plans and specifications, which said advertisement shall be substantially in the
following words and figures, to wit:
"NOTICE INVITING SEALED BIDS OR PROPOSALS"
Pursuant to a Resolution of the Council of the City of Rancho Cucamonga, San Bernardino
County, California, directing this notice, NOTICE IS HEREBY GIVEN that said City of Rancho
Cucamonga will receive at the Office of the City Clerk in the offices of the City of Rancho
Cucamonga, on or before the hour of 2:00 p.m. on March 15, 2016, sealed bids or proposals for
"CITYWIDE ELEVATOR MAINTENANCE AND REPAIR SERVICES".
A mandatory pre-bid meeting and site tour is scheduled on THURSDAY, MARCH 3, 2016,
beginning at 8:00 a.m. at 10500 Civic Center Drive, Rancho Cucamonga, CA 91730. Refer
to Item "0. Pre -Bid Meeting" of the "Instructions to Bidders" of the bid documents for
approximate 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. A valid State issued driver's license or ID card will be required for entry into the
Public Safety building and other restricted areas.
Bids will be publicly opened and read in the office of the City Clerk, 10500 Civic Center Drive,
Rancho Cucamonga, California 91730.
Bids must be made on a form provided for the purpose, addressed to the City of Rancho
Cucamonga, California, marked, "Bid for CITYWIDE ELEVATOR MAINTENANCE AND REPAIR
SERVICES"
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
Resolution No. FD16-005 - Page 1 of 6
N-7
P93
less than the general prevailing rate of per diem wages for work of a similar character in the
locality in which the public work is performed, and not less than the general prevailing rate of per
diem wages for holiday and overtime work. In that regard, the Director of the Department of
Industrial Relations of the State of California is required to and has determined such general
prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file
in the office of the City Clerk, City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho
Cucamonga, California, and are available to any interested party on request. They can also be
found at www.dir.ca.gov/ under the "Statistics and Research" Tab. The Contracting Agency also
shall cause a copy of such determinations to be posted at the job site.
No contractor or subcontractor may be listed on a bid proposal for a public works project
(submitted on or after March 1, 2015) unless registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5 (with limited exceptions from this requirement
for bid purposes only under Labor Code section 1771.1(a)).
No contractor or subcontractor may be awarded a contract for public work on a public works
project (awarded on or after April 1, 2015) unless registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5.
This 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.
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 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 Tess 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
Resolution No. FD16-005 - Page 2 of 6
N-8
P94
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, ex -officio the Administrator of
Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and
its branch offices.
Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the
execution of this contract and the Contractor and any subcontractor under him shall comply with
and be governed by the laws of the State of California having to do with working hours as set forth
in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended.
The Contractor or Subcontractor shall forfeit, as a penalty to the City of Rancho Cucamonga,
twenty-five dollars ($25.00) for each worker employed in the execution of the contract by the
respective contractor or subcontractor for each calendar day during which the worker is required
or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar
week in violation of the provisions of this article.
Contractor agrees to pay travel and subsistence pay to each workman needed to execute the
work required by this contract as such travel and subsistence payments are defined in the
applicable collective bargaining agreement filed in accordance with Labor Code Section 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.
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
Resolution No. FD16-005 - Page 3 of 6
N-9
P95
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 Class C-11 (Elevator 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.
Questions regarding this Notice Inviting Bids for "CITYWIDE ELEVATOR MAINTENANCE AND
REPAIR SERVICES" may be directed to:
Resolution No. FD16-005 - Page 4 of 6
N-10
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Paul Fisher
Management Analyst I
8794 Lion Street
Rancho Cucamonga, CA 91730
(909) 477-2730, ext. 4138
(email at paul.fisher(c�cityofrc.us)
Ty Quaintance
Facilities Superintendent
8794 Lion Street
Rancho Cucamonga, CA 91730
(909) 477-2730, ext. 4148
(email at ty.quaintance(c�cityofrc.us)
All questions regarding this Notice Inviting Bids must be in writing (e-mail is acceptable)
and received by the City no later than 5:00 pm on Thursday, March 10, 2015. The City is
not responsible for questions undeliverable.
ADVERTISE ON: PUBLISH DATES: February 23, 2016 and March 1, 2016
Resolution No. FD16-005 - Page 5 of 6
N-11
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PASSED, APPROVED, AND ADOPTED this 17th day of February 2016.
AYES: Alexander, Kennedy, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
ATTEST:
pa/x6u...
a iice C. Reynolds, SecFtary
I, JANICE C. REYNOLDS, SECRETARY of the Rancho Cucamonga Fire
Protection District, do hereby certify that the foregoing Resolution was duly passed, approved,
and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a
Regular Meeting of said Board held on the 17th day of February 2016.
Executed this 18th day of February 2016 at Rancho Cucamonga, California.
nice C. Reynolds, Secrttary
Resolution No. FD16-005 - Page 6 of 6
N-12
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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.
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, except that
any designated "Specialty Items" may be performed by subcontract and the
amount of any such "Specialty Items" so performed may be deducted from
the Contract Price before computing the amount required to be performed
by the Contractor with its own organization. "Specialty Items" will be
identified by the Agency in the Bid or Proposal. 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
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submitted by the Contractor, and subject to approval by the Engineer.
With the proposal, the Contractor shall list (a) the name and
address of each subcontractor who will perform work included in the
contract, and (b) the portion of work which will be done by each
subcontractor. All subcontractors performing work in excess of 1/2% 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.
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 60 (SIXTY) 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 CITYWIDE ELEVATOR MAINTENANCE AND REPAIR
SERVICES 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
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not be withdrawn after said hour without forfeiture of the proposal
guarantee. The withdrawal of the proposal will not prejudice the right
of the bidder to submit a new proposal, providing there is time to do
so.
D. DISQUALIFICATION OF BIDDERS AND PROPOSALS
The bidder's attention is directed to the "California Business and
Professions Code," Section 7028.15, which requires the Contractor to
indicate his or her State License Number on the bid, together with the
expiration date, and be signed by the Contractor declaring, under penalty
of perjury, that the information being provided is true and correct.
"Any bid not containing this information, or a bid containing
information which is subsequently proven false, shall be considered non-
responsive and shall be rejected by the public agency."
More than one proposal for the same work from any individual, firm
partnership, corporation, or association under the same or different
names will not be accepted; and reasonable grounds for believing that
any bidder is interested in more than one proposal for the work will be
cause for rejecting all proposals in which such bidder is interested.
Proposals in which the prices are obviously unbalanced, and those
which are incomplete or show any alteration of form, or contain any
additions or conditional or alternate bids that are not called for or
otherwise permitted, may be rejected. A proposal on which the signature
of the bidder has been omitted will be rejected.
E. SIGNATURE OF CONTRACTOR
Corporation
The signature must contain the name of the corporation, must be
signed by the President and Secretary or Assistant Secretary, and the
corporate seal must be affixed. Other persons may sign for the
corporation in lieu of the above if a Certified copy of a resolution of
the corporate board of directors so authorizing them to do so, is on
file in the City Clerk's office.
Partnership
The names of all persons comprising the partnership or
co -partnership must be stated. The bid must be signed by all partners
comprising the partnership unless proof in the form of a certified copy
of a certificate of partnership acknowledging the signer to be a general
partner authorized to sign the contract on behalf of the partnership is
presented to the City Clerk, in which case the general partner may sign.
Joint Venture
Bids submitted as a joint venture must so state and be signed by
I-3
each joint venturer.
Individual
P101
Bids submitted by an individual must be signed by the bidder,
unless a general power of attorney, not more than 60 days old, is on
file in the City Clerk's office, in which case the attorney in fact may
sign for the individual.
The above rules also apply in the case of the use of a fictitious
business name. In addition, where a fictitious name is used, it must
be so indicated in the signature.
F. BID BOND
Bid must be accompanied by cash, cashier's check, certified check,
or surety bond in an amount not less than 10% of the total amount of
bid. Checks and bond shall be made payable to the City of Rancho
Cucamonga.
G. ADDENDUM
The correction of any discrepancies in or omission from the
drawings, specifications or other contract documents or any
interpretation thereof during the bidding period will be made only by
written addendum. A copy of each such addendum will be posted on the
internet, and it shall be the bidder's responsibility to download and
print each and every posted addendum and a signed copy of the addendum
shall be returned to the City prior to bid opening or attached to the
bid documents. Failure to do so may result in bid rejection. Said
addendum shall be made part of the contract. Any other interpretation
or explanation of such documents will not be considered binding. The
addendum can be found by going to www.ciplist.com, Member Login, then
choose California, then scroll down to San Bernardino County and click
on Browse Cities, then scroll down to Rancho Cucamonga and click on City
Projects, then click on the project of interest under the title and
follow directions for download.
H. EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE OF WORK
The plans and specifications to which the proposal forms refer are
on file and open to inspection in the office of the Public Works Services
Director.
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
I-4
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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.
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
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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 based upon the TOTAL OF THE
COMBINED BASE BID AMOUNT AND ADDITIVE BID AMOUNT(S). However, the City
reserves the right to award a contract, if it be awarded, to the above
lowest responsive bidder by either of the following two options:
1. Total Base Bid Amount
2. Total Base Bid Amount + any combination of Additive Bid Amount(s)
A proposal will not be considered if it does not include both the
Base Bid and the Additive Bid(s) and no proposal will be considered from
a Contractor to whom a proposal form has not been issued by the City of
Rancho Cucamonga.
No proposal will be considered from a Contractor to whom a proposal
form has not been issued by the City of Rancho Cucamonga to registered
prospective bidders from www.ciplist.com.
The award, if made, will be made as expeditiously as possible after
the opening of the proposals and in recognition of Section A.7. above.
In no case will an award be made until all necessary investigations are
made into the responsibility of the bidder to whom it is proposed to
award the contract.
Contractor shall possess any and all contractors licenses, in form
and class as required by any and all applicable laws with respect to any
and all of the work to be performed under this contract; including, but
not limited to, a Class C-11 (Elevator 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
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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 agreement to immediately notify said Engineer if said
policy should lapse or be canceled. In the event that such policy should
become inoperative at any time before the completion of the work, all
work shall cease immediately until a new policy is obtained and any time
so lost shall not entitle Contractor to any extension of time.
Execution of Contract
The Contract shall be signed by the successful bidder and returned
together with the other required documents, within fifteen (15) days
after the bidder has received notice that the contract has been awarded,
unless extended by said City Council in writing. No proposal shall be
considered binding upon the City until the execution of the contract.
Failure to execute a contract and file acceptable documents as
provided herein within fifteen (15) days from receipt of notice of award
shall be just cause for the annulment of the award. In the event of
failure to enter into such contract, the lowest bidder's security (cash,
cashier's check, certified check, or bond) shall become the property of
the City of Rancho Cucamonga.
If the City of Rancho Cucamonga awards the contract to the next
lowest bidder, the amount of the lowest bidder's security shall be
applied by the City of Rancho Cucamonga to the difference between the
low bid and the second lowest bid, and the surplus, if any shall be
returned to the lowest bidder.
Liquidated Damages and Working Days
Attention is directed to the provisions of Section 6-9 of the
Specifications.
Liquidated damages do not apply to this maintenance contract.
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,
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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 60 (SIXTY) 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.
0. PRE BID MEETING
A mandatory pre bid meeting is scheduled for 8:00 AM, Thursday,
March 3, 2016 at the Rancho Cucamonga City Hall, 10500 Civic Center
Drive, Rancho Cucamonga, CA 91730.
Approximate Directions:
Exit the I-10 Freeway at Haven Avenue.
Proceed north on Haven Avenue.
Drive past Arrow Route.
Turn east onto Civic Center Drive.
Proceed east past the delivery bay (on the north side of Civic Center
Drive) .
Turn left at the next street (it has no name).
Proceed north and turn left at the first parking lot entry.
Park in one of the 2 hour parking spaces.
Walk west past the water fountain (turned off) and Police Station.
to enter City Hall via the double glass doors.
Check in with the receptionist and complete the "Sign In" sheet.
The meeting and site tour will begin promptly at 8:00 a.m.
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.
P106
PROPOSAL
SCHEDULE OF COST AND LUMP SUM AMOUNTS
"CITYWIDE ELEVATOR MAINTENANCE AND REPAIR SERVICES"
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
Facility
Monthly Cost
Annual Cost
Archibald Library
7368 Archibal ve.
Central Park
Vertical Lift Gen
11200 Base Line Road0
7.41
City Hall
10500 Civic Center Drive
USEf
Public Safety
East Elevator
10510 Civic Center Drive
Op
alb
Public Safety
West Elevator
10510 Civic Center Drive
I
0
Stadium Complex
8408 Rochester Ave.
Victoria Gardens Cultural Center
West Service Elevator
12505 Cultural Center Dr.
Victoria Gardens Cultural Center
West Public Elevator
12505 Cultural Center Dr.
Victoria Gardens Cultural Center
Roped hydro porch lift
12505 Cultural Center Dr.
Victoria Gardens Cultural Center
Screw drive porch lift
12505 Cultural Center Dr.
Total Base Bid:
Bidder
P-1
P107
PROPOSAL
SCHEDULE OF COST AND LUMP SUM AMOUNTS
"CITYWIDE ELEVATOR MAINTENANCE AND REPAIR SERVICES"
Additive Bids
Facility
Monthly Cost
Annual Cost
Additive Bid 1
Victoria Gardens East Parking Structure
East Elevator (2E)
12505 Cultural Center Li.
$
$
Additive Bid 2
Victoria Gardens East Parking Structure
West Elevator (1E)
12505 Cultural Center Dr.
$
$
Additive Bid 3
Victor `--Gardens West Parking Structure
East E rev ok [;2 W)
12505 t1raL Ce7ytem Dr.
$
$
Additive Bi n � `'-Th _.
Victoria Gardens Wdtt ,$atking S'rrucpture
West Elevator (1W) if 1,
12505 Cultural Center Dr.
$
$
Total Additive Bids:
$
Total Annual Base Bid plus Additive Bids:
(Written in numerals)
Total Annual Base Bid plus Additive Bids in words:
Bidder
P-2
P108
PROPOSAL
SCHEDULE OF COST AND LUMP SUM AMOUNTS
"CITYWIDE ELEVATOR MAINTENANCE AND REPAIR SERVICES"
Extra Work Schedule
Description
Qty
Unit
Cost
Regular Labor
(M -F, 6:00 am to 6:00 pm)
1
HR
$
After Hours Labor
(All other times excluding holidays)
1
HR
$
Holiday or
(Reco•} — Holidays Only)
St
1
HR
$
Bidder
P-3
P109
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 CONDAYS 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 10s of the total amount of the bid payable
to the which is to be forfeited, as liquidated damages, if, in the event
the coir a-; does not execute the contract and furnish satisfactory bonds
under cm ti- s and within the time specified in this proposal, otherwise
said cash, cis`='a certified check, or bidders' bond is to be returned
to the undersigned. i 5 alendar days after award of the contract, the
City of Rancho Cucamong wi. ,'..,:,„. the bidder's bond accompanying such
proposal not considered in mak All other bidders' bonds will be
held until the expiration of 60 fz d,.:....m the date of the award of
contract. They will then be returned to he re. a*.•: bidders whose proposals
they accompany.
BIDDER:
I0'
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 Contractors License Number Expiration Date
P-4
Bidder Agreement (continued)
SIGN HERE
Officer
Officer
Officer
Officer
P110
Title Date
Title Date
Title Date
Title Date
Signature and title of the officer(s) set forth above shall be authorized to
sign contracts on behalf of the corporation, co -partnership or individual. If
signature is by an agent, other than an officer of the corporation or a member
of a partnership, a Power of Attorney must be on file with the City of Rancho
Cucamonga prior to or at time of bid opening; otherwise the bid will be subject
to rejection by the City of Rancho Cucamonga.
00
Nor
P--5
a/of
P111
BIDDER INFORMATION
The bidder shall furnish the following information. Additional sheets may be
attached if necessary.
NAME OF FIRM:
Type of Firm: Corporation Individual Partnership
Business Mailing
Address:
Pla
Place of Resid�x
Telephone No.:
Contractor's License: State:
Names and titles of all members of the firm:
cense No.
Number of years as a contractor in construction work of this type
Three projects of this type recently completed:
Contract Type of Date
Amount Project Completed
Owner's Name & Address
Person who inspected site of the proposed work for your firm:
Name: Date of Inspection:
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.
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P112
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 and location of the place of business 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 ($10,000.00), whichever is
greater and the portion of the work which will be done by each subcontractor
as follows:
Subcontractor's
Name
Business
Address
License
No.
Description of Work and
Percent (%) of Total Bid
0
No r
ti4s Foliq alb!
Total % of the work to be performed by Subcontractors listed above: %
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."
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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 u
work
provi
other prov io
signed contractor is not ineligible to bid on, be awarded or perform
contractor on a public works project by virtue of the foregoing
t,'ons 1777.1 or 1777.7 of the California Labor Code or any
3. The undersigned contra or
Section 6109, which states:
of California Public Contract Code
"(a) A public entity, as defined in Se•g io x:00° eof the Public Contract
Code) , may not permit a contractor or subcontro �'-�: i eligible to bid
or work on, or be awarded, a public works project puu_ `�' v tion 1777.1
or 1777.7 of the Labor Code to bid on, be awarded, o "`. rork as a
subcontractor on, aublic works
p project. Every public works :roject 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 , 2016, at (place
of execution), California.
Signature
Name:
Title:
Name of Company:
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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.
3. To take affirmative steps to hire minority employees within the firm.
FIRM:
TITLE 0
10
SIGNATURE:
DATE: S.J4f
Please include any additional information avding equal opportunity
employment programs now in effect within your fi
•
P-9
The undersigned declares:
I am the
NON -COLLUSION DECLARATION
the foregoing bid.
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of , the party making
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 ia - bid, or to refrain from bidding. The bidder has not in any manner,
directly • is ,ls•ught by agreement, communication, or conference with anyone
to fix the bid pric o
r any other
bidder, or to fix any overhead, profit,
or cost element of the bid ice;' o-'- at of any other bidder. All statements
contained in the bid are true. The s n•- directly or indirectly, submitted
his or her bid price or any breakdown thereof,or c o-nts thereof, or divulged
information or data relative thereto, to any corpor_ n, o ,: hip, company,
association, organization, bid depository, or to any member = thereof, to
effectuate a collusive or sham bid, and has not paid, and will not pay, aty 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 (date), at (city), (state).
P-10
Signature
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BID BOND
KNOW ALL MEN BY THESE PRESENT: THAT
as Principals, and
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 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:
"CITYWIDE ELEVATOR MAINTENANCE AND REPAIR SERVICES"
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 judgis recovered, said surety shall pay all costs incurred by said
City int, including a reasonable attorney's fee to be fixed by the
court.
SIGNED AND SEALED,
Business Name of Bidder (Principal)
By: By:
(Signature)
Title: Title:
Individual
Other, explain
, 20
(Seal)
Name of Surety
Partnership Corporation
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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 , 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 "CITYWIDE ELEVATOR MAINTENANCE AND REPAIR SERVICES."
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 "CITYWIDE
ELEVATOR MAINTENANCE AND REPAIR SERVICES." Said work to be performed in
accordance with specifications and standards on file in the office of the
Public Works Services Director and in accordance with bid prices hereinafter
mentioned and in accordance with the instruction of the Public Works Services
Director.
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 from the date specified in the Notice to Proceed through June 30,
2017. The Contract may be extended for one year periods beginning July 1, 2017
up to a maximum of five additional years. Prior to entering into an agreement
for an annual extension the Contractor may request a Cost of living Increase
in an amount not to exceed the increase in the December index of the preceding
year in the Consumer Price Index - All Urban Consumers for the Los Angeles -
Riverside -Orange County published by the U.S. Department of Labor, Bureau of
Labor Statistics. Options to renew are contingent upon the City Manager's
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approval, subject to pricing review and in accordance to all terms and
conditions stated herein unless otherwise provided in writing by the City.
The bidder agrees further to the assessment of liquidated damages in the
amount of N/A 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 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. 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) Public Liability - Bodily Injury (not auto) $2,000,000 each person;
$2,000,000 each accident.
(2) Public Liability - Property Damage (not auto) $250,000 each accident;
$500,000 aggregate.
(3) Contractor's Protective - Bodily Injury $500,000 each person;
$1,000,000 each accident
(4) Contractor's Protective - Property Damage $250,000 each accident;
$500,000 aggregate.
(5) Automobile - Bodily Injury $1,000,000 each person; $1,000,000 each
accident.
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(6) Automobile - Property Damage $250,000 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:
"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.
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,
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California, and are available to any interested party on request. City also
shall cause a copy of such determinations to be posted at the job site.
Pursuant to provisions of Labor Code Section 1775, the Contractor shall
forfeit, as penalty to City, not more than two hundred dollars ($200.00) for
each laborer, workman, or mechanic employed for each calendar day or portion
thereof if such laborer, workman, or mechanic is paid less than the general
prevailing rate of wages hereinbefore stipulated for any work done under the
attached contract, by him or by any subcontractor under him, in violation of
the provisions of said Labor Code.
6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section
1777.5 of the Labor Code as amended by Chapter 971, Statutes of 1939, and in
accordance with the regulations of the California Apprenticeship Council,
properly indentured apprentices may be employed in the prosecution of the
work
Attention is directed to the provisions in Section 1777.5 and 1777.6 of the
Labor Code concerning the employment of apprentices by the Contractor or any
subcontractor under him.
Section 1777.5, as amended, requires the Contractor or subcontractor employing
tradesmen in any apprenticable occupation to apply to the joint apprenticeship
committee nearest the site of the public works project and which administers
the apprenticeship program in that trade for a certificate of approval. The
certificate will also fix the ratio of apprentices to journeymen that will be
used in the performance of the contract. The ratio of apprentices to
journeymen in such cases shall not be less than one to five except:
a. When unemployment in the area of coverage by the joint apprenticeship
committee has exceeded an average of 15 percent in the 90 days prior to
the request for certificate, or
b. When the number of apprentices in training in the area exceeds a ratio of
one to five, or
c. When the trade can show that it is replacing at least 1/30 of its
membership through apprenticeship training on an annual basis statewide
or locally, or
d. When the Contractor provides evidence that he employs registered
apprentices on all of his contracts on an annual average of not less than
one apprentice to eight journeymen.
The Contractor is required to make contributions to funds established for
the administration of apprenticeship programs if he employs registered
apprentices or journeymen in any apprenticable trade on such contracts
and if other contractors on the public works site are making such
contributions.
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
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forth in Division 2, Part 7, Chapter 1, Article 3, of the Labor Code of the
State of California as amended.
8. The Contractor or Subcontractor shall forfeit, as a penalty to the City of
Rancho Cucamonga, twenty-five dollars ($25.00) for each worker employed in
the execution of the contract by the respective contractor or subcontractor
for each calendar day during which the worker is required or permitted to work
more than 8 hours in any one calendar day and 40 hours in any one calendar
week in violation of the provisions of this article.
8. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay travel and subsistence
pay to each workman needed to execute the work required by this contract as
such travel and subsistence payments are defined in the applicable collective
bargaining agreements filed in accordance with Labor Code Section 1773.1.
9. CONTRACTOR'S LIABILITY: The City of Rancho Cucamonga and its elected
officials, officers, agents and employees shall not be answerable or
accountable in any manner for any loss or damage that may happen to the work
or any part thereof, or for any of the materials or other things used or
employed in performing the work; or for injury or damage to any person or
persons, either workmen, employees of the Contractor or his subcontractors or
the public, or for damage to adjoining or other property from any cause
whatsoever arising out of or in connection with the performance of the work.
The Contractor shall be responsible for any damage or injury to any person or
property resulting from defects or obstructions or from any cause whatsoever,
except the sole negligence or willful misconduct of the City, its employees,
servants, or independent contractors who are directly responsible to City
during the progress of the work or at any time before its completion and final
acceptance.
The Contractor will indemnify City against and will hold and save City harmless
from any and all actions, claims, damages to persons or property, penalties,
obligations, or liabilities that may be asserted or claimed by any person,
firm, entity, corporation, political subdivision, or other organization
arising out of or in connection with the work, operation, or activities of
the Contractor, his agents, employees, subcontractors, or invitees provided
for herein, whether or not there is concurrent passive or active negligence
on the part of City, but excluding such actions, claims, damages to persons
or property, penalties, obligations, or liabilities arising from the sole
negligence or willful misconduct of City, its employees, servants, or
independent contractors who are directly responsible to City, and in
connection therewith:
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
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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 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 #:
By:
By:
Date
Title
Title
CITY OF RANCHO CUCAMONGA, CALIFORNIA
By: BY:
L. Dennis Michael, Mayor Janice C. Reynolds, City Clerk
Date
Contractor's Business Phone Number
Phone Number at which Contractor can be reached at any time
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CONTRACT
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENT: THAT as
Principal, and , as
Surety, are held and firmly bound unto the City of Rancho Cucamonga, hereinafter
called City, in the just and full amount of (Written)
$ (Figures)
payment whereof we hereby bind ourselves, our heirs, executors administrators,
successors and assigns, jointly and severally, firmly by these presents. Given
under our hands and sealed with our seal this day of , 20 .
The condition of the foregoing obligation is such that,
WHEREAS, the above-named principal is about to enter into a contract with the
City, whereby said principal agrees to construct "CITYWIDE ELEVATOR MAINTENANCE
AND REPAIR SERVICES" 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
Bond No.
PAYMENT BOND
(Labor and Materials)
KNOW ALL PERSONS BY THESE PRESENTS that:
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WHEREAS the CITY OF RANCHO CUCAMONGA (name of City) ("City") has awarded to
(Name and address of Contractor)
("Principal"), a contract (the "Contract") for the work described as follows:
"CITYWIDE ELEVATOR MAINTENANCE AND REPAIR SERVICES"
WHEREAS, Principal is required under the terms of the Contract and the
California Civil Code to secure the payment of claims of laborers, mechanics,
materialmen, and other persons as provided by law.
NOW THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
("Surety") a duly admitted surety insurer under the laws of the State of
California, as Surety, are held and firmly bound unto City in the penal sum of
($ ), this amount being not less than one
hundred percent (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.
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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
By:
By:
Its
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
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C ONTRACT
WORKER'S COMPENSATION INSURANCE CERTIFICATE
The Contractor shall execute the following form as required by the California
Labor Code, Sections 1860 and 1861:
I am aware of the provision of Section 3700 of the Labor Code which requires
every employer to be insured against liability for worker's compensation or to
undertake self-insurance in accordance with the provisions of that code, and I
will comply with such provisions before commencing the performance of the work
of this contract.
Date (Contractor)
Attest:
By:
By:
(Signature)
(Title)
(Signature)
(Title)
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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 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.
Public Works
Services Director: The Public Works Services Director of the City of
Rancho Cucamonga, acting personally or through agents or
assistants duly authorized by him.
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Substantial
Completion: Means the project can be used for its intended purpose as
determined by the Engineer.
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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 complete, continuous, consistent and safe maintenance, repair and
replacement as necessary of the Elevator systems as specified herein. During,
and at the end of the contract period, all Elevator systems shall be in a state
of repair and adjustment such that all systems are functioning as designed. All
necessary maintenance and repairs, scheduled and unscheduled, unless
specifically excluded by these special provisions, shall be provided by the
Contractor at the firm fixed price as shown on the proposal.
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.
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
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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.
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.
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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 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.
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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
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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.
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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 completion of the work. 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.
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.
GP -8
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The Engineer may inspect the production of material, or the manufacture
of products at the source of supply. Plant inspection, however, will not be
undertaken until the Engineer is assured of the cooperation and assistance of
both the Contractor and the material producers. The Engineer or his authorized
representative shall have free entry at all times to such parts of the plant
as concerns the manufacture or production of the materials. Adequate facilities
shall be furnished free of charge to make the necessary inspection. The City
assumes no obligation to inspect materials at the source of supply.
4-1.4 Test of Materials. The first paragraph shall be deleted and
replaced with the following paragraphs:
Before incorporation in the Work, the Contractor shall submit samples of
materials, as the Engineer may require, at no cost to the Agency. The
Contractor, at its expense, shall deliver the materials for testing to the
place and at the time designated by the Engineer.
Except as elsewhere specified, the City will bear the cost of testing
material and/or workmanship, which meet or exceed the requirements indicated
in the Standard Specifications and the Special Provisions. The cost of all
other tests, including the retesting of material or workmanship that fails to
pass the first test, shall be borne by the Contractor.
The Contractor shall at his expense furnish the City, in triplicate,
certified copies of all required factory and mill test reports. Any materials
shipped by the Contractor from a factory or mill prior to having satisfactorily
passed such testing and inspection by a representative of the City shall not
be incorporated in the work, unless the Engineer shall have notified the
Contractor, in writing, that such testing and inspection will not be required.
4-1.5 Certificate of Compliance. Add the following paragraphs at the end
of the subsection:
A Certificate of Compliance shall be furnished prior to the use of any
materials for which these specifications or the special provisions require that
such a certificate be furnished. In addition, when so authorized in these
specifications or in the special provisions the Engineer may permit the use of
certain materials or assemblies prior to sampling and testing if accompanied
by a Certificate of Compliance. The certificate shall be signed by the
manufacturer of the material or the manufacturer of assembled materials and
shall state that the materials involved comply in all respects with the
requirements of the specifications. A Certificate of Compliance shall not
relieve the Contractor or responsibility for incorporating material in the work
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.
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The form of the Certificate of Compliance and its disposition shall be as
directed by the Engineer.
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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.
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SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK
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 6:00 A.M. and 6:00 P.M., Monday through Friday, excluding recognized
City holidays and any City holiday closure period. 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.
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 insure
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the quality of the work.
6-8 COMPLETION, ACCEPTANCE, AND WARRANTY.
6-8.1 Completion. Delete the following from the last sentence:
"...and to which liquidated damages will be computed."
6-8.3 Warranty. The first paragraph shall be deleted and replaced with
the following:
All work shall be warranted by the Contractor against defective workmanship
and materials for a period of one (1) year from the date of completion of the
work.
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
Liquidated damages do not apply to this maintenance contract.
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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:
7-2.5 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:
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a. Compensation Insurance: Before beginning work, the Contractor shall
furnish to the Engineer a certificate of insurance as proof that he has taken
out full compensation insurance for all persons whom he may employ directly or
through subcontractors in carrying out the work specified herein, in accordance
with the laws of the State of California. Such insurance shall be maintained
in full force and effect during the period covered by this contract.
In accordance with the provisions of Section 3700 of the California Labor
Code, every contractor shall secure the payment of compensation to his employees.
Contractor, prior to commencing work, shall sign and file with the City a
certification as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which
require every employer to be insured against liability for worker's compensation
or to undertake self-insurance in accordance with the provisions of that Code,
and I will comply with such provisions before commencing the performance of the
work of this contract."
b. The policy of insurance provided for in subparagraph a. shall contain
an endorsement which:
(1) Waives all right of subrogation against all persons and entities
specified in subparagraph 7-3 d.(2) hereof to be listed as additional insureds
in the policy of insurance provided for in paragraph c. by reason of any claim
arising out of or connected with the operations of Contractor or any
subcontractor in performing the work provided for herein;
(2) Provides it shall not be canceled or altered without thirty (30)
days' written notice thereof given to City by registered mail.
c. For all operations of the Contractor or any subcontractor in
performing the work provided for herein, insurance with the following minimum
limits and coverage:
(1) Public Liability - Bodily Injury (not auto)
$2,000,000 each person; $2,000,000 each accident.
(2) Public Liability - Property Damage (not auto)
$250,000 each accident; $500,000 aggregate.
(3) Contractor's Protective - Bodily Injury
$500,000 each person; $1,000,000 each accident.
(4) Contractor's Protective - Property Damage
$250,000 each accident; $500,000 aggregate.
(5) Automobile - Bodily Injury
$1,000,000 each person; $1,000,000 each accident.
(6) Automobile - Property Damage
$250,000 each accident.
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d. Each such policy of insurance provided for in paragraph c. shall:
(1) Be issued by an insurance company approved in writing by City, which
is qualified to do business in the State of California. The insurance company
shall have a policy holder rating of A or higher and a Financial Class VII or
higher established by A.M. Best Company Rating Guide;
(2) Name as additional insured the City of Rancho Cucamonga, its elected
officials, officers, agents and employees, and any other parties specified in
the bid documents to be so included:
owned
under
(3) Specify it acts as primary insurance and that no insurance held or
by the designated additional insureds shall be called upon to cover a loss
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.
7-5 PERMITS
The entire text of Subsection 7-5 is deleted and
following:
Prior to the start of any work, the Contractor shall
City permits and make arrangements for City inspections.
the permits at no charge to the Contractor. The
subcontractors shall each obtain a City business license,
in accordance with State Business and Professions Code.
replaced with the
obtain the applicable
The City will issue
Contractor and all
and shall be licensed
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,
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(909) 477-2720.
In the event that the City has obtained permits, licenses or other
authorizations applicable to the work from other agencies, the Contractor shall
comply with the provisions of said permits, licenses and other authorizations.
Any charges for permit fees, licenses, inspection fees, certificates,
insurance, authorizations, bonds that are required by any other governing body
entity, utilities, railroads, agency shall be paid for by the Contractor. The
actual costs of these charges to the Contractor shall be reimbursable by the
City.
7-6 THE CONTRACTOR'S REPRESENTATIVE
The following paragraphs shall be added following paragraph one:
The Contractor shall file with the Engineer the addresses and telephone
numbers where he or his designated representative may be reached during hours
when the work is not in progress, so that 24-hour, 7 -days -a -week contact can be
maintained.
Instructions and information given by the Engineer to the Contractor's
authorized representative or at the address or telephone numbers filed in
accordance with this section shall be considered as having been given to the
Contractor.
7-8 WORK SITE MAINTENANCE
7-8.3 Noise Control. The text of the subsection shall be deleted and
replaced with the following:
Noise generated from the Contractor's operations shall be controlled as
specified by City Ordinance. The use of excessively loud warning signals shall
be avoided except in those cases required for the protection of personnel.
7-8.6.5. 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 last paragraph is deleted and replaced with the following:
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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:
7-10.4.2.3 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.
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
Haulers shall be used. Contact the City Integrated Waste/NPDES Division for
more information.
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
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Department of Industrial Relations. For all new projects awarded on or after
April 1, 2015, the contractors and subcontractors must furnish electronic
certified payroll records to the Labor Commissioner. The requirement to furnish
electronic certified payroll records to the Labor Commissioner will apply to
all public works projects, whether new or ongoing, beginning January 1, 2016.
Each Contractor or Subcontractor shall preserve his weekly payroll records
for a period of three (3) years from the date of the acceptance of the work by
the Board. The payroll records shall set out accurately and completely the
name, address, social security number, occupational classification, and hourly
wage rate of each employee, hours worked by him during the payroll period, and
full weekly wages earned by him, any deductions made from such weekly wages,
and the actual weekly wages paid to him.
Such payroll records shall be made available at all 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.
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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.
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SECTION 9 - MEASUREMENT AND PAYMENT
9-3 PAYMENT
P147
9-3.1 General. The following paragraphs shall be added at the end of the
subsection:
Whenever the Contractor is required to perform work or furnish equipment,
labor, tools and materials of any class for which no price is fixed in the
Proposal, it shall be understood that such work, equipment, labor, tools and
material shall be provided without extra charge, allowance, or direct payment
of any kind. The cost of performing such work or furnishing such equipment,
labor, tools and materials shall be included in the unit bid prices in the
proposal and no additional compensation will be made therefore.
If any portion of the work done or materials furnished under the Contract
shall prove defective or not in accordance with the specifications and contract
drawings, and if the imperfection in the same shall not be of sufficient
magnitude or importance to make the work dangerous or undesirable, the Engineer
shall have the right and authority to retain the work instead of requiring it
to be removed and reconstructed, but he shall make such deductions therefor in
the payment due the Contractor as may be just and reasonable.
9.3.2 Partial & Final Payment. Paragraph two shall be deleted and replaced
with the following paragraph:
On the work day following the designated closure date for preparation of
progress estimates, the Contractor shall submit to the Engineer a written
progress estimate based on the Contract Unit Prices or as provided for in
Subsection 9-2 of the work that has been satisfactorily completed. The Engineer
will review the estimate and approve it or notify the Contractor of any
exceptions. The Engineer will determine and prepare the partial and final
payments. If the Contractor fails to submit a written progress estimate, the
Engineer will determine the quantity of work performed. No such progress
estimate will be required nor payment will be made when the total number of
working days is twenty-five (25) or less or when the value of the work totals
less than five hundred dollars ($500.00). Progress payment will, when properly
completed as specified, be paid within 30 calendar days of submittal, and it is
understood that any delay in the preparation, approval and payment of these
demands will not constitute a breach of contract on the City.
9-3.3 Delivered Materials. The text of this subsection shall be deleted
and replaced with the following:
Materials and equipment delivered but not incorporated into the work will
not be included in the estimate for progress payment.
GP -21
SECTION 901
SYMBOLS.
PART 9
FULL SERVICE ELEVATOR MAINTENANCE AND REPAIR
TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND
901-1 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.
Where "as directed", "as required", "as permitted", "approval",
"acceptance", or words of similar import are used, it shall be
understood that direction, requirement, permission, approval, or
acceptance of the Public Works Services Director or designee is
intended unless stated otherwise.
Clean. "Clean" shall be defined as free of dirt, dust, spots,
streaks, stains, smudges, litter, debris, contaminants, pollutants,
and other residue.
Contractor. The term Contractor as used herein refers to both the
prime Contractor and any subcontractors. The prime Contractor shall
ensure that his/her subcontractors comply with the provisions of this
contract.
Emergency. The term Emergency as used herein means any condition
causing an elevator car to become inoperable or preventing the safe
operation thereof.
Facility. An establishment, structure, or assembly of units of
buildings or equipment designated for a specific function that may
include trailers, or temporary buildings.
Frequency of Service.
a) Monthly (M). Services performed 12 times during each 12 -month
period of the contract at 30 day intervals between services.
b) Bi -Monthly (Bi -M). Services performed 6 times during each 12 -
month period of the contract at 60 day intervals between
services.
c) Semi -Annual (SA). Services performed twice during each 12 -month
period of the contract at a six month interval between services.
Public Works Services Director. The Public Works Services Director of
the City of Rancho Cucamonga or his designated representative.
Regular Working Hours. The City's regular working hours are from 6:00
am to 6:00 pm, Monday through Friday, except: (a) recognized City
holidays; (b) the week between Christmas and New Years; and (c) other
days specifically designated by the Public Works Services Director or
designated representative. Elevator maintenance by the Contractor
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will be coordinated in advance through the Public Works Services
Director or his designee. The Public Works Services Director or his
designee for the convenience of the City may also approve other
inspection/maintenance times.
Response Time. Response time is defined as the time allowed the
Contractor after initial notification of a service call work
requirement to be physically on the premises at the work site, with
appropriate workers, supervision, tools, equipment, and materials,
ready to perform the work required.
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SECTION 902 SCOPE OF WORK
902-1 GENERAL
902-1.1 DESCRIPTION OF WORK
The intention of this solicitation is to procure a full service elevator
maintenance and repair contract. All necessary maintenance and repairs,
scheduled and unscheduled, shall be the responsibility of the contractor;
unless specifically excluded by these special provisions.
The scope of work to be performed in general consists of, but is not
limited to, the complete, continuous, consistent and safe maintenance,
repair and replacement as necessary of the Elevator systems as specified
herein. During, and at the end of the contract period, all Elevator
systems shall be in a state of repair and adjustment such that all systems
are functioning as designed.
The contractor agrees to maintain, repair and replace all the designated
Elevator systems covered by this Agreement as necessary to ensure
continuous operation of same within the equipment manufacturers'
specifications and consistent with the original system design intent. All
maintenance and testing and minor new works shall comply with the current
relevant California Building Codes, applicable ANSI/ASME codes and
standards, and manufacturer's recommendations. Work will be inspected for
quality and completion. Should areas be found that are unacceptable, the
contractor will be expected to re -inspect, maintain, adjust, lubricate,
repair, or replace equipment in that area without additional cost to the
City. The Public Works Services Director, or his designated representative,
shall be the sole judge as to the adequacy and quality of services
rendered.
902-1.2
SCHEDULE OF PROPERTIES
The site list and existing equipment registers included in Schedule 1
provide the location of the sites or premises at which the work is to be
carried out and nominates the plant and equipment to be inspected and
serviced. The following facilities are to receive Full Service Elevator
Maintenance and Repair as specified herein:
Building
Address
Archibald Library
Central Park
City Hall
Public Safety
Stadium Complex
Victoria Gardens
Center
Victoria Gardens
Structure
Victoria Gardens
Structure
Cultural
East Parking
West Parking
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7368 Archibald Ave.
11200 Base Line Rd.
10500 Civic Center Drive
10510 Civic Center Drive
8408 Rochester Ave.
12505 Cultural Center Dr.
12505 Cultural Center Drive
12505 Cultural Center Drive
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902-1.3 CONTRACT BOND
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 contract amount, conditioned for the
Faithful Performance by the Contractor of all covenants, stipulations any
agreements contained in said contract; in addition, the Contractor shall
furnish a Labor and Materials Bond in a sum equal to 100% of the contract
price, as required by the provisions of Section 3248 of the California
Civil Code.
902-1.4 PRICE
The contract price paid per month for Full Service Elevator Maintenance and
Repair services shall include full compensation for furnishing all labor,
replacement parts, equipment materials, and incidentals, and for doing all
the work involved in providing Full Service Elevator Maintenance and Repair
in conformance with the specifications herein, and as directed by the
Public Works Services Director or designated representative. Pricing is
also required for Service Call hourly rate for special services
specifically excluded by these special provisions.
902-2 SERVICE DELIVERY PERFORMANCE
902-2.1 GENERAL
The following general service delivery process shall be undertaken:
a) Contact Site representatives (where applicable) and arrange
Site access to plant and Equipment nominated on the schedules;
b) visit premise, report to Site representative and inspect
nominated plant and Equipment;
c) inspect and service nominated plant and Equipment in
accordance with service schedules;
d) identify additional maintenance requirements and refer
to the Site representative and the Facilities Manager for
consideration;
e) carry out any additional work approved by the Contract
Manager;
f) clean and tidy work area;
g) complete Service Reports for all plant inspected;
h) prepare summary Service Reports and submit to the Facilities
Manager; and
i) submit claim for payment complete with all Service Reports and
summary Service Reports.
In addition to routine servicing, the Contractor shall be required to
undertake maintenance / repair work, in response to breakdowns, call -outs
or as a result of an inspection during a routine service visit, or upon
request from an authorized representative.
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The Contractor shall minimize the need for call -outs by inspecting the
systems during routine service visits with the view to effecting any
minor repairs, replacements or maintenance during these visits.
902-2.2 SCHEDULE
Contractor shall provide a master schedule within ten (10) calendar days
after the effective date of this Price Agreement which clearly shows the
specific tasks to be performed under preventive maintenance and the
proposed dates for completing the work.
The Contractor's initial work schedule shall indicate the hours of the day
that services will be performed and the day of the week services will be
performed. The schedule shall list the type of work to be performed, the
areas to be worked, and the estimated time to complete the work in each
area. When scheduled services fall on a holiday, alternate dates shall be
specified. Once approved, all scheduled work shall be performed in strict
compliance with the work schedule to facilitate the City's inspection of
the work. Proposed changes to the schedule shall be submitted in writing,
in advance of performing the work. The Contractor shall schedule and
arrange work so as to cause the least interference with the normal
occurrence of City business. In those cases, where some interference may
be unavoidable, the Contractor shall be responsible to make every effort to
minimize the impact of the interference, inconvenience, customer
discomfort, etc.
902-2.3 HOURS OF SERVICE
Contractor shall perform all scheduled maintenance during the City's
regular working hours. Routine and emergency repairs shall be completed as
directed by the Public Works Services Director.
902-2.4 CONTINUITY OF EXISTING SERVICE
The Contractor must avoid disruption to the day to day operations as much
as possible.
Following the delivery of any service or works the facilities are to be
left in an appropriate state to their intended purpose.
The Contractor must investigate and become familiar with any building
services, and the nature of Facilities services within the building which
proposed works may affect. In the event that the maintenance works may
adversely affect any building service or Facilities service, the Contractor
must seek direction from the Contract Manager prior to proceeding with the
works.
The Contractor must ensure that all emissions including noise and odor from
the contractor's plant, equipment and materials are within legislative and
regulatory requirements and avoid disruption to Facilities services as far
as practical. The Contractor must consult with the Contract Manager about
proposed works if there is doubt as to the adverse impact on the Facilities
services.
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902-2.5 PROTECTION OF CITY PROPERTY
During execution of the work, the Contractor shall take special care to
protect City property including carpeting, quarry tile, composition and
other flooring, furniture, walls, baseboards, and other adjacent surfaces
from materials not intended. The Contractor shall return areas or walls
damaged as a result of work under this contract to their original
condition, to include painting, refinishing, or replacement, as necessary.
902-2.6 DAMAGE TO CITY FACILITIES
The Contractor shall be held responsible for all damage that is caused by
his work, workmen, or by his Subcontractors and the Subcontractor's
employees or hires. Patching and replacing of damaged work, shall be done
as directed by the Owner, but the cost of same shall be paid by the
Contractor.
At completion of the Work, damage to any portion of the buildings,
including but not limited to the building's interiors and exteriors,
drives, walks, underground and overhead work, and the like used by or
during the Work of this Contract shall be repaired or replaced in like
manner to the satisfaction of the Public Works Services Director at
Contractor's expense.
902-2.7 SITE SECURITY
Service technicians are to sign in and out when they arrive and depart the
premises. While performing work within the City's facilities, the
Contractor's personnel will not admit anyone into said facilities. On
completion of maintenance activities, all lights will be turned off, doors
locked, and corridors/machine rooms left in an otherwise neat and orderly
condition. The City assumes no liability for loss or damage to Contractor -
owned property held or left upon City premises.
902-2.8 EMPLOYEE SECURITY
Contractor's employees shall be in a Contractor -supplied uniform at all
times while working on City property. A Contractor -provided, clearly
readable name identification device consisting of the employee's name,
employee photo, and the company name shall be worn at all times. Prior to
access into any City Facility, the Contractor shall complete employee and
subcontractor background checks. Background information is required prior
to any work occurring on any City property.
902-2.9 MONTHLY MEETINGS
The Contractor or Contractor's Representative shall attend monthly meetings
with the Public Works Services Director or designated representative to
review the maintenance and repairs completed the previous month. The
Contractor will submit an updated work/staffing schedule for approval at
these meetings. The meeting will be held at a time and location to be
determined by the Public Works Services Director or designated
representative.
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902-2.10 COMMUNICATIONS
The Contractor shall provide a cellular telephone to the Contractor's
representative. The Contractor's representative shall carry the telephone
on his/her person at all times during the workday for communication with
the Public Works Services Director. The Contractor's representative shall
be on call 24 hours per day for emergencies within the contract areas.
902-2.11 DISPATCHING
Contractor shall furnish a single point of contact to City for the
placement of faxed or phone service requests to the contractor. This
contact shall be furnished as a part of the contract and at no additional
cost to City. The dispatch service shall be available from 6:00 a.m. to
10:00 p.m. (local time). The Contractor shall make provisions for after-
hours dispatching and provide phone numbers for this purpose to the Public
Works Services Director or designated representative.
902-2.12 NON -RESPONSIVENESS OF CONTRACTOR
Failure of the Contractor or the supervisors to respond immediately to the
telephone, pager, or radio notification by the Public Works Services
Director or designated representative of an emergency condition, or failure
of the Contractor to respond within two days of written notification by the
Public Works Services Director or designated representative, shall give the
Public Works Services Director or designated representative the right to
cause necessary work to be performed by City crews, other contractors, or
day labor and any costs incurred in so doing shall be deducted from
contract payments.
902-2.13 TERMINATION FOR CONVENIENCE
The performance of services under this agreement may be terminated in whole
or part from time to time when such action is deemed by the City to be in
its best interest. Termination of services shall be effected by delivery
to the contractor of a thirty (30) day advance, written Notice of
Termination specifying the extent to which performance of services under
this Agreement shall be terminated and the date upon which the termination
becomes effective.
902-2.14 EVENTS OF DEFAULT
The City may terminate all or any part of this Agreement if the Contractor
fails to perform any of the provisions of this Agreement, or fails to make
progress to correct deficient performance, and in either of these two
circumstances does not cure such failure within a period of ten (10)
calendar days (or such longer period as the City may authorize in writing)
after receipt of notice from the City specifying such failure.
902-2.15 QUALIFICATIONS OF CONTRACTOR
Contractor must be a responsible firm that has been in continuous existence
and has provided continuous services for the relevant requirements
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contained herein for at least five (5) years. Bids from contractors with
less than the minimum required experience may be rejected as non-
responsive.
Contractor shall be a California State Certified Qualified Conveyance
Company (CQCC) at the time the bid is submitted and throughout the full
term of the agreement, if awarded.
Each mechanic performing elevator maintenance services shall hold a
Certified Competent Conveyance Mechanic (CCCM) license at the time the bid
is submitted and throughout the full term of the agreement, if awarded.
Contractor shall hold a valid C-11 (Elevator Contractor) license, issued by
the California State Contractors License Board at the time the bid is
submitted and throughout the full term of this the agreement, if awarded.
902-2.16 QUALIFICATIONS OF CONTRACTOR'S EMPLOYEES
The Contractor shall ensure that his/her staff is adequately trained for
the elevator maintenance tasks contained herein. Each member of the
elevator maintenance staff shall have completed a recognized elevator
constructor apprenticeship program and possess a verifiable minimum of two
years of similar experience on similar devices and have a Certified
Competent Conveyance Mechanic (CCCM) license before performing work under
this contract. The Contractor shall specify a Foreman who will have
responsibility for performance of contract service. The Foreman shall be
competent to supervise all aspects of the contract, and shall be available
on site within two (2) hours after notification during the term of the
contract. The Public Works Services Director or designee shall be notified
in writing of the name of the Foreman and of changes in personnel appointed
to fulfill the function, or of substitutions of personnel due to illness or
leave. The replacement Foreman shall have equal or greater skills as the
regular Foreman. A work history (resume) shall be submitted for each
additional Foreman. The Foreman shall, in the absence of the Contractor,
act for the Contractor as the Contractor's Representative. The
Contractor's Foreman will be required to possess a minimum of three years'
similar experience, be fluent in the English language and possess adequate
skills to communicate verbally and in writing with the City and/or the
Public Works Services Director.
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SECTION 903 MAINTENANCE SPECIFICATIONS
903-1 SCHEDULED MAINTENANCE
903-1.1 GENERAL
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The Contractor shall provide the elevator maintenance and repair services
described herein. It is the intent of this bid to procure a full service
elevator maintenance and repair contract at a fixed monthly lump sum price.
All necessary maintenance and repairs, scheduled and unscheduled, shall be
the responsibility of the contractor; unless specifically excluded by these
special provisions. All elevator maintenance and repair services shall be
paid for under the fixed lump sum price portion of the contract which shall
include full compensation for furnishing all parts, labor, materials,
tools, equipment, transportation, and incidentals for doing all work
involved in providing "Full Service Elevator Maintenance and Repair" as
described herein. An inventory and description of the areas to receive
elevator maintenance services is included.
903-1.2 CONTRACTOR FURNISHED ITEMS
Contractor shall provide all equipment, materials, supplies, parts, labor,
tools, transportation and supervision to perform the services required by
this contract. Work will be inspected for quality and completion. Should
areas be found that are unacceptable, the contractor will be expected to
re -inspect, maintain, adjust, lubricate and repair equipment in that area
without additional cost to the City. Material, equipment, and supplies
provided shall be of the type and quality used in large-scale commercial
elevator maintenance operations, shall meet the requirements specified
herein, and shall be approved by the Public Works Services Director or
designee before use. Within 15 days after award of this contract, the
Contractor shall submit a list of the materials to be used for approval by
the Public Works Services Director. The list shall include the
manufacturer's name, brand name, and statement certifying that materials
meet or exceed contract requirements. Also required from the Contractor at
that time are the Material Safety Data Specification sheets (MSDS sheets)
for all proposed materials and usage instructions and caution notes. If
requested by the Public Works Services Director, the Contractor shall
submit actual samples of the materials to be used.
Contractor shall:
1) Maintain a reasonable supply of parts for various elevators and
controllers covered under this contract.
2) Maintain a reasonable supply system for acquisition of additional
parts for various elevators which will provide all of the necessary
parts either immediately or with minimal delay.
3) All parts used in performance of this work shall be new original
equipment manufacturer's parts or approved equal.
4) Furnish, install and maintain all warning devices, i.e., barricades,
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cones, etc. required to adequately protect the public, City of Rancho
Cucamonga staff and other workers during the performance of the work
including such periods as when elevators are closed awaiting
additional repairs.
5) Perform all work in accordance with generally accepted industry
practice for safe and efficient operation.
6) Warranty all labor and materials used in the work for a period of one
year, or in accordance with manufacturer's warranty if longer, after
completion of the repairs.
7) Identify and advise the City of Rancho Cucamonga of any additional
maintenance or repair work that may be required to maintain the
efficient operation and useful life of the equipment.
903-1.3 CITY FURNISHED PROPERTY AND SERVICES
Where available, the City will provide to the Contractor plans for City
owned facilities to determine location of elevators, safe methods of work,
and equipment pertaining to the work for the City.
a. City Furnished Equipment. The City will not provide tools or
equipment to the Contractor. There are no safety belt or safety
harness attachment devices or rings for elevator maintenance. There
are no existing scaffolding facilities and no permanent devices
attached to the roofs or walls of city buildings for elevator
maintenance purposes.
b. Availability of Utilities. The City will furnish the following
utility services at existing outlets, as may be required for the work
to be performed under the contract: electricity, and refuse collection
(from existing collection points in existing containers). Information
concerning the location of existing power sources may be obtained from
the Public Works Services Director or his representative. The
utilities specified above will be furnished at no cost to the
Contractor.
903-1.4
None
903-1.5
EXCLUDED EQUIPMENT
OILS, GREASES, AND LUBRICANTS
All greases and lubricants used must be kept clean and free of
contaminants. Where a pressure grease point will not accept grease, the
nipple is to be removed and replaced with a new nipple of the appropriate
size. The quantity of grease or oil applied is to be sufficient to provide
good Lubrication. Excessive lubricant is to be removed from around the
bearing, shaft, lubricating point and surrounding area. Lubrication must be
provided at intervals as specified by the Equipment manufacturer.
Lubrication must be carried out using lubricants recommended in
manufacturer's maintenance and operating instructions or approved
equivalent.
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903-1.6 SCAFFOLDING
When scaffolding is used, special care shall be exercised to prevent damage
to any roofing or flashing. No safety lines may be attached to
ventilators, stacks or any other non-structural component. The Contractor
will be held responsible for any damage that occurs. Refer to IWCA I-14.1-
2001 for specific attachment provisions.
903-1.7 SAFETY AND FIRE PREVENTION
In the performance of this contract, the Contractor shall take such
reasonable safety precautions needed to protect the lives and health of
workers, occupants, visitors, and bystanders. The Contractor shall
immediately correct any fire and safety deficiencies caused by his/her
personnel. If the Contractor fails or refuses to correct deficiencies
promptly, the Public Works Services Director or his designee may issue an
order stopping all or any part of the work, and hold the Contractor in
default of the contract.
903-1.8 PREVENTIVE MAINTENANCE
Preventive maintenance, including all manufacturer's recommended
maintenance, shall be performed at the locations and frequencies listed
herein, and shall consist of the services listed for the specified spaces.
Preventive maintenance shall be paid for under the fixed lump sum price
portion of the contract which shall include full compensation for
furnishing all parts, labor, materials, tools, equipment, transportation,
and incidentals for doing all work involved in providing preventive
maintenance as described herein. Furniture or other items (including waste
containers) moved while performing basic services shall be returned to
their original position. CONTRACTOR shall regularly and systematically
examine, adjust, lubricate, clean and when conditions warrant, repair or
replace the following items and components thereof and all other related
mechanical or electrical equipment.
a) Hydraulic Valves. Including, but not limited to, valve parts,
seals, seats, coils, filters and screens.
b) Hydraulic Pumps. Including, but not limited to, shafts, seals,
bearings, hydraulic motors, sheaves, belts, and cylinder head
packing.
c) Machine Parts. Including, but not limited to, worms, gears,
shaves, shafts, thrust bearings, brake drums, brake springs, brake
magnets, brake shoes, governors, hoist motors, windings,
armatures, brushes, brush rigging, commutators, hoist motor
bearings, and all hoist motor wiring and wiring connections.
d) Hoistway Equipment. Including, but not limited to, car guide
shoes, roller guides, tracks, door gibs, door closures, door motor
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limits and resistors, door motors, door linkage, interlocks,
governor ropes, hoisting wires ropes, conductor trail cables,
hangers, hoist -way switches, cams, terminal limits, inductors,
belts, and pulleys.
e) Car Operating Equipment. Including, but not limited to, car
operating buttons, car operating button lights, car position
indicator lens and lights, hall push buttons and hall push lights,
emergency lighting (including battery) and emergency phone system.
f) Controller Components. Including, but not limited to, motors,
drive belts, bearings, windings, coils, rotating elements, wiring,
connections, contacts, relays, fuses, resistors, capacitors,
diodes, rectifiers, transformers, timers, magnets, solid state
boards, solid state components, selectors, selector contracts,
strainers and mufflers, packing, and piping in machine room and
hoist -way.
g) Furnish lubricants and hydraulic system oil compounded to meet or
exceed the original equipment manufacturer's specifications.
h) Add hydraulic system oil as necessary.
i) Keep guide rails properly lubricated except where roller guides
are used.
j) Replace guide shoe gibs or rollers, when conditions warrant,
providing smooth and quiet operation.
k) Replace signal lamps, as necessary, during each regular service.
1) Repair or replace control cables when conditions warrant.
m) On a monthly basis, examine, clean, lubricate, adjust and, when
conditions warrant, repair or replace all safety devices to
include, but not limited to:
i) Interlocks and door closures
ii) Buffers
iii) Limit landing and slowdown switches
iv) Door protective devices
v) Alarm bells
vi) Emergency lights (including battery)
vii) Emergency phone system
n) Conduct pressure relief valve tests:
i) Perform tests as required by A.N.S.I., A-17.1 Code.
ii) Certify tests as required.
iii) Submit copy of the certification to the State of
California, Department of Industrial Relations, Elevator
Safety Unit.
iv) Submit another copy of the certification to the Public
Works Services Director or designee with the regular
monthly invoice.
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o) On a monthly basis, examine, lubricate, adjust and when conditions
warrant, repair or replace the following accessory equipment:
p)
i) Car and corridor operating stations
ii) Car and corridor hangers and tracks
iii) Door operating devices
iv) Door gibs
v) Car fan
On a monthly basis, clean elevator hatch equipment including
rails, inductors, sills, hatch door hangers and tracks, relating
devices, switches, buffers, car tops, and elevator pits.
q) Semi-annually, clean elevator hoistways, hoist cables, (lube if
necessary) earthquake cables, selector tapes, rails, hoistway
sill, traveler cables and bottom of car.
r) Repair or replace, as necessary, the following:
s)
Cab doors, gates and removable cab panels
Cover plates for signal fixtures and operating stations
Cab mirrors and handrails
Hoistway panels, door hinges, frames, gates and sills, all
piping and connections including that portion which is
exposed in the machine room and hoistway
Power switches, fuses, and feeders to controllers
Other equipment
On a monthly basis, examine and test, adjust, and when conditions
warrant, repair or replace all elevator safety devices and
governors.
t) The following items are not included under the provisions for
preventive maintenance:
u)
i) General cleaning of cab interiors
ii) Cab walls and cab flooring
iii) Air conditioners or heaters
iv) Emergency power generators
v) Intercoms or music systems (unless integral to the
original car design)
vi) Light fixtures and lamps
vii) Smoke detectors
viii) Malfunctions arising from misuse or vandalism
ix) Acts of God
x) Causes beyond Contractor's direct or reasonable control
xi) Alterations to modernize, update, upgrade or enhance;
however, the contractor shall be capable of completing
such work at an extra charge.
Provide five (5) year certification testing of each elevator in
accordance with regulatory agency requirements.
i) Perform full load, full speed test of the safety
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mechanism, overspeed governors, car and counterweight
buffers.
ii) Check car balance electrically and set governor.
iii) Recalibrate and seal governor for proper tripping speed,
if required.
iv) Conduct pressure relief valve tests:
v) Perform tests as required by A.N.S.I. A-17.1 Code.
vi) Certify tests as required.
vii) Prepare a written report summarizing the results of all
tests and any corrective action required and/or performed.
viii) Submit a copy of the written report to the State of
California.
ix) Submit another copy of the written report to the Public
Works Services Director or designee with the regular
monthly invoice.
v) Performance evaluations: Contractor shall conduct evaluations of
equipment performance including car speed, door operations, riding
quality, car leveling, and system operation.
903-1.9 ROUTINE REPAIR AND REPLACEMENT
Contractor shall repair or replace, as directed by the Public Works
Services Director, all elevator components that no longer function as
originally intended. Routine repairs and replacements shall be paid for
under the fixed lump sum price portion of the contract which shall include
full compensation for furnishing all parts, labor, materials, tools,
equipment, transportation, and incidentals for doing all work involved in
providing repairs and replacements as described herein. No additional
compensation will be paid for routine repairs and replacements.
Elevator components identified as being deficient during a regular
maintenance service call shall be repaired or replaced during that service
call. If repair or replacement is not possible at that time the nature of
the deficiency along with an estimated time of completion will be reported
to the Public Works Services Director or designated representative at the
conclusion of the regular maintenance service call.
Contractor shall:
Respond the next working day between 7:30 a.m. and 4:30
p.m. for non -emergency repairs.
ii) Report to the Public Works Services Director or designee
prior to beginning any work.
iii) Proceed with the repair work only after written
authorization by the Public Works Services Director or
designee.
iv) When work is completed, contact the Public Works Services
Director or designee before leaving.
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v) Complete all work within regular working hours. No
overtime work shall be performed without the express
authorization of the Public Works Services Director or
designee.
903-1.10 EMERGENCY REPAIR
Emergency repairs shall be paid for under the fixed lump sum price portion
of the contract which shall include full compensation for furnishing all
parts, labor, materials, tools, equipment, transportation, and incidentals
for doing all work involved in providing emergency repairs as needed. An
Emergency for purposes of this contract is any condition causing a piece of
equipment covered under this contract to become inoperable or preventing
the safe operation thereof. No additional compensation will be paid for
emergency repairs.
Contractor shall:
i) Respond immediately and have staff on site within (30)
minutes or less for emergencies seven (7) days per week
and twenty-four (24) hours per day when there are
passengers trapped inside the elevator.
ii) Respond immediately and have staff on site within two (2)
hours for emergency repairs, seven (7) days per week and
twenty-four (24) hours per day when there are no
passengers trapped in the elevator.
iii) Report to the Public Works Services Director or designee
prior to beginning any work.
iv) Upon arrival at the job site, evaluate the specific
materials and labor required to complete the emergency
portion of the repairs.
v) Proceed with the emergency repair work.
vi) When work is completed, contact the Public Works Services
Director or designee before leaving.
NOTE: Failure to respond in accordance with these
requirements shall be sufficient reason to terminate this
Agreement.
903-1.11 FIRE RECALL TESTING
Fire recall testing shall be paid for under the fixed lump sum price
portion of the contract which shall include full compensation for
furnishing all parts, labor, materials, tools, equipment, transportation,
and incidentals for doing all work involved in providing fire recall
testing as described herein. No additional compensation will be paid for
fire recall testing.
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a) Each month Contractor shall perform a phase 1 and 2 fire recall
test for each elevator.
b) Contractor shall enter day and month when each fire recall test is
completed into the log book located in each of the elevator
machine rooms.
903-2 INFORMATION MANAGEMENT AND REPORTING
903-2.1 SCHEDULED MAINTENANCE PROGRAM
The Contractor shall submit a monthly work schedule by the 15th of the
preceding month. Said schedule shall indicate the hours of the day and the
day of the week services will be performed. The schedule shall list the
type of work to be performed, the areas to be worked, and the estimated
time to complete the work in each area. Once approved, all scheduled work
shall be performed in strict compliance with the work schedule to
facilitate the City's inspection of the work. Proposed changes to the
schedule shall be submitted in writing, in advance of performing the work.
The Contractor shall schedule and arrange work so as to cause the least
interference with the normal occurrence of City business. In those cases,
where some interference may be unavoidable, the Contractor shall be
responsible to make every effort to minimize the impact of the
interference, inconvenience, customer discomfort, etc.
903-2.2 MAINTENANCE REPORTING AND RECORDKEEPING
Contractor shall prepare and submit a written report (work order) for each
service, repair and equipment replacement to include date/time of service,
work performed and additional work required, labor hours and materials.
The contractor shall maintain at each facility a log book containing a
complete individual maintenance history for each piece of equipment within
the facility. The maintenance histories shall include a description of all
work performed on the equipment including, but not limited to, preventive
maintenance, repairs, replacement and the results of all tests,
measurements and visual inspections. In addition, the contractor's time and
materials costs for repairs and replacement shall be included in the
maintenance histories.
Contractor shall monitor the overall performance of all system equipment
and when deficiencies are noted during inspections that do not present a
safety hazard, said deficiencies are to be reported to the Public Works
Services Director or designated representative in writing with a schedule
for corrective action within five (5) business days.
All records shall be the property of the City of Rancho Cucamonga and the
Contractor shall not remove, duplicate or disseminate the information
contained in these records without the express written approval of the City
of Rancho Cucamonga.
903-2.3 SITE MANUALS AND REFERENCE MATERIAL
Any operating and maintenance instruction manuals or reference drawings
stored on-site are to be treated with the utmost care. Should this material
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be deteriorating, the condition is to be reported to the Contract Manager
in order to arrange copies of the information to be produced before the
originals become illegible.
903-3 CONTRACT PERFORMANCE MANAGEMENT
903-3.1 GENERAL
The Contractor must maintain and develop the designated service to meet
city's business needs. Performance measurement will provide major input
into ensuring facility availability is not limited through service failure,
the service meets expectations and the equipment perform effectively and
efficiently over time.
The Contractor must take a proactive management approach including the
implementation of appropriate technologies to enhance the service delivery
process and levels of service.
903-3.2 INSPECTION OF WORKS
The City will conduct random inspections of work undertaken by the
Contractor for the purpose of measuring the Contractor's performance, in
order to ensure that work undertaken consistently meets all requirements of
the Specification and all relevant conditions of the Contract.
903-3.3 FAULT RESPONSE TIMES
All elevator faults reported to the Contractor must be attended to, and the
Contractor is to be on Site within the following times of the fault being
reported to the Contractor:
a) Non -emergency repairs - Contractor shall respond within one hour and
have staff on site the next working day between 7:30 a.m. and 4:30
p.m. for non -emergency repairs.
b) Emergency response - Contractor shall respond immediately and have
staff on site within two (2) hours for emergency repairs, seven (7)
days per week and twenty-four (24) hours per day when there are no
passengers trapped in the elevator.
c) Emergency response when passengers are trapped in elevator -
Contractor shall respond immediately and have staff on site within
(30) minutes or less for emergencies seven (7) days per week and
twenty-four (24) hours per day when there are passengers trapped
inside the elevator.
The Contractor may need to initially attend the Site (in accordance with
the above response times) to ascertain the type and extent of the fault,
and that an appropriate response and/or remedial works be planned and
agreed in consultation with the Contract Manager outside of the above
response times.
The Contractor must be available to provide the necessary callout services
24 hours a day, 7 days per week.
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903-3.4 UNSATISFACTORY WORK
Should unsatisfactory work be discovered by the Public Works Services
Director or designated representative, the Contractor will be notified in
writing (e-mail or fax is acceptable) and required to redo all work that
has been identified as being unsatisfactory or not performed, at no
additional cost to the City. The Contractor will correct the
unsatisfactory work within 24 hours of notification and must therefore have
the capability to dispatch rework crews, which are not a part of the
regularly scheduled service crews.
903-3.5 PAYMENT DEDUCTIONS
Should unsatisfactory work not be corrected, the City will make deductions
in payment to the Contractor. All work documented as not in compliance with
these specifications is subject to payment deductions plus an additional
10% as liquidated damages for administrative costs. The payment deduction
will be determined by the Public Works Services Director or designated
representative and will be based on what percentage of work for each task
is unsatisfactory. The 10% liquidated damages will apply only to those
items deemed unsatisfactory and not the entire contract.
The formula used to calculate the deduction is as follows:
• Monthly Rate X Percentage of Unsatisfactory Work = Performance Deduction
• Performance Deduction X 10% = Liquidated Damages
• Performance Deduction + Liquidated Damages = Total Deduction
For example, during the periodic inspection, the Public Works Services
Director or designated representative determines that 15% of the area at
one facility is deficient and the monthly rate for the location is $10,000.
If the work is not redone to the City's satisfaction, the deduction in
payment would be calculated as follows:
• $10,000 X 15% = $1,500 (Performance Deduction)
• $1,500 X 10% = $150 (Liquidated Damages)
• $1,500 + $150 = $1,650 (Total Deduction)
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Schedule 1
Site List and Equipment Register
The following facilities are to receive elevator maintenance services as specified in this contract:
Location
V.Gardens
Parking east
east 2E
Make Serial # Car # Year
Electrical
control
Pump Permit No. of
H/P Power No. Powervator Floors Load
Otis 4030432 442881
2004 pyro comm
50 480 138651 Aut-o-safe 3 3500
V. Gardens
East West Otis 404032 442882
1E
2004 pyro comm
50 480 138659 Aut-o-safe
3 3500
V.Gardens
Parking west Otis 26960426 442880
2W
2004 pyro comm
50 480 138658 Aut-o-safe 3 3500
V. Gardens
West
West 1W
Otis 2700423 442879
2004 pyro comm
50 480 138650 Aut-o-safe
3 3500
Cultural Art
West service Mitsubishi D2897-13
1 2006 U.S Electrical
60 480 132049 N/A
3 5000
Cultural Art
West Public Mitsubishi D0509-12
2 2006 U.S Electrical 30 480 132048 N/A
2 2500
P.D. East
Kone 20211621 95934
1988 Kone KCM831 40 480 9536 Reynolds 3 3000
P.D. West Kone 20211623 95935
1988 Kone KCM831 40 480 95934 Reynolds 3 3000
City Hall
Amtech 16938-3
95936 1988 Amtech
Reliable
30 480 95936 Reynolds 3 3000
Archibald
Library Amtech 3076685 103428
1993 Motion Control 25 208 103428 Reynolds
2 2500
Stadium Schindler 8413601
105717 1992 Schindler
40 480 105717 Reynolds 3 3500
Cultural Art Roped Hydro Porch
Lift
Cultural Art
Screw
Drive Porch
Lift
Central Park Vertical
Lift Genesis
Opal
Facility
Victoria Gardens Parking Structures
Victoria Gardens Cultural Center
Public Safety
City Hall
Archibald Library
Stadium
Central Park
Elevator ltauaenance Services for SP -19
Various City Facilities
Address
12505 Cultural Center Drive
12505 Cultural Center Drive
10510 Civic Center Drive
10500 Civic Center Drive
7368 Archibald Avenue
8408 Rochester Avenue
11200 Base Line Road
Mayor L. Dennis Michael 1 Mayor Pro Tem Sam Spag ol67
Council Members William J. Alexander, Lynne Kennedy, Diane Williams
City Manager John R. Gillison
2/23/16
10500 Civic Center Drive ; P.C. Box 807 1 Rancho Cucamonga, CA 91729-0807 1 909.477.2700 1 www.CityofRC.us
ADDENDUM NO. 1
CITYWIDE ELEVATOR MAINTENANCE AND REPAIR SERVICES
To: All Plan Holders
Pursuant to the Specification. Instruction to Bidders, Section G, Addendurns, holders of bid proposals, contracts and
specifications and project plans of the above project are hereby directed to make the following corrections, additions,
and/or deletions to any and all copies of plans and specifications in their possession:
I. The bidder's attention is directed to the Special Provisions, Part 9, Section 903-1.8:
Delete Subsection d) Hoistway Equipment and then replace with the following Subsection d)(R):
d)(R) Hoistway Equipment.
Everything in the hoistway and pit is the responsibility of the elevator service contractor including, but not
limited to, car guide shoes, roller guides. tracks, door gibs, door closures, door motor limits and resistors, door
motors, door linkage, interlocks, governor ropes, hoisting wires ropes. conductor trail cables, hangers, hoist -way
switches, cams, terminal limits, inductors, belts, pulleys, removal of water from the pit, maintenance of the sump
pump, pit Light, switches, and outlets.
Pursuant to the Instruction to Bidders, Section G. Addendums, a signed copy of this addendum acknowledging receipt
shall be returned to the City prior to bid opening or attached to bid documents.
Acknowledgement of receipt
Paul1'isller/IV1 naoeme4anal t
3/10/16
Mayor L. Dennis Michael 1 Mayor Pro Tem Sam Spageo168
Council Members William J. Alexander, Lynne Kennedy, Diane Williams
City Manager John R. Gillison
CITY OF RANCHO CUCAMONGA
10500 Civic Center Drive 1 P.O. Box 807 Rancho Cucamonga, CA 91729-0807 1 909.477.2700 1 vvww.CiyofRC.us
ADDENDUM NO. 2
CITYWIDE ELEVATOR MAINTENANCE AND REPAIR SERVICES
To: All Plan Holders
Pursuant to die Specification, Instruction to Bidders, Section G, Addendums, holders of hid proposals, contracts and
specifications and project plans of the above project are hereby directed to make the following corrections, additions,
and/or deletions to any and all copies of plans and specifications in their possession:
1. The bidder's attention is directed to the Special Provisions, Part 9, Section 903-1.8:
Delete Section 903-1.4 Excluded Equipment and then replace with the following Section 903-1.4(R):
Section 903-1.4(R) EXCLUDED EQUIPMENT
Repair and replacement of underground infrastructure such as buried pipe and cylinders is excluded from the all-
inclusive fixed lump sung price portion of the contract.
Pursuant to the Instruction to Bidders. Section G, Addendums, a signed copy of this addendum acknowledging receipt
shall be returned to the City prior to bid opening or attached to bid documents.
Acknowledgement of receipt
Paul Fish l Management nalyst I
f
Mayor L. Dennis Michael 1 Mayor Pro Tem Sam SpagM1oib 69
Council Members William J. Alexander, Lynne Kennedy, Diane Williams
City Manager John R. Gillison
CITY OF RANCHO CUCAMONGA
10500 Civic Center Drive 1 P.O. Box 807 1 Rancho Cucamonga, CA 91 72 9-0 807 1 909.477.2700 1 www.CityofRC.us
Citywide Elevator Maintenance and Repair Services
Plan Holder Questions and City Responses
1) What is the city currently paying on the existing contract?
a) The annual cost for regular maintenance is approximately $25,000.
2) What is the term of the contract for this bid (i.e. 1 year with 4 option years, etc)?
a) The initial term is from date of award through June 30, 2017. The Contract may be extended for one year
periods beginning July 1, 2017 up to a maximum of five additional years. See Contract Section 3, Terms of
Contract, on page C-1 of the Special Provisions for details.
3) If the term is longer than one year, will you accept an annually renewable bond?
a) The payment and performance bonds shall cover the initial term ending June 30, 2017. If the contract is
renewed for additional one year periods a new bond or continuation certificate will be required for each
additional period.
4) Are the options to renew for additional one year periods contingent upon the mutual consent of both parties?
a) Yes.
NEW:
5) Is overtime billable per the bid contract?
a) Overtime is not directly billable. All maintenance and repair services described in the Special Provisions
including, but not limited to, Preventive Maintenance, Routine Repair and Replacement, and Emergency Repair
shall be paid under the fixed lump sum price portion of the contract which shall include full compensation for
furnishing all parts, labor, materials, tools, equipment, transportation, and incidentals for doing all work
involved in providing said services as described in the special provisions. Maintenance and repair services
specifically excluded from the scope of work will be paid on a time and materials basis at proposed labor rates.
6) Are underground buried pipes and cylinders excluded from the contract?
a) Yes, underground infrastructure such as buried pipes and cylinders are excluded from the all-inclusive lump sum
price portion of the contract. However, the contractor must be capable of repairing and/or replacing said
infrastructure on a time and materials basis at proposed rates. See Addendum 2 which adds underground
infrastructure to the excluded Equipment list.
AMENDMENT NO. 001
to
Professional Services Agreement (CO #16-112)
between
Amtech .Elevator Services (hereinafter "Contractor")
and
City of Rancho Cucamonga (hereinafter the "City")
This Amendment No. 001 will serve to amend the Professional Services Agreement (hereinafter
"Agreement"), CO# 16-1 12, to incorporate the following:
Modify Section 1, General Scope of Work, to include the modernization of the Rancho
Cucamonga City Hall elevator, machine number 95934. Work shall include, but is not limited to,
furnishing all labor and materials to remove the existing Relay Logic Controller and install a new
microprocessor controller, pushbutton fixtures, and door package. The work is more fully
described in Contractor's proposal dated March 6, 2017 and attached hereto as Exhibit A.
Modify Section 11, Contract Price and Payment, to increase the "not to exceed" amount $95,000
to a total of $122,500 for the period July 1, 2016 thru June 30, 2017.
All other Tenns and Conditions of the original Agreement CO#16-1 12, 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 no later than April 12, 2017.
The City will process both copies for signature and provide Contractor with one (1) fully executed copy
of the Amendment.
Amtech Elevator
Date
By:
Title
r f! 4
Name Date
Title
By:
Name
/2010(0
Title 1 f Pg
Title
(two signatures required if corporation)
Last Revised: 09/28/2012
Date
Page / of 1
ATTACHMENT 2
P170
Exhibit A
AMTECH See
v
DATE: March 6, 2017
TO:
City of Rancho Cucamonga
Public Works Services Department
10500 Civic Center Drive
Rancho Cucamonga, CA 91729
Phone: 909-763-4206
PROJECT LOCATION:
Rancho Cucamonga City Hall
10500 Civic Center Drive
Rancho Cucamonga , CA 91729
FROM: Valerie Huerta
Amtech Elevator Services
1550 South Sunkist Street
Suite A
Anaheim, CA 92806
Phone: 714/939-6516
Fax: 714/939-6524
MACHINE NUMBER(S): 95934 PROPOSAL NUMBER: 1
We will provide labor and material to famish and install on the above referenced machine(s) the following:
BUDGET PROPOSAL
COMPLETE MODERNIZATION
Amtech Elevator Services proposed to furnish the necessary labor and material to remove the existing Relay
Logic Controller and install a new microprocessor controller, pushbutton fixtures, and door package.
Controller and Pushbutton Fixtures
1. Install new micro -processor hydraulic controller.
2. A new solid-state starter will be included with the new controller.
3. The new controller will have the code required fire recall capabilities that will bring the elevator down
to the main landing during a fire emergency and allow the passengers to exit.
4. Install new hoistway leveling system
5. Install new hoistway mechanical switches.
6. Install new machine room, hoistway, and car wiring as needed.
7. Install (2) new applied A.D.A compliant applied car operating panels made of #4 brushed stainless
steel.
a. Vandal resistant pushbuttons marked to correspond to the floors, with adjacent Braille tags.
b. Emergency stop switch and alarm bell.
c. Door open and door close pushbuttons.
d. Phase II Fire Recall pushbuttons, key switches, and jewel.
e. An emergency light unit, certificate frame, digital position indictor, and telephone will be
integrated into the panel. An active phone line must be installed in the elevator machine room,
if not already in place.
f. Engraving will also be incorporated into the panel; No smoking, elevator's capacity, Phase II
fire recall instructions and state number.
g. A screw less locked cabinet will be incorporated into the pushbutton panel and will house all
the appropriate key switches for the elevator.
h. New panel will meet the new ANSI A17.1 — 2004 Code.
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8. Install new A.D.A compliant hall pushbutton panels on each landing made of #4 brushed stainless
steel. Each panel will have illuminated vandal resistant pushbuttons and appropriate key switches
per code. The hall panels will also have engraved emergency instructions. The main egress landing
at Floor #1 will also have Phase I fire recall and jewel per the new ANSI A17.1 — 2004 Code.
9. Install (2) new car directional lanterns in the car jamb made of #4 brushed stainless steel.
10. Install new jamb Braille tags, which will be 4 inch square black with brushed metal 2 inch characters.
(Two at each landing.)
11. Integrate smoke detector wires into the new controller's fire recall system.
12. Install a new car top inspection station.
Door Equipment
13. Remove existing door operator and related equipment.
14. Install one (1) new Closed Loop door operator.
15. Install one (1) new car door clutch and restrictor.
16. Install one (1) new infrared door detector device on the elevator.
Elevator Interior
17. Install plate over the existing fixture on transom.
18. All other elevator interior items will remain unchanged.
Misc.
19. Provide necessary permits and inspections.
SCOPE OF WORK SUMMARY:
1. INSTALL NEW ELEVATOR CONTROLLER ON ACCELERATED SCHEDULE
2. INSTALL NEW CAR AND HALL PUSH BUTTON FIXTURES TO ACCOMMODATE CODE REQUIRED HEIGHT
AND FUNCTION WITH NEW VANDAL RESISTENT PUSHBUTTONS
3. INSTALL NEW DOOR EQUIPMENT PACKAGE — CAR SIDE ONLY.
4. INTEGRATE SMOKE DETECTOR WIRES PROVIDED BY "OTHERS" INTO NEW ELEVATOR CONTROLLER.
5. INTEGRATE ALL NEW OR EXISTING SMOKE DETECTORS INTO EXISTING BUILDING FIRE PANEL.
(NOTE: IF BUILDING DOES NOT CURRENTLY HAVE A FIRE PANEL, A STAND ALONE PANEL WITH LOBBY
ANNUNCIATOR WILL BE REQUIRED)
6. INTEGRATE ACTIVE PHONE LINE PROVIDED BY "OTHERS" INTO ELEVATOR TELEPHONE WHERE
APPLICABLE.
® Amtech Elevator Services
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WORK TO BE DONE BY OTHERS:
1. AIR CONDITIONING IN ELEVATOR MACHINE ROOM. RECOMMEND 85 DEGREE ROOM TEMPERATURE IN
MACHINE ROOM.
2. INSTALL ONE (1) SMOKE DETECTOR AT EACH ELEVATOR LOBBY ENTRANCE, AND ONE (1) IN THE
ELEVATOR MACHINE ROOM.
3. INSTALL SMOKE DETECTOR AT THE TOP OF EVERY HOISTWAY THAT HAS FIRE SUPPRESSION
SPRINKLERS. HOISTWAY SMOKE DETECTOR AND RELATED ACCESS DOOR WILL NOT BE REQUIRED IF
THERE ARE NO FIRE SUPPRESSION SPRINKLERS AT THE TOP OF THE HOISTWAY.
4. INSTALL LOCKABLE -FIRE RESISTANT HOISTWAY ACCESS DOOR AT TOP OF HOISTWAY'S THAT HAVE
FIRE SUPPRESSION SPRINKLER/SMOKE DETECTOR PROTECTION. THIS ACCESS DOOR FACILITATES
INSPECTION OF NEWLY INSTALLED SMOKE DETECTOR PER STATE CODE. INSTALLATION OF ACCESS
DOOR IS NOT REQUIRED WHEN THERE IS NO SMOKE DETECTOR/FIRE SUPPRESSION SPRINKLER AT
THE TOP OF THE ELEVATOR HOISTWAY.
5. PROVIDE WIRES FROM ALL RELEVENT SMOKE DETECTOR "DRY CONTACTS" TO ELEVATOR
CONTROLLER ENCLOSURE IN ELEVATOR MACHINE ROOM FOR MAIN FLOOR AND ALTERNATE FLOOR
PHASE 1 RECALL. NO NON -ELEVATOR EQUIPMENT IS ALLOWED IN THE MACHINE ROOM
6. INTEGRATE ALL NEW OR EXISTING SMOKE DETECTORS INTO EXISTING BUILDING FIRE PANEL. (NOTE:
IF THE BUILDING DOES NOT HAVE AN EXISTING FIRE PANEL, A STAND ALONE FIRE PANEL WITH
LOBBY ANUNCIATOR WILL BE REQUIRED)
7. PROVIDE ONE (1) ACTIVE PHONE LINE (PER ELEVATOR) INTO ELEVATOR MACHINE ROOM
CONTROLLER ENCLOSURE.
8. CUTTING, PATCHING AND FINISH WORK WHERE FIXTURES ARE INSTALLED.
9. INSTALL ONE (1) CODE COMPLIANT ELEVATOR MACHINE ROOM 3 PHASE DISCONNECT SWITCH WITH
AUXILLARY CONTACTS PER ELEVATOR AS NECESSARY FOR CODE COMPLIANCE
CUSTOMER NOTES:
10. THE BID PROPOSAL IS BASED ON UTILIZING THE EXISTING CONDUIT FROM THE ELEVATOR MACHINE
ROOM TO THE ELEVATOR HOISTWAY. IF THIS EXISTING CONDUIT REQUIRES MODIFICATION,
REPLACEMENT OR I5 INADEQUATE TO UTILIZE FOR ANY REASON, IT SHALL BE A BILLABLE EXTRA TO
THIS PROPOSAL.
11. INSTALLATION OF THE TELEPHONE SYSTEM AND/OR AUTOMATIC DIALER WILL NOT BE PERFORMED
UNTIL THE TELEPHONE LINES HAVE BEEN INSTALLED INTO THE ELEVATOR MACHINE ROOM. SHOULD
RETURN TRIPS BE REQUIRED BECAUSE OF THE LACK OF A TELEPHONE LINE, YOU WILL BE BILLED AT
OUR NORMAL HOURLY BILLING RATES
12. ONCE THIS WORK HAS STARTED AND THE ELEVATOR IS REMOVED FROM SERVICE, THE ELEVATOR
CANNOT BE OPERATED FOR ANY REASON UNTIL THE STATE INSPECTOR HAS COMPLETED A FINAL
INSPECTION AND CERTIFIED THE ELEVATOR READY FOR USE. THE FINAL INSPECTION CANNOT BE
PEFORMED UNTIL THE FIRE LIFE SAFETY SYSTEM IS COMPLETE. THE CUSTOMER HAS THE
RESPOSBILITY OF INSTALLING THE SMOKE DETECTORS, AS DEFINED ABOVE. AMTECH ELEVATOR
SERVICES WILL NOT BE HELD LIABLE FOR THESE DELAYS
13. PLEASE NOTE THAT AT THE TIME OF PREPARATION, THIS PROPOSAL WAS BASED ON THE MOST
CURRENT INFORMATION AVAILABLE ON THE AMERICANS DISABILITY ACT (A.D.A.), AS IT APPLIES TO
ELEVATORS. BECAUSE OF THE INTERPRETATIONS AND/OR CLARIFICATIONS STILL BEING MADE, WE
CANNOT GUARANTEE OR WARRANTY THE ACCURACY OF THIS A.D.A. COMPLIANCE INFORMATION.
AMTECH ELEVATOR SERVICES ASSUMES NO LIABILITY NOR IMPLIES THAT FULL A.D.A. COMPLIANCE
WILL RESULT FROM THE WORK DESCRIBED IN THIS PROPOSAL.
14. THIS PRICE IS INCLUDES ALL MATERIAL, LABOR, SALES TAX, SHIPPING AND STATE INSPECTION FEES,
THE PRICE WAS BASED UPON ALL WORK BEING PERFORMED DURING NORMAL WORKING HOURS OF
THE NORMAL WORKING WEEK AND REMAINS FIRM FOR NINETY (90) DAYS.
15. ADDITIONAL INSPECTIONS REQUIRED TO PASS THE ELEVATOR INSPECTION NOT DUE TO AMTECH
ELEVATOR' S WORK NOT COMPLETED OR AMTECH ELEVATOR'S WORK BEING DEFICIENT IS AN EXTRA
TO THE CONTRACT AND BILLABLE AT NORMAL BILLING RATES FOR TIME AND MATERIAL. (TEAM
RATE OF $485.00 PER HOUR)
® Amtech Elevator Services
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16. THIS PROPOSAL DOES NOT INCLUDE ASSISTANCE FOR FIRE LIFE SAFETY PERSONNEL TO INSTALL
SMOKE DETECTORS, ACCESS THE HOISTWAY OR PROVIDE TESTING FOR FIRE LIFE SAFETY SYSTEM AS
IT RELATES TO ELEVATOR RECALL. ASSISTANCE AND TESTING TO BE BILLED AT NORMAL TIME AND
MATERIAL BILLING RATES
17. THE FIRE LIFE SAFETY COMPANY WILL BE REQUIRED TO ATTEND THE ELEVATOR INSPECTION(S) IN
ORDER TO FACILITATE COMPLIANCE WITH THE ELEVATOR INSPECTION.
18. ELECTRICIAN WILL BE REQUIRED TO ATTEND THE FINAL ELEVATOR INSPECTION TO VERIFY THE 3
PHASE DISCONNECT OPERATION.
Final Inspection Fees
One elevator inspection by the State of California will be included in this proposal, unless additional
inspections are needed due to Amtech Elevator's work or work deficiencies, additional inspections required to
pass the elevator inspection not due to Amtech Elevator's work not completed or Amtech Elevator's work
being deficient is an extra to the contract and billable at normal billing rates for time and material. (Team
Rate of $389.00 per hour)
PLEASE NOTE: THIS PROPOSAL IS BASED UPON THE NEW ANSI A17.1 — 2004 ELEVATOR CODE
ADOPTED BY THE STATE OF CALIFORNIA ON MAY 1, 2008. IF THERE ARE ADDITIONAL
REQUIREMENTS/INTERPRETATIONS REQUIRED BY THE STATE OF CALIFORNIA OR THEIR
INSPECTORS BASED UPON THE NEW 2004 CODE, IT WILL BEAN EXTRA AND ADDITIONAL TO
THE PROPOSAL COST.
THE STATE OF CALIFORNIA MAY OR MAY NOT REQUIRE A NEW ELEVATOR CAR TOP HANDRAIL
ASSEMBLY BE INSTALLED. IF THEY DO REQUIRE THE NEW ELEVATOR CAR TOP HANDRAIL
ASSEMBLY, IT WILL BE CONSIDERED AN EXTRA AND AN ADDITIONAL f OST THE PROPOSAL
PRICE.
Note: ACCELERATED WORK SCHEDULE : BASE PRICE $$2,350.00
Base price is calculated on an accelerated work schedule. Accelerated schedule is as follows:
Two man installation crew working six- ten hour work days...Monday Through Saturday -
Sundays will be dark. Work to commence on a Monday and continue for seventeen (17)
calendar days with final inspection to be scheduled for a Wednesday.
SCHEDULE OF VALUES:
Down payment
(Job set-up, engineering, field verification survey, materials ordering)
Receipt of materials, mobilization
Job completion
Retention
Before Elevator Turnover, 90% of elevator cost must be paid.
20% ($16,470.00)
50% ($41,175.00)
20% ($16,470.00)
10% ($8,235.00)
C Amtech Elevator Services
All Rights Reserved Impact Form 421 (03/02) Proposal# 1
Page 4 of 6
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PRICE: $82,350.00
Eighty Two Thousand Three Hundred and Fifty Dollars
This price is based on a twenty-five percent 20% t downpayment in the amount of $ 16,470.
This proposal, including the provisions printed on the last page(s), and the specifications and other provisions attached
hereto shall, when accepted by you below and approved by our authorized representative, constitute the entire contract
between us, and all prior representations or agreements not incorporated herein :re,.upersed
Submitted by:
Accepted in Duplicate
I "ie Huerta
CUSTOMER Amtech Elevator Services
Approved by Authorized Representative Approved by Authorized Representative
Date: Dat 4e ---/ ( it - i%
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1
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I Buttrey
Signed: X
Print Name:
Title:
Name of Company:
Print e: Danie
Title: Branch Manager
❑ Principal, Owner or
Authorized Representative of Principal or Owner
❑ Agent
(Name of Principal or Owner)
® Amtech Elevator Services All Rights Reserved Impact Form 421 (03/02) Proposal# 1 Page 5 of 6
P175
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TERMS AND CONDITIONS
I. This quotation is subject to change or withdrawal by us prior to acceptance by you.
2. The work shall be perfonned for the agreed price plus any applicable sales, excise or similar taxes as required by law. In addition to the agreed price, you shall pay to us
any future applicable tax imposed on us, our suppliers or you in connection with the performance of the work described.
3. Payments shall be made as follows: A down y o n payment of fifty percent (50%) of the price shall be paid by you upon your signing of this document. Full payment shall be
made on completion if the work is completed within a thirty day period. Ude work is not completed within a thirty day period, monthly progress payments shall be made
based on the value of any equipment ready or delivered, if any, and labor performed through the end of the month less a five percent (5%) retainage and the aggregate of
previous payments. The retainage shall be paid when the work is completed. We reserve the right to discontinue our work at any time until payments shall have been made
as agreed and we have assurance satisfactory to us that subsequent payments will be made when due. Payments not received within thirty (30) days of the date of invoice
shall be subject to interest accrued at the rate of eighteen percent (18%) per annum or at the maximum rate allowed by applicable law, whichever is less. We shall also be
entitled to reimbursement from you of the expenses, including attorney's fees, incurred in collecting any overdue payments
4. Our performance is conditioned upon your securing any required govermnental approvals for the installation of any equipment provided hereunder and your providing
our workmen with a safe place in which to work. Additionally, you agree to notify us if you are aware or become aware prior to the completion of the work of the existence
of asbestos or other hazardous material in any elevator hoistway, machine room, hallway or other place in the building where Amtech personnel are or may be required to
perfonn their work. In the event it should become necessary to abate, encapsulate or remove asbestos or other hazardous materials from the building, you agree to be
responsible for such abatement, encapsulation or removal, and in such event Amtech shall be entitled to delay its work until it is determined to our satisfaction that no hazard
exists and compensation for delays encountered if such delay is more than sixty (60) days. In any event, we reserve the right to discontinue our work in the building
whenever in our opinion this provision is being violated.
5. Unless otherwise agreed in writing, it is understood that the work shall be performed during our regular working hours of our regular working days. If overtime work is
mutually agreed upon and performed, an additional charge therefor, at our usual rates for such work, shall be added to the contract price. The performance of our work
hereunder is conditioned on your performing the preparatory work and supplying the necessary data specified on the front oft his proposal or in the attached specification, if
any. Should we be required to make an unscheduled return to your site to begin or complete the work due to your request, acts or omissions, then such return visits shall be
subject to additional charges at our then current labor rates.
6. Title to any material to be furnished hereunder shall pass to you when final payment for such material is received. In addition, we shall retain a security interest in all
material furnished hereunder and not paid for in full. You agree that a copy of this Agreetnent may be used as a financing statemnent for the purpose of placing upon public
record our interest in any material furnished hereunder, and you agree to execute a UCC- 1 fonn or any other document reasonably requested by us for that purpose.
7. Except insofar as your equipment may be covered by an Amtech maintenance or service contract, it is agreed that we will make no examination of your equipment other
than that necessary to do the work described in this contract and assume no responsibility for any part of your equipment except that upon which work has been done under
this contract.
8. Neither you nor we shall be liable to the otter party hereto for any loss, damage or delay due to any cause beyond your or our reasonable control, including, but not
limited to, acts of government, strikes, lockouts, fire, explosion, theft, floods, riot, civil commotion, war, malicious mischief, or act of God; provided, however, that, should
loss of or damage to our material or work occur at the site. you shall compensate us therefor unless such loss or damage results from our acts or omissions.
9. We warrant that all services furnished will be performed in a workmanlike manner. We also warrant that any equipment provided hereunder shall be free from defects in
workmanship and material. Our sole responsibility under this warranty shall be at our option to correct any defective services and to either repair or replace any component
of the equipment found to be defective in workmanship or material provided that written notice of such defects shall have been given to us by you within ninety (90) days
after completion of the work or such longer period as may be indicated on the front of this form. All defective parts that are removed and replaced by us stall become our
property. We do not agree under this warranty to bear the cost of repairs or replacements due to vandalism, abuse, misuse, neglect. normal wear and tear, modifications not
performed by us. improper or insufficient maintenance by others, or any causes beyond our control.
We shall conduct, at our own expense, the entire defense of any claim, suit or action alleging that, without further combination, the use by you of any equipment provided
hereunder directly infringes any patent, but only on the conditions that (a) we receive prompt written notice of such claim, suit or action and full opponunity and authority to
assume the sole defense thereof, including settlement and appeals, and all infonnation available to you for such defense; (b) said equipment is 'node according to a
specification or design furnished by us; and (c) the claim, suit or action is brought against you. Provided all of the foregoing conditions have been met, we shall, at our own
expense, either settle said claim, suit or action or shall pay all damages excluding consequential damages and costs awarded by the court therein and, if the use or resale of
such equipment is finally enjoined, we shall, at our option, (i) procure for you the right to use the equipment, (ii) replace the equipment with equivalent noninfringing
equipment, (iii) modify the equipment so it becomes noninfringing but equivalent, or (iv) remove the equipment and refund the purchase price (if any) less a reasonable
allowance for use, damage and obsolescence.
THE EXPRESS WARRANTIES SET FORTH IN THIS ARTICLE 9 ARE THE EXCLUSIVE WARRANTIES GIVEN; WE MAKE NO OTHER WARRANTIES
EXPRESS OR IMPLIED, AND SPECIFICALLY MAKE NO WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE; AND
THE EXPRESS WARRANTIES SET FORTH IN THIS ARTICLE ARE IN LIEU OF ANY SUCH WARRANTIES AND ANY OTHER OBLIGATION OR LIABILITY
ON OUR PART.
I0. Under no circumstances shall we be liable for any special, indirect or consequential damages of any kind including, but not 'united to, loss of profit, loss of good will,
loss of business opportunity, additional financing cost, or loss of use of any equipment or property, whether in contract, in tort, in warranty or otherwise.
Your retnedies set forth herein are exclusive and our liability with respect to any contract, or anything done in connection therewith such as performance or breach thereof,
or from the manufacture, sale, delivery, installation, repair or use of any equipment furnished under this contract, whether in contract, in tort (including negligence), in
wananty or otherwise, shtall not exceed the price for the equipment or services rendered.
1 1. To the fullest extent permitted by law, you agree to hold us harmless, and defend us and indemnify us against any claim or suit for personal injury or property damage
arising out of this contract unless such damage or injury arises from our sole negligence.
12. It is agreed that after completion of our work, you shall be responsible for ensuring that the operation of any equipmnent being furnished hereunder Is periodically
inspected. The interval between such inspections shall not be longer than what may be required by the applicable governing safety code. Notwithstanding any other
provisions hereof, if any part delivered hereunder incorporates software, the transaction is not a sale of such software; rather, you are hereby granted merely a license to use
such software solely for operating the equipment for which such pan was ordered. By accepting delivery of such part, you agree not to copy or let others copy such software
for any purpose whatsoever, to keep such software in confidence as a trade secret, and not to transfer possession of such part to others except as a part of a transfer of
ownership of the equipment in which such part is installed, provided that you inform us in writing about such ownership transfer and the transferee agrees in writing to abide
by the above license tens.
13. This Agreement constitutes the entire understanding between the ponies regarding the subject matter hereof and may not be modified by any terns on your order form
or any other document, and supersedes any prior written or oral communication relating to the same subject. Any amendment or modifications to this Agreement shall not
be binding upon either party unless agreed to in writing by an authorized representative of each party.
® Amtech Elevator Services
All Rights Reserved impact Form 421 (03/02) Proposal# 1 Page 6 of 6
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AMENDMENT NO. 002
to
Professional Services Agreement (CO 416-112)
between
Amtech Elevator Services (hereinafter "Contracto")
and
City of Rancho Cucamonga (hereinafter the "City")
This Amendment No. 002 will serve to amend the Professional Services Agreement (hereinafter
"Agreement"), C'O# .16-112, to incorporate the following:
The above mentioned agreement has been in effect for one (1) year and has an option to renew in
one (1) year increments. Contractor and City would like to exercise the option to renew CC) 16-
112 for one (1) additional year.
The teen of the agreement is hereby extended an additional year to June 30, 2018 in an amount
that shall not exceed $27,500 for routine maintenance and extra work in FY 2017/2018.
Said extension will be in accordance with the Contractor's letter of intent dated May 10. 2017
and attached hereto as Exhibit A. This will be the second year of the agreement.
All other 'Penns and Conditions of the original Agreement (20/116-112, 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 no later than June 28, 2017.
The City will process both. copies for signature and provide Contractor with one (1) fully executed copy
ot' the Amendment.
An Elevatc.rr S ! e
B
Title f�
Date
City or Rancho C, catnonga
Name
f 1GG L. i'Jc 44-5
Title
71/z,//
Da e
By: c-,\ q23//7 B :
Name te Name Date.
RG,i'i
Title 'rifle
(two signatures required if corporation)
Gast Revised.• 09/28%2012
Page 1 of 1
P177
" EfeYa�or
Services
May 10, 2017
City of Rancho Cucamonga
8794 Lion St
Rancho Cucamonga, CA 91730
Attention: Paul Fisher
Reference: Citywide Elevator Maintenance and Repair Services
Thank you for allowing us the opportunity to do business with the City Of Rancho Cucamonga. This
addendum, when accepted by you, will become binding as a modification to the existing contract. All other
terms and conditions and obligations in the contract referred to are to remain in full force and effect. The
agreement will go into effect starting July 1, 2017- June 30, 2018. The following contract numbers are
included in this agreement.
Dvb05445
Dvb65043
Dvb05444
Dvb09057k
Dvb05236
Dvb65044
If you have any questions and/or concerns, please do not hesitate to contact me.
Thank you for your time and consideration.
Regards,
AMTECH ELEVATOR SERV/CES
Valerie Huerta
Account Manager
P178
SIGNATURE
PRINT NAME
DATE / /
P179
CITY OF RANCHO CUCAMONGA
DATE:
TO:
FROM:
INITIATED BY:
SUBJECT:
STAFF REPORT
October 18, 2017
Mayor and Members of the City Council
John R. Gillison, City Manager
William Wittkopf, Public Works Services Director 1"
Ernest Ruiz, Streets, Storm Drains and Fleet Superintendent
Dean Rodia, Parks and Landscape Superintendent
CONSIDERATION TO ACCEPT THE "CITYWIDE CONCRETE REPAIR — FY
2016/2017 PROJECT" AS COMPLETE AND APPROVE THE FINAL
CONTRACT AMOUNT OF $654,406
RECOMMENDATION:
Staff recommends the City Council:
1. Accept the "Citywide Concrete Repair — FY 2016/2017 Project," Contract No. 16-253, as
complete, release the Faithful Performance Bond, accept the Maintenance Bond,
authorize the Public Works Services Director to file a Notice of Completion;
2. Authorize the release of the Labor and Material Bond in the amount of $639,870 six
months after the recordation of the Notice of Completion if no claims have been received;
and,
3. Authorize the release of the retention in the amount of $32,726, thirty-five (35) days after
acceptance, and approve the final contract amount of $654,406.
BACKGROUND:
The project's scope of work included the repair of concrete sidewalks, curbs and gutters, drive
approaches, and other miscellaneous concrete with potential hazards such as lifts or gaps in the
public right-of-way and City maintained landscapes, including City parks and paseos. The
"Citywide Concrete Repair — FY 2016/2017 Project" included concrete repairs generally located
in the following areas:
• Milliken Avenue from Foothill Boulevard to Banyan Street
• Caryn Community
• Cucamonga Middle School Area
• Hermosa Elementary School Area
• Terra Vista Area
• Coyote Canyon, Milliken, Mountain View, West Greenway, and Windrows Parks
• Spruce Park Skatepark
• Various Paseos in LMDs 2 and 4R
Page 1 of 2
CITY COUNCIL STAFF REPORT
CITYWIDE CONCRETE REPAIR— FY 2016/2017 PROJECT NOTICE OF COMPLETION
OCTOBER 18, 2017
ANALYSIS:
This project has been completed in accordance with the project documents and to the satisfaction
of the Public Works Services Director. Pertinent information on the project is as follows:
• Budgeted Amount: $895,000
• City Council Approval to Advertise: September 21, 2016
• Publish Dates for local paper: September 27, 2016 and October 4, 2016
• Bid Opening: October 18, 2016
• Contract Award Date: November 16, 2016
• Low Bidder: DM Contracting, Inc. of Colton, CA
• Contract Amount: $639,870
• 10% Contingency: $63,987
• Final Contract Amount: $654,406
• Difference in Contract Amount: $14,536 (2.27%)
The net increase in the total cost of the project was the result of minor increases and decreases
in the quantity of work at various project locations.
FISCAL IMPACT:
Adequate funds were included in the FY 2016-2017 budget for this project from the General Fund
(Fund 001), Measure 12010-2040 (Fund 177), LMD-2 Victoria (Fund 131), and LMD-4R Terra
Vista (Fund 134), in account numbers:
• 1001318-5300 (Street Maintenance)
• 1177303-5300 (Measure "I")
• 1131303-5300 (LMD-2)
• 1134303-5300 (LMD-4R)
• 1134303-5607 (LMD-4R)
COUNCIL GOAL(S) ADDRESSED:
None.
ATTACHMENTS:
Attachment 1 — Notice of Completion
Page 2 of 2
P180
P181
RECORDING REQUESTED BY:
CITY OF RANCHO CUCAMONGA
P. O. Box 807
Rancho Cucamonga, California 91729
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF RANCHO CUCAMONGA
P. O. Box 807
Rancho Cucamonga, California 91729
Exempt from recording fees pursuant to Govt. Cod. Sec. 27383
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is an owner of an interest or estate in the hereinafter described real
property, the nature of which interest or estate is:
All public rights-of-way within the boundaries of Contract No. 16-253
2. The full name and address of the undersigned owner is: CITY OF RANCHO
CUCAMONGA, 10500 CIVIC CENTER DRIVE, P. O. BOX 807, RANCHO CUCAMONGA, CALIFORNIA
91730.
3. On October 18, 2017, there was completed in the hereinafter described real property
the work of improvement set forth in the contract documents for:
Citywide Concrete Repair — FY 2016/2017
The removal and replacement of concrete sidewalks, curbs and gutters, drive approaches and other
miscellaneous concrete work at various locations in the public right of way and City maintained landscapes,
including City parks and paseos.
4. The name of the original contractor for the work of improvement as a whole was:
DM Contracting, Inc.
5. The real property referred to herein is situated in the City of Rancho Cucamonga.
County of San Bernardino, California, and is described as follows:
Various Locations in the city of Rancho Cucamonga. California
DATE
Executed in the City of Rancho Cucamonga,
California
CITY OF RANCHO CUCAMONGA, a
Municipal Corporation, Owner
I hereby certify under penalty of perjury that the
foregoing is true and correct.
William ittkopf
Public Works Services Director
P182
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: October 18, 2017
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��,}
Linda Ceballos, Environmental Programs Manager
SUBJECT: CONSIDERATION OF A MODIFICATION TO THE SAN BERNARDINO COUNTY
MUNICIPAL SEPARATE STORM SEWER SYSTEM - NATIONAL POLLUTION
DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT RENEWAL PARTICIPATION
AND JOINT DEFENSE AGREEMENT
RECOMMENDATION:
Staff recommends the City Council approve the attached Modification to the San Bernardino County
Municipal Separate Storm Sewer System (MS4) — National Pollution Discharge Elimination System
(NPDES) Permit Renewal Participation and Joint Defense Agreement Modification on behalf of the City of
Rancho Cucamonga and authorize the Mayor to sign the modification.
BACKGROUND:
The Municipal Separate Storm Sewer System Permit (MS4 Permit) is issued jointly to the County of
San Bernardino, the San Bernardino County Flood Control District (SBCFD) and the sixteen incorporated
cities in the Santa Ana River Watershed portion of San Bernardino County. The SBCFD is the Principal
Permitee and is responsible for administering the overall stormwater program in conjunction with the cities,
to lead the development of programs, to act as a liaison with water board staff, and to prepare required
consolidated reports.
San Bernardino County and the sixteen incorporated cities are "co -permittees" and are responsible to
implement individual program elements in their individual jurisdiction and to fiscally support the Countywide
program. The MS4 Permit is regulated under the Santa Ana Regional Water Quality Control Board District
8 (RWQCB). The current San Bernardino County MS4 Permit Order No. R8-2010-0036, NPDES Permit
No. CAS618036 (Permit) which expired on January 29, 2015, was administratively extended by the
RWQCB until a new permit is issued.
In anticipation of review and negotiations in response to the terms of the new proposed permit, SBCFCD
engaged the services of Chris M. Amantea, Esq. who, at the time, was a partner at the law firm Squire
Patton Boggs, to assist on legal and other issues related to the renewal of the MS4 NPDES Permit, as well
as other matters requiring representation of the MS4 Permittee Group in connection with negotiating the
terms of the next MS4 Permit.
On April 1, 2015, the City Council approved execution of the MS4 NPDES Stormwater Permit Renewal
Participation and Joint Defense Agreement, attached hereto as Attachment 1, to allow City staff to fully
participate and be privy to any and all attorney-client conversations.
Page 1 of 2
CITY COUNCIL STAFF REPORT — MODIFICATION JOINT DEFENSE AGREEMENT NPDES
October 18, 2017
P183
ANALYSIS:
Mr. Amantea has changed law firms and is now a partner at the law firm of Steptoe & Johnson, LLP which
necessitates the Modification to the Agreement, attached hereto as Attachment 2, to allow Mr. Amantea to
continue his representation of the MS4 Permit Group and to allow City staff to fully participate and be privy
to any and all attorney-client conversations.
The City Attorney has reviewed and recommended approval of the proposed Modification to the 2015
Agreement.
FISCAL IMPACT:
The costs incurred for the proposed agreement will be paid through the San Bernardino County Area -Wide
Program Budget. The City contributes its pro -rata share to this program annually.
COUNCIL GOAL(S) ADDRESSED:
None.
ATTACHMENTS:
Attachment 1 — 2015 Joint Defense Agreement
Attachment 2 — Modification to MS4 NPDES Permit Renewal Participation and Joint Defense Agreement
Page 2 of 2
MS4 NPDES STORMWATER PERMIT RENEWAL PARTICIPATION AND
JOINT DEFENSE AGREEMENT
This MS4 NPDES Stormwater Permit Renewal Participation and Joint Defense
Agreement ("Agreement") is made and entered into as of the date it is signed by all
parties to the Agreement ("Effective Date"), by and between the San Bernardino County
Flood Control District (Principal Permittee), the County of San Bernardino, and the City
of Big Bear Lake, the City of Chino, the City of Chino Hills, the City of Colton, the City
of Fontana, the City of Grand Terrace, the City of Highland, the City of Loma Linda, the
City of Montclair, the City Ontario, the City of Rancho Cucamonga, the City of
Redlands, the City of Rialto, the City of San Bernardino, the City of Upland, and the City
of Yucaipa, (collectively, the "Parties" or "MS4 Permittee Group") and Squire Patton
Boggs.
RECITALS
A. The Parties are permittees under that certain MS4 NPDES Permit and Waste
Discharge Requirements for Area -wide Urban Stormwater Runoff, adopted
January 29, 2010, NPDES No. 618036/Order No. R8-2010-0036, applicable to
the San Bernardino County Flood Control District ("SB FCD"), the County of
San Bernardino, and the incorporated cities of San Bernardino County within the
Santa Ana Region ("MS4 NPDES Permit");
B. The Parties have been identified as entities to be regulated under a municipal
stormwater permit expected to be adopted in 2015 (the "2015 MS4 Permit") by
the California Regional Water Quality Control Board, Santa Ana Region
("RWQCB") and have a common interest in addressing and negotiating the terms
of the 2015 MS4 Permit;
C. To reduce costs and to more effectively represent their interests, the Parties desire
to cooperate with one another in addressing the 2015 MS4 Permit issues;
D. In anticipation of litigation under or relating to the renewal of the MS4 NPDES
Permit (which expires by its terms on or about January 29, 2015), and recognizing
that there are certain efficiencies in having common counsel representing the
Parties during the MS4 NPDES Permit renewal process and any subsequent
appeals or litigation (collectively, the "Work"), each Party has agreed to
coordinate certain efforts, share information, and fund a portion of the attorneys
fees and other costs associated with the Work as set forth in this Agreement;
E. To assist SB FCD, as the principal -permittee, on legal and other issues related to
renewal of the MS4 NPDES Permit, as well as other matters that may be assigned,
the San Bernardino County Counsel's Office issued a Request For Proposals.
The Flood Control District received and evaluated proposals from five law firms
and interviewed three. On or about March 25, 2014, the Flood Control District
retained the firm of Squire Sanders, now Squire Patton Boggs.
F \San Bernardino Co NPDES12015 MS4 Permit
RenewallCoPermitteeM14 0723 MS4 NPDES Stormwater Permit
o...... • - i o...a:........:..- 1..t..• n..o....... A ..............* •. 4
P184
ATTACHMENT 1
P185
MS4 Permittees Group Participation Agreement
In consideration of the mutual covenants and obligations contained in this Agreement,
the Parties agree as follows:
AGREEMENT
1.0 SCOPE AND PURPOSE.
The purpose of this Agreement is to set forth the terms and conditions under which the
Parties will work together collectively as the MS4 Permittee Group to, among other
things:
(a) retain Squire Patton Boggs, as common counsel to advise the MS4
Permittee Group on legal and other issues related to the 2015 MS4 Permit;
(b) if appropriate, engage technical consultants and direct their efforts, as
necessary, to address technical issues related to 2015 MS4 Permit;
(c) consider reasonable legal, technical, investigative, and administrative costs
incurred relating to the 2015 MS4 Permit, and any subsequent
administrative appeals and/or litigation;
(d) allocate among themselves all approved fees and costs;
(e) cooperatively provide all necessary technical and legal input, as requested
by the SB FCD, as the Principal Permittee;
(f) communicate and negotiate with the California Regional Water Quality
Control Board—Santa Ana Region ("RWQCB") and the US
Environmental Protection Agency ("USEPA") regarding the renewal of
the MS4 NPDES Permit, as necessary to accomplish the purposes of this
Agreement; and
(g) provide comments on the draft Report of Waste Discharge Requirements
and review and comment on other issues that may be presented from time
to time during the renewal process that may impact one or more of the co -
permittees.
2.0 MS4 PERMITEE GROUP.
2.1 Meetings & Notice. The Parties may schedule meetings from time -to -time, under
this Agreement, as requested by the SB FCD, to address issues pertinent to the
2015 MS4 Permit. Meetings may be held by telephone conference.
2.2 Cooperation. The Parties shall cooperate with each other to accomplish the
purposes of this Agreement and shall attempt to resolve any disputes among them
through good faith negotiation.
2.3 Communication with Squire Patton Boggs. All communications with Squire
Patton Boggs under this Agreement will be coordinated through the SB FCD.
Page 2 of /1
F:1San Bernardino Co NPDES12015 MS4 Permit
RenewallCoPermittees114 0723 MS4 NPDES Stormwater Permit
P186
MS4 Permittees Group Participation Agreement
3.0 SHARED COSTS.
3.1 Defined. Shared Costs are costs of Common Counsel and, if applicable, any
consultants approved and retained by the MS4 Permittee Group for the work
related to the 2015 MS4 Permit under this Agreement.
3.2 Payment. The Parties agree to pay the Shared Costs of Common Counsel pursuant
to the Section VII (Program Costs) of the Implementation Agreement (County
Contract No. 11-545) entered into by and between the MS4 Permittee Group
under the NPDES Areawide Program budget. Matters that are assigned by SB
FCD to Squire Patton Boggs that relate only to the SB FCD are not Shared Costs
and shall be paid by SB FCD separate and apart from the Agreement or the
Implementation Agreement. SB FCD shall review all invoices, approve payment
of Shared Costs on behalf of the Parties, invoice the Parties, and prepare an
annual fiscal year accounting consistent with Section VII of the Implementation
Agreement.
4.0 SUCCESSORS AND ASSIGNS. This Agreement applies to, is binding upon, and inures
to the benefit of each Party whose legally authorized representative has executed this
Agreement, and the Parties' directors, officers, agents, employees, attorneys, successors
and assigns.
5.0 WITHDRAWAL.
5.1 Withdrawal. Any Party may withdraw from all participation in this Agreement
upon thirty (30) days' advance written notice to the MS4 Permittee Group, except
that the withdrawing Party shall remain responsible for its share of all Shared
Costs, as set forth in the Implementation Agreement. Any Party who withdraws
from this Agreement shall continue to protect the confidentiality of information it
obtained during the time it was a Party, in accordance with Section 6.0 and 7.0.
6.0 CONFIDENTIALITY; LIMITATIONS.
6.1 Confidentiality. A Party may only produce confidential material relating to this
Agreement in compliance with a court order or with the consent of all Parties to
this Agreement. If the production of confidential material relating to this
Agreement is required by a court of competent jurisdiction, the Party so ordered
shall seek leave of court to file the confidential material relating to this
Agreement under seal or subject to an order protecting their confidentiality.
6.2 Permitted Disclosure. Except for Joint Defense Information (as defined below),
nothing contained in this Agreement prohibits a Party from disclosing: (i) its own
information; (ii) its own work product (except for any portion of that work
product that contains confidential material relating to this Agreement); (iii)
material prepared by a Party that refers or relates solely to its own information,
Page 3of11
F San Bernardino Co NPDES72015 MS4 Permit
Renewal CoPermitteea\14 0723 MS4 NPDES Stomtwater Permit
0....... ..I 0..4...1....1.nn Int.* thin•••••• A..w.n...nn1 4.1 01N 4 4
P187
MS4 Permittees Group Participation Agreement
documents, or work product; (iv) material obtained from a source other than a
Party covered under this Agreement; (v) material that was or becomes publicly
available through no act, omission, or fault of the receiving Party; (vi) material
that is discovered independently by a Party; or (vii) non -privileged material that is
otherwise discoverable. Nothing in this Agreement prevents or restricts a Party
from using, at its sole discretion, its own document or information that it has
provided to any other Party under this Agreement, even if it is confidential
material relating to this Agreement.
6.3 Discovery. This Agreement does not prevent or to limit any Party's counsel from
seeking documents from any other Party to this Agreement through formal
discovery processes. By executing this Agreement, no Party waives any
objections that may be asserted in response to a formal discovery request.
6.4 Admissibility. This Agreement is not admissible in evidence, nor may it be used
as evidence in any action or proceeding for any purpose other than for the purpose
of enforcing the terms of this Agreement or defending against a third -party
motion to compel disclosure or production of documents covered under this
Agreement.
6.5 Return of Confidential Information. Any Party that has produced privileged or
confidential material relating to this Agreement may request, in writing, the return
or destruction of the information provided under this Agreement, subject to any
applicable federal and state laws mandating recordkeeping. The requirements of
this Section are subject to any outstanding discovery obligations.
7.0 JOINT DEFENSE; ATTORNEY-CLIENT RELATIONSHIP. By executing this
Agreement, each Party represents that it has been fully advised concerning the
advantages and disadvantages of participation, joint defense, common interest, and
confidentiality agreements, and that each Party understands this Agreement and
knowingly and intelligently makes the representations and waivers contained herein.
7.1 Joint Defense Counsel. Squire Patton Boggs has been (or will be) engaged as
joint defense/common counsel for the Parties in connection with the work under
this Agreement.
7.2 Joint Defense Information. This Agreement applies to all communications that
are: (i) related to the 2015 MS4 Permit and any appeals or litigation related
thereto; (ii) protected by the attorney-client privilege, the work product doctrine
and/or any other privileges, confidentialities and protections provided by law; and
(iii) shared or exchanged among the Parties or their attorneys, representatives,
consultants and/or experts ("Joint Defense Information"). Unless otherwise
excluded herein, "Joint Defense Information" means any information, including
any confidential or privileged information, shared to facilitate the purposes of this
Page 4 of 11
F %San Bernardino Co NPDES12015 MS4 Permit
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MS4 Permittees Group Participation Agreement
Agreement, including, without limitation, all verbal and written exchanges of
information among the Parties and/or their attorneys, representatives, consultants
and/or experts, and all documents containing Joint Defense Information shared or
exchanged among such parties, including, without limitation, memoranda,
correspondence, electronic mail, and all summaries and compilations, data,
mental impressions, strategies, legal theories, legal research, work performed or
prepared by consultants or experts at the direction of counsel for the Parties,
interviews with prospective witnesses and/or all other information and analysis
and the work product of any Party's attorney in any format from and after the
Effective Date. The Parties agree that all communications between Parties and
their attorneys, representatives, consultants and/or experts, in furtherance of the
purpose of this Agreement shall be protected by the attorney-client privilege, the
attorney work -product privilege and the joint defense privilege to the fullest
extent provided by law. Joint Defense Information does not include any publicly
available information or information that a Party obtains from a public or non -
confidential source, even if that information is also provided in confidence by one
Party to another.
7.3 The Parties understand and agree that the sharing or exchanging of Joint Defense
Information between or among the Parties, and the joint creation, development or
solicitation of Joint Defense Information by two or more Parties (or their
employees or agents) in connection with the 2015 MS4 Permit, shall be
accomplished pursuant to the attorney-client privilege, the work product doctrine,
the "common interest" doctrine, the "joint defense" doctrine and any other
applicable rights, privileges and doctrines, and that any and all such shared or
exchanged Joint Defense Information shall be and remain protected against
disclosure to any third party to the fullest extent allowed by law.
7.4 The Parties agree to take all measures reasonably necessary to protect the
confidentiality and privileged nature of the Joint Defense Information. Unless
otherwise required by law, none of the Joint Defense Information obtained by any
Party shall be disclosed to third parties without the written consent of all of the
Parties.
7.5 Use of Joint defense information. If any third party requests or demands any Joint
Defense Information via a subpoena, discovery request, Public Records Act
Request, or otherwise, the Party receiving such request or demand shall notify all
other Parties within a reasonable time after receiving the request. The Party
receiving such request or demand reserves the right to assert all applicable
privileges, protections, exclusions, defenses, and confidentiality rights. The Party
who received the disclosure request will not release or disclose such information
prior to making a good faith determination that the disclosure is required by
applicable law, or pursuant to court order, and will inform all other Parties prior to
making such disclosure.
Page 5 of 11
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MS4 Permittees Group Participation Agreement
7.6 No Waiver/Protection from Discovery. The Parties intend that no claim of work
product, attorney-client privilege, or other privilege shall be waived by reason of
disclosure of Joint Defense Information to other Parties or to any third persons.
The Parties further intend that all Joint Defense Information exchanged in
connection with this Agreement shall be protected from discovery by the joint
defense doctrine recognized in Oxy Resources California LLC v. Superior Court,
115 Cal.App.4th 874 (2004) and Waller v. Financial Corp. of America, 828 F.2d
579, 583 n. 7 (9th Cir. 1987) ("The joint defense privilege, which is an extension
of the attorney client privilege, has been long recognized by this circuit.") See
also Raytheon v. Superior Court, 208 Cal.App.3d 683, 687-88 (1989) ("[A]
disclosure in confidence of a privileged communication is not a waiver of the
privilege 'when such disclosure is reasonably necessary for the accomplishment
of the purpose for which the lawyer ... was consulted...." quoting Evidence
Code section 912(d)); Insurance Co. of North America v. Superior Court, 108
Cal.App.3d 758, 771 (1980); California Evidence Code Sections 912(d), 952.
7.7 Use of Joint Defense Information. Except as otherwise provided in this
Agreement, Joint Defense Information shall be held in strict confidence by the
Parties and will be disclosed only to Parties (including their governing boards or
councils, employees and counsel). No Party shall use Joint Defense Information
that it has received from another Party for any purpose other than the joint defense
and common interest purposes outlined in this Agreement. Each Party shall take
all reasonable and appropriate measures necessary to protect Joint Defense
Information from disclosure to third parties not subject to this Agreement,
including in the event such Joint Defense Information is subpoenaed or sought in
a California Public Records Act request.
7.8 Survival. The obligations of the Parties under this Section shall survive the
termination of this Agreement and shall remain in full force and effect without
regard to whether the 2015 MS4 Permit is finalized in any form, and without
regard to whether any individual Party withdraws from this Agreement.
7.9 Conflict of Interest. As provided in the recitals and Paragraph 3.2 of this
Agreement, SB FCD may, from time -to -time, assign to Squire Patton Boggs work
that relates only to the SB FCD, on issues not directly related to renewal of the
MS4 Permit. This work has the potential of creating a conflict of interest. Each
of the Parties waives any such conflicts or potential conflicts of interest and,
further, waives any conflict of interest which might arise by virtue of its and the
other Parties' participation in this Agreement.
8.0 NEW PARTIES. New Parties may be added to this Agreement with the written consent
of all Parties after written agreement is reached on the new Party's funding contribution
and the adjusted cost share formula for all Parties.
9.0 NO WAIVER, RELEASE, OR ADMISSION.
Page 6of!/
F San Bernardino Co NPDES12015 MS4 Permit
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04.4.......1 13.4.4....34..411.444 Intw1 11-M...- A.....ww.....1 41 11 4 A
P190
MS4 Permittees Group Participation Agreement
9.1 No Waiver or Release. Except as expressly provided herein, by entering into this
Agreement and sharing confidential information under this Agreement, the Parties
are not waiving or releasing any rights, claims, defenses, or privileges they may
have against each other or any other person or entity, nor does the Agreement
modify in any way any other written agreements or written contractual
arrangements of the Parties. Any Party asserting a claim against any other Party
is not entitled to use Joint Defense Information (or other confidential information)
received under this Agreement in support of the claim, except to the extent that
the Joint Defense Information (or other confidential information) has been or is
obtained through discovery.
9.2 No Modification of Legal Obligations or Authority. Except as specifically
provided in this Agreement, no rights or obligations created by this Agreement
are intended to amend, modify, supplement, or replace any legal or contractual
obligation or authority created by any other agreement entered into at any time
between any Party to this Agreement or any affiliated entity of any other Party.
This Agreement is not intended to have any effect on any indemnification,
contribution, or warranty obligations between or among the Parties or affiliated
entities and may not be used by any Party to advance any argument that any Party
(including affiliated entities of any Party) either does, or does not, have any
obligation to indemnify, provide contribution, or provide a warranty to any other
Party (including affiliates or subsidiaries of any Party).
9.3 No Admission. Nothing in this Agreement constitutes, or may be construed as,
an admission that any Party is liable to any other Party or to any person not a
party to this Agreement.
10.0 NOTICE. All notices required or permitted to be given must be in writing and sent via
mail or e-mail to the undersigned counsel for the Parties.
11.0 APPLICABLE LAW. This Agreement is governed by and construed in accordance with
the laws of the State of California, without giving effect to the choice -of -law rules of the
State of California. The Parties agree that any dispute arising under or relating to this
Agreement must be adjudicated in the appropriate court in the State of California, and the
Parties consent to jurisdiction in those courts. This Agreement does not, however, affect
the applicable law governing the Work or disputes under this Agreement.
12.0 CONSTRUCTION OF AGREEMENT. This Agreement is jointly drafted and may not
be construed in any way, against any Party on the ground that the Party or its counsel
drafted this Agreement.
13.0 ENTIRE AGREEMENT. This Agreement is an integrated document representing the
entire understanding of the Parties with respect to participation in the MS4 Permittees
Group as it relates to the Work. This Agreement supersedes and supplants all prior or
contemporaneous agreements, proposals, or understandings, whether written or oral,
between the Parties on the same subject matter.
Page 7of11
F:1San Bernardino Co NPDES12015 MS4 Permit
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O..-.....wl p-.N.a-+Bn- In. -1 Il-/........ 6.. .n.....w-. 4 1 11 4 •
P191
MS4 Permittees Group Participation Agreement
14.0 MODIFICATION OF AGREEMENT. Modification of the Agreement does not affect
the rights and duties of Parties that have withdrawn from the Agreement prior to its
modification. All modifications to this Agreement must expressly state that it is the
intention of the Parties to amend or modify this Agreement and must be:
(a) in writing;
(b) signed by a duly authorized representative of each Party; and
(c) approved of by all then -current Parties to this Agreement.
15.0 SEVERABILITY. Any provision of this Agreement held to be invalid, illegal, or
unenforceable is ineffective to the extent of the invalidity, illegality, or unenforceability
without affecting the validity, legality, or enforceability of the remaining provisions.
16.0 EXECUTION AND COUNTERPARTS. The execution of this Agreement by the
undersigned representatives and counsel for the Parties has been duly authorized and is
the valid, binding, and enforceable act of each of the Parties upon whose behalf the
representatives and counsel have executed the Agreement. Each Party to this Agreement
agrees that this Agreement and all obligations arising under it are binding on any counsel
employed in the future by that Party, as if the counsel had signed the Agreement. This
Agreement may be executed in one or more counterparts, each of which, when so
executed, is deemed to be an original and all of which taken together constitute one
Agreement.
17.0 TERMINATION. The term of this Agreement shall extend until the later of: (a) the date
the 2015 MS4 Permit becomes final pursuant to applicable law; (b) the conclusion of
proceedings challenging any final Order regarding the 2015 MS4 Permit issued by the
Regional Board, or (c) termination by written agreement of all Parties, but in no event
later than December 31, 2019.
Page 8of11
F %San Bernardino Co NPDES%2015 MS4 Permit
Renewal\CoPermitteea114 0723 MS4 NPDES Stormwater Permit
o........ -i 0.d:.d.-b... 1....4 n.`..... 11.......... 19 vo 4 4
MS4 Permittees Group Participation Agreement
18.0 RECITALS. The recitals of this Agreement are incorporated herein by this reference.
Squire Patton Boggs (US) LLP City of Chino
By: By:
Name: Name:
Title: Title:
Date: Date:
San Bernardino County Flood Control City of Chino Hills
District (Principal Permittee)
By: By:
Name: Name:
Title: Title:
Date: Date:
County of San Bernardino City of Colton
By: By:
Name: Name:
Title: Title:
Date: Date:
City of Big Bear Lake City of Fontana
By: By:
Name: Name:
Title: Title:
Date: Date:
Page 9of11
F:\San Bernardino Co NPDES12015 MS4 Permit
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O....n.....l O..r.inlnnl ww Wm. flnMwnos A wrwn.w....1 4, r10 4 A
P192
MS4 Permittees Group Participation Agreement
City of Grand Terrace City of Ontario
By: By:
Name: Name:
Title: Title:
Date: Date:
City of Highland City of Ra cho Cucamonga
By:_ By:
Name: Name: Z. benni5 M iC
Title: Title: tAYG(
Date: Date: 5/////5-
City
1/I/5
City of Loma Linda
By:
Name:
Title:
Date:
City of Montclair
By:
Name:
Title:
Date:
City of Redlands
By:
Name:
Title:
Date:
City of Rialto
By:
Name:
Title:
Date:
Page 10 of 11
F %San Bernardino Co NPDES \2015 MS4 Permit
RenewaltCoPermitteeat14 0723 MS4 NPDES Stormwater Permit
Owww ....� Onw.wwwHww Iwiw1 n.�.-www l�..r....w.nr.•
4.1 *IBJ .I
P193
P194
MS4 Permittees Group Participation Agreement
City of San Bernardino
By:
Name:
Title:
Date:
City of Upland
By:
Name:
Title:
Date:
City of Yucaipa
By:
Name:
Title:
Date:
Page / 1 of 11
F.1San Bernardino Co NPDES12015 MS4 Permit
RenewaIlCoPermittees114 0723 MS4 NPDES Stormwater Permit
o__......J ow AMiw..Itww IwIwl 11..Iwwnn *we. w.w..0 44 01 u
P195
MODIFICATION TO
MS4 NPDES STORMWATER PERMIT RENEWAL PARTICIPATION
AND JOINT DEFENSE AGREEMENT
This Modification ("Modification") to the MS4 NPDES Stormwater Permit Renewal
Participation and Joint Defense Agreement ("Agreement") is made and entered into as of the
date it is signed by all parties to the Agreement by and between San Bemardino County Flood
Control District, the County of San Bernardino, and the City of Big Bear Lake, the City of
Chino, the City of Chino Hills, the City of Colton, the City of Fontana, the City of Grand
Terrace, the City of Highland, the City of Loma Linda, the City of Montclair, the City Ontario,
the City of Rancho Cucamonga, the City of Redlands, the City of Rialto, the City of San
Bernardino, the City of Upland, and the City of Yucaipa, (collectively, the "Parties" or "MS4
Permittee Group") and Steptoe & Johnson, LLP.
RECITALS
A. Some of the Parties entered into the Agreement relating to renewal of that certain MS4
NPDES Permit and Waste Discharge Requirements for Area -wide Urban Stormwater
Runoff, adopted January 29, 2010, NPDES No. 618036/Order No. R8-2010-0036,
applicable to the San Bernardino County Flood Control District ("SBFCD"), the County
of San Bernardino, and the incorporated cities of San Bernardino County within the Santa
Ana Region ("MS4 NPDES Permit");
B. The SB FCD, as Principal Permittee engaged the services of Chris M. Amantea, Esq.
who, at the time, was a partner at the law firm Squire Patton Boggs, to assist SB FCD on
legal and other issues related to renewal of the MS4 NPDES Permit, as well as on other
matters necessary to representation of the MS4 Permittee Group in connection with
negotiating the terms of the 2015 MS4 Permit; and
C. Since that time, Mr. Amantea, has changed law firms and is now a partner at the law firm
of Steptoe & Johnson, LLP.
AGREEMENT
Pursuant to Paragraph 14.0 (Modification of Agreement) of the Agreement, the Parties desire
and intend to modify the Agreement to retain Steptoe & Johnson, LLP as common counsel to
advise the MS4 Permittee Group on legal and other issues related to the 2015 MS4 Permit and
remove Squire Patton Boggs as common counsel. Mr. Amantea will remain as the partner
responsible for overseeing and managing the legal services provided to SB FCD, as Principal
Permittee and to the MS4 Permittee Group.
Therefore, the Agreement is hereby modified to replace all references to Squire Patton Boggs
(except for the references in Recital E of the Agreement), with Steptoe & Johnson, LLP.
ATTACHMENT 2
Except as modified herein, the terms and conditions of the Agreement remain unchanged.
This Modification may be executed in one or more counterparts, each of which, when so
executed, is deemed to be an original and all of which taken together constitute one agreement.
Steptoe & Johnson, LLP
By:
Name:
Title:
Date:
San Bernardino County Flood Control
District (Principal Permittee)
By:
Name:
Title:
Date:
County of San Bernardino
By:
Name:
Title:
Date:
City of Big Bear Lake
By:
Name:
Title:
Date:
City of Chino
By:
Name:
Title:
Date:
City of Chino Hills
By:
Name:
Title:
Date:
City of Colton
By:
Name:
Title:
Date:
City of Fontana
By:
Name:
Title:
Date:
P196
City of Grand Terrace City of Ontario
By: By:
Name: Name:
Title: Title:
Date: Date:
City of Highland City of Rancho Cucamonga
By: By:
Name: Name:
Title: Title:
Date: Date:
City of Loma Linda
By:
Name:
Title:
Date:
City of Montclair
By:
Name:
Title:
Date:
City of San Bernardino
By:
Name:
Title:
Date:
City of Redlands
By:
Name:
Title:
Date:
City of Rialto
By:
Name:
Title:
Date:
P197
P198
City of Upland
By:
Name:
Title:
Date:
City of Yucaipa
By:
Name:
Title:
Date:
P199
STAFF REPORT
DATE: October 18, 2017
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 C
Romeo M. David, Associate Engineer/Project Manager
SUBJECT: CONSIDERATION TO RELEASE MAINTENANCE GUARANTEE BOND FOR THE
ARCHIBALD AVENUE AND HAVEN AVENUE PAVEMENT REHABILITATION
PROJECTS
RECOMMENDATION:
Staff recommends that the City Council authorize the City Clerk to release Maintenance Guarantee Bond
No. 7649326M in the amount of $79,604 for the Archibald Avenue and Haven Avenue Pavement
Rehabilitation Projects, Contract No. 16-113.
BACKGROUND:
Contract No. 16-113 with Hardy and Harper, Inc. consisted of construction of asphalt cold milling, crack
sealing, Asphalt Rubber Hot Mix overlay, grinding and patching asphalt concrete, adjusting existing
manholes and valves to new grade, and pavement markers and striping on Archibald Avenue north of
Hillside Road and Haven Avenue north of Wilson Avenue.
ANALYSIS:
The improvements were accepted by the City Council on October 19, 2016. The required one-year
maintenance period has ended and the improvements remain free from defects in materials and
workmanship.
FISCAL IMPACT:
None.
COUNCIL GOAL ADDRESSED:
None.
ATTACHMENTS:
Attachment 1 — Vicinity Map
Page 1 of 1
P200
PROJECT
•
210
8th STREET
6th
STREET
i
z
7th STREET
II
I I
mf
Zfr��.�v`'r
''`'`41(Hillside
eve
CITY OF RANCHO CUCAMONGA
��,�
ARCHIBALD AVENUE PAVEMENT REHABILITATION
Road to North City Limit)
HAVEN AVENUE PAVEMENT REHABILITATION0°. (Wilson Avenue to North City Limit)
KAN
N.T.S.J
ATTACHMENT -1
P201
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: October 18, 2017
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 �—
Romeo M. David, Associate Engineer/Project Manager
SUBJECT: CONSIDERATION TO RELEASE MAINTENANCE GUARANTEE BOND FOR THE
FISCAL YEAR 2015-2016 LOCAL STREET PAVEMENT REHABILITATION
– SLURRY SEAL PROJECT
RECOMMENDATION:
Staff recommends that the City Council authorize the City Clerk to release Maintenance Guarantee Bond
No. CSB0021534 in the amount of $73,568 for the Fiscal Year 2015-2016 Pavement Rehabilitation – Slurry
Seal Project, Contract No. 16-076.
BACKGROUND:
Contract No. 16-076 with Roy Allan Slurry, Inc. work consisted of weed kill and removal, crack sealing,
slurry sealing and pavement markers and striping of local streets throughout the City as shown on the
attached Vicinity Map.
ANALYSIS:
The improvements were accepted by the City Council on October 19, 2016. The required one-year
maintenance period has ended and the improvements remain free from defects in materials and
workmanship.
FISCAL IMPACT:
None.
COUNCIL GOAL ADDRESSED:
None.
ATTACHMENTS:
Attachment 1 – Vicinity Map
Page 1 of 1
Y(
BASELINE RD
VICINITY MAP
Legend:
2015-2016 SLURRY
CITY OF RANCHO CUCAMONGA
FY 2015-2016 PAVEMENT REHABILITATION
SLURRY
s
NOT TO SCALE
P203
STAFF REPORT
DATE: October 18, 2017
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 C
Romeo M. David, Associate Engineer/Project Manager
SUBJECT: CONSIDERATION TO RELEASE MAINTENANCE GUARANTEE BOND FOR THE
FOOTHILL BOULEVARD REHABILITATION PROJECT
RECOMMENDATION:
Staff recommends that the City Council authorize the City Clerk to release Maintenance Guarantee Bond
No. 7646177M in the amount of $108,394 for the Foothill Boulevard Pavement Rehabilitation Projects,
Contract No. 15-152.
BACKGROUND:
Contract No. 15-152 with Hardy and Harper, Inc. consisted of construction of asphalt cold milling, crack
sealing, Asphalt Rubber Hot Mix overlay, grinding and patching asphalt concrete, adjusting existing
manholes and valves to new grade, video detections system, and pavement markers and striping on
Foothill Boulevard from Vineyard Avenue to Haven Avenue.
ANALYSIS:
The improvements were accepted by the City Council on October 19, 2016. The required one-year
maintenance period has ended and the improvements remain free from defects in materials and
workmanship.
FISCAL IMPACT:
None.
COUNCIL GOAL ADDRESSED:
None.
ATTACHMENTS:
Attachment 1 — Vicinity Map
Page 1 of 1
P204
ATTACHMENT -1
CITY OF RANCHO CUCAMONGA
(dilk
4100/
FOOTHILL BOULEVARD PAVEMENT REHABILITATION
\1 a
01
wo,„-
(Vineyard Avenue to Haven Avenue)
• t
N.T.S. J
ATTACHMENT -1
P205
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: October 18, 2017
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, Management Analyst I
SUBJECT: CONSIDERATION OF AMENDMENT NO. 008 AUTHORIZING AN INCREASE TO
PROFESSIONAL SERVICES AGREEMENT WITH PACIFIC UTILITY INSTALLATION,
INC. IN THE AMOUNT OF $206,280 AND TO APPROVE AN APPROPRIATION IN THE
AMOUNT OF $206,280 FROM THE RANCHO CUCAMONGA MUNICIPAL UTILITY
FUND FOR CONNECTION OF RCMU SERVICE TO TWO DEVELOPMENT
PROJECTS
RECOMMENDATION:
Staff recommends that the City Council approve and authorize an amendment to increase Professional
Services Agreement (Contract No. CO#14-008) with Pacific Utility Installation, Inc. in the amount of
$206,280 and to approve an appropriation in the amount of $206,280 from the Rancho Cucamonga
Municipal Utility Fund.
BACKGROUND:
In 2014, the City of Rancho Cucamonga and Pacific Utility Installation, Inc. (PUI) entered into a
Professional Services Agreement to provide maintenance and operations, including but not limited to
installation, removal and maintenance of underground distribution facilities and all electrical related
equipment of the Rancho Cucamonga Municipal Utility (RCMU) substation and infrastructure.
ANALYSIS:
To accommodate the development of the Mayten Business Park located at 11557, 11559, 11565, 11569
Foothill Blvd and the Goals Soccer Center located at 11747 Stadium Parkway, including the furnishing and
installation of distribution equipment required to interconnect to RCMU's existing infrastructure, staff
received and reviewed three bids in accordance with the requirements of the project and found PUI to offer
the best value to the City with the lowest most responsive bid proposal.
FISCAL IMPACT:
An appropriation in the amount of $206,280 from the Rancho Cucamonga Municipal Utility Fund (Fund
705) to Account 1705303-5309 (Contract Services/Electric Utility) is required to fully fund the project. The
line extension costs will be paid for by the developer of each project.
COUNCIL GOAL(S) ADDRESSED:
Not Applicable.
ATTACHMENTS:
Attachment 1 — Amendment 008
Page 1 of 1
AMENDMENT NO. 008
to
Professional Services Agreement (CO #14-008)
between
Pacific Utility Installation (hereinafter "Consultant")
and
City of Rancho Cucamonga (hereinafter the "City")
P206
This Amendment No. 008 will serve to amend the Professional Services Agreement (hereinafter
"Agreement"), CO# 14-008, to incorporate the following:
Modify contract amount to increase by $206,280.00 to complete necessary line extension
improvements for the Mayten Business Park and the Goals Soccer Center projects. Increase in
contract amount is for this contract year only (July 1, 2017 to June 30, 2018).
All other Terms and Conditions of the original Agreement CO#14-008, 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 no later than October 5, 2017.
The City will process both copies for signature and provide Consultant with one (1) fully executed copy
of the Amendment.
Pacific Utility : tion
By:
Name
Ares }(64t.f
/0/q/iT
Date
Title
(two signatures required if corporation)
Last Revised: 09/28/2012
City of Rancho Cucamonga
By:
Name Date
Title
By:
Name Date
Title
Page 1 of 1
ATTACHMENT 1
P207
STAFF REPORT
DATE: October 18, 2017
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 ‹7--.6,-)
Craig Cruz, Associate Engineer
SUBJECT: CONSIDERATION OF A CONTRACT WITH ELECNOR BELCO ELECTRIC, INC. IN
THE AMOUNT OF $566,799 PLUS 10% CONTINGENCY FOR THE FREEWAY AND
ARTERIAL SIGNAL SYNCHRONIZATION PROJECT
RECOMMENDATION:
Staff recommends that the City Council:
1. Approve the plans and specifications on file in the Office of the City Engineer for the Freeway and
Arterial Signal Synchronization Project;
2. Accept the bids received for the Project;
3. Award and authorize the execution of the standard Public Works contract for the Base Bid and
Additive Bid Item No.'s Al through A5 and A7 in the amount of $566,799, to the lowest responsive
bidder, Elecnor Belco Electric, Inc.; and
4. Authorize the expenditure of a 10% contingency in the amount of $56,680;
BACKGROUND:
The City executed an agreement with San Bernardino County Transportation Authority as part of a Mobile
Source Reduction Review Committee (MSRC) grant on March 27, 2015. The agreement provides
$124,810 in MSRC funds to assist with incorporating the State Route 210 (SR -210) and Interstate 15 (I-
15) interchange ramps into the existing coordinated City corridors along Base Line Road, Foothill
Boulevard, and Haven Avenue. The Project will provide communication paths to enable monitoring, re -
timing and coordination of the City's traffic signals in the vicinity of these interchanges and upgrades the
communication equipment at the State-owned interchange traffic signals along with upgrades at the
Caltrans Traffic Management Center (TMC) to enable future communication between the City and Caltrans
TMCs when the necessary software becomes available. The goal of the project is improved traffic flow and
safety in and around the three project interchanges.
ANALYSIS:
The City Clerk's Office facilitated the solicitation, receipt and opening of bids on October 3, 2017, for the
subject project. The Engineer's estimate for the base bid was $514,540, and additive bid items were
estimated at $55,350. The lowest responsive bidder was Elecnor Belco Electric, Inc. Staff has completed
the required background investigation and finds that the lowest responsive bidder, Elecnor Belco Electric,
Inc., meets the requirements of the bid documents.
Page 1 of 2
CITY COUNCIL STAFF REPORT - AWARD FREEWAY AND ARTERIAL SIGNAL PROJECT
October 18, 2017
FISCAL IMPACT:
Anticipated project costs are estimated to be as follows:
Design Contract $74,090
Construction Contract (Base Bid) $525,062
Construction Contract (Additive Bid) $41,737
Construction Contract Contingency (10%) $56,680
Construction and Equipment by the City $30,551
Implementation, Testing, & Reporting (Estimated) $91,000
Total Estimated Project Costs $819,120
P208
Sufficient funds from the Air Quality Improvement Fund (Fund 105) and Transportation Funds (Fund 124)
are available in Account Nos. 11052085650/1900105-0 (Capital Improvements), 11243035650/1831124-0
(Capital Improvements) and 11243035650/1900124-0 (Capital Improvements) in the Fiscal Year 2017/18
Budget.
As part of the MSRC program, San Bernardino County Transportation Authority will reimburse the City
$124,810 once the project is complete.
COUNCIL GOAL(S) ADDRESSED:
This Project addresses the City Council Goal of providing for public safety by enhancing traffic
management operations, which improves maintenance to ensure that traffic signals are functioning
properly. The Project also addresses the City Council Goal of enhancing premier community status by
improving traffic flows and reducing fuel consumption and vehicle emissions.
ATTACHMENTS:
Attachment 1 — Vicinity Map
Page 2 of 2
P209
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ATTACHMENT 1
P210
STAFF REPORT
DATE: October 18, 2017
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Jason C. Welday, Director of Engineering Services Department/City Engineers
Felicia Marshall, Associate Engineer
SUBJECT: CONSIDERATION OF AN IMPROVEMENT AGREEMENT, IMPROVEMENT
SECURITIES, AND ORDERING THE ANNEXATION TO LANDSCAPE
MAINTENANCE DISTRICT NO. 7 AND STREET LIGHT MAINTENANCE DISTRCT
NOS. 1 AND 7 RELATED TO THE DEVELOPMENT OF A SINGLE FAMILY
RESIDENCE LOCATED AT 13254 BANYAN STREET (CASE NO. DRC2015-00821)
SUBMITTED BY MARIO GONZALEZ.
RECOMMENDATION:
Staff recommends that the City Council:
1. Approve the subject public improvement agreement on file with the City Clerk and authorize the
Mayor and City Clerk to sign the agreement;
2. Accept improvement securities in the form of bonds; and
3. Adopt resolutions ordering the annexation to Landscape Maintenance District No. 7, and Street
Light Maintenance Districts No. 1 and 7.
BACKGROUND:
Case No. DRC2015-00821 was approved by the Planning Director on November 9, 2015, for the
construction of a two story, single-family residence on 1.16 acres located in the Estate Residential (ER)
Zoning District, at 13254 Banyan Street. This approval included conditions to construct certain public
improvements including sidewalk, driveway approaches, landscape, and street trees. Further, the approval
requires the property being developed to be annexed into Landscape Maintenance District No. 7 and Light
and Maintenance Districts No. 1 and 7.
ANALYSIS:
The Developer, Mario Gonzalez, has submitted the subject agreement and security to guarantee the
construction of the off-site improvements in the following amounts:
Faithful Performance: $4,300 Bond No. 71937084
Labor & Material: $4,300 Bond No. 71937084
Mr. Gonzalez has also submitted Consent and Waiver forms for the required annexation, which are on file
with the City Clerk.
Page 1 of 2
CITY COUNCIL STAFF REPORT — DRC2016-00006 P211
October 18, 2017
FISCAL IMPACT:
The proposed annexations would satisfy the conditions of approval for the development and supply
additional annual revenue into the lighting and landscape maintenance districts in the following amounts:
Landscape Maintenance District No. 7: $ 307.05
Street Lighting District No. 1: $ 17.77
Street Lighting District No. 7: $ 33.32
The development includes installation of two street trees which will be maintained by Landscape
Maintenance District No. 7.
COUNCIL GOAL(S) ADDRESSED:
Not Applicable.
ATTACHMENTS:
Attachment 1 — Vicinity Map
Attachment 2 — Resolution 17-101
Attachment 3 — Resolution 17-102
Attachment 4 — Resolution 17-103
Page 2 of 2
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ATTACHMENT 1
P212
P213
RESOLUTION NO. 17-101
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE
ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE
MAINTENANCE DISTRICT NO. 7 (NORTH ETIWANDA) FOR
CASE NO. DRC2015-00821
WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously
formed a special maintenance district pursuant to the terms of the "Landscape and Lighting Act
of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California
(the "Act", said special maintenance district known and designated as Landscape Maintenance
District No. 7 (North Etiwanda) (the "District"); and
WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of
additional territory to the District; and
WHEREAS, such provisions also provide that the requirement for the preparation of
resolutions, and assessment engineer's report, notices of public hearing and the right of majority
protest may be waived in writing with the written consent of all of the owners of property within
the territory to be annexed; and
WHEREAS, notwithstanding that such provisions of the Act related to the annexation of
territory to the District, Article XIII D of the Constitution of the State of California ("Article XIII D")
establishes certain procedural requirements for the authorization to levy assessments which apply
to the levy of annual assessments for the District on the territory proposed to be annexed to such
District; and
WHEREAS, the owners of certain property described in Exhibit A attached hereto, and
incorporated herein by this reference, have requested that such property (collectively, the
"Territory") be annexed to the District in order to provide for the levy of annual assessments to
finance the maintenance of certain improvements described in Exhibit B hereto (the
"Improvements"); and
WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed
forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance
District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and
Waiver"); and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly
waived any and all of the procedural requirements as prescribed in the Act to the annexation of
the Territory to the District and have expressly consented to the annexation of the Territory to the
District; and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also
expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article
XIII D applicable to the authorization to levy the proposed annual assessment against the Territory
set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared
support for, consent to and approval of the authorization to levy such proposed annual
assessment set forth in Exhibit C attached hereto; and
Resolution No. 17-101 — Page 1 of 5 ATTACHMENT 2
P214
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also
expressly agreed for themselves, their heirs, successors and assigns that:
(1) The proportionate special benefit derived by each parcel in the Territory
from the District Improvements has been determined in relationship to the entirety of the
maintenance and operation expenses of the Improvements;
(2) The proposed annual assessment does not exceed the reasonable cost of
the proportional special benefit from the Improvements conferred on each parcel in the Territory.
(3) Only the special benefits derived or to be derived by each parcel in the
Territory from the Improvements have been included in the proposed annual assessment.
WHEREAS, at this time the City Council desires to order the annexation of the Territory
to the District and to authorize the levy of annual assessments against the Territory in amounts
not to exceed the amounts set forth in Exhibit C hereto.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA
HEREBY RESOLVES AS FOLLOWS:
SECTION 1: That the above recitals are true and correct.
SECTION 2: The City Council hereby finds and determines that:
a. The annual assessments proposed to be levied on each
parcel in the Territory do not exceed the reasonable cost of the
proportional special benefit conferred on each such parcel from the
Improvements.
b. The proportional special benefit derived by each parcel in
the Territory from the Improvements has been determined in
relationship to the entirety of the cost of the maintenance of the
Improvement.
c.Only special benefits will be assessed on the Territory by the levy
of the proposed annual assessments.
SECTION 3: This legislative body hereby orders the annexation the Territory to
the District, approves the financing of the maintenance of the Improvements from the proceeds
of annual assessments to be levied against the Territory and approves and orders the levy of
annual assessments against the Territory in amounts not to exceed the amounts set forth in
Exhibit C.
SECTION 4: All future proceedings of the District, including the levy of all
assessments, shall be applicable to the Territory.
PASSED APPROVED AND ADOPTED this 18th day of October 2017.
Resolution No. 17-101 — Page 2 of 5
P215
Exhibit A
Identification of the Owner and Description of the Property to be Annexed
The Owner of the Property is:
Mario Gonzalez
The legal description of the Property is:
Parcel 1 of Parcel Map 7689
Assessor's Parcels Numbers of the Property:
225-122-83
Resolution No. 17-101 — Page 3 of 5
Exhibit B
Description of the District Improvements
Fiscal Year 2017/2018
Landscape Maintenance District No. 7 (North Etiwanda):
Landscape Maintenance District No. 7 (North Etiwanda) (the "Maintenance District") represents
landscape sites throughout the Etiwanda North Area.
The various sites maintained by the district consist of parkways, median islands, paseos, street
trees, community trails and Etiwanda Creek Park.
Proposed additions to the Improvements for Project Case No. DRC2015-00821:
STREET TREES: 2 EACH
Resolution No. 17-101 — Page 4 of 5
P216
P217
Exhibit C
Proposed Annual Assessment
Fiscal Year 2017/2018
Landscape Maintenance District No. 7 (North Etiwanda):
The rate per Equivalent Benefit Unit (EBU) is $307.05 for the fiscal year 2017/18. The following
table summarizes the assessment rate for Landscape Maintenance District No. 7 (North
Etiwanda) for Case No. DRC2015-00821:
Land Use
Basis
EBU
Factor*
Rate per
EBU*
Single Family Residential
Parcel
1.00
$307.05
The proposed annual assessment for the property described in Exhibit A is as follows:
1 Parcels x1 EBU Factor x $307.05 Rate per EBU = $ 307.05 Annual Assessment
Resolution No. 17-101 — Page 5 of 5
P218
RESOLUTION NO. 17-102
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE
ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT
MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS) FOR
CASE NO. DRC2015-00821
WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously
formed a special maintenance district pursuant to the terms of the "Landscape and Lighting Act
of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California
(the "Act", said special maintenance district known and designated as Street Light Maintenance
District No. 1 (Arterial Streets) (the "District"); and
WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of
additional territory to the District; and
WHEREAS, such provisions also provide that the requirement for the preparation of
resolutions, and assessment engineer's report, notices of public hearing and the right of majority
protest may be waived in writing with the written consent of all of the owners of property within
the territory to be annexed; and
WHEREAS, notwithstanding that such provisions of the Act related to the annexation of
territory to the District, Article XIII D of the Constitution of the State of California ("Article XIII D")
establishes certain procedural requirements for the authorization to levy assessments which apply
to the levy of annual assessments for the District on the territory proposed to be annexed to such
District; and
WHEREAS, the owners of certain property described in Exhibit A attached hereto, and
incorporated herein by this reference, have requested that such property (collectively, the
"Territory") be annexed to the District in order to provide for the levy of annual assessments to
finance the maintenance of certain improvements described in Exhibit B hereto (the
"Improvements"); and
WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed
forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance
District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and
Waiver"); and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly
waived any and all of the procedural requirements as prescribed in the Act to the annexation of
the Territory to the District and have expressly consented to the annexation of the Territory to the
District; and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also
expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article
XIII D applicable to the authorization to levy the proposed annual assessment against the Territory
set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared
support for, consent to and approval of the authorization to levy such proposed annual
assessment set forth in Exhibit C attached hereto; and
Resolution No. 17-102 — Page 1 of 5 ATTACHMENT 3
P219
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also
expressly agreed for themselves, their heirs, successors and assigns that:
(1) The proportionate special benefit derived by each parcel in the Territory
from the District Improvements has been determined in relationship to the entirety of the
maintenance and operation expenses of the Improvements;
(2) The proposed annual assessment does not exceed the reasonable cost of
the proportional special benefit from the Improvements conferred on each parcel in the Territory.
(3) Only the special benefits derived or to be derived by each parcel in the
Territory from the Improvements have been included in the proposed annual assessment.
WHEREAS, at this time the City Council desires to order the annexation of the Territory
to the District and to authorize the levy of annual assessments against the Territory in amounts
not to exceed the amounts set forth in Exhibit C hereto.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA
HEREBY RESOLVES AS FOLLOWS:
SECTION 1: That the above recitals are true and correct.
SECTION 2: The City Council hereby finds and determines that:
a. The annual assessments proposed to be levied on each parcel in the
Territory do not exceed the reasonable cost of the proportional
special benefit conferred on each such parcel from the
Improvements.
b. The proportional special benefit derived by each parcel in the
Territory from the Improvements has been determined in relationship
to the entirety of the cost of the maintenance of the Improvement.
c. Only special benefits will be assessed on the Territory by the levy of
the proposed annual assessments.
SECTION 3: This legislative body hereby orders the annexation the Territory to
the District, approves the financing of the maintenance of the Improvements from the proceeds
of annual assessments to be levied against the Territory and approves and orders the levy of
annual assessments against the Territory in amounts not to exceed the amounts set forth in
Exhibit C.
SECTION 4: All future proceedings of the District, including the levy of all
assessments, shall be applicable to the Territory.
PASSED APPROVED AND ADOPTED this 18th day of October 2017.
Resolution No. 17-102 — Page 2 of 5
P220
Exhibit A
Identification of the Owner and Description of the Property to be Annexed
The Owner of the Property is:
Mario Gonzalez
The legal description of the Property is:
Parcel 1 of Parcel Map 7689
Assessor's Parcels Numbers of the Property:
225-122-83
Resolution No. 17-102 — Page 3 of 5
P221
Exhibit B
Description of the District Improvements
Fiscal Year 2017/2018
Street Light Maintenance District No. 1 (Arterial Streets):
Street Light Maintenance District No. 1 (Arterial Streets) (the "Maintenance District") is used to
fund the maintenance and/or installation of street lights and traffic signals located on arterial
streets throughout the City. These sites consist of several non-contiguous areas throughout the
City.
The sites maintained by the district consist of street lights on arterial streets and traffic signals on
arterial streets within the rights-of-way or designated easements of streets dedicated to the City.
Proposed additions to the Improvements for Project Case No. DRC2015-00821:
N/A
Resolution No. 17-102 — Page 4 of 5
P222
Exhibit C
Proposed Annual Assessment
Fiscal Year 2017/2018
Street Light Maintenance District No.1 (Arterial Streets):
The rate per Equivalent Benefit Unit (EBU) is $17.77 for the fiscal year 2017/18. The following
table summarizes the assessment rate for Street Light Maintenance District No.1 (Arterial Streets)
for Case No. DRC2015-00821:
Land Use
Basis
EBU
Factor*
Rate per
EBU*
Single Family Residential
Parcel
1.00
$17.77
Multi -Family Residential
Parcel
1.00
17.77
Non -Residential
Acre
2.00
17.77
The proposed annual assessment for the property described in Exhibit A is as follows:
1 Parcels x 1 EBU Factor x $17.77 Rate per EBU = $ 17.77Annual Assessment
Resolution No. 17-102 — Page 5 of 5
P223
RESOLUTION NO. 17-103
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF
CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT
NO. 7 (NORTH ETIWANDA) FOR CASE NO. DRC2015-00821
WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed
a special maintenance district pursuant to the terms of the "Landscape and Lighting Act of 1972", being
Division 15, Part 2 of the Streets and Highways Code of the State of California (the "Act", said special
maintenance district known and designated as Street Light Maintenance District No. 7 (North Etiwanda)
(the "District"); and
WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional
territory to the District; and
WHEREAS, such provisions also provide that the requirement for the preparation of resolutions,
and assessment engineer's report, notices of public hearing and the right of majority protest may be waived
in writing with the written consent of all of the owners of property within the territory to be annexed; and
WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to
the District, Article XIII D of the Constitution of the State of California ("Article XIII D") establishes certain
procedural requirements for the authorization to levy assessments which apply to the levy of annual
assessments for the District on the territory proposed to be annexed to such District; and
WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated
herein by this reference, have requested that such property (collectively, the "Territory") be annexed to the
District in order to provide for the levy of annual assessments to finance the maintenance of certain
improvements described in Exhibit B hereto (the "Improvements"); and
WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms
entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And
Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and Waiver"); and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived
any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the
District and have expressly consented to the annexation of the Territory to the District; and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly
waived any and all of the procedural requirements as prescribed in the Act and/or Article XIII D applicable
to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B
attached hereto and incorporated herein by this reference and have declared support for, consent to and
approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached
hereto; and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly
agreed for themselves, their heirs, successors and assigns that:
Resolution No. 17-103 — Page 1 of 5 ATTACHMENT 4
P224
(1) The proportionate special benefit derived by each parcel in the Territory from the
District Improvements has been determined in relationship to the entirety of the maintenance and operation
expenses of the Improvements;
(2) The proposed annual assessment does not exceed the reasonable cost of the
proportional special benefit from the Improvements conferred on each parcel in the Territory.
(3) Only the special benefits derived or to be derived by each parcel in the Territory
from the Improvements have been included in the proposed annual assessment.
WHEREAS, at this time the City Council desires to order the annexation of the Territory to the
District and to authorize the levy of annual assessments against the Territory in amounts not to exceed the
amounts set forth in Exhibit C hereto.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY
RESOLVES AS FOLLOWS:
SECTION 1: That the above recitals are true and correct.
SECTION 2: The City Council hereby finds and determines that:
a. The annual assessments proposed to be levied on each parcel in the Territory
do not exceed the reasonable cost of the proportional special benefit conferred
on each such parcel from the Improvements.
b. The proportional special benefit derived by each parcel in the Territory from
the Improvements has been determined in relationship to the entirety of the
cost of the maintenance of the Improvement.
c. Only special benefits will be assessed on the Territory by the levy of the
proposed annual assessments.
SECTION 3: This legislative body hereby orders the annexation the Territory to the District,
approves the financing of the maintenance of the Improvements from the proceeds of annual assessments
to be levied against the Territory and approves and orders the levy of annual assessments against the
Territory in amounts not to exceed the amounts set forth in Exhibit C.
SECTION 4: All future proceedings of the District, including the levy of all assessments,
shall be applicable to the Territory.
PASSED APPROVED AND ADOPTED this 18th day of October 2017.
Resolution No. 17-103 — Page 2 of 5
P225
Exhibit A
Identification of the Owner and Description of the Property to be Annexed
The Owner of the Property is:
Mario Gonzalez
The legal description of the Property is:
Parcel 1 of Parcel Map 7689
Assessor's Parcels Numbers of the Property:
225-122-83
Resolution No. 17-103 — Page 3 of 5
P226
Exhibit B
Description of the District Improvements
Fiscal Year 2017/2018
Street Light Maintenance District No. 7 (North Etiwanda):
Street Light Maintenance District No. 7 (North Etiwanda) (the "Maintenance District") is used to fund the
maintenance and/or installation of street lights and traffic signals located on local streets in what is termed
the North Etiwanda area of the City. Generally, this area encompasses the area of the City east of Day
Creek Channel and north of Highland Avenue within the incorporated area of the City.
The sites maintained by the district consist of street lights on local streets and traffic signals (or a portion
thereof) on local streets within the North Etiwanda area.
Proposed additions to the Improvements for Project Case No. DRC2015-00821:
N/A
Resolution No. 17-103 — Page 4 of 5
P227
Exhibit C
Proposed Annual Assessment
Fiscal Year 2017/2018
Street Light Maintenance District No. 7 (North Etiwanda):
The rate per Equivalent Benefit Unit (EBU) is $33.32 for the fiscal year 2017/18. The following table
summarizes the assessment rate for Street Light Maintenance District No. 7 (North Etiwanda) for Case
No. DRC2015-00821:
Land Use
Basis
EBU
Factor*
Rate per
EBU*
Single Family Residential
Unit
1.00
$33.32
Multi -Family Residential
Unit
0.50
33.32
Non -Residential
Acre
2.00
33.32
The proposed annual assessment for the property described in Exhibit A is as follows:
1 Parcels x 1 EBU Factor x $33.32 Rate per EBU = $ 33.32 Annual Assessment
Resolution No. 17-103 — Page 5 of 5
DATE:
TO:
FROM: John R. Gillison, City Manager
INITIATED BY: Elisa Cox, Deputy City Manager? e/
Fabian Villenas, Principal Management Analyst
SUBJECT: CONSIDERATION OF A COMMUNICATIONS FACILITY LEASE
AGREEMENT BETWEEN LOS ANGELES SMSA LIMITED PARTNERSHIP,
DBA VERIZON WIRELESS, AND CITY OF RANCHO CUCAMONGA FOR
THE PURPOSE OF INSTALLING A WIRELESS COMMUNICATION
FACILITY AT ETIWANDA CREEK PARK LOCATED AT 5939 EAST AVENUE
P228
CITY OF RANCHO CUCAMONGA
October 18, 2017
Mayor and Members of the City Council
STAFF REPORT
RECOMMENDATION:
Staff recommends the City Council approve a Communications Facility Lease Agreement
between Los Angeles SMSA Limited Partnership, DBA Verizon Wireless, and City of Rancho
Cucamonga for the purpose of installing a wireless communication facility at Etiwanda Creek
Park, 5939 East Avenue.
BACKGROUND:
Los Angeles SMSA Limited Partnership, DBA Verizon Wireless, (Verizon) seeks to enter into a
communications facility lease agreement with the City in order to install a communication service
facility at Etiwanda Creek Park at 5939 East Avenue. City staff, in conjunction with the City
Attorney's office, negotiated the lease agreement with Spectrum Services, on behalf of Verizon.
The final agreement has been reviewed and approved by the City Attorney's Office.
The improvement shall consist of replacing a 65 -foot tall ball field light standard with an identical
65 -foot light monopole at Etiwanda Creek Park. The antennas attached to the light standard will
be a stealth design and will require final approval from the Planning Department. Light fixtures
that match the existing fixtures will be mounted above the antenna shroud on the monopole to
provide park illumination exactly as currently provided. The proposed improvements will be done
while the park is dormant over the winter in order to minimize disruptions to sports groups
activities.
The initial lease term is for ten (10) years, subject to two (2) five (5) year extensions, commencing
upon the Effective Date, however, the obligation to pay rent does not begin until Verizon begins
construction of its facility, or ninety (90) days after the Effective Date, whichever is earlier.
ANALYSIS:
The initial rent will be $25,200.00 per year, paid in equal monthly installments of $2,100 in
advance, on or before the first day of each month during the term of the lease. Commencing with
the second year, the rent increases three (3) percent each year.
1
Page 1 of 2
CITY COUNCIL STAFF REPORT
VERIZON LEASE AGREEMENT FOR ETIWANDA CREEK PARK
OCTOBER 18, 2017
With the Council's approval the Communications Facility Lease for Etiwanda Creek Park will be
the City's 11th Communications Facility Lease for cellular equipment at various City parks and
facilities. Those that are located at parks contribute their revenue from the rents to the respective
Landscape Maintenance District (LMD). For the proposed lease at Etiwanda Creek Park, it will
bring additional revenue for LMD 7 to financially assist with the overall maintenance of the District.
FISCAL IMPACT:
The lease agreement with Verizon will provide a steady, and growing, revenue source for LMD 7
in order to maintain the parks and landscape areas within the district. The agreement provides
$25,200 in annual revenue with an annual 3% increase.
COUNCIL GOAL(S) ADDRESSED:
This item addresses City Council Goal Parks and Recreation Development by providing
revenue in order to maintain existing parks and landscape areas.
ATTACHMENTS:
Attachment 1 — Lease Agreement
Page 2 of 2
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COMMUNICATIONS
FACILITY GROUND LEASE
THIS COMMUNICATIONS FACILITY GROUND LEASE ("Lease"),
effective as of the date of the latter signature below (the "Effective Date") is made by and
between the City of Rancho Cucamonga, a municipal corporation (hereinafter referred to
as "LANDLORD") and Los Angeles SMSA Limited Partnership, a California limited
partnership, d/b/a Verizon Wireless (hereinafter referred to as "TENANT").
1. Premises. LANDLORD hereby agrees to lease to TENANT and
TENANT agrees to lease from LANDLORD, certain parcels of real property, (APN: 0225-131-
22) in area for TENANT's equipment ("Equipment Space"), (ii) space for the installation,
maintenance, and operation of a light standard (upon which TENANT will place its antennas)
("Light Pole Space"), and (iii) space as required for TENANT's utility run between the Light
Standard and the Equipment Space, together with reasonable access thereto seven (7) days a
week, twenty-four (24) hours a day), hereinafter collectively referred to as "the Premises", all as
more particularly described in Exhibit "A" hereto and by this reference made a part hereof, with
said access upon twenty-four (24) hour telephonic notice. The Premises is located at APN:
0225-131-22, in the City of Rancho Cucamonga, County of San Bernardino, and State of
California (the "Property"), as more particularly described in the attached Exhibit "A-1 ".
TENANT's use of the Property shall be non-exclusive. This Lease is subject to the terms,
covenants and conditions hereinafter set forth and TENANT covenants, as a material part of the
consideration for this Lease, to keep and perform each and every term, covenant and condition of
said Lease.
2. Term of Lease.
A. The term of this Lease shall be for TEN (10) year(s), subject to two (2)
extensions, as provided in paragraph B below, commencing upon the Effective Date hereof,
provided, however, that TENANT's obligations to pay rent hereunder shall be based on the date
TENANT commences construction of its facilities upon the Premises, or ninety (90) days after
the Effective Date, whichever is earlier.
B. In the event that TENANT shall not be in default in the performance of
any term or condition under this Lease (with all cure periods having lapsed), then upon the
expiration of the original Lease term, or any prior renewal term(s), upon ninety (90) calendar
days prior written notice to LANDLORD, TENANT shall have the option to renew this Lease in
TWO (2) FIVE (5) year(s) increments to a total of TEN (10) year(s), unless terminated as
provided in Section 14 herein. During any such renewal period, all of the terms and conditions
of this Lease shall remain in full force and effect. Commencing with the first day of the first
month of the respective renewal period, the rent for the Premises shall be increased in
accordance with the provisions set forth in paragraph 3, below.
Said option(s) shall be exercised by personal delivery or by certified mail, postage
prepaid, of such notice of exercise of option to LANDLORD at the address set forth herein for
notices. Such exercise of the option(s) granted hereunder shall automatically extend the term of
this Lease upon the terms and conditions set forth herein, and no further writing need be
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ATTACHMENT 1
executed by TENANT or LANDLORD. In the event that any option specified herein is not
exercised as provided, within the time period provided, then said option and remaining options,
if any, shall expire, and TENANT shall not have any right to renew said Lease.
C. Upon termination, both parties shall be relieved of any further obligations
under this Lease, although each shall continue to have available all remedies for any breach of
this Lease occurring prior to the date of termination. Within sixty (60) days following the
expiration or termination of this Lease, TENANT shall remove its personal property and fixtures,
and restore the Premises to its original condition, reasonable wear and tear excepted and further
excepting landscaping and related irrigation equipment, or other aesthetic improvements made
by TENANT to the Premises.
3. Rent. TENANT agrees to pay to LANDLORD rent, without prior notice
or demand by LANDLORD, the sum of TWENTY FIVE THOUSAND TWO HUNDRED
dollars ($ 25,200.00) per year, paid in equal monthly installments in advance on or before the
first day of each month during the term of this Lease. In the event the date at which Tenant
commences construction of its facilities or the date which is ninety (90) days after the Effective
Date, whichever is applicable, falls between the 1st and 15th of the month, the Lease shall
commence on the lst of that month and if the date at which Tenant commences construction of
its facilities or the date which is ninety (90) days after the Effective Date, whichever is
applicable, falls between the 16th and 31st of the month, then the Lease shall commence on the
1st day of the following month (either the "Commencement Date"). LANDLORD and
TENANT agree that they shall acknowledge in writing the Commencement Date. LANDLORD
and TENANT acknowledge and agree that initial rental payment(s) shall not actually be sent by
TENANT until thirty (30) days after a written acknowledgement confirming the Commencement
Date. By way of illustration of the preceding sentence, if the Commencement Date is January 1
and the written acknowledgement confirming the Commencement Date is dated January 14,
TENANT shall send to the LANDLORD the rental payments for January 1 and February 1 by
February 13. Upon agreement of the Parties, TENANT may pay rent by electronic funds transfer
and in such event, LANDLORD agrees to provide to TENANT bank routing information for
such purpose upon request of TENANT.
Said rent shall be paid to LANDLORD, without deduction or offset, in lawful
money of the United States of America, at 10500 Civic Center Drive, Rancho Cucamonga,
California 91730, Attn: Finance Department, or at such other place as LANDLORD may
designate, in writing.
Commencing with the second year of the initial term hereof, rent shall be
increased on each anniversary of the Commencement Date by an amount equal to three percent
(3%) of the rent for the previous year.
4. Use.
A. TENANT shall use the Premises for the sole purpose of constructing,
maintaining, securing and operating a communication service facility, including the construction
of an equipment building (if needed) and installation of required utilities, antennas and related
communications equipment, including telephone equipment, electrical equipment, HVAC
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systems, temporary power generator, which temporary power generator shall be used for
emergency purposes only, fire sprinkler systems, and an antenna tower and support structures,
subject to being "stealth" designed as may be required by LANDLORD, all as depicted in the
site plan and related drawings approved by LANDLORD, a copy of which is attached hereto as
Exhibit "B" and hereby incorporated by reference. Each such antenna or antenna support
structure may be configured as required by TENANT, provided TENANT obtains all permits
and approvals required by LANDLORD and/or any other public agency having jurisdiction over
the matter. TENANT shall have the right to replace, repair, add or otherwise modify its
equipment or any portion thereof, whether the equipment is specified or not on any exhibit
attached hereto, during the term of this Lease, subject to LANDLORD's review and approval,
which approval shall not be unreasonably withheld, conditioned or delayed in connection with
equipment not visible to the public or any replacement of equipment similar in shape and size to
the equipment to be replaced. No additional equipment or antennas that would be visible to the
public may be installed without LANDLORD's prior written consent. LANDLORD shall not be
entitled to any additional consideration in connection with the giving of its approval or consent
as required herein, excepting the necessary entitlement and permit fees. Furthermore,
LANDLORD and TENANT may agree to increase the square footage of real property occupied
by TENANT, by no more than ten percent (10%) by letter agreement, subject to TENANT
paying additional rent on a pro -rata basis.
B. TENANT and LANDLORD understand and agree that subject to
LANDLORD's written consent pursuant to Section 17 hereof, TENANT may permit other
communications providers to locate on TENANT's communications tower for which TENANT,
and LANDLORD for its provision of the underlying real property, shall be entitled reasonable
compensation by way of leases negotiated in good faith. Alternatively, and at LANDLORD's
option, LANDLORD shall be entitled to increase rent payable to LANDLORD in an amount
determined by the parties to be fair and equitable, but in no case greater than 30% of the current
rent.
C. TENANT shall install a security fence or wall around the perimeter of the
Premises, satisfactory to LANDLORD, excluding any approved access route(s). Construction of
TENANT's communications facility shall be at TENANT's sole expense. TENANT shall not
cause any hazardous condition at the Premises, and shall otherwise maintain the Premises in a
safe, clean and orderly condition. TENANT shall maintain its communication facility in
compliance with all applicable laws and regulations.
D. At all times throughout the term of this Lease, TENANT's use of the
Premises shall be in conformance with, and subject to all conditions contained in, any and all
permits or approvals required by LANDLORD and/or any other agency having jurisdiction over
TENANT's operations.
E. LANDLORD agrees that TENANT's ability to use the Premises is
dependent upon TENANT's obtaining all necessary certificates, permits and/or other approvals
which may be required from any federal, state or local authority. LANDLORD agrees to
cooperate with TENANT as to TENANT's obtaining such certificates, permits or other
approvals. In the event TENANT is unable to obtain or maintain any necessary certificate,
permit or other approval in order to operate its communications facility, or if due to
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technological changes TENANT, in its sole discretion, determines that it will be unable to use
the Premises for TENANT's intended purposes, TENANT may terminate this Lease as provided
herein, upon thirty (30) days prior written notice.
F. TENANT shall not do or permit anything to be done in or about the
Premises nor bring or keep anything therein which will cause cancellation of any insurance
policy covering the Premises or part thereof or portion of its contents. TENANT agrees to pay
any increase in the rate of fire or other insurance policy covering the Premises which is due to
TENANT's leasing of the Premises. TENANT shall not do or permit anything to be done in or
about the Premises which will in any way obstruct or interfere with the rights of other parties or
injure them or use or allow or permit the Premises to be used for any unlawful purpose. Nor
shall TENANT cause, maintain or permit any nuisance in or about the Premises. TENANT shall
not commit or suffer to be committed any waste in or upon the Premises.
G. TENANT agrees at all times to maintain its levels of electromagnetic
radiation within all applicable standards established by the Federal Communications
Commission and/or any other governmental authority having jurisdiction. TENANT agrees at
all times to conduct its communication service operations in such a manner so as to not cause
interference with any of LANDLORD's existing communications operations. A failure to cure
any such interference within five (5) business days of the City's providing written notice of such
interference shall constitute a default hereunder. In the event any of TENANT's operations
interfere with LANDLORD's emergency communications, LANDLORD may provide
telephonic notice to TENANT of such interference and TENANT shall, within twenty-four (24)
hours, cease all communications operations on the Premises that interfere with LANDLORD's
emergency communications, until the condition causing the interference is remedied to
LANDLORD's satisfaction. LANDLORD agrees that LANDLORD and/or any other tenants of
the Property who currently have or in the future take possession of the Property will be permitted
to install only such radio equipment that is of the type and frequency which will not cause
measurable interference to the then existing equipment of TENANT. The Parties acknowledge
that there will not be an adequate remedy at law for non-compliance with the provisions of this
paragraph and therefore, TENANT shall have the right to equitable remedies, such as, without
limitation, injunctive relief and specific performance.
H. TENANT acknowledges that LANDLORD has granted approval to one
(1) wireless communication carrier(s), presently doing business as T -Mobile West Tower, on
LANDLORD's property, at 5939 East Avenue, City of Rancho Cucamonga. TENANT agrees
that TENANT's communication service facility shall not cause interference with the
communication operations of this one (1) pre -approved, pre-existing wireless communication
facility existing as of the Effective Date. TENANT agrees to comply with all the provisions set
forth in the Technical Requirements for Third Party Collocation in designing, locating and
operating its transmitting equipment and in reconfiguring or the frequency or operation of such
equipment.
5. Compliancc with Law. TENANT shall not use the Premises or permit
anything to be done in or about the Premises which will in any way conflict with any applicable
law, statute, ordinance or other governmental rule or regulation now in force or which may
hereinafter be enacted or promulgated. Subject to TENANT's right to teminate as provided in
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Section 4.E, TENANT shall, at its sole cost and expense, promptly comply with all applicable
laws, statutes, ordinances and other governmental rules, regulations or requirements now in force
or which may hereinafter be enacted or promulgated, relating to, or affecting the condition, use
or occupancy of the Premises, excluding structural changes or the removal of any hazardous
materials not related to or affected by TENANT's improvements and acts. The final, non -
appealable judgment of a court of competent jurisdiction or the admission by TENANT in any
action against TENANT, whether LANDLORD be a party thereto or not, that TENANT has
violated any law, statute, ordinance or any other governmental rule or regulation shall be
conclusive of that fact as between LANDLORD and TENANT.
6. Alterations and Additions. Other than as expressly required or permitted
herein, TENANT shall not make or suffer to be made any alterations, additions or improvements
in or to or about the Premises or any part thereof without the prior written consent of
LANDLORD. Excepting only the communications related equipment of TENANT, any
alterations, additions or improvements in, to or about the Premises, shall on the expiration of this
Lease become a part of the realty and belong to LANDLORD and shall be surrendered with the
Premises, unless otherwise agreed to by LANDLORD and TENANT. Any alterations, additions
or improvements to the Premises desired by TENANT, other than those expressly required or
permitted herein, shall require LANDLORD's prior written consent, and shall be made by
TENANT at TENANT's sole cost and expense, and any contractor or person selected by
TENANT to make the same must first be approved of, in writing, by LANDLORD.
7. Physical Condition of Premises; Waiver.
A. By taking possession of the Premises, TENANT shall be deemed to have
accepted the Premises as being in good sanitary order, condition and repair. TENANT shall, at
TENANT's sole cost and expense, keep the Premises and any part thereof in good condition and
repair. LANDLORD shall have no obligation whatsoever to alter, improve, or repair the
Premises, or any part thereof, and the parties hereto affirm that LANDLORD has made no
representations to TENANT respecting the condition of the Premises except as specifically set
forth herein. Subject to Section 4.A, TENANT further agrees that is shall submit to
LANDLORD, prior to applying for any permits to renovate, reconstruct, improve, alter or in any
way modify the Premises, plans and specifications for LANDLORD's approval.
B. LANDLORD shall not be liable for any failure to make any repairs or to
perform any maintenance except as specifically provided herein. Exccpt as may otherwise be
provided herein, there shall be no abatement of rent and no liability of LANDLORD by reason of
any injury to or interference with TENANT's business arising from LANDLORD or TENANT
making of any repairs, alterations or improvements in or to any portion of the Premises or in or
to any fixtures, appurtenances and equipment therein. TENANT hereby specifically waives the
right to make repairs at LANDLORD's expense under any law, statute or ordinance now or
hereafter in effect. Notwithstanding the foregoing, LANDLORD shall be responsible for any
damage to TENANT's equipment or facilities caused by LANDLORD's activities, unless caused
by the negligence or willful misconduct of TENANT. To the extent required in order for
TENANT to operate at the Property as intended, LANDLORD agrees that it shall maintain the
Property in compliance with all governmental laws, codes and regulations.
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C. Except as expressly provided herein, TENANT shall accept possession of
the Premises, in an "as is" physical condition with no warranty, express or implied, by
LANDLORD as to the condition of the soil, its geology, the presence of known or unknown
faults, its suitability for the use intended by the TENANT, any onsite soils contamination or any
similar matters. It shall be the sole responsibility and obligation of TENANT to investigate and
correct any adverse soil, surface or subsurface conditions of the Premises necessary in order to
place the Premises in a condition entirely suitable for the use intended by TENANT and agreed
to by LANDLORD as is set forth herein. TENANT shall have the right to enter the Property
upon no less than forty-eight (48) hours' notice to conduct tests to determine suitability of the
Premises. If determined to be unsuitable for TENANT's purposes, then at TENANT's
discretion, TENANT may terminate this Lease on thirty (30) days' notice to LANDLORD and in
which case TENANT would have no further obligations under this Lease except as expressly
provided otherwise. Notwithstanding the foregoing, LANDLORD represents that to the best of
its knowledge, no activities of LANDLORD have resulted in any soils contamination.
D. Except as otherwise provided in this subsection D, TENANT hereby
specifically waives any rights TENANT may have against LANDLORD with regard to the
current condition of the Premises, including, but not limited to, soils, toxic or hazardous
materials, fill material, compaction, geologic constraints, and faults, except to the extent such
current conditions were caused by LANDLORD.
TENANT also further agrees to indemnify, defend, and hold harmless
LANDLORD from and against any and all claims, losses, liabilities, damages, demands, actions,
judgments, causes of action, assessments, penalties, costs and expenses (including without
limitation, the reasonable fees and disbursements of legal counsel, expert witnesses and
accountants) (collectively "Claims") in any manner arising out of or incident to any acts or
omissions of TENANT that violate any present or future federal, state or local law (whether
under common law, statute, rule, regulation or otherwise) relating to the environment or to any
hazardous substance, activity, or material, including, but not limited to, the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 42 U.S.C. §§
9601 through 9657, inclusive; Transportation of Hazardous Materials and Wastes (HMTA), 49
U.S.C. App. §§ 1801 through 1813, inclusive; the Federal Resource Conservation and Recovery
Act (RCRA), 42 U.S.C. §§ 6901 through 6992, inclusive; 40 C.F.R. Parts 260 through 271,
inclusive; the California Hazardous Substance Account Act (HSAA), California Health and
Safety Code §§ 25300 through 25395, inclusive; the California Hazardous Waste Control Act
(HWCA), California Health and Safety Code §§ 25100 through 25249, inclusive; the Porter -
Cologne Water Quality Control Act, California Water Code §§ 13000 through 13999.16,
inclusive; and the Underground Storage Tank Act (USTA), California Health and Safety Code
§§ 24280 through 24299.7, inclusive, all as the same may be amended from time to time.
TENANT's obligation to indemnify LANDLORD under this paragraph shall not apply to the
extent such Claims are caused by LANDLORD.
TENANT shall be entitled to be reimbursed by LANDLORD for its documented
costs of Claims paid by TENANT as to violations of any of the foregoing statutes, acts, or
regulations to the extent determined in any final court proceeding, or to LANDLORD's
satisfaction, to be attributable to the acts or omissions of LANDLORD.
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LANDLORD shall reimburse TENANT for those corresponding clean-up costs
expended by TENANT for which LANDLORD has agreed in advance and in writing to
reimburse TENANT.
This environmental indemnity shall survive the expiration or termination of this
Lease as to activities taking place or occurring on or about the Premises prior to such expiration
or termination.
E. LANDLORD shall, upon request and at TENANT's cost, provide to
TENANT copies of all reports, studies, surveys and other data and information on the Premises
which is now available to LANDLORD. LANDLORD represents that it has no information
disclosable pursuant to California Health and Safety Code § 25359.7(a).
8. Claims Against Premises. TENANT shall not suffer or permit to be
enforced against the Premises, or any part thereof, any mechanic's, materialman's, contractor's
or subcontractor's liens arising from, or any claim for any work of construction, repair,
restoration, replacement or improvement of or to the Premises on the behalf of TENANT or any
other similar claim or demand howsoever the same may arise, but TENANT shall pay or cause to
be paid any and all such claims or demands before any action is brought to enforce the same
against the Premises. TENANT agrees to indemnify and hold LANDLORD and the Premises
free and harmless of all liability for any and all such claims and demands, together with payment
of LANDLORD's reasonable attorneys' fees and all costs and expenses in connection therewith.
9. Utilities. TENANT shall pay the cost of any and all water, electrical, gas
or other utility services utilized by TENANT upon the Premises during the term hereof and shall
have such utilities installed underground and maintained at TENANT's sole cost and expense,
subject to plans and specifications approved in writing by LANDLORD.
LANDLORD shall approve or disapprove of same within fourteen (14) days.
10. Taxes. TENANT shall pay, or cause to be paid, before delinquency, any
and all taxes levied or assessed and which become payable during the term hereof upon all of
TENANT's possessory interest in and to the Premises, leasehold improvements, equipment,
fixtures and personal property located in or about the Premises. TENANT agrees that, without
prior demand or notice by LANDLORD, TENANT shall, not less than five (5) days prior to the
day upon which any such possessory interest or other such tax is due, provide LANDLORD with
proof of payment of such tax.
11. Holding Over. If TENANT remains in possession of the Premises or any
part thereof after the expiration of the term hereof, with the express written consent of
LANDLORD, such occupancy shall be a tenancy from month-to-month.
12. Entry by LANDLORD. TENANT hereby agrees that representatives of
the LANDLORD, as designated by LANDLORD's City Manager, shall, during normal business
hours, have the right to enter the Premises with a representative of TENANT to inspect and
determine if same complies with each and every term and condition of this Lease and with all
applicable City, County, State and Federal laws, rules, ordinances and regulations relating to
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building occupancy and the conduct of TENANT's business, provided LANDLORD gives
TENANT no less than forty-eight (48) hours prior written notice. TENANT hereby waives any
claim for damages or for any injury or inconvenience to or interference with TENANT's
business, any loss of occupancy or quiet enjoyment of the Premises, and any loss occasioned
thereby, except to the extent of LANDLORD'S or its agents and employees negligence or
intentional misconduct. LANDLORD shall at all times have and retain a key with which to
unlock, in the event of emergency, any entrances to any perimeter enclosures (fencing, etc.)
surrounding TENANT's facilities. It is expressly agreed that LANDLORD shall not have a key
to TENANT's facilities, except as provided above, and TENANT expressly waives any and all
damages which might occur to TENANT's facilities including, but not limited to, damages
arising from fire, vandalism, explosion or earthquake, as a result thereof, except to the extent of
LANDLORD's or its agents and employees negligence or intentional misconduct. Any entry to
the Premises obtained by LANDLORD, as provided above, shall not, under any circumstances,
be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or
an eviction of TENANT from the Premises or any portion thereof.
13. Default. The occurrence of any one or more of the following events shall
constitute a default and breach of this Lease by TENANT:
A. Vacating or Abandonment of the Premises by TENANT as provided under
California state law;
B. The failure by TENANT to make any payment of rent or any other
payment required to be made by TENANT hereunder, as and when due, where such failure shall
continue for a period of seven (7) days after mailed written notice thereof by LANDLORD to
TENANT, return receipt requested;
C. A failure by TENANT to observe or perform any of the covenants,
conditions or provisions of this Lease to be observed or performed by TENANT, other than as
described in subparagraph 13.B., above, where such failure shall continue for a period of thirty
(30) days after the date of mailing written notice thereof by LANDLORD to TENANT, return
receipt requested; provided, however, that if the nature of the default involved does not consist of
radio interference, and is such that more than thirty (30) days are reasonably required for its cure,
then TENANT shall not be deemed to be in default if TENANT commences such cure within
such thirty (30) day period and thereafter diligently prosecutes said cure to completion; or
D. The making by TENANT of any general assignment or general
arrangement for the benefit of creditors, or the filing by or against TENANT of a petition to have
TENANT adjudged a bankrupt, or a petition for reorganization or arrangement under any law
relating to bankruptcy (unless, in the case of a petition filed against TENANT, the same is
dismissed within sixty (60) days; or the appointment of a trustee or a receiver to take possession
of substantially all of TENANT's assets located in or about the Premises or of TENANT's
interest in this Lease, where possession is not restored to TENANT within thirty (30) days; or the
attachment, execution or other judicial seizure of substantially all of TENANT's assets located in
or about the premises or of TENANT'S interest in this Lease, where such seizure is not
discharged in thirty (30) days.
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14. Remedies in Default. In the event of any such material default or breach
by TENANT, LANDLORD may at any time thereafter and without notice or demand and,
without limiting LANDLORD in the exercise of a right or remedy LANDLORD may have by
reason of such default or breach:
A. Terminate TENANT's right to possession of the Premises by any lawful
means, in which case this Lease shall terminate and TENANT shall immediately surrender
possession of the Premises to LANDLORD. In such event, LANDLORD shall be entitled to
recover from TENANT all damages incurred by LANDLORD by reason of TENANT's default
including, but not limited to, the cost of recovering possession of the Premises, including
necessary renovation and alteration of the Premises, for reasonable attorneys' fees and costs, and
the amount by which the unpaid rent for the balance of the term, after the time of court award,
exceeds the amount of such rental loss for the same period that TENANT proves could be
reasonably avoided. Unpaid installments of rent or other sums shall bear interest from due date
thereof at the rate of eighteen percent (18%) per annum or at the maximum legal rate then in
effect in California, whichever is higher. In the event TENANT shall have abandoned the
Premises, LANDLORD shall have the option of (1) taking possession of the Premises and
recovering from TENANT the amount specified in this subparagraph, or (2) proceeding under
the provisions of the following subparagraphs.
B. Maintain TENANT's right to possession, in which case this Lease shall
continue in effect whether or not TENANT shall have abandoned the Premises. In such event,
LANDLORD shall be entitled to enforce all of LANDLORD's rights and remedies under this
Lease, including the right to recover rent as it becomes due hereunder.
C. Pursue any other remedy now or hereafter available to LANDLORD under
the laws or judicial decisions of the State of California. Furthermore, TENANT agrees that no
election by LANDLORD as to any rights or remedies available hereunder or under or pursuant to
any law or judicial decisions of the State of California shall be binding upon LANDLORD until
the time of trial of any such action or proceeding. Notwithstanding the provisions of Section
14.A, above, if an event of default by TENANT occurs, LANDLORD shall not have the right,
prior to the termination of this Lease by a court of competent jurisdiction, to re-enter the
Premises and/or remove persons or property therefrom.
D. Notwithstanding any provision herein to the contrary, a revocation of any
regulatory approval, shall not constitute an electable remedy for purposes of this paragraph 14.
15. Eminent Domain. If more than fifty percent (50%) of the Premises, or
such portion of the Premises necessary for TENANT to operate at the Premises as intended, shall
be taken or appropriated by any public or quasi -public authority under the power of eminent
domain, either party hereto shall have the right, at its option, to terminate this Lease, and
LANDLORD shall be entitled to any and all income, rent, award, or any interest therein
whatsoever which may be paid or made in connection with such public or quasi -public use or
purpose, and TENANT shall have no claim against LANDLORD for the value of any unexpired
term of this Lease. However, Tenant may file a separate claim against the condemning authority
for moving expenses and/or relocation costs. If either less than or more than fifty percent (50%)
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of the Premises is taken, and neither party elects to terminate as herein provided, the rental
thereafter to be paid shall be equitably reduced.
16. Offset Statement. TENANT shall, at any time and from time to time
upon not less than twenty (20) days' prior written notice from LANDLORD, execute,
acknowledge and deliver to LANDLORD a statement in writing (a) certifying that this Lease is
unmodified and in full force and effect or, if modified, stating the nature of such modification
and certifying that this Lease, as so modified, is in full force and effect and the date to which the
rental and other charges are paid in advance, if any, and (b) acknowledging that there are not, to
TENANT's knowledge, any uncured defaults on the part of LANDLORD hereunder, or
specifying such defaults if any are claimed. Any such statement may be relied upon by any
prospective purchaser or encumbrancer of all or any portion of which the Premises are a part.
17. Assignment and Subletting. TENANT shall not sublet all or any portion
of the Premises to any other party or parties. TENANT shall not assign this Lease or any right
hereunder to any other party or parties without first obtaining the written consent of
LANDLORD, which consent shall not be unreasonably withheld, conditioned or delayed. Any
assignment of this Lease without such prior written consent shall be void for all purposes and
LANDLORD may, at its option, declare a forfeiture of the same in any manner provided by law.
Notwithstanding the foregoing, TENANT may assign this Lease without the
consent of LANDLORD to TENANT's principal, subsidiaries of its principal or to any entity
which acquires all or substantially all of TENANT's assets in the market defined by the Federal
Communications Commission in which the Property is located by reason of a merger, acquisition
or other business reorganization; provided such assignee executes a document satisfactory to
LANDLORD evidencing assignee's consent to be bound by all terms of this Lease.
LANDLORD shall not charge TENANT as a condition of approving such document, unless
otherwise required by this Lease or law.
18. Attorney's Fees. In the event that any action or proceeding is brought by
either party to enforce any term or provision of this Lease, the prevailing party shall recover its
reasonable attorneys' fees and costs incurred with respect thereto.
19. Fixtures. All trade fixtures and/or temporary facilities installed in or on
the Premises by TENANT may be removed by TENANT at any time during the term of this
Lease so long as the same may be removed without permanent damage to the Premises.
TENANT shall repair all damage, which may result therefrom to the reasonable satisfaction of
LANDLORD.
20. Indemnification.
A. To the maximum extent permitted by law, TENANT shall defend,
indemnify and hold LANDLORD and each of LANDLORD's elected officials, officers, agents
and employees free and harmless from all claims and liabilities for death, personal injury or other
damage to persons or property by reason of TENANT's negligence or TENANT's acts or
omissions or those of TENANT's employees, contractors, agents, guests or invitees in
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connection with TENANT's use and occupancy of the Premises, except to the extent caused by
Landlord or its employees' or agents' negligent acts or omissions.
B. Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights
that they may possess against TENANT because of the acceptance by LANDLORD, or the
deposit with LANDLORD, of any insurance policy or certificate required pursuant to this
Agreement.
C. Waiver of Right of Subrogation. Except as otherwise expressly provided
in this Agreement, TENANT, on behalf of itself and all parties claiming under or through it,
hereby waives all rights of subrogation against the lndemnitees, 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 TENANT.
D. Survival. The provisions of this Section 20 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 TENANT shall be
conclusive in favor of the Indemnitee's right to recover under this indemnity provision.
21. Insurance.
A. Fire and Extended Coverage — TENANT's Duty to Keep Improvements
Insured. Throughout the term hereof, at TENANT's sole cost and expense, TENANT shall keep
insured, all improvements located on or appurtenant to the Premises against loss or damage by
fire and such other risks as are now or hereafter included in an extended coverage endorsement
in common use for such structures, including vandalism and malicious mischief. The amount of
insurance shall be the then replacement cost, excluding costs of replacing excavations and
foundations but without deduction for depreciation (herein called "full insurable value").
LANDLORD shall not carry any insurance on Tenant's improvement, property or equipment the
effect of which would be to reduce the protection or payment to TENANT under any insurance
that this Lease obligates TENANT to carry.
B. Commercial General Liability Insurance. Throughout the term hereof, at
TENANT's sole cost and expense, TENANT shall keep for the benefit of TENANT, and
including LANDLORD as an additional insured as their interest may appear under this
Agreement, commercial general liability insurance in the amount of Two Million Dollars
($2,000,000) per occurrence for bodily injury and property damage and Four Million Dollars
($4,000,000) general aggregate insuring against claims for bodily injury (including death), or
property damage arising from the use, occupancy, disuse, or condition of the Premises.
C. Policy Form, Contents and Insurer. All insurance required by express
provision of this Lease shall be carried only in responsible insurance companies licensed,
authorized or permitted to do business in the State of California with a current A.M. Best rating
of no less than A -:VII. All such policies shall contain language to the effect that (1) the policies
are primary and noncontributing with any insurance that may be carried by LANDLORD; (2)
any failure by TENANT to comply with reporting or other provisions of the policies including
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breaches of warranties shall not affect the required coverage; and (3) the required insurance
applies separately to each insured against whom claim is made or suit is brought, except with
respect to the limits of the insurer's liability. LANDLORD and each of LANDLORD'S elected
officials, officers and employees are included as an additional insured as their interest may
appear under this Agreement on the general liability policy; TENANT shall furnish
LANDLORD with copies of all certificates and blanket additional insured endorsement(s)
evidencing the insurance. TENANT may effect for its own account any insurance not required
under this Lease.
D. Failure to Maintain Insurance; Proof of Compliance. TENANT shall
deliver to LANDLORD, in the manner required for notices, copies of certificates of insurance
and blanket additional insured endorsements as to all insurance policies required by this Lease,
within the following time limits: (1) For insurance required at the commencement of this Lease,
within ten (10) days after execution of this Lease and prior to TENANT's occupancy of the
Premises; (2) For insurance becoming required at a later date, within twenty (20) days of the
expiration or renewal of such policy.
22. Authority of Parties. Each individual executing this Lease on behalf of
each party represents and warrants that he or she is fully authorized to execute and deliver this
Lease on behalf of such party and that this Lease is binding upon such party in accordance with
its terms.
23. Waiver. The waiver by LANDLORD of any term, covenant or condition
herein contained shall not be deemed to be a waiver of such tern, covenant or condition on any
subsequent breach of the same or any other term, covenant or condition herein contained. The
subsequent acceptance of rent hereunder by LANDLORD shall not be deemed to be a waiver of
any preceding breach by TENANT of any term, covenant or condition of this Lease, other than
the failure of the TENANT to pay the particular rental so accepted, regardless of LANDLORD's
knowledge of such preceding breach at the time of acceptance of such rent.
24. Time. Time is of the essence of this Lease and each and all of its
provisions in which performance is a factor.
25. Late Charges. TENANT hereby acknowledges that late payment by
TENANT to LANDLORD of rent or other sums due hereunder will cause LANDLORD to incur
costs not contemplated by this Lease, the exact amount of which will be extremely difficult to
ascertain. Such costs include, but are not limited to, processing and accounting charges.
Accordingly, if any installment of rent or of a sum due from TENANT shall not be received by
LANDLORD or LANDLORD's designee within ten (10) days after written notice that said
amount is past due, then TENANT shall pay to LANDLORD a late charge equal to ten percent
(10%) of such overdue amount. The parties hereby agree that such late charges represent a fair
and reasonable estimate of the cost that LANDLORD will incur by reason of the late payment by
TENANT. Acceptance of such late charges by LANDLORD shall in no event constitute a
waiver of TENANT's default with respect to such overdue amount, nor prevent LANDLORD
from exercising any of the other rights and remedies granted hereunder.
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26. Inability to Perform. This Lease and the obligations of each party
hereunder (other than the payment of rent by Tenant) shall not be affected or impaired because
such party is unable to fulfill any of obligations hereunder or is delayed in doing so, if such
inability or delay is caused by reason of strike, war, civil insurrection, terrorism, acts of God, or
any other cause beyond the reasonable control of such party.
27. Sale of Premises by LANDLORD. In the event of any sale or
conveyance of the Premises, LANDLORD shall be and hereby is entirely freed and relieved of
all liability under any and all of the covenants and obligations contained in or derived from this
Lease arising out of any act, occurrence or omission occurring after the consummation of such
sale or conveyance. The purchaser, at such sale or any subsequent sale of the Premises, or other
subsequent owner of the Premises, shall be deemed, without any further agreements between the
parties or their successors in interest or between the parties and any such purchaser, to have
assumed and agreed to carry out each and all of the covenants and obligations of LANDLORD
under this Lease.
28. Signs and Lights. Except as required by any law or regulation, TENANT
shall not place any sign upon the Premises without LANDLORD's prior written consent and
approval thereof. TENANT shall not illuminate any communications tower or antenna unless
required by law or as may be approved in writing by LANDLORD.
29. Successors. Subject to the provisions of this Lease with respect to
assignment and subletting, each and all of the covenants and conditions of this Lease shall be
binding on and shall inure to the benefit of the successors of the respective parties.
30. Notices. Except where otherwise required herein, any notice required or
permitted under the terms of this Lease shall be deemed served when personally served on
TENANT or LANDLORD or when the same has been placed in the United States mail, postage
prepaid and addressed as follows:
LANDLORD:
City of Rancho Cucamonga
Attn: Fabian Villenas
10500 Civic Center Drive
P.O. Box 807
Rancho Cucamonga, CA 91729
TENANT:
Los Angeles SMSA Limited Partnership,
d/b/a Verizon Wireless
180 Washington Valley Road
Bedminster, New Jersey 07921
Attention: Network Real Estate
(Site: Chickasaw 5939 East)
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P243
31. Execution by LANDLORD Not a Waiver. TENANT understands and
agrees that LANDLORD, by entering into and executing this Lease, shall not have waived any
right, duty, privilege, obligation or authority vested in the City of Rancho Cucamonga to
approve, disapprove or conditionally approve any application which TENANT may be required
to make under any laws, rules, ordinances or regulations now or hereafter in effect which said
City may be empowered to apply, including, but not limited to any use permit, wireless permit or
approval, whether similar in nature or not.
32. Entire Agreement. This Lease contains the entire agreement between the
parties. No promise, representation, warranty, or covenant not included in this Lease has been or
is relied on by either party. Each party has relied on its own examination of this Lease, the
counsel of its own advisors, and the warranties, representations, and covenants in the Lease
itself. The failure or refusal of either party to inspect the Premises or improvements, to read the
Lease or other documents or to obtain legal or other advice relevant to this transaction constitutes
a waiver of any objection, contention, or claim that might have been based on such reading,
inspection, or advice.
33. Applicable Law and Venue. Any action brought to enforce any
provision of this Lease shall be brought in the Superior Court of the County of San Bernardino,
and the same shall be governed, except to the extent within the exclusive jurisdiction of the
Federal Communications Commission, by the laws of the State of California.
34. Termination. Notwithstanding anything to the contrary contained herein,
provided TENANT is not in default hereunder and shall have paid all rents and sums due and
payable to the LANDLORD by TENANT, TENANT shall have the right to terminate this Lease
upon the annual anniversary of this Lease provided that two (2) month's prior notice is given the
LANDLORD. In connection with such termination by TENANT, TENANT shall pay a
termination fee equal to the lesser of six (6) monthly installments of annual rent due or the
balance of the annual rent due for the remaining term of the Lease.
35. Light Standard. TENANT shall have the right to remove the existing
light pole at the Light Pole Space ("Existing Light Pole") and install a new light pole (the "Light
Pole") at the Light Pole Space and must do so between November 13, 2017 and February 12,
2018. TENANT shall discard the Existing Light Pole unless otherwise notified by LANDLORD
in writing to TENANT prior to TENANT's removal of the Light Pole. TENANT may place its
antennas and other equipment on the Light Pole at the locations shown in Exhibits "A" and/or
A. TENANT shall remove the existing light fixture on the Existing Light
Pole and place, at TENANT's expense, the same on the Light Pole. TENANT is also required,
at its expense, to align and aim the lights per TENANT's satisfaction. The Light Pole and all
antennas and other equipment installed by TENANT (excluding the light fixture) shall at all
times remain the personal property of TENANT.
B. If TENANT fails to install the new light pole during the time between
November 13, 2017 and February 12, 2018, it may only do so upon the LANDLORD's prior
written approval, which shall not be unreasonably withheld, and subject to such reasonable
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91487541.1
conditions as the LANDLORD may require, including but not limited to the following
conditions:
(1) Within 24 hours of removing the Existing Light Pole or any
replacement or otherwise disabling the same in preparation for removal or replacement,
TENANT must erect a new Light Pole and fully functioning light fixture or a temporary light
pole and fully functioning light fixture to LANDLORD's satisfaction. The purpose of this
requirement is to ensure that LANDLORD and its residents are not deprived of the customary
use of City property due to the absence of a fully functioning light fixture.
(2) To secure TENANT's obligations under the preceding paragraph,
TENANT shall submit a security in the form of a cash deposit with the City, or a cashier's check,
or certified check made payable to the City, in an amount not less than $ 10,000. Personal or
company checks are not acceptable. LANDLORD shall be authorized to execute and
immediately utilize the foregoing security without notice to TENANT should TENANT fail to
comply with TENANT's obligations under the preceding paragraph. LANDLORD shall be
authorized to draw from the foregoing security to reimburse LANDLORD for reasonable labor
costs incurred by LANDLORD for the operation and installation of the new Light Pole and fully
functioning light fixture or the temporary light pole and fully functioning light fixture at a rate of
$100 per hour.
C. TENANT shall maintain the Light Pole, but not the light fixture, for the
duration of this Lease, which maintenance shall be subject to periodic review and approval by
LANDLORD, which approval may not be unreasonably withheld, conditioned or delayed. Upon
inspection by LANDLORD, should LANDLORD determine that TENANT's maintenance of the
Light Pole fails to comply with commercially reasonable standards, LANDLORD shall provide
notice to TENANT of identified needed maintenance to Light Pole in writing, or by telephone to
800-264-6620. Upon notification by LANDLORD to TENANT of needed maintenance to Light
Pole, TENANT shall have thirty (30) days to perform maintenance. Should TENANT fail to
bring the Light Pole into compliance with commercially reasonable standards within thirty (30)
days' notice by LANDLORD, LANDLORD shall have the right to repair the Light Pole and
TENANT shall, upon notification by LANDLORD, reimburse LANDLORD for all costs
associated with maintenance of the Light Pole. LANDLORD shall have twenty-four (24) hour
access to light pole for the purpose of maintaining, adjusting and aiming the light fixtures. The
cost of the electricity to power the light fixture, but not TENANT's equipment, shall be paid by
LANDLORD. LANDLORD, in maintaining and operating the light fixture, shall in no way
disturb or access TENANT's antennas and other equipment on the Light Pole. Upon the
termination of this Lease, the Light Pole (but not TENANT's antennas and other equipment)
shall become the property of LANDLORD, without the necessity of any further documentation.
Upon termination of this Lease and prior to acceptance of the Light Pole by LANDLORD,
LANDLORD shall have the right to have the Light Pole inspected, at LANDLORD's sole cost
and expense, and any damage caused by TENANT or TENANT's agents, normal wear and tear
excepted, shall be remedied to the satisfaction of the LANDLORD.
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IN WITNESS WHEREOF, the parties, through their respective authorized
representatives, have executed this Lease hereto effective as of the date last written below.
"TENANT"
LOS ANGELES SMSA
LIMITED PARTNERSHIP,
a California limited partnership, d/b/a
Verizon Wireless, by AirTouch Cellular Inc.,
a California corporation, its General Partner
By:
Its:
Date:
Landlord's Address, Phone and Fax:
City of Rancho Cucamonga
10500 Civic Center Drive
P.O. Box 807
Rancho Cucamonga, CA 91729
Tel: (909) 477-2700
Fax: (909) 477-2846
Tax I.D. No: 95-3213002
Conwmnications Fad* Ground Lease
1 123 1-0001 \ 1921616v6.doc
91487541.1
"LANDLORD"
CITY OF RANCHO CUCAMONGA,
a municipal corporation
By:
Its:
Date:
Tenant's Address, Phone and Fax:
Los Angeles SMSA Limited
Partnership, d/b/a Verizon Wireless
One Verizon Way, Mail Stop 4AW100,
Basking Ridge, New Jersey 07920
(telephone number 866-862-4404),
Tax I.D. No: 33-0033922
Approval: Buyer 11, Purchasing
Alternate, Risk Mgmt Coordinator
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P245
EXHIBIT "A"
THE PREMISES
(See Attached)
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P247
LEASE EXHIBIT - VzT CHICKASAW - 5939 EAST AVENUE, RANCHO CUCAMONGA, CALIFORNIA 91739
NORTH
0
T
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EAST AVENUE
Z
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100
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7m
627'-0" FROM TOWER TO WEST PROPERTY LINE
340•-4' FROM TOWER TO
SOUTH PROPERTY LINE
276•-6' FROM LEASE AREA 70
SOUTH PROPERTY LINE
z
273•-5" FROM TOWER TO
NORTH PROPERTY UNE
335-4" FROM LEASE AREA TO
NORTH PROPERTY LINE
r
EXHIBIT "A-1"
THE PROPERTY
(See Attached)
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LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL NO. 1:
BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST ONE-QUARTER OF THE NORTHEAST ONE-
QUARTER OF SECTION 28, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN, IN THE
CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO
OFFICIAL GOVERNMENT TOWNSHIP PLAT APPROVED BY THE SURVEYOR GENERAL ON DECEMBER 17,
1874, THENCE EAST 1320.00 FEET; THENCE SOUTH 562.00 FEET; THENCE WEST 1320.00 FEET; THENCE
NORTH 562.00 FEET TO THE POINT OF BEGINNING.
ALSO SHOWN AS A PORTION OF LOTS 11 AND 12, BLOCK "A" ETIWANDA COLONY LANDS, IN THE COUNTY
OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 2, PAGE 24, OF MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL NO. 2:
BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST ONE-QUARTER OF THE NORTHEAST ONE-
QUARTER OF SECTION 28, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN, IN THE
CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO
OFFICIAL GOVERNMENT TOWNSHIP PLAT APPROVED BY THE SURVEYOR GENERAL 280.00, DECEMBER 17,
1874; THENCE EAST 1320.00 FEET; THENCE SOUTH APPROXIMATELY 632.00 FEET TO A ROW OF
EUCALYPTUS TREES; THENCE WESTERLY ALONG SAID ROW OF EUCALYPTUS TREES 1320.00 FEET;
THENCE NORTH APPROXIMATELY 597.00 FEET TO THE POINT OF BEGINNING:
EXCEPT THE NORTH 562.00 FEET THEREOF, AND EXCEPT THE EAST 280.00 FEET THEREOF.
APN: 0225-131-22-0-000
EXHIBIT "B"
SITE PLANS
(See Attached)
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P258
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: October 18, 2017
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Jennifer Hunt Gracia, Community Services Director
Jeff Benson, Management Analyst II
SUBJECT: CONSIDERATION TO APPROPRIATE FUNDS FOR ADDITIONAL
CONSTRUCTION SERVICES BY RJM DESIGN GROUP, INC. FOR THE
RANCHO CUCAMONGA SPORTS CENTER REPLACEMENT PROJECT IN
THE AMOUNT OF $188,610
RECOMMENDATION:
Staff recommends the City Council approve an appropriation of funds for additional services
including construction documents for increased scope of work and construction administration
conducted by RJM Design Group, Inc. for the Rancho Cucamonga Sports Center Replacement
Project in the amount of $188,610.
BACKGROUND:
The City Council approved funding on July 15, 2015 for the design development and construction
document services for the Rancho Cucamonga Sports Center Replacement Project in the amount
of $1,170,970 with a 10% contingency of $117,100 for a total of $1,288,070. The scope of work
encompassed project initiation, schematic design, design development, construction documents
and assistance during the bidding process and throughout construction. Construction began in
Winter 2017 and completion is anticipated for Summer 2018.
ANALYSIS:
As the design development and construction document phases evolved, a number of items were
added to the project scope that were not a part of RJM's original bid. The costs for the additional
work have been finalized and staff is requesting an appropriation of additional funds to cover the
total sum of the changes to the project.
The additional services and incurred extra cost are associated with the following: a standby
generator, bid alternates for outdoor court facility, an increase in RJM's reimbursable expense
allowance, private underground fire service installation plan, architect on-site job meetings for the
duration of the construction period, additional building structural engineer inspections, monument
sign revisions, existing accessible curb ramp and gutter retrofit, and the installation of two (2) dual
electric vehicle charging stations.
Page 1 of 2
CITY COUNCIL STAFF REPORT
CONSIDERATION TO APPROVE APPOPRIATION OF FUNDS FOR ADDITIONAL SERVICES
RELATED TO RACHO CUCAMONGA SPORTS CENTER REPLACEMENT PROJECT
OCTOBER 18, 2017
FISCAL IMPACT:
An appropriation in the amount of $188,610 from the Park Development Fund (Fund 120) to
Account 1120401-5650/1896120-0 (Park Development Fund - Capital Project) is required to fully
fund the project. This will increase the total cost of the contract to $1,476,680.
Date Description
Amount Contingency
Total Amount
Budgeted
7/15/2015 Original Contract Agreement $1,170,970 $117,100 $1,288,070
10/18/2017 Addition Services Agreement $188,610
$0.00 $188,610
Total Project
Budget
$1,476,680
COUNCIL GOAL(S) ADDRESSED:
This addresses the Council Goal A9 under Parks & Recreation Development, which is to complete
the construction and begin occupancy of the new community RC Sports Center; increase the
City's disaster resiliency with the RCSC serving as the primary evacuation center during a
catastrophic event.
ATTACHMENTS:
N/A
Page 2of2
P259
DATE:
TO:
FROM:
INITIATED BY:
SUBJECT:
October 18, 2017
Mayor and Members of the City Council
John R. Gillison, City Manager
Candyce Burnett. City Planne
P260
CITY OF RANCHO CUCAMONGA
STAFF REPORT
CONSIDERATION TO EXECUTE A COOPERATIVE AGREEMENT
BETWEEN THE SAN BERNARDINO COUNTY FLOOD CONTROL
DISTRICT AND THE CITY OF RANCHO CUCAMONGA TO
FACILITATE THE REIMBURSEMENT OF $278,000 TO THE CITY FOR
MICHAEL BAKER INTERNATIONAL'S SCOPE OF WORK FOR THE
NORTH EASTERN SPHERE ANNEXATION PROJECT.
RECOMMENDATION:
Staff recommends the City Council execute the cooperative agreement between the San
Bernardino County Flood Control District and the City of Rancho Cucamonga, to facilitate
reimbursement for Michael Baker International's scope of work in an amount not to exceed
$278,000, for consultant services for the North Eastern Sphere Annexation Project (NESAP).
BACKGROUND:
In January 2015. the City Council reaffirmed the goal of pre -zoning and annexation for a 4.115 -
acre portion of the City's Sphere of Influence and to obtain consultant services to assist City staff
with the project. The area to be annexed is currently within the jurisdiction of the County of San
Bernardino and generally located north of State Route 210 and east of Haven Avenue to the City's
easterly boundary (Attachment 1 — Vicinity Map) The North Eastern Sphere Annexation Project
consists of 4,115 acres of mostly undeveloped land that is envisioned with an approximate
2,915acre conservation priority area and approximate 1,200 acre development priority area.
On May 20. 2015, the City Council executed a Professional Services Agreement (PSA) with
Sargent Town Planning for preparation of the NESAP. The project team is led by Sargent Town
Planning as the prime consultant with Dudek, Michael Baker International, Raimi Associates, and
Lisa Wise Consulting, et al, as sub -consultants. The sub -consultants provide supporting
environmental, engineering, and market analysis documentation.
On November 4, 2015, the City Council executed the first addendum to the PSA. The addendum
was necessary as the overall project scope of work was revised due to feedback from the US
Fish and Wildlife Service (USFWS) and California Department of Fish and Wildlife (CDFW)
indicating that surveys of the project area for the San Bernardino Kangaroo Rat (SBKR) were
required.
On July 19, 2017, the City Council approved a second addendum to the Professional Services
Agreement (PSA) with Sargent Town Planning, Inc., in an amount not to exceed $951,497, and
Page 1 of 3
CITY COUNCIL STAFF REPORT
COOPERATIVE AGREEMENT- SAN BERNARDINO COUNTY & CITY OF RANCHO
CUCAMONGA
OCTOBER 18, 2017
amended the Contract Scope of Services, for consultant services for the Project (NESAP). The
amended Scope of Services included additional work by Sargent Town Planning, Dudek, Michael
Baker International and Lisa Wise Consulting. The changes to the scope of work and budget
included the following:
• Sargent Town Planning (STP) is the prime consultant responsible for project
management, urban planning and design, and public outreach. Additional work by STP is
related to the increased complexity of the environmental mitigations, and the coordination
of the technical work related to the additional environmental, engineering, and market
analysis components. Staff recommends providing STP $245,619.11 in additional funding
to support completion of the NESAP.
• Dudek is responsible for environmental documentation, mapping and baseline studies,
infrastructure analysis and planning, and annexation support. Additional work by Dudek
will include biological resource assessment, hydrologic assessment, and additional
California Environmental Quality Act (CEQA) review. Staff recommends providing STP
$414,878.00 in additional funding to support Dudek's additional work in completion of the
NESAP.
• Michael Baker International (MBI) provides support for land development and grading,
mining assessment, hazards assessment, and mapping. Additional work by MBI will
include developing a proper topographic and boundary survey in preparation of a
Tentative Tract Map to subdivide the development priority area. Staff recommends
providing STP $278,000.00 in additional funding to support MBI's work in completion of
the NESAP.
• Lisa Wise Consulting (LWC) provides support for commercial and residential market
analysis and the transfer of development rights. Additional work by LWC will include a
more detailed conservation and mitigation transfer/credit program in a higher level of detail
than originally proposed. Staff recommends providing STP $13,000.00 in additional
funding to support LWC's work in completion of the NESAP.
On August 2, 2017, the City Council approved the appropriation of the additional $951,497 from
the Sphere of Influence Reserve account. The proposed addendum to the PSA and scope of work
and budget will enable Sargent Town Planning to fully complete the Specific Plan and
Environmental Impact Report (EIR) and all related components of the project.
ANALYSIS:
The project area is largely within the City's Sphere of Influence and the San Bernardino County
Flood Control District is the primary land owner within the 1,200 -acre development priority area.
The scope of work to be performed by Michael Baker International is for the purpose of developing
a grading map, topographic and boundary survey, and Tentative Tract Map to establish the
potential development parcels and conservation parcels within the development priority area. This
subdivision is necessary to analyze potential impacts of the project in the EIR. The San
Bernardino County Flood Control District agreed to reimburse the City the $278,000 to cover
these costs.
Page 2of3
P261
CITY COUNCIL STAFF REPORT
COOPERATIVE AGREEMENT- SAN BERNARDINO COUNTY & CITY OF RANCHO
CUCAMONGA
OCTOBER 18, 2017
FISCAL IMPACT:
City funding for the NESAP is provided from the Sphere of Influence Issues Reserve fund. The
San Bernardino County Flood Control District is the primary land owner within the NESAP
development priority area and as such, the County of San Bernardino has agreed to reimburse
the City $278,000.00 in engineering costs related to the preparation of the project Tentative Tract
Map.
COUNCIL GOAL(S) ADDRESSED:
The project supports the Council Goal of Mid- to Long-range planning by reviewing and identifying
development, mitigation, preservation, and annexation potential in the Sphere area.
ATTACHMENTS:
Attachment 1 — Cooperative Agreement
CB:Is
Page 3of3
P262
San Bernardino County
Flood Control District
FAS
STANDARD CONTRACT
P263
FOR OFFICIAL USE ONLY
THIS AGREEMENT is entered into in the State of California by and between the SAN BERNARDINO COUNTY FLOOD
CONTROL DISTRICT, hereinafter called the DISTRICT, and
Name
City of Rancho Cucamonga
Address
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
Telephone Federal ID No or Social Security No
(909) 477 - 2740 Ext. 4037
IT IS HEREBY AGREED AS FOLLOWS:
hereinafter called CITY
WHEREAS, the DISTRICT and the CITY may hereinafter be individually referred to as a "PARTY'. and collectively
referred to as the "PARTIES"; and
WHEREAS, the DISTRICT is the fee title owner of certain parcels generally referred to as the Day Creek
Spreading Grounds, as set forth in more detail in Exhibit "A," (PROPERTY), located within the CITY's sphere of
influence; and
WHEREAS, the CITY is undertaking the North Eastern Sphere Annexation project (PROJECT), which includes
the CITY's amendment of its General Plan, amendment to the Etiwanda North Specific Plan, revisions to its
Development Code and Zoning Map, the development of a new Specific Pian, and the completion of all
environmental documentation for the PROJECT, including all technical studies for the PROJECT; and
Auditor-Controller/Treasurer/Tax Collector Use Only
❑ Contract Database ❑ FAS
Input Date
Keyed By
ATTACHMENT 1
Page 1 of 8
New
Change
Cancel
FAS Vendor Code
V V
SC
Dept.
A
!1
Contract Number
•
■
ePro
Flood Control District
Vendor Number
ePro Contract Number
Dept. Orgn.
091 091
Contractor's License No.
Contract Representative Telephone
Kevin Blakeslee (909)387-7906
Total Contract Amount
$278,000
Contract Type
fl Revenue rl Encumbered f Unencumbered rl Other:
If not encumbered or revenue contract type, provide reason:
Commodity Code
Contract Start Date
Contract End Date
Original Amount
$
Amendment Amount
$
Fund
RFA
Dept.
091
Organization
091
Appr.
Obj/Rev Source
8842
GRC/PROJ/JOB No
xxx
Amount
$278,000
Fund
Dept.
Organization
Appr.
Obj/Rev Source
GRC/PROJ/JOB No.
Amount
$
Fund
Dept.
Organization
i
Appr.
Obj/Rev Source
GRC/PROJ/JOB No.
Amount
$
Project Name
Day Creek Spreading Grounds
— Specific Plan and Tentative
Tract Map
Estimated Payment Total by Fiscal Year
FY Amount I/D FY Amount I/D
17/18 $278,000
THIS AGREEMENT is entered into in the State of California by and between the SAN BERNARDINO COUNTY FLOOD
CONTROL DISTRICT, hereinafter called the DISTRICT, and
Name
City of Rancho Cucamonga
Address
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
Telephone Federal ID No or Social Security No
(909) 477 - 2740 Ext. 4037
IT IS HEREBY AGREED AS FOLLOWS:
hereinafter called CITY
WHEREAS, the DISTRICT and the CITY may hereinafter be individually referred to as a "PARTY'. and collectively
referred to as the "PARTIES"; and
WHEREAS, the DISTRICT is the fee title owner of certain parcels generally referred to as the Day Creek
Spreading Grounds, as set forth in more detail in Exhibit "A," (PROPERTY), located within the CITY's sphere of
influence; and
WHEREAS, the CITY is undertaking the North Eastern Sphere Annexation project (PROJECT), which includes
the CITY's amendment of its General Plan, amendment to the Etiwanda North Specific Plan, revisions to its
Development Code and Zoning Map, the development of a new Specific Pian, and the completion of all
environmental documentation for the PROJECT, including all technical studies for the PROJECT; and
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WHEREAS, DISTRICT and CITY desire to cooperate in the development of a Specific Plan and Tentative Tract
Map that encompasses the PROPERTY; and
WHEREAS, the CITY has procured and contracted with a consultant, Michael Baker International,
(CONSULTANT) in accordance with applicable State and City procurement laws and policies, to provide the CITY
with professional consulting services related to the PROJECT, including Specific Plan civil engineering and a
Tentative Tract Map for the DISTRICT's PROPERTY (PROPERTY SERVICES); and
WHEREAS, the provision of PROPERTY SERVICES by CONSULTANT benefits the DISTRICT by adding value
to the DISTRICT's PROPERTY at a reduced cost to the DISTRICT due to economies of scale resulting from the
CONSULTANT's performance of services for the overall PROJECT; and
WHEREAS, the CITY shall undertake and complete all environmental review for the PROJECT, which shall
include the Specific Plan and Tentative Tract Map, in compliance with the California Environmental Quality Act
(Public Resources Code section 21000 et seq.) and the Guidelines (California Code of Regulations, Title 14,
Division 6, Chapter 3, Sections 15000-15387) (CEQA); and
WHEREAS, CONSULTANT is assisting in the preparation of an environmental impact report (EIR) for the
PROJECT; and
WHEREAS, the CITY is the PROJECT lead agency for the purposes of CEQA; and
WHEREAS, pursuant to this cooperative AGREEMENT, the DISTRICT is a responsible agency under CEQA; and
WHEREAS, DISTRICT desires to enter into this cooperative AGREEMENT to outline the terms and conditions
under which the CITY will retain the services of CONSULTANT to provide PROPERTY SERVICES; and
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1.0 DISTRICT AGREES TO:
1.1 Within thirty (30) days of the EFFECTIVE DATE, as defined in Section 3.1, DISTRICT shall pay, as a
deposit to the CITY, two hundred and seventy-eight thousand dollars ($278,000), which represents the
estimated, actual cost of CONSULTANT's PROPERTY SERVICES, as set forth in more detail in
Section 2.0 below. Said amount may be increased or decreased by the mutual written agreement of
the PARTIES.
1.2 Work cooperatively with CITY and CONSULTANT in supplying all information the DISTRICT has
relative to the PROPERTY and the PROPERTY SERVICES to be provided by the CONSULTANT.
2.0 CITY AGREES TO:
2.1 Comply with any and all applicable environmental laws, including but not limited to, CEQA, and shall
retain the services of qualified consultants to provide all required research and documentation required
for such compliance, provided that a judicial determination that the City has failed to proceed in
accordance with CEQA or other applicable law (except any and all laws relating to conflicts of interest,
collusion, fraud, corruption, or violations of criminal law) shall not be construed as a material breach of
this Agreement. CITY shall be responsible for all costs of the initial study as required for environmental
compliance. The CITY shall be the lead agency for the purposes of filing any and all required
documents and obtaining the relevant approvals. CITY shall bear its own costs incurred solely in its
capacity as the lead agency under CEQA.
2.2 Designate the DISTRICT as a responsible agency for the PROJECT in the CEQA documents.
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2.3 CITY shall not utilize the services of another consultant for the provision of PROPERTY SERVICES
under this AGREEMENT without first obtaining DISTRICT's written approval, which shall not be
unreasonably withheld.
2.4 Manage, oversee, and be responsible for the CONSULTANT's PROPERTY SERVICES, subject to the
DISTRICT's oversight and input, including, but not limited to, review and approve the Specific Plan and
Tentative Tract Map for the PROPERTY, which final draft documents shall be first reviewed and
approved by the DISTRICT, in its sole discretion, prior to submittal through the administrative
processes required for the CITY's consideration and approval. DISTRICT's decision to not approve the
final draft documents shall not constitute grounds for a refund of DISTRICT's deposit.
2.5 Promptly review and pay CONSULTANT's invoices and be responsible for promptly resolving any
payment or performance disputes with CONSULTANT.
2.6 Promptly provide DISTRICT with copies of all work product produced by the CONSULTANT pursuant
to this AGREEMENT.
2.7 Provide monthly status reports to the DISTRICT. Reports shall include all activities performed by
CONSULTANT to date, amounts invoiced by CONSULTANT for the previous month and to date, and
monies spent by CITY to date. Status reports are due to the DISTRICT on the 10th day of each month,
until the PROPERTY SERVICES are deemed complete by the DISTRICT.
2.8 Submit to DISTRICT a final itemized accounting of actual costs incurred by CITY for the provision of
PROPERTY SERVICES by CONSULTANT within thirty (30) days of either the completion of the
PROPERTY SERVICES or the earlier termination of the AGREEMENT pursuant to Section 3.3. In the
event the actual cost of the PROPERTY SERVICES is less than the amount advanced by DISTRICT,
CITY shall promptly refund to DISTRICT the difference.
2.9 It is understood and agreed that, pursuant to Government Code Section 895.4, the DISTRICT shall fully
defend, indemnify and save harmless CITY, its officers, employees and contractors from all claims,
suits or actions of every name, kind and description brought for or on account of injury occurring by
reason of anything done or omitted to be done by the DISTRICT under or in connection with any work,
authority or jurisdiction delegated to DISTRICT under this AGREEMENT.
It is understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully defend,
indemnify and save harmless the DISTRICT, the COUNTY, and their officers, employees and
contractors from all claims, suits or actions of every name, kind and description brought for or an
account of injury occurring by reason of anything done or omitted to be done by CITY under or in
connection with any work, authority or jurisdiction delegated to CITY under this AGREEMENT.
In the event, the DISTRICT and/or CITY is found to be comparatively at fault for any claim action, loss
or damage which results from their respective obligations under this AGREEMENT, the DISTRICT
and/or CITY shall indemnify the other to the extent of its comparative fault. Furthermore, if the
DISTRICT or CITY attempts to seek recovery from the other for Workers' Compensation benefits paid
to an employee, the DISTRICT and CITY agree that any alleged negligence of the employee shall not
be construed against the employer of that employee.
DISTRICT and CITY are authorized self-insured public entities for purposes of Professional Liability,
General Liability, Automobile Liability and Workers' Compensation and warrant that through their
respective programs of self-insurance, they have adequate coverage or resources to protect against
liabilities arising out of the performance of the terms, conditions or obligations of this AGREEMENT.
2.10 CITY shall establish and maintain on a current basis an adequate accounting system in accordance
with Generally Accepted Accounting Principles. CITY shall make all records pertaining to services
delivered and all fiscal, statistical and management books and records relating solely to this agreement
available for examination and audit by DISTRICT representatives for a period of three years after final
Revised 1/8/13 Page 3 of 8
payment under the AGREEMENT or until all pending DISTRICT, State and Federal audits are
completed, whichever is later.
3.0 TERM
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3.1 The Term of this AGREEMENT shall commence on the later of the dates that it is signed and approved
by authorized representatives of both CITY and DISTRICT (EFFECTIVE DATE).
3.2 Unless this AGREEMENT is terminated early as set forth in Section 3.3, this AGREEMENT shall
terminate upon the earlier of (1) five years from the EFFECTIVE DATE or (2) the DISTRICT's
determination that the PROPERTY SERVICES have been completed. The obligations described in
Sections 2.6, 2.9, 2.12, and 2.13 shall survive termination of this AGREEMENT.
3.3 Termination of this AGREEMENT may be initiated at any time by either PARTY, without cause, upon
giving the other PARTY ten (10) calendar days' written notice. Upon receipt of termination notice, CITY
shall promptly direct CONSULTANT to discontinue services and provide any and all work product to
DISTRICT, unless the notice directs otherwise. The CITY may utilize the DISTRICT's deposit to pay for
CONSULTANT's PROPERTY SERVICES rendered and expenses incurred prior to the effective date
of termination specified in the notice. Upon termination pursuant to this Section, CITY shall provide a
final accounting and, if applicable, refund of deposit amounts, pursuant to Section 2.9.
4.0 CEQA
4.1 The PARTIES approval of this AGREEMENT, and any obligations of the PARTIES under this
AGREEMENT, are conditioned upon CITY's future compliance with CEQA, including, but not limited to,
a determination that the environmental impacts of the PROJECT, including the PROPERTY
SERVICES, have been adequately considered and mitigated in compliance with CEQA and any and all
applicable environmental laws. The PARTIES' approvals of this AGREEMENT do not limit the ability of
the PARTIES to consider alternatives to the PROJECT or the PROPERTY SERVICES pursuant to
CEQA. CITY will file a Notice of Determination under Title 14 of the California Code of Regulations
section 15094, following adoption of any environmental document or environmental determination for
the PROJECT or PROPERTY SERVICES.
5.0 GENERAL PROVISIONS
5.1 The recitals are incorporated into the body of this AGREEMENT by this reference.
5.2 Time is of the essence for each and every provision of this AGREEMENT.
5.3 All payments shall be made via electronic funds transfer (EFT) directly deposited into the PARTIES
designated checking or other bank account. PARTIES shall promptly comply with directions and
accurately complete forms provided to process EFT payments.
5.4 No supplement, modification, assignment, or amendment of this AGREEMENT shall be binding unless
executed in writing and signed by authorized representatives of the PARTIES.
5.5 All notices, approvals, consents or other documents required or permitted under this AGREEMENT
shall be in writing and, except as otherwise provided herein, shall be effective upon personal delivery or
three days after deposit in the United States mail, certified, with first class postage fully prepaid,
addressed as follows:
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
Attn: Jerry Dyer
San Bernardino County Flood
Control District
825 East Third Street
San Bernardino, CA 92415-0835
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Attn: Kevin Blakeslee
5.6 No waiver of any default under this AGREEMENT shall constitute a waiver of any other default or
breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service
voluntarily given or performed by a PARTY shall give the other PARTY any contractual rights by
custom, estoppel, or otherwise.
5.7 This AGREEMENT shall be governed by the laws of the State of California. If a court of competent
jurisdiction declares any portion of this AGREEMENT invalid, illegal, or otherwise unenforceable, the
remaining provisions shall continue in full force and effect, unless the purpose of this AGREEMENT is
frustrated. Any dispute or action to enforce any obligation under this AGREEMENT shall be filed and
resolved in the appropriate Superior Court in the County of San Bernardino, California. In the event of
litigation arising from this AGREEMENT, each PARTY to the AGREEMENT shall bear its own costs,
including attorney's fees.
5.8 This AGREEMENT may be signed in counterparts, each of which shall constitute an original.
5.9 Because the PARTIES or their agents have participated fully in the preparation of this AGREEMENT,
the language of this AGREEMENT shall be construed simply, according to its fair meaning, and not
strictly for any or against any PARTY.
5.10 Any term referencing time, days or period for performance shall be deemed calendar days. The
captions of the various articles and paragraphs are for convenience and ease of reference only, and do
not define, limit, augment, or describe the scope, content, or intent of this AGREEMENT.
5.11 All of DISTRICT's revenues as defined below, have been pledged to secure the payment of the
principal and interest on certain bonds and refunding bonds ("Bonds") issued by the DISTRICT in May
2007. The pledge constitutes a first lien on the revenues for the payment of the Bonds. Any payments
under this AGREEMENT are subject to the prior pledge of revenues described above. DISTRICT
payments pursuant to this AGREEMENT will be made to the extent there are sufficient funds available
after payment of the Bonds. For purposes of this paragraph, "revenues" shall mean all income and
revenue received by the DISTRICT from the operation or ownership of the flood and storm water
control and conservation facilities ("Flood Control System") of the DISTRICT (including but not limited
to, all real and personal property, or any interest therein, and all additions, improvements, betterments
and extensions thereto), determined in accordance with Generally Accepted Accounting Principles,
including all ad valorem property taxes received by the DISTRICT pursuant to Article XIIIA of the
Constitution of the State of California and Section 95 et seq. of the California Revenue and Taxation
Code, all rents, royalties and license and permit fees and charges received by the DISTRICT,
investment income and all other money howsoever derived by the DISTRICT from the operation or
ownership of the Flood Control System or arising from the Flood Control System, but excluding (a) ad
valorem property taxes levied to pay any voter approved general obligation indebtedness of the
DISTRICT, (b) assessments levied pursuant to Section 43-7 or Section 43-26.9 of the San Bernardino
County Flood Control Act (Cal. Water Code App. Sect. 43-1 et seq.), and (c) grants, advances or
contributions in aid of construction, except to the extent such grants are unrestricted and available for
any expenditure of the DISTRICT.
5.12 In the performance of the AGREEMENT, CITY, its agents, employees, consultants, and
contractors, shall act in an independent capacity and not as officers, employees, or agents of the
DISTRICT.
5.13 This AGREEMENT shall inure to the benefit of and be binding upon the successors and assigns of
all PARTIES.
5.14 This AGREEMENT contains the entire agreement of the PARTIES with respect to the subject
matter hereof, and supersedes all other prior negotiations, understandings or contracts.
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P268
IN WITNESS WHEREOF, this AGREEMENT has been fully executed on behalf of the DISTRICT by its duly
authorized representative and the CITY has caused the same to be executed in its name and on its behalf by its
duly authorized representative.
CITY OF RANCHO CUCAMONGA
ao-
Name
(Authorized signature - sign in blue ink)
Title Mayor
Dated: , 2017
Address: 10500 Civic Center Drive
Rancho Cucamonga, CA 91730
Attn: Candvice Burnett
Approved as to Legal Form
Attested by City Clerk
James L. Markman
City Attorney
Date
SAN BERNARDINO COUNTY
FLOOD CONTROL DISTRICT
City Clerk
Date
Robert A. Lovingood, Chairman, Board of Supervisors
Dated:
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD
Laura H. Welch, Clerk
By
Deputy
Approved as to Legal Form
Sophie A. Akins, Deputy County Counsel
Date
Reviewed by Contract Compliance
►
Date
Presented to Board for Signature
N. -
Date Date
Revised 1/8/13 Page 6 of 8
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EXHIBIT "A"
PROPERTY DESCRIPTION
[ATTACHED BEHIND THIS COVER PAGE]
Revised 1/8/13 Page 7 of 8
NORTH EASTERN SPHERE ANNEXATION
REIMBURSEMENT AGREEMENT PROPERTY DESCRIPTION
P270
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OPEN SPACE EASEMENT
Date of aerial imagery - 2015
N.T.5.
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EXHIBIT "B"
PROPERTY SERVICES
[ATTACHED BEHIND THIS COVER PAGE]
Revised 1/8/13 Page 8 of 8
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EXHIBIT A
SCOPE OF SERVICES
SPECIFIC PLAN CIVIL ENGINEERING AND TENTATIVE TRACT MAP
Under our current consultant services agreement, Michael Baker International ("Consultant or
"Michael Baker") shall perform the following Scope of Services in support of the Specific Plan for
the North Eastern Sphere Annexation in Rancho Cucamonga, California.
This addendum is for work that has been requested as follows:
• Specific Plan Civil Engineering
• Tentative Tract Map
During the previous authorizations, Michael Baker has provided grading support, SMARA
assistance, hazards support and constraints mapping. The majority of the support has been for
high-level preliminary grading design for the 1,200 -acre development area, including the open
space drainage area that bisects the site. Tasks yet to be completed under the initial authorization
include the LAFCO Legal Exhibit task and the SMARA and Hazards support tasks.
The goal of the next phase(s) of work will be to complete the LAFCO process by March 2018. This
is due to anticipated staff changes at the County of San Bernardino and LAFCO as well as possible
changes in City Council members during elections later in 2018. Other goals include completing a
Specific Plan for the 1,200 -acre development along with a conveyance tentative map for the City to
be able to sell off portions of the development site to residential or commercial builders.
The current development plan, dated April 17, 2017, includes approximately 3,000 dwelling units
and 406k square feet of non-residential/commercial development.
Sargent Town Planning will prepare the preliminary lot layout and grading plan for the development
area. Michael Baker will then prepare the final lot layout and grading plan after the City's review.
A preliminary drainage master plan is required. Another team member (presumably Dudek) will be
completing hydrology drainage design for the conservation areas and Michael Baker will complete
the drainage master plan for the neighborhood areas.
TASK 1.0 - COMPILE RECORD BOUNDARY
Michael Baker will compile the record boundary for the proposed development area. Existing record
mapping will be obtained and calculated to compile the record boundary in CAD. This task does
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not include boundary surveys or Record of Survey to confirm/establish the boundary in the field.
However these services can be provided under a future authorization if requested.
TASK 2.0 - AERIAL TOPOGRAPHIC MAPPING
Michael Baker shall prepare an aerial topographic map of the project site, at a scale of 1"=40', with
one foot contour intervals in CAD. The area mapped will include the property and approximately
100 feet outside of the property boundary. The work shall include:
• Color ortho-rectified photo of the site.
• Aerial targets set and controlled with horizontal coordinates based on California State Plane
Coordinate System and converted to a local ground system. The vertical control will be
based on NAVD88.
• Completion of field survey check profile observations and office analysis of said
observations to check ground truth of the compiled map.
TASK 3.0 - REFINED PRELIMINARY LOT LAYOUT AND GRADING PLAN
Michael Baker will collaborate with the Client, and the Client's land plan designer on the preparation
of preliminary lot layout plan. Michael Baker will prepare a refined preliminary residential lot layout
and preliminary site grading plans for the project area. The refined preliminary lot lay out will be
based on proposed land use, residential development type, and minimum lot size information as
supplied by the Client. This scope allows up to two (2) iterations of preliminary plans. The
preliminary site/lot layout and grading plans shall include input from other project team members,
including hydrology/drainage, geotechnical, and circulation/traffic (i.e. access points, internal
circulation) as necessary. The preliminary plan shall respect and match existing grades at the
periphery of the site. Initial assumptions will be made to accommodate anticipated drainage and
flood control requirements. Once preliminary hydrology, drainage and water quality management
studies have been completed pursuant to those tasks included herein, the plan can be adjusted to
further accommodate drainage and flood control needs. The preliminary plans can be further
revised if necessary pursuant City of Rancho Cucamonga preliminary review processes as directed
by the Client.
Michael shall prepare a preferred preliminary lot layout and grading plan, based upon the Client's
approval. This plan will be completed in CAD format, for use as the base in the Tentative Tract
Map in Task 8.0 below and can be used for exhibit base map purposes in the proposed Specific
Plan. The plan will include a preliminary interior street circulation system and appropriate access
points to adjoining streets based on City requirements. Proposed preliminary interior street grades
and limited lot elevations shall be shown to verify viability of project and number of lots and units
that can be placed upon the site. Future street rights of way will be calculated with appropriate
standards (width, curve radii and intersection spacing). Acreages of each planning area shall be
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identified. Consideration shall be given to the proposed conceptual storm drain layout, retention
requirements, estimated grading quantities, corrective grading areas (based on the Soils Report
provided by the Client), and earthwork balance and potential import requirements for flood
protection.
TASK 4.0 — PRELIMINARY DRAINAGE MASTER PLAN (NEIGHBORHOOD AREAS)
4.1 SITE VISIT, DATA COLLECTION, AND LITERATURE REVIEW
Michael Baker will conduct a site visit to identify drainage patterns and features, including
potential development constraints, particularly the project boundary conditions. Consultant shall
collect available information/data including flood area mapping, existing drainage facility record
drawings, and past flood -related studies. Michael Baker shall coordinate with Dudek and the
reviewing agencies to verify requirements for the design of onsite drainage infrastructure. Michael
Baker shall attend meetings and coordinate with local agencies as needed on a Time & Materials
basis.
4.2 HYDROLOGIC ANALYSIS
Michael Baker will perform a hydrologic analysis of onsite project areas in accordance with the
standards and guidelines set forth by the local reviewing agency (City of Rancho Cucamonga,
County of San Bernardino). Baseline (existing) and Project (proposed) conditions will be
evaluated to ultimately determine the project -related flood hazard impacts.
The hydrology will be limited to analyzing the 100 -year frequency storm events using either
rational method or unit hydrograph procedures based on applicability. Based on the project land
use plan and site plan. Michael Baker will compare the existing conditions to the proposed land
use and identify any potential hydrologic impacts to the existing and proposed drainage patterns
by calculating the runoff for the project 100 -year storm as defined by City and County
requirements. This scope assumes that runoff volumes will be. calculated for each neighborhood
development area. The use of mitigation basins will be studied for any hydrologic impacts as
allowed and recommended by the City. Calculations will be performed using City of Rancho
Cucamonga and San Bernardino County acceptable programs and standards. The analysis
results will be used to quantify impacts and determine conceptual sizes of proposed drainage
facilities (as needed).
4.3 PROPOSED DRAINAGE FACILITIES AND SIZING
Michael Baker will evaluate the drainage system requirements, determine the preliminary
horizontal alignments of proposed drainage facilities based on normal depth calculations, estimate
the size requirements for flood conveyance, develop conceptual designs and determine setback
areas for regional drainage improvements. Unique structures and conceptual locations of flood
mitigation and water quality features will be identified.
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P - • -
Michael Baker will perform conceptual sizing of flood mitigation basins to determine the necessary
onsite storm water storage volume, if mitigation is required, to attenuate project -related increases
in peak flow rates down to the baseline conditions.
4.4 DRAINAGE REPORT
Michael Baker will prepare a drainage report, which includes the technical basis and preliminary
layout of required onsite backbone drainage facilities. Potential hydromodication issues
associated with the proposed project will also be considered. This document will be suitable as
the drainage technical basis for the Specific Plan, Tentative Tract Map and EIR. This scope
specifically excludes any continuous simulation modeling.
TASK 5.0 — MASTER CONCEPTUAL WATER QUALITY MANAGEMENT PLAN
Michael Baker shall prepare a Master Conceptual Water Quality Management Plan (WQMP) for
the limits of the development area (neighborhood and conservation areas). This Master WQMP
will be prepared consistent with the requirements of the NPDES program and the San Bernardino
County NPDES (MS4) permit issued by the Santa Ana Regional Board for the Santa Ana River
Watershed (NPDES Order R7-2010-0036 Permit No. CAS618036). Michael Baker will prepare a
preliminary assessment of the pollutant of concern (POC) and expected pollutants generated from
the proposed project. The Water Quality Management plan will consider mitigation for potential
impacts to beneficial uses of the receiving waterbodies, needs to comply with water bodies with
TMDLs, and Section 303(d) listed waterbodies. The Master WQMP approach will be consistent
with the Master Plan of Drainage facilities (Task 4.0 above), and will include sustainable Best
Management Practices (BMPs). The task for preparation of the Master Conceptual Water Quality
Management Plan will include: Master BMP map exhibit, BMP O&M plans, and Draft Integrated
WQMP document for agency review.
TASK 6.0 — DEVELOPMENT AREA WATER AND SEWER STUDIES
The development area, when annexed, will be under the purview of the Cucamonga Valley Water
District (CVWD) for sewer and water service. Pursuant to preliminary information provided, it is
understood that the project may consist of approximately 3,000 dwelling units, which would trigger
the need for a Water Supply Assessment (WSA). An optional Task 7.0 is included to prepare a
WSA based upon Cucamonga Valley Water District's 2015 Urban Water Management Plan
(UWMP), or latest UWMP for the development area.
6.1 DOCUMENT RESEARCH
Michael Baker will research and utilize records of the City's water and sewer systems obtained
from master plans, and other pertinent documents.
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6.2 MEETING AND COORDINATION
For this task, an initial meeting with the City (Public Works Dept.) and CVWD to obtain documents
and other pertinent information that would be of assistance in understanding the future water and
sewer service for the project area. This task also includes coordination efforts between the Client
and with Michael Baker for the planning stages of the Project. 24 hours of meeting time have
been budgeted for this task. Additional meeting time can be provided on a time and materials
basis.
6.3 WATER DEMAND AND WASTEWATER FLOW ESTIMATE
Michael Baker will prepare water demand estimates projecting ultimate average, maximum -day,
and peak hour flows under normal operating conditions, and coordinate with the governing fire
authority to obtain the emergency fire flow requirements. It is our understanding that recycled
water is not available in the area and that a separate non -potable irrigation system would not be
required for the Project. Therefore, landscape demands will be included with the potable water
system. We will also prepare wastewater flow estimates projecting ultimate average and peak
flows. Michael Baker understands that an overall water and sewer demand estimate would be
required for the initial Specific Plan document. As the project progresses, more specific areas,
densities, and phases will be introduced to the project that will require detailed estimates. This
task will assist in developing demands for ultimate buildout of the project. This scope excludes
phasing of the project.
6.4 HYDRAULIC ANALYSIS (INITIAL MASTER PLAN)
Michael Baker will perform an on-site analysis to determine the overall pipe sizing and circulation
of the transmission mains within the major roadways of the Project area for water and sewer
service for the Specific Plan document. This assumes an instantaneous model analysis
performed under foreseeable critical operating conditions for the domestic water supply such as
during peak summer demands, and emergency fire flow, to ensure adequate operation in
compliance with City criteria and standards. Michael Baker will also perform analysis to verify
pipe sizing and alignment for the proposed sewerage collection system to ensure adequate
operation in compliance with City standards. This analysis assumes that no on-site treatment of
potable or sewer flows will be required and that adequate capacity (water storage and sewer
collection and treatment) is available for the project from CVWD.
6.5 SUMMARY REPORTS
Michael Baker will summarize the findings of the hydraulic analyses for both the Initial Master
Plan (Specific Plan document) and following conceptual planning studies. It is anticipated that
two separate report documents will be provided; one for the sewer system and another for the
water system. Each document report will include exhibits showing piping required for water and
sewer distribution. Tables providing demands or flow estimates, and appendices to include
computer analysis results and operating standards are included for both reports.
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TASK 7.0 — WATER SUPPLY ASSESSMENT (OPTIONAL TASK)
April 18, 2017
Page 7
The purpose of the "Water Supply Assessment Report" is to satisfy the requirements under
Senate Bill 610 (Water Code Section 10910 et seq.) that adequate water supplies are or will be
available to meet the water demand associated with the proposed development. SB 610 focuses
on the content of a water supply agency's Urban Water Management Plan (UWMP). It also
requires that an environmental impact report be performed along with the project to ensure that
the water supply agency can meet the projected water demand associated with the project. SB
610 applies to residential development of 500 or more dwelling units as well as large commercial,
industrial, or mixed-use development. The need for an assessment is determined by the lead
agency of the project. Our experience indicates that each water purveyor addresses Water
Supply Assessment (WSA) reports differently. Specifically, the level of legal involvement can
likely affect progress. In certain cases, the agency will compile the WSA. Also, we have
observed how water supply issues have been of increasing concern to agencies in recent years
with respect to drought conditions. Critical to the preparation of the SB 610 report will be the
ability to coordinate and obtain information to fully understand the future water supply plans of
CVWD.
The project is proposed as a planned residential development of approximately 3,000 dwelling
units. Any development of 500 or greater dwelling units or equivalent to 500 units qualifies as a
'Project' under Water Code 10912 and requires a Senate Bill 610 ('Water Supply Assessment')
report be prepared. Because the project is over the threshold, we anticipate that a Water Supply
Assessment will be required. It is our experience that water agencies require that a WSA be
created by an unbiased party. We have provided this optional scope items should the City not
see any conflict of interest in allowing the developer's consultant to create the WSA.
This task assumes one meeting with the City and CVWD to kick-off the study and/or gather
necessary documentation, and one meeting with the City and CVWD during the review process.
The report will be based on existing data and documents (most notably, CVWD's recently adopted
2015 Urban Water Management Plan), and does not include any hydrogeologic investigation.
Michael Baker intends to compile the report strictly to meet the criteria of Senate Bill 610. it is
anticipated that this report will be stand-alone, although it may also be appended to the EIR
document. The budget set forth in this proposal is based on a single review period for the report.
This task excludes compliance with SB 221, which requires a water supply verification when a
tract map, or parcel map or development agreement for a project is submitted to a land use
agency for approval. SB 221 applies to residential development of more than 500 dwelling units
with some exceptions. Compliance of this code can be provided when the final tract map is
developed for an additional scope and fee.
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Michael Baker International
We Make a Difference
April 18, 2017
TASK 8.0 — TENTATIVE TRACT MAP PREPARATION
Michael Baker shall prepare one Tentative Tract Map for conveyance purposes with the Specific
Plan based on the preliminary lot layout and preliminary grading plan prepared in Task 3.0 above
as approved by the Client. The tentative tract map will include proposed large neighborhood
lotting as well as large lotting for open spaces, drainage areas, and other set aside areas. The
maps will be prepared pursuant to the standards and requirements of the City of Rancho
Cucamonga as well as the State Subdivision Map Act. The map will reflect the recommendations
of the drainage, water quality management, and water and sewer studies prepared pursuant to
Tasks 4.0, 5.0 and 6.0 above. The task includes the preparation and one set of revisions based
on comments from the City.
TASK 9.0 — PRELIMINARY EARTHWORK ANALYSIS
Michael Baker shall prepare an earthwork quantity estimate and analysis based on the preliminary
mass grading plan prepared in Task 3.0 or based on the tentative tract map prepared in Task 8.0
above, and adjust it as needed for on-site earthwork considerations.
Task Exclusions
The following tasks are either not required at this time, are being provided under separate
contract or are being provided by others. Therefore, said tasks are excluded from Michael
Baker's scope of services.
1. Property Title Search, Property Appraisal and Acquisition
2. Conditional Use Permit, Zone Change, Specific Plan Amendment and/or Area Plan
3. Boundary Survey, Record of Survey and ALTA Survey
4. Design of dry utilities (telephone, electric,•gas, cable TV and fiber optics)
5. Landscaping and Irrigation Plans
6. Water supply verifications
7. Computer Model Analysis of Sewer and Water Systems
8. Acoustical Studies
9. Focused biological surveys
10. Traffic Engineering reports or studies
11. Retaining wall design
12. Potholing of Existing Utilities
13. Archeologist & Paleontologist Certification
14. Geotechnical lnvestigation
15. Final engineering, improvement plans and final subdivision map
16. Legal Descriptions for easements or ROW dedications
17. Any other services not specifically set forth in the foregoing Scope of Services
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Michael Baker international
We Make a Difference
April 18, 2017
Client Responsibilities
The Client shall be responsible for providing to Consultant the following:
1. Current Site Plan in ACAD format
2. Access to Site and Owner archives.
3. Client is to provide any and all indemnification, abatement, disposal or other actions
required by local, state or federal law regarding hazardous materials.
4. Client shall pay all governmental fees and costs.
5. Client will require any construction contractors to indemnify Michael Baker from any and all
losses, damages, claims, expenses, including attorney's fees, and costs arising out of the
contractor's work, excepting only losses, damages, claims, expenses including attorney's
fees, and costs which are caused by the sole negligence or willful misconduct of Michael
Baker in performing it's services under this agreement. Client will require that the
construction contractors add Michael Baker (Consultant) as an additional insured in the
comprehensive general liability, auto liability, workers' compensation and builders risk
insurance coverage required by Client.
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CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: October 18, 2017
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Elisa Cox, Deputy City Manager
Erika Lewis -Huntley, Manageme Analyst III
SUBJECT: CONSIDERATION OF A RESOLUTION ESTABLISHING RULES AND
REGULATIONS PERTAINING TO THE PUBLIC ART COMMITTEE
RECOMMENDATION:
Staff recommends that the City Council adopt Resolution No. 17-104 establishing rules and
regulations pertaining to the Public Art Committee.
BACKGROUND:
Placemaking and public art enhances the quality of life for individuals living in, working in, and
visiting Rancho Cucamonga by enhancing the physical beauty of the community. The City
Council, at its regular meeting on June 21, 2017, adopted Ordinance No. 912, amending the
Rancho Cucamonga Municipal Code regarding creative placemaking through public art. Pursuant
to Ordinance No. 912, the following chapters were added to the Rancho Cucamonga Municipal
Code (RCMC) and are now in effect: Chapter 2.26 — Public Art Committee, Chapter 3.72 — Public
Art Trust Fund, and Chapter 17.124 — Design Provisions for Public Art. Pertinent to
implementation of the ordinance is the formation of the Public Art Committee.
The Committee shall be composed of five members appointed by the City Council as follows: (i)
one member of the Planning Commission; (ii) one member of the Parks and Recreation
Commission; (iii) one member of the Community and Arts Foundation; and (iv) two members of
the public appointed based on relevant work experience, trade, industry, or expertise. The
Committee shall carry out the functions and duties assigned to it under Ordinance No. 912
(Rancho Cucamonga Municipal Code Chapter 2.26 — Public Art Committee; Chapter 3.72 — Public
Art Trust Fund; Chapter 17.124 — Design Provisions for Public Art). Duties include advising the
City Council regarding the selection, purchase, placement, and maintenance of art installed by
the City or on City property, and expenditures from the City of Rancho Cucamonga Public Art
Trust Fund. The Committee will not review art installations on private property. Art installed as a
component of a project will be reviewed through the standard development review process without
additional review by the Committee.
ANALYSIS:
Chapter 2.26.010 of the RCMC requires that the City Council prescribe by resolution the duties.
terms of service, qualifications, and compensation of Committee members. Staff has prepared
the attached resolution for conideration, which outlines the rules and regulations pertaining to
the Committee, which include:
Page 1 of 2
CITY COUNCIL STAFF REPORT
PUBLIC ART COMMITTEE
OCTOBER 18, 2017
• Duties - Include advising the City Council regarding the selection, purchase,
placement, and maintenance of art installed by the City or on City property, and
expenditures from the City of Rancho Cucamonga Public Art Trust Fund. The
Committee will not review art installations on private property. The first task of the
Committee will be to participate in the development of the Public Art Strategic Plan.
• Qualifications - Members of the Committee should have a working knowledge of, and
represent, to the extent reasonably possible, one or more arts disciplines. At least one
member shall be a local professional artist. Members must reside in Rancho
Cucamonga and/or be affiliated with an arts entity serving Rancho Cucamonga.
• Terms of Service - Committee members shall serve for a term of two (2) years, except
for the three (3) initial appointments from the Planning Commission, Parks and
Recreation Commission, and the Community and Arts Foundation which shall be for
one (1) year in order to create a staggering of terms to assure continuity of committee
membership.
• Compensation - Members of the Committee shall not receive compensation for
attendance at Committee meetings.
FISCAL IMPACT:
None
COUNCIL GOAL(S) ADDRESSED:
This item addresses City Council Goal Enhancing Premier Community Status as placemaking
through public art further advances the City's efforts to enhance the quality of life in Rancho
Cucamonga and its reputation as a desirable community. This meets General Plan Land Use
Goal LU -14: Support public art as an important amenity of a beautiful City. It also meets City
Council Goal Al 1 to develop a public art ordinance and funding mechanism to support art within
publicly accessible spaces.
ATTACHMENTS:
Attachment 1 — Resolution No. 17-104
Page 2 of 2
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RESOLUTION NO. 17-104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ESTABLISHING RULES AND
REGULATIONS PERTAINING TO THE PUBLIC ART COMMITTEE
WHEREAS, placemaking and public art enhances the quality of life for individuals living in, working
in, and visiting Rancho Cucamonga by enhancing the physical beauty of the community; and
WHEREAS, the City Council of the City of Rancho Cucamonga, at its regular meeting on June 21,
2017, adopted Ordinance No. 912, amending the Rancho Cucamonga Municipal Code regarding creative
placemaking and public art; and
WHEREAS, the aforementioned ordinance added Chapter 2.26.010 to the Rancho Cucamonga
Municipal Code establishing a Public Art Committee (hereafter "Committee") to advise the City Council
regarding the selection, purchase, placement, and maintenance of art installed by the City or on City
property, and expenditures from the City of Rancho Cucamonga Public Art Trust Fund; and
WHEREAS, Rancho Cucamonga Municipal Code Chapter 2.26.010(C) required that the City
Council prescribe by resolution the duties, terms of service, qualifications, and compensation of Committee
members.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY
RESOLVES as follows:
1. Committee Established
The Public Art Committee ("Committee") is established pursuant to Ordinance No. 912
adopted on June 21, 2017 (Rancho Cucamonga Municipal Code Chapter 2.26 — Public Art
Committee).
2. Duties of the Committee
The Committee shall carry out the functions and duties assigned to it under Ordinance No.
912 (Rancho Cucamonga Municipal Code Chapter 2.26 — Public Art Committee; Chapter 3.72
— Public Art Trust Fund; Chapter 17.124 — Design Provisions for Public Art). Duties include
advising the City Council regarding the selection, purchase, placement, and maintenance of
art installed by the City or on City property, and expenditures from the City of Rancho
Cucamonga Public Art Trust Fund. The Committee will not review art installations on private
property. Art installed as a component of a project will be reviewed through the standard
development review process without additional review by the Committee.
3. Committee Composition
The Committee shall be composed of five members appointed by the City Council as follows:
each of the following bodies shall nominate (i) one member of the Planning Commission; (ii)
one member of the Parks and Recreation Commission; (iii) one member of the Community
and Arts Foundation; and (iv) two members of the public shall be recommended for
appointment by the City Council Community Services Subcommittee based on relevant work
experience, trade, industry, or expertise.
Resolution No. 17-104 — Page 1 of 3
ATTACHMENT #1
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4. Qualifications
Members of the Committee should have a working knowledge of, and represent, to the extent
reasonably possible, one or more arts disciplines. At least one member shall be a local
professional artist. Members must reside in Rancho Cucamonga and/or be affiliated with an
arts entity serving Rancho Cucamonga.
5. Terms of Service
Committee members shall serve for a term of two (2) years, except for the three (3) initial
appointments from the Planning Commission, Parks and Recreation Commission, and the
Community and Arts Foundation which shall be for one (1) year in order to create a
staggering of terms to assure continuity of committee membership.
6. Compensation
Members of the Committee shall not receive compensation for attendance at Committee
meetings.
7. Meetings
All meetings of the Committee shall be open to the public, noticed, held, and conducted in
accordance with the Ralph M. Brown Act. The Committee shall establish a fixed meeting date,
time, and location for its regular meeting and will meet at least quarterly to fulfill its
responsibilities. Special meetings may be called as needed. Meetings of the Committee shall
be held at Rancho Cucamonga City Hall, 10500 Civic Center Drive, Rancho Cucamonga, CA
91729.
8. Committee Operations
The Committee shall elect a Chair and Vice Chair at the first meeting of the Committee.
Thereafter, the Committee shall annually elect a Chair and a Vice Chair, who shall act as
Chair only when the Chair is absent. In the event that the Chair seat or Vice Chair seat
becomes vacant, the Committee shall elect a replacement Chair or Vice Chair at the next
available meeting.
9. Quorum
A majority of the members of the Committee shall constitute a quorum for the transaction of
business. A majority vote of a quorum is required for the Committee to take any action,
including approval of a recommendation to the City Council.
10. Review by City Council
The actions of the Committee may be subject to review or approval by the City Council, as
provided for in Ordinance No. 912.
Resolution No. 17-104 — Page 2 of 3
ATTACHMENT #1
PASSED, APPROVED, AND ADOPTED this 18th day of October, 2017.
Resolution No. 17-104 — Page 3 of 3
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ATTACHMENT #1
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STAFF REPORT
DATE: October 18, 2017
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Candyce Burnett, City Planner )'
Jennifer Nakamura, Associate Planner
SUBJECT: CONSIDERATION TO ADOPT INTERIM ORDINANCE NO. 920, EXTENDING
URGENCY ORDINANCE 900-A FOR 10 MONTHS AND 15 DAYS,
PROHIBITING ALL COMMERCIAL CANNABIS USES IN THE CITY,
PROHIBITING OUTDOOR MARIJUANA CULTIVATION ON PRIVATE
RESIDENCES AND ADOPTING REGULATIONS REGARDING INDOOR
CULTIVATION IN PRIVATE RESIDENCES
RECOMMENDATION:
Staff recommends the City Council adopt Urgency Ordinance No. 920 entitled "An Interim
Ordinance of the City Council of the City of Rancho Cucamonga, California, Extending Urgency
Ordinance No. 900-A Prohibiting All Commercial Cannabis Activity, both Medical and Non -
Medical, Prohibiting Outdoor Cultivation, and Allowing Indoor Cannabis Cultivation, Consistent
with Sate Law" by four-fifths vote by title only.
BACKGROUND:
On November 16, 2016, the City Council approved Urgency Ordinance No. 900. determining that
there is a current and immediate threat to the public health, safety, and welfare presented by the
potential establishment and operation of commercial cannabis activities under the recent approval
of Proposition 64, which is also known as the California Marijuana Legalization Initiative and the
Control, Regulate and Tax Adult Use of Marijuana Act ("AMUA"). The AUMA, among other things,
legalizes the use of non-medical marijuana for those who are 21 years of age or older and
establishes a comprehensive system to regulate commercial non-medical marijuana activity. The
provisions of the AUMA related to the possession, use, and cultivation of non-medical marijuana
became effective on November 9, 2016, which created an urgent need for further City action to
maintain local control. Pursuant to State law, Government Code Section 65858, Urgency
Ordinance No. 900 was effective for a period of 45 days from the date of adoption.
On December 7, the Council adopted Urgency Ordinance No. 900-A, extending Urgency
Ordinance No. 900 for an additional 10 months and 15 days to allow staff time to develop
permanent regulations. The urgency ordinance is set to expire on November 15, 2017.
ANALYSIS:
Urgency Ordinance No. 920 contains the same regulations currently in force: (1) prohibits all
commercial non-medical marijuana activities within the City, including but not limited to
commercial cultivation, sales and deliveries, (2) prohibits outdoor cultivation on a private
Page 1 of 2
CITY COUNCIL STAFF REPORT
CONSIDERATION TO ADOPT INTERIM ORDINANCE NO. 920, EXTENDING URGENCY
ORDINANCE 900-A FOR 10 MONTHS AND 15 DAYS
October 18, 2017
residence and (3) permits indoor cultivation as required by the AMUA, limited to six live plants to
be planted, cultivated, harvested, dried, or processed within a single private residence or inside
a fully enclosed and secured accessory structure located upon the grounds of a private residence
that is fully enclosed and secured.
Section 65858(d) of the California Government Code provides that ten (10) days prior to the
expiration of the interim urgency ordinance, the legislative body shall issue a written report
describing measures taken to alleviate conditions that led to the adoption of the urgency interim
ordinance. That was report was submitted to the City Council on October 4, 2017.
Staff is working with the City Attorney's office to draft a permanent ordinance to prohibit all
commercial cannabis uses in the City. However, without an extension of the existing urgency
ordinance, the current prohibitions on commercial cannabis uses within the City will expire before
the adoption of the permanent ordinance. Extending the urgency ordinance will bridge the gap
between the expiration of the urgency ordinance on November 15, 2017 and the effective date of
a permanent ordinance which will be 30 days following its adoption.
The project is deemed to be exempt from the provisions of the California Environmental Quality
Act (CEQA) pursuant to Section 15061(b)(3) because it can be seen with certainty that there is
no probability that the proposed urgency ordinance will have a significant effect on the
environment because the ordinance will impose greater limitations on development in the City,
and will thereby serve to eliminate potentially significant adverse environmental impacts.
FISCAL IMPACT:
None
COUNCIL GOAL(S) ADDRESSED:
None
ATTACHMENTS:
Attachment 1 — Urgency Ordinance 900-A
Attachment 2 — Urgency Ordinance 920
Page2of2
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ORDINANCE NO. 900-A
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, EXTENDING
URGENCY ORDINANCE NO. 900, PROHIBITING ALL
COMMERCIAL NON-MEDICAL MARIJUANA ACTIVITY IN THE
CITY, PROHIBITING OUTDOOR MARIJUANA CULTIVATION
ON PRIVATE RESIDENCES, AND ADOPTING REGULATIONS
REGARDING INDOOR CULTIVATION IN PRIVATE
RESIDENCES AND DECLARING THE URGENCY THEREOF
A. Recitals.
1. On November 16, 2016, the City Council adopted Urgency Ordinance No. 900,
prohibiting all commercial cannabis uses in the City, prohibiting outdoor marijuana cultivation on
private residences and adopting regulations regarding indoor cultivation in private residences.
2. On December 7, 2016, the City Council conducted a duly noticed public hearing
concerning the extension of Urgency Ordinance No. 900. Ten (10) days prior to the expiration of
Urgency Ordinance No. 900, the City Council will issue a report as described in Government Code
Section 65858(d).
3. Pursuant to the authority set forth in Government Code Section 65858(a), it is the
intent of the City Council in adopting this Urgency Ordinance to extend Urgency Ordinance No.
900 and to continue to prohibiting all commercial cannabis uses in the City, prohibiting outdoor
marijuana cultivation on private residences and adopting regulations regarding indoor cultivation
in private residences for a period of ten (10) months, fifteen (15) days based on the findings set
forth below.
4. The Control, Regulate and Tax Adult Use of Marijuana Act ("AUMA") was approved
by the voters on November 8, 2016. The AUMA, among other things, legalizes the use of non-
medical marijuana for those who are 21 years of age or older and establishes a comprehensive
system to regulate commercial non-medical marijuana activity. The provisions of the AUMA
related to the possession, use, and cultivation of non-medical marijuana became effective on
November 9, 2016.
5. The AUMA permits cities to: (1) adopt and enforce local ordinances to regulate
non-medical marijuana businesses, including, but not limited to, local zoning and land use
requirements, business license requirements, and requirements related to reducing exposure to
secondhand smoke, or (2) completely prohibit the establishment or operation of one or more types
of marijuana businesses within its jurisdiction.
6. The AUMA grants State agencies the authority to create, issue, renew, discipline,
suspend, or revoke licenses for marijuana businesses provided that a State licensing authority
shall not approve an application for a State license for commercial non-medical marijuana activity
if approval of the State license will violate the provisions of any local ordinance. Furthermore, the
AUMA requires the State to begin issuing licenses to non-medical marijuana businesses by
January 1, 2018.
Ordinance No. 900-A — Page 1 of 6
Attachment 1
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7. The AUMA allows for the planting, cultivation, harvesting, drying, and processing
("cultivation activities") of up to six marijuana plants in, or upon the grounds of, a private residence.
The AUMA authorizes a city to enact and enforce an ordinance that reasonably regulates
cultivation activities, and to completely prohibit cultivation activities outdoors upon the grounds of
a private residence unless the California Attorney General determines that non-medical use of
marijuana is lawful in the State under federal law.
8. The Federal Controlled Substances Act, 21 U.S.C. § 801, et seq., classifies
marijuana as a Schedule 1 Drug, which is defined as a drug or other substance that has a high
potential for abuse, that has no currently accepted medical use in treatment in the United States,
and that has not been accepted as safe for use under medical supervision. The Federal
Controlled Substances Act makes it unlawful under Federal law for any person to cultivate,
manufacture, distribute or dispense, or possess with intent to manufacture, distribute, or dispense
marijuana.
9. Cities in California have reported negative effects of marijuana cultivation,
processing, and distribution activities, including offensive odors, illegal sales and distribution of
marijuana, trespassing, theft, violent robberies and robbery attempts, fire hazards, and problems
associated with mold, fungus, and pests. Furthermore, as marijuana plants begin to flower, and
for a period of two months or more, the plants produce a strong, unique odor, offensive to many
people, and detectable far beyond property boundaries if grown outdoors. This odor can have
the effect of encouraging theft by alerting persons to the location of the valuable plants, and
creating a risk of burglary, robbery, or armed robbery of the plants and creating the potential for
violent acts related to such criminal activity.
10. The City has introduced and conducted a second reading of Ordinance No. 897
that prohibits all cannabis (also known as marijuana) cultivation and commercial cannabis uses
in the City. Ordinance No. 897 will go into effect on December 2, 2016. Ordinance No. 897 was
enacted in response to the Medical Cannabis Regulation and Safety Act, which established a
State licensing scheme related to medical cannabis and primarily prohibits medical cannabis
activities.
11. All legal prerequisites to the adoption of this Ordinance have occurred.
B. Ordinance.
NOW, THEREFORE, the City Council hereby ordains as follows:
Section 1. The City Council finds that the facts set forth in the Recitals, Part A, of this
Ordinance are true and correct.
Section 2. Based upon facts found to be true in Section 1 of this Ordinance and all
other information available to the City Council concerning the subject matter of this Ordinance,
the City Council finds that commercial cannabis activities and the unregulated cultivation of
marijuana pursuant to the AUMA in the City before the City has an opportunity to adopt regulations
pursuant to the standard procedures of the City would create a public health and safety danger.
Based on the City's need for additional time to fully evaluate the primary and secondary effects
of the activities to be licensed under the AUMA, the City Council finds that the immediate
preservation of the public health, safety and welfare requires that this interim Ordinance be
enacted as an urgency ordinance pursuant to Government Code Section 65858 and take effect
immediately upon adoption, and its urgency is hereby declared.
Ordinance No. 900-A — Page 2 of 6
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Section 3. Definitions. Hereinafter in this Ordinance, the following words shall have
the meanings set forth below unless the context otherwise permits or requires:
"AUMA" refers to the Control, Regulate and Tax Adult Use of Marijuana Act.
"Commercial non-medical marijuana activity" shall include the cultivation, possession,
manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, delivery,
or sale of marijuana and marijuana products for non-medical purposes.
"Cultivation" shall include any activity involving the planting, growing, harvesting, drying,
curing, grading, or trimming of marijuana.
"Delivery" shall mean the commercial transfer of marijuana or marijuana products to a
customer. Delivery also includes the use by a retailer of any technology platform owned and
controlled by retailer, or independently licensed under the AUMA that enables customers to
arrange for or facilitate the commercial transfer by a State licensed retailer of marijuana or
marijuana products.
"Marijuana" shall include all parts of the plant Cannabis sativa L., whether growing or not;
the seeds thereof; the resin extracted from any part of the plant; and every compound,
manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin. It does not
include (a) industrial hemp, as defined in Section 11018.5 of the Health and Safety Code; (b) the
weight of any other ingredient combined with marijuana to prepare topical or oral administrations,
food, drink, or other product; and (c) marijuana that is cultivated, processed, transported,
distributed, or sold for medical purposes under Chapter 3.4 of Division 8 of the Business and
Professions Code.
Section 4. Prohibitions and Regulations.
a. Commercial non-medical marijuana activity is expressly prohibited in all zones and
all specific plan areas in the City of Rancho Cucamonga. No person shall establish, operate,
maintain, conduct, or allow commercial non-medical marijuana activity anywhere within the City.
No application for a building permit, conditional use permit, business license, or any other
entitlement authorizing the establishment, operation, maintenance, development, or construction
of any use that allows for commercial non-medical marijuana activity shall be accepted or
approved during the term of the prohibition established in this Ordinance.
b. This Section 4 is intended in part to prohibit all activities for which a State license
is required pursuant to the AUMA. Accordingly, the City shall not issue any permit, license, or
other entitlement for any activity for which a State license is required under the AUMA. The City
shall also not issue any local license to a non-profit pursuant to provisions of Business and
Professions Code section 26070.5.
c. To the extent not already prohibited elsewhere in this Section 4, delivery of
marijuana, marijuana products, or both originating in the City, terminating in the City, or both is
expressly prohibited. No person shall conduct or perform any delivery of any marijuana or
marijuana product, which delivery either originates in the City, terminates in the City, or both.
d. Marijuana shall not be cultivated outdoors upon the grounds of a private residence.
Indoor marijuana cultivation will be allowed only as set forth in State law, which permits no more
than six live marijuana plants to be planted, cultivated, harvested, dried, or processed within a
Ordinance No. 900-A — Page 3 of 6
P290
single private residence or inside a fully enclosed and secured accessory structure located upon
the grounds of a private residence that is fully enclosed and secured. No person shall cultivate
marijuana in any manner that causes any of the following conditions:
1. Light, glare, odor, noise, or vibration that is or whose effect is either
detrimental to public health, safety, or welfare or interferes with the reasonable enjoyment of life
or property; or
2. Any violation of Section 17.64.120 of the Municipal Code.
e. Any marijuana cultivation that exceeds the limits set forth in this Section 4 is
prohibited, is unlawful, and constitutes a public nuisance.
f. Nothing in this Ordinance or its adoption shall be deemed to affect any other
prohibitions or regulations relating to marijuana in the Rancho Cucamonga Municipal Code,
including, but not limited to, Ordinance No. 897, except to the extent that State law allows
cultivation of marijuana consistent with the restrictions set forth in this Ordinance. The City will
not enforce those provisions of Ordinance No. 897 that prohibit the personal indoor cultivation of
up to 6 live marijuana plants in a manner consistent with State law and subsections d and e above.
Nothing in this Ordinance shall be deemed to affect or excuse any violation of the Rancho
Cucamonga Municipal Code or of Ordinance No. 897, except as otherwise described in this
Section 4.
g. Nothing in this Ordinance shall be interpreted to the effect that the City's
permissive zoning scheme allows any other use not specifically listed therein.
Section 5. Public Nuisance. Any use or condition caused, or permitted to exist, in
violation of any provision of this Ordinance shall be, and hereby is declared to be, a public
nuisance and may be summarily abated by the City pursuant to Code of Civil Procedure Section
731 or by any other remedy available to the City.
Section 6. Penalty. Violation of any provision of this Ordinance shall constitute a
misdemeanor and shall be punishable by a fine not to exceed one thousand dollars ($1,000) or
by imprisonment for a period not to exceed six (6) months, or by both such fine and imprisonment.
Each and every day such a violation exists shall constitute a separate and distinct violation of this
Ordinance.
Section 7. Civil Penalties. In addition to any other enforcement permitted by this
Ordinance, the City Attorney may bring a civil action for injunctive relief and civil penalties against
any person or entity that violates this Interim Ordinance. In any civil action brought pursuant to
this Interim Ordinance, a court of competent jurisdiction may award reasonable attorneys' fees
and costs to the prevailing party.
Section 8. CEQA. It can be seen with certainty that there is no possibility that the
adoption of the Interim Ordinance may have a significant effect on the environment because the
Interim Ordinance will only impose greater and temporary limitations on marijuana -related uses
allowed in the City, and will thereby serve to prevent potentially significant adverse environmental
impacts. The City Council has reviewed staff's determination of exemption and based on its own
independent judgment, concurs in staffs determination that the Interim Ordinance is exempt from
CEQA. The adoption of the Interim Ordinance is therefore not subject to the California
Ordinance No. 900-A — Page 4 of 6
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Environmental Quality Act review pursuant to Title 14, Chapter 3, Section 15061(b)(3) of the
California Code of Regulations.
Section 9. Severability. If any section, subsection, subdivision, sentence, clause, phrase
or portion of this Ordinance, is for any reason, 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 10. Term. This Ordinance shall take effect concurrent with the expiration of
Urgency Ordinance No. 900 at midnight on December 31, 2016, and shall remain in effect for a
period of ten (10) months, fifteen (15) days is adopted as an urgency, interim ordinance and shall
take effect immediately. This Ordinance shall expire, and the prohibition established hereby shall
terminate, 45 days after the date of adoption unless extended by the City Council pursuant to
California Government Code Section 65858.
Section 11. The City Clerk shall certify to the adoption of this Ordinance.
Ordinance No. 900-A — Page 5 of 6
PASSED, APPROVED, AND ADOPTED this 7'h day of December 2016
AYES: Alexander, Kennedy, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
ATTEST:
eice C. Reynolds, Ct y Clerk
ennis Michael. ayor
1, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing urgency Ordinance was adopted at a Regular
Meeting of the Council of the City of Rancho Cucamonga held on the 7th day of December 2016.
Executed this 8'r day of December 2016, at Rancho Cucamonga, California.
(:),C1Jyuil
ice C. Reynolds, City lerk
Ordinance No. 900-A — Page 6 of 6
P292
P293
ORDINANCE NO. 920
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, EXTENDING
URGENCY ORDINANCE NO. 900-A, PROHIBITING ALL
COMMERCIAL NON-MEDICAL MARIJUANA ACTIVITY IN THE
CITY, PROHIBITING OUTDOOR MARIJUANA CULTIVATION
ON PRIVATE RESIDENCES, AND ADOPTING REGULATIONS
REGARDING INDOOR CULTIVATION IN PRIVATE
RESIDENCES AND DECLARING THE URGENCY THEREOF
A. Recitals.
1. On November 16, 2016, the City Council adopted Urgency Ordinance No. 900,
prohibiting all commercial cannabis uses in the City, prohibiting outdoor marijuana cultivation on
private residences and adopting regulations regarding indoor cultivation in private residences.
2. On December 7, 2016, the City Council conducted a duly noticed public hearing
concerning the extension of Urgency Ordinance No. 900 for an additional 10 months and 15 days.
3. On October 18, 2017, the City Council conducted a duly noticed public hearing
concerning the extension of Urgency Ordinance No. 900. On October 4, 2017 prior to the
expiration of Urgency Ordinance No. 900-A, the City Council issued a report as described in
Government Code Section 65858(d) on the measures taken to alleviate the need for Interim
Ordinance 900-A.
4. Pursuant to the authority set forth in Government Code Section 65858(a), it is the
intent of the City Council in adopting this Urgency Ordinance to extend Urgency Ordinance No.
900-A and to continue prohibiting all commercial cannabis uses in the City, prohibiting outdoor
marijuana cultivation on private residences and adopting regulations regarding indoor cultivation
in private residences for a period of ten (10) months and fifteen (15) days based on the findings
set forth below.
5. The Control, Regulate and Tax Adult Use of Marijuana Act ("AUMA") was approved
by the voters on November 8, 2016. The AUMA, among other things, legalizes the use of non-
medical marijuana for those who are 21 years of age or older and establishes a comprehensive
system to regulate commercial non-medical marijuana activity. The provisions of the AUMA
related to the possession, use, and cultivation of non-medical marijuana became effective on
November 9, 2016.
6. The AUMA permits cities to: (1) adopt and enforce local ordinances to regulate
non-medical marijuana businesses, including, but not limited to, local zoning and land use
requirements, business license requirements, and requirements related to reducing exposure to
secondhand smoke, or (2) completely prohibit the establishment or operation of one or more types
of marijuana businesses within its jurisdiction.
7. The AUMA grants State agencies the authority to create, issue, renew, discipline,
suspend, or revoke licenses for marijuana businesses provided that a State licensing authority
shall not approve an application for a State license for commercial non-medical marijuana activity
Ordinance No. 920 — Page 1 of 5
ATTACHMENT 2
P294
if approval of the State license will violate the provisions of any local ordinance. Furthermore, the
AUMA requires the State to begin issuing licenses to non-medical marijuana businesses by
January 1, 2018.
8. The AUMA allows for the planting, cultivation, harvesting, drying, and processing
("cultivation activities") of up to six marijuana plants in, or upon the grounds of, a private residence.
The AUMA authorizes a city to enact and enforce an ordinance that reasonably regulates
cultivation activities, and to completely prohibit cultivation activities outdoors upon the grounds of
a private residence unless the California Attorney General determines that non-medical use of
marijuana is lawful in the State under federal law.
9. The Federal Controlled Substances Act, 21 U.S.C. § 801, et seq., classifies
marijuana as a Schedule 1 Drug, which is defined as a drug or other substance that has a high
potential for abuse, that has no currently accepted medical use in treatment in the United States,
and that has not been accepted as safe for use under medical supervision. The Federal
Controlled Substances Act makes it unlawful under Federal law for any person to cultivate,
manufacture, distribute or dispense, or possess with intent to manufacture, distribute, or dispense
marijuana.
10. Cities in California have reported negative effects of marijuana cultivation,
processing, and distribution activities, including offensive odors, illegal sales and distribution of
marijuana, trespassing, theft, violent robberies and robbery attempts, fire hazards, and problems
associated with mold, fungus, and pests. Furthermore, as marijuana plants begin to flower, and
for a period of two months or more, the plants produce a strong, unique odor, offensive to many
people, and detectable far beyond property boundaries if grown outdoors. This odor can have
the effect of encouraging theft by alerting persons to the location of the valuable plants, and
creating a risk of burglary, robbery, or armed robbery of the plants and creating the potential for
violent acts related to such criminal activity.
11. All legal prerequisites to the adoption of this Ordinance have occurred.
B. Ordinance.
NOW, THEREFORE, the City Council hereby ordains as follows:
Section 1. The City Council finds that the facts set forth in the Recitals, Part A, of this
Ordinance are true and correct.
Section 2. Based upon facts found to be true in Section 1 of this Ordinance and all
other information available to the City Council concerning the subject matter of this Ordinance,
the City Council finds that commercial cannabis activities and the unregulated cultivation of
marijuana pursuant to the AUMA in the City before the City has an opportunity to adopt regulations
pursuant to the standard procedures of the City would create a public health and safety danger.
Based on the City's need for additional time to fully evaluate the primary and secondary effects
of the activities to be licensed under the AUMA, the City Council finds that the immediate
preservation of the public health, safety and welfare requires that this interim Ordinance be
enacted as an urgency ordinance pursuant to Government Code Section 65858 and take effect
immediately upon adoption, and its urgency is hereby declared.
Section 3. Definitions. Hereinafter in this Ordinance, the following words shall have
the meanings set forth below unless the context otherwise permits or requires:
Ordinance No. 920 — Page 2 of 5
P295
"AUMA" refers to the Control, Regulate and Tax Adult Use of Marijuana Act.
"Commercial non-medical marijuana activity" shall include the cultivation, possession,
manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, delivery,
or sale of marijuana and marijuana products for non-medical purposes.
"Cultivation" shall include any activity involving the planting, growing, harvesting, drying,
curing, grading, or trimming of marijuana.
"Delivery" shall mean the commercial transfer of marijuana or marijuana products to a
customer. Delivery also includes the use by a retailer of any technology platform owned and
controlled by retailer, or independently licensed under the AUMA that enables customers to
arrange for or facilitate the commercial transfer by a State licensed retailer of marijuana or
marijuana products.
"Marijuana" shall include all parts of the plant Cannabis sativa L., whether growing or not;
the seeds thereof; the resin extracted from any part of the plant; and every compound,
manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin. It does not
include (a) industrial hemp, as defined in Section 11018.5 of the Health and Safety Code; (b) the
weight of any other ingredient combined with marijuana to prepare topical or oral administrations,
food, drink, or other product; and (c) marijuana that is cultivated, processed, transported,
distributed, or sold for medical purposes under Chapter 3.4 of Division 8 of the Business and
Professions Code.
Section 4. Prohibitions and Regulations.
a. Commercial non-medical marijuana activity is expressly prohibited in all zones and
all specific plan areas in the City of Rancho Cucamonga. No person shall establish, operate,
maintain, conduct, or allow commercial non-medical marijuana activity anywhere within the City.
No application for a building permit, conditional use permit, business license, or any other
entitlement authorizing the establishment, operation, maintenance, development, or construction
of any use that allows for commercial non-medical marijuana activity shall be accepted or
approved during the term of the prohibition established in this Ordinance.
b. This Section 4 is intended in part to prohibit all activities for which a State license
is required pursuant to the AUMA. Accordingly, the City shall not issue any permit, license, or
other entitlement for any activity for which a State license is required under the AUMA. The City
shall also not issue any local license to a non-profit pursuant to provisions of Business and
Professions Code section 26070.5.
c. To the extent not already prohibited elsewhere in this Section 4, delivery of
marijuana, marijuana products, or both originating in the City, terminating in the City, or both is
expressly prohibited. No person shall conduct or perform any delivery of any marijuana or
marijuana product, which delivery either originates in the City, terminates in the City, or both.
d. Marijuana shall not be cultivated outdoors upon the grounds of a private residence.
Indoor marijuana cultivation will be allowed only as set forth in State law, which permits no more
than six live marijuana plants to be planted, cultivated, harvested, dried, or processed within a
single private residence or inside a fully enclosed and secured accessory structure located upon
the grounds of a private residence that is fully enclosed and secured. No person shall cultivate
marijuana in any manner that causes any of the following conditions:
Ordinance No. 920 — Page 3 of 5
P296
1. Light, glare, odor, noise, or vibration that is or whose effect is either
detrimental to public health, safety, or welfare or interferes with the reasonable enjoyment of life
or property; or
2. Any violation of Section 17.64.120 of the Municipal Code.
e. Any marijuana cultivation that exceeds the limits set forth in this Section 4 is
prohibited, is unlawful, and constitutes a public nuisance.
f. Nothing in this Ordinance or its adoption shall be deemed to affect any other
prohibitions or regulations relating to marijuana in the Rancho Cucamonga Municipal Code,
including, but not limited to, Ordinance No. 897, except to the extent that State law allows
cultivation of marijuana consistent with the restrictions set forth in this Ordinance. The City will
not enforce those provisions of Ordinance No. 897 that prohibit the personal indoor cultivation of
up to 6 live marijuana plants in a manner consistent with State law and subsections d and e above.
Nothing in this Ordinance shall be deemed to affect or excuse any violation of the Rancho
Cucamonga Municipal Code or of Ordinance No. 897, except as otherwise described in this
Section 4.
g. Nothing in this Ordinance shall be interpreted to the effect that the City's
permissive zoning scheme allows any other use not specifically listed therein.
Section 5. Public Nuisance. Any use or condition caused, or permitted to exist, in
violation of any provision of this Ordinance shall be, and hereby is declared to be, a public
nuisance and may be summarily abated by the City pursuant to Code of Civil Procedure Section
731 or by any other remedy available to the City.
Section 6. Penalty. Violation of any provision of this Ordinance shall constitute a
misdemeanor and shall be punishable by a fine not to exceed one thousand dollars ($1,000) or
by imprisonment for a period not to exceed six (6) months, or by both such fine and imprisonment.
Each and every day such a violation exists shall constitute a separate and distinct violation of this
Ordinance.
Section 7. Civil Penalties. In addition to any other enforcement permitted by this
Ordinance, the City Attorney may bring a civil action for injunctive relief and civil penalties against
any person or entity that violates this Interim Ordinance. In any civil action brought pursuant to
this Interim Ordinance, a court of competent jurisdiction may award reasonable attorneys' fees
and costs to the prevailing party.
Section 8. CEQA. It can be seen with certainty that there is no possibility that the
adoption of the Interim Ordinance may have a significant effect on the environment because the
Interim Ordinance will only impose greater and temporary limitations on marijuana -related uses
allowed in the City, and will thereby serve to prevent potentially significant adverse environmental
impacts. The City Council has reviewed staff's determination of exemption and based on its own
independent judgment, concurs in staffs determination that the Interim Ordinance is exempt from
CEQA. The adoption of the Interim Ordinance is therefore not subject to the California
Environmental Quality Act review pursuant to Title 14, Chapter 3, Section 15061(b)(3) of the
California Code of Regulations.
Section 9. Severability. If any section, subsection, subdivision, sentence, clause, phrase
or portion of this Ordinance, is for any reason, held to be invalid or unconstitutional by the decision
Ordinance No. 920 — Page 4 of 5
P297
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 10. Term. This Ordinance shall take effect concurrent with the expiration of
Urgency Ordinance No. 900-A at midnight on November 15, 2017, and shall remain in effect for
a period of ten (10) months and fifteen (15) days.
Section 11. The City Clerk shall certify to the adoption of this Ordinance.
L. Dennis Michael
Mayor
I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the
foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Rancho
Cucamonga held on the 18th day of October 2017, and was passed at a regular meeting of the
City Council of the City of Rancho Cucamonga held on the 18th day of October 2017, by the
following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAINED: COUNCILMEMBERS:
ATTEST:
Janice C. Reynolds
City Clerk
Ordinance No. 920 — Page 5 of 5
P298
CITY OF RANCHO CUCAMONGA
DATE: October 18, 2017
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Candyce Burnett City Planner
Jennifer Nakamura. Associate Planner
STAFF REPORT
SUBJECT: CONSIDERATION TO CONDUCT FIRST READING AND INTRODUCE
ORDINANCE NO. 921, AMENDING TITLES 8 AND 17 OF THE RANCHO
CUCAMONGA MUNICIPAL CODE PROHIBITING ALL COMMERCIAL
CANNABIS ACTIVITY, BOTH MEDICAL AND NON-MEDICAL,
PROHIBITING OUTDOOR CULTIVATION AND ALLOWING INDOOR
CANNABIS CULTIVATION CONSISTENT WITH STATE LAW
RECOMMENDATION:
The Planning Commission recommends the City Council conduct a first reading of Ordinance
Number 921, entitled "An Ordinance of the City of Rancho Cucamonga, Amending the Rancho
Cucamonga Municipal Code Prohibiting All Commercial Cannabis Activity, Both Medical and Non -
Medical, Prohibiting Outdoor Cultivation, and Allowing Indoor Cannabis Cultivation Consistent
with State Law, and Making Findings In Support Thereof" by title only.
BACKGROUND:
The Medical Cannabis Regulation and Safety Act (the MCRSA) was enacted on October 9, 2015
and established a State licensing scheme for commercial medical marijuana uses, while
protecting local control by requiring that all such businesses have a local license or permit to
operate in addition to a State license. The MCRSA allowed Rancho Cucamonga to completely
prohibit commercial medical cannabis activities, but required cities to adopt regulations or
prohibitions on the cultivation of cannabis either expressly or otherwise under the principles of
permissive zoning. The MCRSA also contains language that permits cannabis delivery services
to operate in a city, unless deliveries are expressly prohibited by local ordinance.
The MCRSA follows the voters' approval of Proposition 215 (codified as California Health and
Safety Code Section 11362.5, and entitled "The Compassionate Use Act of 1996" or the "CUA")
and the Legislature's enactment in 2004 of the Medical Marijuana Program ("MMP") (codified as
California Health and Safety Code Section 11362.7 et seq.), which clarified the scope of
Proposition 215.
The intent of Proposition 215 was to allow use of cannabis for medical purposes without fear of
criminal prosecution. Marijuana (also known as cannabis) nevertheless remains a Schedule 1
Drug under the Federal Controlled Substances Act, 21 U.S.C. § 801 et seq. A Schedule 1 Drug
is one that has a high potential for abuse, has no accepted medical use in treatment, and is not
accepted as safe under medical supervision. Because it is classified as a Schedule 1 Drug, it is
Page 1 of 5
CITY COUNCIL STAFF REPORT P299
CONSIDERATION TO CONDUCT FIRST READING AND INTRODUCE ORDINANCE NO. 921
CANNABIS
October 18, 2017
unlawful without exemptions under federal law for any person to cultivate, manufacture, distribute,
dispense, or possess marijuana.
The City expressly banned the dispensing of marijuana from any facility or location, whether fixed
or mobile, through adoption of a Development Code restriction in March 2007. Cultivation and
delivery were not specifically addressed, but the City has a permissive zoning ordinance which
means that activities not expressly permitted are prohibited. Section 17.30.020.0 of the Rancho
Cucamonga Municipal Code currently provides that all land uses that are not listed in the zoning
district tables are not allowed, except as otherwise provided for in that title. Commercial cannabis
activities, including but not limited to cultivation and delivery of cannabis, are not listed in the
zoning district tables. The cultivation of cannabis was therefore already prohibited under the
City's permissive zoning regulations.
On November 2, 2016, the City Council adopted Ordinance No. 897 which expressly prohibited
all commercial cannabis activities in the City, including deliveries, and prohibited all medical
marijuana cultivation, including cultivation for medical use by a qualified patient or primary
caregiver. This eliminated any ambiguity that could be interpreted by our permissive zoning
ordinance.
On November 8, 2016, California voters approved Proposition 64, which is also known as the
California Marijuana Legalization Initiative and the Control, Regulate and Tax Adult Use of
Marijuana Act ("AUMA"). The AUMA, among other things, legalizes the use of non-medical
marijuana for those who are 21 years of age or older and establishes a comprehensive system to
regulate commercial non-medical marijuana activity.
The AUMA permits cities to: (1) adopt and enforce local ordinances to regulate non-medical
marijuana businesses, including, but not limited to, local zoning and land use requirements,
business license requirements, and requirements related to reducing exposure to secondhand
smoke, or (2) completely prohibit the establishment or operation of one or more types of marijuana
businesses within its jurisdiction. The AUMA also grants State agencies the authority to create,
issue, renew, discipline, suspend, or revoke licenses for marijuana businesses provided that a
State licensing authority shall not approve an application for a State license for commercial non-
medical marijuana activity if approval of the State license will violate the provisions of any local
ordinance. Furthermore, the AUMA requires the State to begin issuing licenses to non-medical
marijuana businesses by January 1, 2018.
The AUMA allows for the planting, cultivation, harvesting, drying, and processing ("cultivation
activities") of up to six marijuana plants in, or upon the grounds of, a private residence. The AUMA
authorizes a city to enact and enforce an ordinance that reasonably regulates cultivation activities,
and to completely prohibit cultivation activities outdoors upon the grounds of a private residence
unless the California Attorney General determines that non-medical use of marijuana is lawful in
the State under Federal law.
On November 16, 2016, the City Council adopted Urgency Ordinance No. 900, valid for 45 days,
that did the following: (1) prohibited all commercial non-medical marijuana activities within the
City, including but not limited to commercial cultivation, sales and deliveries, (2) prohibited outdoor
cultivation on a private residence and (3) permited indoor cultivation as required by the AMUA,
limited to six live plants to be planted, cultivated, harvested, dried, or processed within a single
private residence or inside a fully enclosed and secured accessory structure located upon the
grounds of a private residence that is fully enclosed and secured. On December 7, 2016, the City
Page 2 of 5
CITY COUNCIL STAFF REPORT P300
CONSIDERATION TO CONDUCT FIRST READING AND INTRODUCE ORDINANCE NO. 921
CANNABIS
October 18, 2017
Council extended the urgency ordinance for 10 months, 15 days to allow staff time to develop
permanent regulations. The urgency ordinance is set to expire on November 15, 2017.
On June 27, 2017, the Governor signed into law Senate Bill 94 which repealed the MCRSA,
included certain provisions of the MCRSA in the licensing provisions of the AUMA, and created a
single regulatory scheme for both medical and non-medical cannabis known as the Medicinal and
Adult -Use Cannabis Regulation and Safety Act ("MAUCRSA"). The MAUCRSA retains the
provisions in the MCRSA and the AUMA that granted local jurisdictions control over whether
commercial cannabis activity can occur in a particular jurisdiction. Specifically, California
Business and Professions Code section 26200 provides that the MAUCRSA shall not be
interpreted to supersede or limit the authority of a local jurisdiction to adopt and enforce local
ordinances that completely prohibit the establishment or operation of one or more businesses
licensed under the State, within that local jurisdiction. Furthermore, the MAUCRSA provides that
a State licensing authority shall not approve an application for a State license for a business to
engage in commercial cannabis activity if approval of the State license will violate the provisions
of any local ordinance or regulation. The MAUCRSA requires that a State licensing authority
begin issuing licenses to marijuana businesses beginning January 1, 2018.
The Federal Controlled Substances Act, 21 U.S.C. § 801, et seq., classifies marijuana as a
Schedule 1 Drug, which is defined as a drug or other substance that has a high potential for
abuse, that has no currently accepted medical use in treatment in the United States, and that has
not been accepted as safe for use under medical supervision. The Federal Controlled
Substances Act makes it unlawful under Federal law for any person to cultivate, manufacture,
distribute or dispense, or possess with intent to manufacture, distribute, or dispense marijuana.
Cities in California have reported negative effects of marijuana cultivation, processing, and
distribution activities, including offensive odors, illegal sales and distribution of marijuana,
trespassing, theft, violent robberies and robbery attempts, fire hazards, and problems associated
with mold, fungus, and pests. Furthermore, as marijuana plants begin to flower, and for a period
of two months or more, the plants produce a strong, unique odor, offensive to many people, and
detectable far beyond property boundaries if grown outdoors. This odor can have the effect of
encouraging theft by alerting persons to the location of the valuable plants, and creating a risk of
burglary, robbery, or armed robbery of the plants and creating the potential for violent acts related
to such criminal activity.
ANALYSIS:
The proposed amendment integrates and updates the prohibitions outlined in Ordinance numbers
791 (2008), 897 (2016) and Urgency Ordinance 900/900A (2016). The proposed ordinance does
the following: (1) prohibits all commercial cannabis activities within the City, both medical and
non-medical, including but not limited to commercial cultivation, sales and deliveries, (2) prohibits
outdoor cannabis cultivation on a private residence and (3) permits indoor personal cannabis
cultivation as required by the AMUA, limited to six live plants to be planted, cultivated, harvested,
dried, or processed within a single private residence or inside a fully enclosed and secured
accessory structure located upon the grounds of a private residence that is fully enclosed and
secured.
The following table outlines the permanent regulations proposed, which are consistent with
Ordinances 791, 897 and Urgency Ordinance 900/900A:
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CITY COUNCIL STAFF REPORT P301
CONSIDERATION TO CONDUCT FIRST READING AND INTRODUCE ORDINANCE NO. 921
CANNABIS
October 18, 2017
Type of Use
Proposed Regulation
Medical Marijuana Dispensary
Prohibited
Commercial Marijuana Dispensary
Prohibited
Marijuana Transportation/Delivery
Prohibited
Marijuana Storage
Prohibited
Marijuana Laboratory Testing
Prohibited
Marijuana Cultivation — Personal (Outdoor)
Prohibited
Marijuana Cultivation — Personal (Indoor)
Allowed in residential zones as required by law.
Limited to 6 plants per residence.
No use permit is required.
Must acquire all necessary building permits for
associated improvements (i.e. plumbing,
electrical, etc.)
Must not create any light, glare, odor, noise or
vibration that interferes with the reasonable
enjoyment of life or property.
Marijuana Cultivation — Commercial
(Outdoor)
Prohibited
Marijuana Cultivation — Commercial
(Indoor)
Prohibited
Violations of the regulations can be reported to Community Improvement for investigation and
remedy. Violation of the ordinance is considered a misdemeanor and is punishable by a fine of
up to $1,000 and/or up to 6 months in prison. In addition, the City can bring civil action against
violators.
This project is deemed exempt from the requirements of the California Environmental Quality Act
(CEQA) and the City's CEQA Guidelines. Pursuant to CEQA Guidelines Section 15061(b)(3),
where it can be seen with certainty that there is no possibility that the project, to prohibit
commercial cannabis activity will have a significant effect on the environment. The project will
not result in a permanent alteration of property nor the construction of any new or expanded
structures. Therefore, the project by itself does not result in any physical changes in the
environment. The project is also eligible for a Class 5 Categorical Exemption for minor changes
in land use limitations with an average slope of Tess than 20% that do not result in any changes
in land use or density. Since the project is prohibiting all commercial cannabis uses, it will not
result in changes in land use or density. Therefore, this project will not have a significant effect
on the environment
Per Section 17.22.040 of the Development Code, amendments to the Code may be approved
only when the City Council finds that the Development Code amendment is consistent with the
General Plan goals, policies, and implementation programs. General Plan Land Use Policy LU -
1.1 encourages the protection of neighborhoods from the encroachment of incompatible activities
or land uses that may have a negative impact on the residential living environment. By prohibiting
commercial cannabis activity and restricting personal cannabis cultivation to the greatest extent
allowed by State law, the City is averting the reported negative effects of cannabis cultivation
activities, including offensive odors, illegal sales and distribution of cannabis, trespassing, theft,
violent robberies and robbery attempts, fire hazards, and problems associated with mold, fungus
and pests.
Page 4 of 5
P302
CITY COUNCIL STAFF REPORT
CONSIDERATION TO CONDUCT FIRST READING AND INTRODUCE ORDINANCE NO. 921
CANNABIS
October 18, 2017
FISCAL IMPACT:
None
COUNCIL GOAL(S) ADDRESSED:
None
ATTACHMENTS:
Attachment 1 — Planning Commission September 27, 2017 Meeting Minutes
Attachment 2 — Planning Commission Resolution 17-82
Attachment 3 — Ordinance No. 921
Page 5 of 5
CITY OF RANCHO CUCAMONGA
SEPTEMBER 27, 2017
HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION
MINUTES
RANCHO CUCAMONGA CIVIC CENTER
COUNCIL CHAMBERS
10500 CIVIC CENTER DRIVE
RANCHO CUCAMONGA, CALIFORNIA
P303
community with a FAQ on the website. She said we will do invitational outrea • - - o
stakeholder groups and at school board meeting, CVWD, and HOA's an• - e online
engagement. She said a mailing is planned for the FAQ. She noted ► e City can't see
comments on Next Door, we need folks to report to us if there - - - • ments. She noted the
City will be filming tomorrow a segment about Heal • - with an emphasis on the
conservation area.
Commissioner Munoz appreciate + information and said he is glad about upcoming
notifications.
No member - e public spoke. The Secretary noted the Commissioner's comments and
will • - - i the comments received to the environmental consultants in preparation of the
ronmental documents and studies.
E2.
IIK
MUNICIPAL CODE AMENDMENT DRC2017-00725 — CITY OF RANCHO CUCAMONGA - A
request to amend Titles 8 and 17 of the Municipal Code to amend regulations regarding
cannabis activity within the City. This item is exempt from the requirements of the California
Environmental Quality Act (CEQA) and the City's CEQA guidelines under CEQA sections
15061(6)(3) and 15305. This item will be forwarded to City Council for final action.
Jennifer Nakamura, Associate Planner gave the staff report and PowerPoint presentation
(copy on file)
Commissioner Fletcher asked if they can deliver by mail and if minors can be prescribed
medical marijuana.
Nick Ghirelli, Assistant City Attorney said the City and State cannot regulate the mail. He said
the City can regulate the commercial and non-commercial delivery. He said he will check to
see if minors can get a prescription for medical marijuana.
Vice Chairman Macias asked if this measure is passed can they apply for a building structure
in which to grow the plants.
Attachment 1
CITY OF RANCHO CUCAMONGA
SEPTEMBER 27, 2017
HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION
MINUTES
RANCHO CUCAMONGA CIVIC CENTER
COUNCIL CHAMBERS
10500 CIVIC CENTER DRIVE
RANCHO CUCAMONGA, CALIFORNIA
P304
Ms. Nakamura said they would still have to follow all land use limits for lot coverage, etc. and
the building structure would have to go through the regular building permitting and inspection
process.
Mr. Ghirelli noted that the building official does not ask the purpose of a building. If its
permitted, they can receive a permit to build it.
Ms. Nakamura said the chart (see attachment to staff report) is needed because permits may
be needed for example, an electric panel to handle the load of the grow lights.
Vice Chairman Macias expressed concern that we may be encouraging illegal growing
operations.
Commissioner Munoz noted that 6 plants are allowed per residence. He asked hypothetically
if one can grow more than that if he is growing for his neighbors.
Ms. Nakamura said this is per residence and not per resident irrespective of the number of
occupants in the house, only 6 plants are allowed per house (or dwelling unit).
Vice Chairman Macias opened the public hearing and seeing and hearing no comment, closed
the public hearing.
Moved by Macias, seconded by Munoz, carried 3-0-2 (Oaxaca, Wimberly absent) to
recommend approval of Municipal Code Amendment DRC2017-00725 to be forwarded to the
City Council for final action.
E3. MUNICIPAL CODE AMENDMENT DRC2017-00726 — CITY OF ' ' ► . • : ►►ONGA - A
unicipa ode to
landscaping requirements, adopt revised State water efficient landsca•- os, and
amend the conditionally permitted zones for indoor entertainme -creation uses. This
item is exempt from the requirements of the California E ental Quality Act (CEQA) and
the City's CEQA Guidelines under CEQA Sectio • (b)(3). This item will be forwarded to
the City Council for final action.
Jennifer Nakamura, Asso "lanner, gave the staff report and PowerPoint presentation
(copy on file). She e water MWELO will primarily affect new development.
P305
RESOLUTION NO.17-82
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL
OF MUNICIPAL CODE AMENDMENT DRC2017-00725, PROHIBITING ALL
COMMERCIAL CANNABIS ACTIVITY, BOTH MEDICAL AND NON-
MEDICAL, PROHIBITING OUTDOOR CULTIVATION AND ALLOWING
INDOOR CANNABIS CULTIVATION CONSISTENT WITH STATE LAW
A. Recitals.
1. The City of Rancho Cucamonga has prepared Municipal Code Amendment DRC2017-
00725, as described in the title of this Resolution. Hereinafter in this Resolution, the subject
Municipal Code Amendment is referred to as "the application".
2. On September 27, 2017, the Planning Commission of the City of Rancho Cucamonga
conducted a noticed public hearing on the application and concluded said hearing on that date.
3. All legal prerequisites prior to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning
Commission of the City of Rancho Cucamonga as follows:
1. This Commission 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 Planning Commission during
the above -referenced public hearing on September 27, 2017, including written and oral staff
reports, together with public testimony, this Commission hereby specifically finds as follows:
a. General Plan Land Use Policy LU -1.1 encourages the protection of
neighborhoods from the encroachment of incompatible activities or land uses that may have a
negative impact on the residential living environment; and
b. By prohibiting commercial cannabis activity and restricting personal cannabis
cultivation to the greatest extent allowed by State law, the City is averting the reported negative
effects of cannabis cultivation activities, including offensive odors, illegal sales and distribution of
cannabis, trespassing, theft, violent robberies and robbery attempts, fire hazards, and problems
associated with mold, fungus and pests.
3. The 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. Pursuant to CEQA Guidelines Section 15061(b)(3), where it can be seen with
certainty that there is no possibility that the project, to prohibit commercial cannabis activity will
have a significant effect on the environment. The project will not result in a permanent alteration
of property nor the construction of any new or expanded structures. Therefore, the project by
itself does not result in any physical changes in the environment. The project is also eligible for
a Class 5 Categorical Exemption for minor changes in land use limitations with an average slope
Attachment 2
P3O6
PLANNING COMMISSION RESOLUTION NO.17-82
MUNICIPAL CODE AMENDMENT DRC2017-00725- CITY OF RANCHO CUCAMONGA
September 27, 2017
Page 2
of less than 20% that do not result in any changes in land use or density. Since the project is
prohibiting all commercial cannabis uses, it will not result in changes in land use or density.
Therefore, this project will not have a significant effect on the environment.
4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above,
this Commission hereby recommends that the City Council approve Municipal Code Amendment
DRC2017-00725 as indicated in Attachment A incorporated herein by this reference.
5. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 27TH DAY OF SEPTEMBER 2017.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
ATTEST:
Francisco Oaxaca, Chairman
CandycejBurnett, Secretary
I, Candyce Burnett, Secretary of the Planning Commission for the City of Rancho Cucamonga,
do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and
adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of
the Planning Commission held on the 27th day of September 2017, by the following vote -to -wit:
AYES: COMMISSIONERS: FLETCHER, MACIAS, MUNOZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: OAXACA, WIMBERLY
ABSTAIN: COMMISSIONERS: NONE
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA,
AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE
PROHIBITING ALL COMMERCIAL CANNABIS ACTIVITY,
BOTH MEDICAL AND NON-MEDICAL, PROHIBITING
OUTDOOR CULTIVATION, AND ALLOWING INDOOR
CANNABIS CULTIVATION CONSISTENT WITH STATE LAW,
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 DRC2017-00725, 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. Over the years, the City has adopted ordinances pertaining to cannabis to
address municipal options and issues presented by changes in State law. In 2008, Ordinance
No. 793 was adopted to prohibit medical marijuana dispensaries throughout the City.
C. On October 9, 2015, Governor Brown signed Assembly Bill No. 243, Assembly
Bill No. 266, and Senate Bill 643 into law, which were collectively known as the Medical
Cannabis Regulation and Safety Act (hereinafter "MCRSA"). The MCRSA established a State
licensing scheme for commercial medical cannabis uses, while protecting local control by
requiring that all such businesses have a local license or permit to operate in addition to a State
license. The MCRSA allowed the City to completely prohibit commercial medical cannabis
activities.
D. In 2016, Ordinance No. 897 was adopted to prohibit all commercial cannabis
activities in the City, including deliveries and prohibiting all medical marijuana cultivation,
including cultivation for medical use by a qualified patient or primary caregiver.
E. On November 8, 2016, California voters approved the Control, Regulate and Tax
Adult Use of Marijuana Act ("AUMA"). The AUMA added Division 10 to the California Business
and Professions Code, sections 26000, et seq., which grants State agencies the authority to
create, issue, renew, discipline, suspend, or revoke licenses for cannabis businesses. The
AUMA provides that the State shall begin issuing licenses to cannabis businesses under
Division 10 of the California Business and Professions Code by January 1, 2018. California
Business and Professions Code section 26055(e) provides that a State licensing authority shall
not approve an application for a State license for commercial non-medical cannabis activity if
approval of the State license will violate the provisions of any local ordinance.
F. Immediately following the passage of the AMUA, Interim Ordinance No. 900/900-
A was adopted to prohibit all commercial non-medical cannabis activities in the City, prohibiting
outdoor cultivation on private residences and adopting regulations for indoor cultivation.
ATTACHMENT
AOrdinance No. xxx — Page 1 of 11
P307
P308
G. On June 27, 2017, the Governor signed into law Senate Bill 94 which repealed
the MCRSA, included certain provisions of the MCRSA in the licensing provisions of the AUMA,
and created a single regulatory scheme for both medical and non-medical cannabis known as
the Medicinal and Adult -Use Cannabis Regulation and Safety Act ("MAUCRSA"). The
MAUCRSA retains the provisions in the MCRSA and the AUMA that granted local jurisdictions
control over whether commercial cannabis activity can occur in a particular jurisdiction.
Specifically, California Business and Professions Code section 26200 provides that the
MAUCRSA shall not be interpreted to supersede or limit the authority of a local jurisdiction to
adopt and enforce local ordinances that completely prohibit the establishment or operation of
one or more businesses licensed under the State, within that local jurisdiction. Furthermore, the
MAUCRSA provides that a State licensing authority shall not approve an application for a State
license for a business to engage in commercial cannabis activity if approval of the State license
will violate the provisions of any local ordinance or regulation. The MAUCRSA requires that a
State licensing authority begin issuing licenses to marijuana businesses beginning
January 1, 2018. The MAUCRSA also requires that a city provide a copy of its ordinance
regarding commercial cannabis activity to the Bureau of Cannabis Control.
H. On the 27th day of September, 2017, 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. 17-82, recommending that the City
Council of the City of Rancho Cucamonga adopt said amendment.
On the 18th day of October, 2017, the City Council of the City of Rancho
Cucamonga conducted a noticed public hearing on the amendment and concluded said hearing
on that date.
J. 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 changes
proposed to Title 17 (Development Code) in the amendment are consistent with the general
plan goals, policies and implementation programs. General Plan Policy LU -1.1 encourages the
protection of neighborhoods from the encroachment of incompatible activities or land uses that
may have a negative impact on the residential living environment. By prohibiting commercial
cannabis activity and restricting personal cannabis cultivation to the greatest extent allowed by
State law, the City is averting the reported negative effects of cannabis cultivation activities,
including offensive odors, illegal sales and distribution of cannabis, trespassing, theft, violent
robberies and robbery attempts, fire hazards, and problems associated with mold, fungus and
pests.
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. Pursuant to CEQA Guidelines Section 15061(b)(3), where it can be seen with
certainty that there is no possibility that the project, to prohibit commercial cannabis activity will
have a significant effect on the environment. The project will not result in a permanent alteration
of property nor the construction of any new or expanded structures. Therefore, the project by
itself does not result in any physical changes in the environment. The project is also eligible for
a Class 5 Categorical Exemption for minor changes in land use limitations with an average
slope of less than 20% that do not result in any changes in land use or density. Since the
Ordinance No. xxx — Page 2 of 11
P3O9
project is prohibiting all commercial cannabis uses, it will not result in changes in land use or
density and will not have a significant environmental impact.
SECTION 4. Chapter 8.52 (Marijuana Cultivation and Cannabis Commerce) of Title
8 (Health and Safety) of the Rancho Cucamonga Municipal Code is hereby deleted in its
entirety and replaced as follows:
"CHAPTER 8.52 CANNABIS PROHIBITIONS AND REGULATIONS
Section 8.52.010: Definitions.
Section 8.52.020: Prohibited activities.
Section 8.52.030: Exceptions.
Section 8.52.040: Violation, penalty.
8.52.010 Definitions.
For purposes of this chapter, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
"Cannabis" means all parts of the plant Cannabis sativa linnaeus, Cannabis indica, or
Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or
purified, extracted from any part of the plant; and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the
separated resin, whether crude or purified, obtained from cannabis. "Cannabis" includes
cannabis that is used for medical, non-medical, or other purposes. "Cannabis" does not include
the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of
the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the
mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of
the plant which is incapable of germination. "Cannabis" also does not include industrial hemp,
as defined in California Health and Safety Code section 11018.5.
"Cannabis product" means cannabis that has undergone a process whereby the plant
material has been transformed into a concentrate, including, but not limited to, concentrated
cannabis, or an edible or topical product containing cannabis or concentrated cannabis and
other ingredients.
"Commercial cannabis activity" means the cultivation, possession, manufacture,
distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery
or sale of cannabis and cannabis product for medical, non-medical, or any other purpose and
includes the activities of any business licensed by the State or other government entity under
Division 10 of the California Business and Professions Code, or any provision of State law that
regulates the licensing of cannabis businesses. Commercial cannabis activity does not include
the cultivation, possession, storage, manufacturing, or transportation of cannabis by a qualified
patient for his or her personal medical use so long as the qualified patient does not provide,
donate, sell or distribute cannabis to any other person. Commercial cannabis activity also does
not include the cultivation, possession, storage, manufacturing, transportation, donation or
provision of cannabis by a primary caregiver, exclusively for the personal medical purposes of
no more than five specified qualified patients for whom he or she is the primary caregiver, but
who does not receive remuneration for these activities except for compensation in full
compliance with California Health and Safety Code section 11362.765.
Ordinance No. xxx — Page 3 of 11
P310
"Concentrated cannabis" means manufactured cannabis that has undergone a process
to concentrate one or more active cannabinoids, thereby increasing the product's potency.
Resin from granular trichomes from a cannabis plant is a concentrate.
"Cultivation" means any activity involving the planting, growing, harvesting, drying,
curing, grading, or trimming of cannabis.
"Delivery" means the commercial transfer of cannabis or cannabis products to a
customer. "Delivery" also includes the use by a retailer of any technology platform owned and
controlled by the retailer.
"Distribution" means the procurement, sale, and transport of cannabis and cannabis
products between entities licensed under Division 10 of the California Business and Professions
Code, as the same may be amended from time to time.
"Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare
a cannabis product.
"MAUCRSA" means the Medicinal and Adult -Use Cannabis Regulation and Safety Act
as codified in Division 10 of the Business and Professions Code, as the same may be amended
from time to time.
"Person" means any natural person, firm, corporation, association, club, society,
partnership, joint venture, limited liability company, sole proprietorship, collective, cooperative,
coop, non-profit, estate, trust, receiver, syndicate, or any other organization, group or entity or
combination of organizations or entities of any kind whatsoever, however formed, as well as
trustees, heirs, executors, administrators, and/or assigns, and shall also include any owner,
operator, manager, proprietor, employee, agent, officer, volunteer, salesperson, trustees, heirs,
executors, administrators and assigns. The term "person" shall also include all persons who
have an ownership or leasehold interest in any real property, premises and/or structures in
which commercial cannabis activity is occurring.
"Primary caregiver" shall have the same meaning as is defined in California Health and
Safety Code section 11362.7(d), as the same may be amended from time to time.
"Qualified patient" means a person who is entitled to the protections of California Health
and Safety Code Section 11362.5, as the same may be amended from time to time.
8.52.020 Prohibited activities.
Subject to the exceptions set forth in Section 8.52.030, the following activities are
prohibited in the City:
A. Commercial cannabis activity, whether or not for profit, is prohibited in the city.
No person shall establish, operate, maintain, conduct, allow, or engage in commercial cannabis
activity anywhere within the City.
B. A property owner shall not rent, lease or otherwise permit any person or business
that engages in commercial cannabis activity to occupy real property in the City. A property
owner shall not allow any person or business to establish, operate, maintain, conduct, or
Ordinance No. xxx — Page 4 of 11
P311
engage in commercial cannabis activity on any real property owned or controlled by that
property owner that is located in the City.
C. Subsection A above shall prohibit all activities for which a State license is
required pursuant to the MAUCRSA, as the same may be amended from time to time.
D. Subject to the exceptions set forth in Section 8.52.030 below, and to the extent
not already prohibited by subsection A above, all deliveries of cannabis or cannabis products, to
or from any location are expressly prohibited. No person shall conduct or perform any delivery
of any cannabis or cannabis products, which delivery either originates or terminates within the
city.
8.52.030 Exceptions.
A. Nothing in this chapter shall prohibit any person from transporting cannabis
through the jurisdictional limits of the City for delivery or distribution to a person located outside
the City, where such transport does not involve delivery or distribution within the jurisdictional
limits of the City.
B. Nothing in this chapter shall prohibit a person 21 years of age or older from
engaging in any activities authorized under California Health and Safety Code section 11362.1.
C. Nothing in this chapter shall prohibit any commercial cannabis activity that the
city is required by State law to permit within its jurisdiction pursuant Business and Professions
Code section 26054(c) and (d), as the same may be amended from time to time, or any other
provision of the MAUCRSA.
8.52.040 Violation, penalty.
In addition to any other enforcement permitted by this Chapter 8.52 of the Rancho
Cucamonga Municipal Code, the city attorney or city prosecutor may bring a civil action for
injunctive relief and civil penalties against any person or entity that violates this chapter. In any
civil action brought pursuant to this article, a court of competent jurisdiction may award
reasonable attorneys' fees and costs to the prevailing party. Notwithstanding the penalties set
forth in Section 1.12.010 of the Rancho Cucamonga Municipal Code, no provision of this
Chapter authorizes a criminal prosecution, arrest or penalty inconsistent with or prohibited by
Health and Safety Code Section 11362.71, et seq. or section 11362.1, et seq., as the same may
be amended from time to time. In the event of any conflict between the penalties enumerated
under Section 1.12.010 of the Rancho Cucamonga Municipal Code and any penalties set forth
in State law, the maximum penalties allowable under State law shall govern."
SECTION 5. Table 17.30.030-1 of Section 17.30.030 (Allowed land uses and
permit requirements) of Chapter 17.30 (Allowed Land Use by Base Zoning District) of Title 17
(Development Code) is hereby amended as follows:
Ordinance No. xxx — Page 5 of 11
P312
TABLE 17.30.030-1: ALLOWED LAND USES AND PERMIT REQUIREMENTS
BY BASE ZONING DISTRICT
Land Use/
Zoning District
VL
L
LM
M
MH
H
MU
OP
NC
GC
CC
SC
RRC
CO
IP
GI
MI/HI
HI
OS
HR
FC
UC
Retail, Service and Office Uses
MectiGal—Mn��. _n a
N
N
Al
N
N
N
tat
N
N
N
N
N
N
NNN
N
N
Al
N
N
N
Dispensary
Commercial
Cannabis Activity
NNNNNNNNNNNN
N
NNN
N
NNNNN
SECTION 6. Section 17.32.020(E)(36) is deleted in its entirety:
36. Medical marijuana dispensary. Any facility or location, whether fixed or mobile,
a. A qualified patient;
b. A person with an identification card; or
c. A primary caregiver.
SECTION 7. Section 17.32.020(E) is amended to add the following:
Commercial Cannabis Activity. Any location providing for the cultivation, possession,
manufacture, distribution, processing, storing, laboratory testing, packaging, labeling,
transportation, delivery or sale of cannabis and cannabis product for medical, non-medical, or
any other purpose and includes the activities of any business licensed by the State or other
government entity under Division 10 of the California Business and Professions Code, or any
provision of State law that regulates the licensing of cannabis businesses. Commercial
cannabis activity does not include the cultivation, possession, storage, manufacturing, or
transportation of cannabis by a qualified patient for his or her personal medical use so long as
the qualified patient does not provide, donate, sell or distribute cannabis to any other person.
Commercial cannabis activity also does not include the cultivation, possession, storage,
manufacturing, transportation, donation or provision of cannabis by a primary caregiver,
exclusively for the personal medical purposes of no more than five specified qualified patients
for whom he or she is the primary caregiver, but who does not receive remuneration for these
activities except for compensation in full compliance with California Health and Safety Code
section 11362.765.
SECTION 8. Chapter 17.94 (Medical Marijuana Dispensaries) of Title 17
(Development Code) of the Rancho Cucamonga Municipal Code is deleted in its entirety and
replaced as follows:
"CHAPTER 17.94 COMMERCIAL CANNABIS USES AND CULTIVATION
Section 17.94.010: Purpose.
Section 17.94.020: Prohibited uses.
Section 17.94.030: Indoor cannabis cultivation.
Section 17.94.040: Exceptions.
Section 17.94.040: Violation, penalty.
Ordinance No. xxx — Page 6 of 11
P313
17.94.010 Purpose.
The purpose of this chapter is to regulate commercial cannabis uses, both medical and
non-medical, in a manner that is consistent with the requirements of State law.
17.94.020 Prohibited Uses
A. Commercial cannabis uses are expressly prohibited in all zoning districts, overlay
districts and special planning areas in the City. No person shall establish, operate, maintain,
conduct or allow commercial cannabis uses anywhere within the City. The City shall not
approve any application for a business license, building permit, conditional use permit, variance,
or any other entitlement authorizing the establishment, operation, maintenance, development, or
construction of any commercial cannabis use.
B. Outdoor cannabis cultivation is expressly prohibited everywhere in the City. No
person owning, renting, leasing, occupying or having charge or possession of any parcel shall
cause or allow such parcel to be used for cultivating cannabis outdoors.
C. Indoor cannabis cultivation, including cultivation by a qualified patient and
primary caregiver, is prohibited except in strict compliance with Section 17.94.030.
17.94.030 Indoor cannabis cultivation
It is hereby declared to be a public nuisance for any person owning, leasing, occupying,
or having charge or possession of any real property in the City to cause or allow such real
property to be used for the cultivation of cannabis except in strict compliance with the
requirements set forth below.
A. Cannabis cultivation shall only occur indoors at a private residence, or inside an
accessory structure located upon the grounds of a private residence.
B. The indoor cultivation of seven or more cannabis plants in a private residence is
prohibited. The indoor cultivation of six or fewer cannabis plants in a private residence shall be
permitted to the extent permitted by State law.
C. Only persons (21) years of age or older may cultivate cannabis. Any cannabis
cultivation must comply with the requirements set forth in California Health and Safety Code
sections 11362.1 and 11362.2.
D. Cannabis cultivation is permitted only within fully enclosed and secure structures.
E. No person shall cultivate marijuana in any manner that causes any of the
following conditions:
1. Light, glare, odor, noise, or vibration that is or whose effect is either
detrimental to public health, safety, or welfare or interferes with the reasonable enjoyment of life
or property; or
2. Any violation of Chapter 17.66 of the Development Code.
Ordinance No. xxx — Page 7 of 11
P314
17.94.040 Exceptions.
A. Nothing in this chapter shall prohibit any person from transporting cannabis
through the jurisdictional limits of the city for delivery or distribution to a person located outside
the City, where such transport does not involve delivery or distribution within the jurisdictional
limits of the City.
C. Nothing in this chapter shall prohibit a person 21 years of age or older from
engaging in any activities authorized under California Health and Safety Code section 11362.1.
D. Nothing in this chapter shall prohibit any commercial cannabis activity that the
City is required by State law to permit within its jurisdiction pursuant to Business and Profession
Code section 26054(c) and (d), as the same may be amended from time to time, or any other
provision of the MAUCRSA.
17.94.050 Violation, penalty.
In addition to any other enforcement permitted by this Chapter 17.94 of the Rancho
Cucamonga Municipal Code, the city attorney or city prosecutor may bring a civil action for
injunctive relief and civil penalties against any person or entity that violates this chapter. In any
civil action brought pursuant to this article, a court of competent jurisdiction may award
reasonable attorneys' fees and costs to the prevailing party. Notwithstanding the penalties set
forth in Section 1.12.010 of the Rancho Cucamonga Municipal Code, no provision of this
Chapter authorizes a criminal prosecution, arrest or penalty inconsistent with or prohibited by
Health and Safety Code section 11362.71, et seq. or section 11362.1, et seq., as the same may
be amended from time to time. In the event of any conflict between the penalties enumerated
under Section 1.12.010 of the Rancho Cucamonga Municipal Code and any penalties set forth
in State law, the maximum penalties allowable under State law shall govern."
SECTION 9. Chapter 17.134 (Medical Marijuana Definitions) of Title 17
(Development Code) of the Rancho Cucamonga Municipal Code is hereby deleted in its entirety
and replaced as follows:
"CHAPTER 17.134 CANNABIS DEFINITIONS
Section 17.134.010: Purpose.
Section 17.134.020: Definitions.
17.134.010 Purpose.
The purpose of this chapter is to provide definitions for unique terms used throughout
this title that relate to cannabis.
17.134.010 Definitions.
"Cannabis" means all parts of the plant Cannabis sativa linnaeus, Cannabis indica, or
Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or
purified, extracted from any part of the plant; and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the
separated resin, whether crude or purified, obtained from cannabis. "Cannabis" includes
Ordinance No. xxx — Page 8 of 11
P315
cannabis that is used for medical, non-medical, or other purposes. "Cannabis" does not include
the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of
the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the
mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of
the plant which is incapable of germination. "Cannabis" also does not include industrial hemp,
as defined in California Health and Safety Code section 11018.5.
"Cannabis product" means cannabis that has undergone a process whereby the plant
material has been transformed into a concentrate, including, but not limited to, concentrated
cannabis, or an edible or topical product containing cannabis or concentrated cannabis and
other ingredients.
"Commercial cannabis activity" means the cultivation, possession, manufacture,
distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery
or sale of cannabis and cannabis product for medical, non-medical, or any other purpose and
includes the activities of any business licensed by the State or other government entity under
Division 10 of the California Business and Professions Code, or any provision of State law that
regulates the licensing of cannabis businesses. Commercial cannabis activity does not include
the cultivation, possession, storage, manufacturing, or transportation of cannabis by a qualified
patient for his or her personal medical use so long as the qualified patient does not provide,
donate, sell or distribute cannabis to any other person. Commercial cannabis activity also does
not include the cultivation, possession, storage, manufacturing, transportation, donation or
provision of cannabis by a primary caregiver, exclusively for the personal medical purposes of
no more than five specified qualified patients for whom he or she is the primary caregiver, but
who does not receive remuneration for these activities except for compensation in full
compliance with California Health and Safety Code section 11362.765.
"Commercial cannabis use" means the use of any property for commercial cannabis
activity.
"Compassionate Use Act" means the Compassionate Use Act of 1996 (Proposition 215),
codified as California Health and Safety Code Section 11362.5.
"Concentrated cannabis" means manufactured cannabis that has undergone a process
to concentrate one or more active cannabinoids, thereby increasing the product's potency.
Resin from granular trichomes from a cannabis plant is a concentrate.
"Cultivation" means any activity involving the planting, growing, harvesting, drying,
curing, grading, or trimming of cannabis.
"Delivery" means the commercial transfer of cannabis or cannabis products to a
customer. "Delivery" also includes the use by a retailer of any technology platform owned and
controlled by the retailer.
"Distribution" means the procurement, sale, and transport of cannabis and cannabis
products between entities licensed under Division 10 of the California Business and Professions
Code, as the same may be amended from time to time.
"Fully enclosed and secure structure" means a space within a building, greenhouse or
other structure which has a complete roof enclosure supported by connecting walls extending
from the ground to the roof, which is secure against unauthorized entry, provides complete
Ordinance No. xxx — Page 9 of 11
P316
visual screening, and which is accessible only through one or more lockable doors and
inaccessible to minors.
"Indoor" means within a fully enclosed and secure structure.
"Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare
a cannabis product.
"MAUCRSA" means the Medicinal and Adult -Use Cannabis Regulation and Safety Act
as codified in Division 10 of the Business and Professions Code, as the same may be amended
from time to time.
"Medical Marijuana Program" means California Health and Safety Code Sections
11362.7 through 11362.83, as such statutes may be amended from time to time.
"Outdoors" means any location that is not within a fully enclosed and secure structure.
"Person" means any natural person, firm, corporation, association, club, society,
partnership, joint venture, limited liability company, sole proprietorship, collective, cooperative,
coop, non-profit, estate, trust, receiver, syndicate, or any other organization, group or entity or
combination of organizations or entities of any kind whatsoever, however formed, as well as
trustees, heirs, executors, administrators, and/or assigns, and shall also include any owner,
operator, manager, proprietor, employee, agent, officer, volunteer, salesperson, trustees, heirs,
executors, administrators and assigns. The term "person" shall also include all persons who
have an ownership or leasehold interest in any real property, premises and/or structures in
which commercial cannabis activity is occurring.
"Primary caregiver" shall have the same meaning as is defined in California Health and
Safety Code section 11362.7(d), as the same may be amended from time to time.
"Private residence" means a house, an apartment unit, condominium, or other similar
dwelling that is lawfully used as a residence.
"Qualified patient" means a person who is entitled to the protections of California Health
and Safety Code section 11362.5, as the same may be amended from time to time, but who
does not have an identification card.
SECTION 10. 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 11. 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 No. xxx — Page 10 of 11
P317
SECTION 12. The City Clerk shall certify to the adoption of this Ordinance and shall
cause it to be published in the manner required by law.
Ordinance No. xxx — Page 11 of 11
ORDINANCE NO. 921
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA,
AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE
PROHIBITING ALL COMMERCIAL CANNABIS ACTIVITY, BOTH
MEDICAL AND NON-MEDICAL, PROHIBITING OUTDOOR
CULTIVATION, AND ALLOWING INDOOR CANNABIS
CULTIVATION CONSISTENT WITH STATE LAW, 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 DRC2017-00725, 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. Over the years, the City has adopted ordinances pertaining to cannabis to address
municipal options and issues presented by changes in State law. In 2008, Ordinance No. 793
was adopted to prohibit medical marijuana dispensaries throughout the City.
C. On October 9, 2015, Governor Brown signed Assembly Bill No. 243, Assembly Bill
No. 266, and Senate Bill 643 into law, which were collectively known as the Medical Cannabis
Regulation and Safety Act (hereinafter "MCRSA"). The MCRSA established a State licensing
scheme for commercial medical cannabis uses, while protecting local control by requiring that all
such businesses have a local license or permit to operate in addition to a State license. The
MCRSA allowed the City to completely prohibit commercial medical cannabis activities.
D. In 2016, Ordinance No. 897 was adopted to prohibit all commercial cannabis
activities in the City, including deliveries and prohibiting all medical marijuana cultivation, including
cultivation for medical use by a qualified patient or primary caregiver.
E. On November 8, 2016, California voters approved the Control, Regulate and Tax
Adult Use of Marijuana Act ("AUMA"). The AUMA added Division 10 to the California Business
and Professions Code, sections 26000, et seq., which grants State agencies the authority to
create, issue, renew, discipline, suspend, or revoke licenses for cannabis businesses. The AUMA
provides that the State shall begin issuing licenses to cannabis businesses under Division 10 of
the California Business and Professions Code by January 1, 2018. California Business and
Professions Code section 26055(e) provides that a State licensing authority shall not approve an
application for a State license for commercial non-medical cannabis activity if approval of the
State license will violate the provisions of any local ordinance.
F. Immediately following the passage of the AMUA, Interim Ordinance No. 900/900-
A was adopted to prohibit all commercial non-medical cannabis activities in the City, prohibiting
outdoor cultivation on private residences and adopting regulations for indoor cultivation.
Ordinance No. 921 — Page 1 of 10
Attachment 3
P318
P319
G. On June 27, 2017, the Governor signed into law Senate Bill 94 which repealed the
MCRSA, included certain provisions of the MCRSA in the licensing provisions of the AUMA, and
created a single regulatory scheme for both medical and non-medical cannabis known as the
Medicinal and Adult -Use Cannabis Regulation and Safety Act ("MAUCRSA"). The MAUCRSA
retains the provisions in the MCRSA and the AUMA that granted local jurisdictions control over
whether commercial cannabis activity can occur in a particular jurisdiction. Specifically, California
Business and Professions Code section 26200 provides that the MAUCRSA shall not be
interpreted to supersede or limit the authority of a local jurisdiction to adopt and enforce local
ordinances that completely prohibit the establishment or operation of one or more businesses
licensed under the State, within that local jurisdiction. Furthermore, the MAUCRSA provides that
a State licensing authority shall not approve an application for a State license for a business to
engage in commercial cannabis activity if approval of the State license will violate the provisions
of any local ordinance or regulation. The MAUCRSA requires that a State licensing authority
begin issuing licenses to marijuana businesses beginning January 1, 2018. The MAUCRSA also
requires that a city provide a copy of its ordinance regarding commercial cannabis activity to the
Bureau of Cannabis Control.
H. On the 27th day of September 2017, 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. 17-82, recommending that the City
Council of the City of Rancho Cucamonga adopt said amendment.
I. On the 18th day of October 2017, the City Council of the City of Rancho
Cucamonga conducted a noticed public hearing on the amendment and concluded said hearing
on that date.
J. 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 changes
proposed to Title 17 (Development Code) in the amendment are consistent with the general plan
goals, policies and implementation programs. General Plan Policy LU -1.1 encourages the
protection of neighborhoods from the encroachment of incompatible activities or land uses that
may have a negative impact on the residential living environment. By prohibiting commercial
cannabis activity and restricting personal cannabis cultivation to the greatest extent allowed by
State law, the City is averting the reported negative effects of cannabis cultivation activities,
including offensive odors, illegal sales and distribution of cannabis, trespassing, theft, violent
robberies and robbery attempts, fire hazards, and problems associated with mold, fungus and
pests.
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. Pursuant to CEQA Guidelines Section 15061(b)(3), where it can be seen with
certainty that there is no possibility that the project, to prohibit commercial cannabis activity will
have a significant effect on the environment. The project will not result in a permanent alteration
of property nor the construction of any new or expanded structures. Therefore, the project by
itself does not result in any physical changes in the environment. The project is also eligible for
a Class 5 Categorical Exemption for minor changes in land use limitations with an average slope
of less than 20% that do not result in any changes in land use or density. Since the project is
prohibiting all commercial cannabis uses, it will not result in changes in land use or density and
will not have a significant environmental impact.
Ordinance No. 921 — Page 2 of 10
P320
SECTION 4. Chapter 8.52 (Marijuana Cultivation and Cannabis Commerce) of Title
8 (Health and Safety) of the Rancho Cucamonga Municipal Code is hereby deleted in its
entirety and replaced as follows:
"CHAPTER 8.52 CANNABIS PROHIBITIONS AND REGULATIONS
Section 8.52.010: Definitions.
Section 8.52.020: Prohibited activities.
Section 8.52.030: Exceptions.
Section 8.52.040: Violation, penalty.
8.52.010 Definitions.
For purposes of this chapter, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
"Cannabis" means all parts of the plant Cannabis sativa linnaeus, Cannabis indica, or
Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or
purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative,
mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated
resin, whether crude or purified, obtained from cannabis. "Cannabis" includes cannabis that is
used for medical, non-medical, or other purposes. "Cannabis" does not include the mature stalks
of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other
compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the
resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable
of germination. "Cannabis" also does not include industrial hemp, as defined in California Health
and Safety Code section 11018.5.
"Cannabis product" means cannabis that has undergone a process whereby the plant
material has been transformed into a concentrate, including, but not limited to, concentrated
cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other
ingredients.
"Commercial cannabis activity" means the cultivation, possession, manufacture,
distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery
or sale of cannabis and cannabis product for medical, non-medical, or any other purpose and
includes the activities of any business licensed by the State or other government entity under
Division 10 of the California Business and Professions Code, or any provision of State law that
regulates the licensing of cannabis businesses. Commercial cannabis activity does not include
the cultivation, possession, storage, manufacturing, or transportation of cannabis by a qualified
patient for his or her personal medical use so long as the qualified patient does not provide,
donate, sell or distribute cannabis to any other person. Commercial cannabis activity also does
not include the cultivation, possession, storage, manufacturing, transportation, donation or
provision of cannabis by a primary caregiver, exclusively for the personal medical purposes of no
more than five specified qualified patients for whom he or she is the primary caregiver, but who
does not receive remuneration for these activities except for compensation in full compliance with
California Health and Safety Code section 11362.765.
"Concentrated cannabis" means manufactured cannabis that has undergone a process to
concentrate one or more active cannabinoids, thereby increasing the product's potency. Resin
from granular trichomes from a cannabis plant is a concentrate.
Ordinance No. 921 — Page 3 of 10
P321
"Cultivation" means any activity involving the planting, growing, harvesting, drying, curing,
grading, or trimming of cannabis.
"Delivery" means the commercial transfer of cannabis or cannabis products to a customer.
"Delivery" also includes the use by a retailer of any technology platform owned and controlled by
the retailer.
"Distribution" means the procurement, sale, and transport of cannabis and cannabis
products between entities licensed under Division 10 of the California Business and Professions
Code, as the same may be amended from time to time.
"Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare
a cannabis product.
"MAUCRSA" means the Medicinal and Adult -Use Cannabis Regulation and Safety Act as
codified in Division 10 of the Business and Professions Code, as the same may be amended from
time to time.
"Person" means any natural person, firm, corporation, association, club, society,
partnership, joint venture, limited liability company, sole proprietorship, collective, cooperative,
coop, non-profit, estate, trust, receiver, syndicate, or any other organization, group or entity or
combination of organizations or entities of any kind whatsoever, however formed, as well as
trustees, heirs, executors, administrators, and/or assigns, and shall also include any owner,
operator, manager, proprietor, employee, agent, officer, volunteer, salesperson, trustees, heirs,
executors, administrators and assigns. The term "person" shall also include all persons who have
an ownership or leasehold interest in any real property, premises and/or structures in which
commercial cannabis activity is occurring.
"Primary caregiver" shall have the same meaning as is defined in California Health and
Safety Code section 11362.7(d), as the same may be amended from time to time.
"Qualified patient" means a person who is entitled to the protections of California Health
and Safety Code Section 11362.5, as the same may be amended from time to time.
8.52.020 Prohibited activities.
Subject to the exceptions set forth in Section 8.52.030, the following activities are
prohibited in the City:
A. Commercial cannabis activity, whether or not for profit, is prohibited in the city. No
person shall establish, operate, maintain, conduct, allow, or engage in commercial cannabis
activity anywhere within the City.
B. A property owner shall not rent, lease or otherwise permit any person or business
that engages in commercial cannabis activity to occupy real property in the City. A property owner
shall not allow any person or business to establish, operate, maintain, conduct, or engage in
commercial cannabis activity on any real property owned or controlled by that property owner that
is located in the City.
C. Subsection A above shall prohibit all activities for which a State license is required
pursuant to the MAUCRSA, as the same may be amended from time to time.
Ordinance No. 921 — Page 4 of 10
P322
D. Subject to the exceptions set forth in Section 8.52.030 below, and to the extent not
already prohibited by subsection A above, all deliveries of cannabis or cannabis products, to or
from any location are expressly prohibited. No person shall conduct or perform any delivery of
any cannabis or cannabis products, which delivery either originates or terminates within the city.
8.52.030 Exceptions.
A. Nothing in this chapter shall prohibit any person from transporting cannabis
through the jurisdictional limits of the City for delivery or distribution to a person located outside
the City, where such transport does not involve delivery or distribution within the jurisdictional
limits of the City.
B. Nothing in this chapter shall prohibit a person 21 years of age or older from
engaging in any activities authorized under California Health and Safety Code section 11362.1.
C. Nothing in this chapter shall prohibit any commercial cannabis activity that the city
is required by State law to permit within its jurisdiction pursuant Business and Professions Code
section 26054(c) and (d), as the same may be amended from time to time, or any other provision
of the MAUCRSA.
8.52.040 Violation, penalty.
In addition to any other enforcement permitted by this Chapter 8.52 of the Rancho
Cucamonga Municipal Code, the city attorney or city prosecutor may bring a civil action for
injunctive relief and civil penalties against any person or entity that violates this chapter. In any
civil action brought pursuant to this article, a court of competent jurisdiction may award reasonable
attorneys' fees and costs to the prevailing party. Notwithstanding the penalties set forth in Section
1.12.010 of the Rancho Cucamonga Municipal Code, no provision of this Chapter authorizes a
criminal prosecution, arrest or penalty inconsistent with or prohibited by Health and Safety Code
Section 11362.71, et seq. or section 11362.1, et seq., as the same may be amended from time
to time. In the event of any conflict between the penalties enumerated under Section 1.12.010 of
the Rancho Cucamonga Municipal Code and any penalties set forth in State law, the maximum
penalties allowable under State law shall govern."
SECTION 5. Table 17.30.030-1 of Section 17.30.030 (Allowed land uses and permit
requirements) of Chapter 17.30 (Allowed Land Use by Base Zoning District) of Title 17
(Development Code) is hereby amended as follows:
TABLE 17.30.030-1: ALLOWED LAND USES AND PERMIT REQUIREMENTS
BY BASE ZONING DISTRICT
Land Use/
Zoning District
VL
L
LM
M
MH
H
MU
OP
NC
GC
CC
SC
RRC
CO
IP
GI
MI/HI
HI
OS
HR
FC
UC
Retail, Service and Office Uses
Ordinance No. 921 — Page 5 of 10
P323
Land Use/
Zoning District
VL
L
LM
M
MH
H
MU
OP
NC
GC
CC
SC
RRC
CO
IP
GI
MI/HI
HI
OS
HR
FC
UC
Medical-Mari}uaea
Dispel:wary
N
N
N
N
N
N
Al
N
N
N
Al
N
N
NNN
N
NNNNN
Commercial
Cannabis Activity
NNNNNNNNNN
N
NNN
N
NNNNN
SECTION 6. Section 17.32.020(E)(36) is deleted in its entirety:
a. A qualified patient;
b. A person with an identification card; or
c. A primary caregiver.
SECTION 7. Section 17.32.020(E) is amended to add the following:
Commercial Cannabis Activity. Any location providing for the cultivation, possession,
manufacture, distribution, processing, storing, laboratory testing, packaging, labeling,
transportation, delivery or sale of cannabis and cannabis product for medical, non-medical, or any
other purpose and includes the activities of any business licensed by the State or other
government entity under Division 10 of the California Business and Professions Code, or any
provision of State law that regulates the licensing of cannabis businesses. Commercial cannabis
activity does not include the cultivation, possession, storage, manufacturing, or transportation of
cannabis by a qualified patient for his or her personal medical use so long as the qualified patient
does not provide, donate, sell or distribute cannabis to any other person. Commercial cannabis
activity also does not include the cultivation, possession, storage, manufacturing, transportation,
donation or provision of cannabis by a primary caregiver, exclusively for the personal medical
purposes of no more than five specified qualified patients for whom he or she is the primary
caregiver, but who does not receive remuneration for these activities except for compensation in
full compliance with California Health and Safety Code section 11362.765.
SECTION 8. Chapter 17.94 (Medical Marijuana Dispensaries) of Title 17
(Development Code) of the Rancho Cucamonga Municipal Code is deleted in its entirety and
replaced as follows:
"CHAPTER 17.94 COMMERCIAL CANNABIS USES AND CULTIVATION
Section 17.94.010:
Section 17.94.020:
Section 17.94.030:
Section 17.94.040:
Section 17.94.040:
Purpose.
Prohibited uses.
Indoor cannabis cultivation.
Exceptions.
Violation, penalty.
17.94.010 Purpose.
The purpose of this chapter is to regulate commercial cannabis uses, both medical and
non-medical, in a manner that is consistent with the requirements of State law.
Ordinance No. 921 - Page 6 of 10
P324
17.94.020 Prohibited Uses
A. Commercial cannabis uses are expressly prohibited in all zoning districts, overlay
districts and special planning areas in the City. No person shall establish, operate, maintain,
conduct or allow commercial cannabis uses anywhere within the City. The City shall not approve
any application for a business license, building permit, conditional use permit, variance, or any
other entitlement authorizing the establishment, operation, maintenance, development, or
construction of any commercial cannabis use.
B. Outdoor cannabis cultivation is expressly prohibited everywhere in the City. No
person owning, renting, leasing, occupying or having charge or possession of any parcel shall
cause or allow such parcel to be used for cultivating cannabis outdoors.
C. Indoor cannabis cultivation, including cultivation by a qualified patient and primary
caregiver, is prohibited except in strict compliance with Section 17.94.030.
17.94.030 Indoor cannabis cultivation
It is hereby declared to be a public nuisance for any person owning, leasing, occupying,
or having charge or possession of any real property in the City to cause or allow such real property
to be used for the cultivation of cannabis except in strict compliance with the requirements set
forth below.
A. Cannabis cultivation shall only occur indoors at a private residence, or inside an
accessory structure located upon the grounds of a private residence.
B. The indoor cultivation of seven or more cannabis plants in a private residence is
prohibited. The indoor cultivation of six or fewer cannabis plants in a private residence shall be
permitted to the extent permitted by State law.
C. Only persons (21) years of age or older may cultivate cannabis. Any cannabis
cultivation must comply with the requirements set forth in California Health and Safety Code
sections 11362.1 and 11362.2.
D. Cannabis cultivation is permitted only within fully enclosed and secure structures.
E. No person shall cultivate marijuana in any manner that causes any of the following
conditions:
1. Light, glare, odor, noise, or vibration that is or whose effect is either
detrimental to public health, safety, or welfare or interferes with the reasonable enjoyment of life
or property; or
2. Any violation of Chapter 17.66 of the Development Code.
17.94.040 Exceptions.
A. Nothing in this chapter shall prohibit any person from transporting cannabis
through the jurisdictional limits of the city for delivery or distribution to a person located outside
Ordinance No. 921 — Page 7 of 10
P325
the City, where such transport does not involve delivery or distribution within the jurisdictional
limits of the City.
C. Nothing in this chapter shall prohibit a person 21 years of age or older from
engaging in any activities authorized under California Health and Safety Code section 11362.1.
D. Nothing in this chapter shall prohibit any commercial cannabis activity that the City
is required by State law to permit within its jurisdiction pursuant to Business and Profession Code
section 26054(c) and (d), as the same may be amended from time to time, or any other provision
of the MAUCRSA.
17.94.050 Violation, penalty.
In addition to any other enforcement permitted by this Chapter 17.94 of the Rancho
Cucamonga Municipal Code, the city attorney or city prosecutor may bring a civil action for
injunctive relief and civil penalties against any person or entity that violates this chapter. In any
civil action brought pursuant to this article, a court of competent jurisdiction may award reasonable
attorneys' fees and costs to the prevailing party. Notwithstanding the penalties set forth in Section
1.12.010 of the Rancho Cucamonga Municipal Code, no provision of this Chapter authorizes a
criminal prosecution, arrest or penalty inconsistent with or prohibited by Health and Safety Code
section 11362.71, et seq. or section 11362.1, et seq., as the same may be amended from time to
time. In the event of any conflict between the penalties enumerated under Section 1.12.010 of
the Rancho Cucamonga Municipal Code and any penalties set forth in State law, the maximum
penalties allowable under State law shall govern."
SECTION 9. Chapter 17.134 (Medical Marijuana Definitions) of Title 17
(Development Code) of the Rancho Cucamonga Municipal Code is hereby deleted in its entirety
and replaced as follows:
"CHAPTER 17.134 CANNABIS DEFINITIONS
Section 17.134.010: Purpose.
Section 17.134.020: Definitions.
17.134.010 Purpose.
The purpose of this chapter is to provide definitions for unique terms used throughout this
title that relate to cannabis.
17.134.010 Definitions.
"Cannabis" means all parts of the plant Cannabis sativa linnaeus, Cannabis indica, or
Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or
purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative,
mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated
resin, whether crude or purified, obtained from cannabis. "Cannabis" includes cannabis that is
used for medical, non-medical, or other purposes. "Cannabis" does not include the mature stalks
of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other
compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the
resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable
Ordinance No. 921 — Page 8 of 10
P326
of germination. "Cannabis" also does not include industrial hemp, as defined in California Health
and Safety Code section 11018.5.
"Cannabis product" means cannabis that has undergone a process whereby the plant
material has been transformed into a concentrate, including, but not limited to, concentrated
cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other
ingredients.
"Commercial cannabis activity" means the cultivation, possession, manufacture,
distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery
or sale of cannabis and cannabis product for medical, non-medical, or any other purpose and
includes the activities of any business licensed by the State or other government entity under
Division 10 of the California Business and Professions Code, or any provision of State law that
regulates the licensing of cannabis businesses. Commercial cannabis activity does not include
the cultivation, possession, storage, manufacturing, or transportation of cannabis by a qualified
patient for his or her personal medical use so long as the qualified patient does not provide,
donate, sell or distribute cannabis to any other person. Commercial cannabis activity also does
not include the cultivation, possession, storage, manufacturing, transportation, donation or
provision of cannabis by a primary caregiver, exclusively for the personal medical purposes of no
more than five specified qualified patients for whom he or she is the primary caregiver, but who
does not receive remuneration for these activities except for compensation in full compliance with
California Health and Safety Code section 11362.765.
"Commercial cannabis use" means the use of any property for commercial cannabis
activity.
"Compassionate Use Act" means the Compassionate Use Act of 1996 (Proposition 215),
codified as California Health and Safety Code Section 11362.5.
"Concentrated cannabis" means manufactured cannabis that has undergone a process to
concentrate one or more active cannabinoids, thereby increasing the product's potency. Resin
from granular trichomes from a cannabis plant is a concentrate.
"Cultivation" means any activity involving the planting, growing, harvesting, drying, curing,
grading, or trimming of cannabis.
"Delivery" means the commercial transfer of cannabis or cannabis products to a customer.
"Delivery" also includes the use by a retailer of any technology platform owned and controlled by
the retailer.
"Distribution" means the procurement, sale, and transport of cannabis and cannabis
products between entities licensed under Division 10 of the California Business and Professions
Code, as the same may be amended from time to time.
"Fully enclosed and secure structure" means a space within a building, greenhouse or
other structure which has a complete roof enclosure supported by connecting walls extending
from the ground to the roof, which is secure against unauthorized entry, provides complete visual
screening, and which is accessible only through one or more lockable doors and inaccessible to
minors.
"Indoor" means within a fully enclosed and secure structure.
Ordinance No. 921 — Page 9 of 10
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"Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare
a cannabis product.
"MAUCRSA" means the Medicinal and Adult -Use Cannabis Regulation and Safety Act as
codified in Division 10 of the Business and Professions Code, as the same may be amended from
time to time.
"Medical Marijuana Program" means California Health and Safety Code Sections 11362.7
through 11362.83, as such statutes may be amended from time to time.
"Outdoors" means any location that is not within a fully enclosed and secure structure.
"Person" means any natural person, firm, corporation, association, club, society,
partnership, joint venture, limited liability company, sole proprietorship, collective, cooperative,
coop, non-profit, estate, trust, receiver, syndicate, or any other organization, group or entity or
combination of organizations or entities of any kind whatsoever, however formed, as well as
trustees, heirs, executors, administrators, and/or assigns, and shall also include any owner,
operator, manager, proprietor, employee, agent, officer, volunteer, salesperson, trustees, heirs,
executors, administrators and assigns. The term "person" shall also include all persons who have
an ownership or leasehold interest in any real property, premises and/or structures in which
commercial cannabis activity is occurring.
"Primary caregiver" shall have the same meaning as is defined in California Health and
Safety Code section 11362.7(d), as the same may be amended from time to time.
"Private residence" means a house, an apartment unit, condominium, or other similar
dwelling that is lawfully used as a residence.
"Qualified patient" means a person who is entitled to the protections of California Health
and Safety Code section 11362.5, as the same may be amended from time to time, but who does
not have an identification card.
SECTION 10. 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 11. 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 12. The City Clerk shall certify to the adoption of this Ordinance and shall
cause it to be published in the manner required by law.
Ordinance No. 921 — Page 10 of 10
4/;4:44
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CITY OF RANCHO CUCAMONGA
DATE: October 18, 2017
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Candyce Burnett, City Planner
Jennifer Nakamura, Associate Planner
STAFF REPORT
SUBJECT: CONSIDERATION TO CONDUCT FIRST READING AND INTRODUCE
ORDINANCE NO. 922, AMENDING TITLE 17 OF THE RANCHO
CUCAMONGA MUNICIPAL CODE MODIFYING PARKWAY LANDSCAPING
REQUIREMENTS, ADOPTING THE STATE MODEL WATER EFFICIENT
LANDSCAPE ORDINANCE AND MODIFYING CONDITIONALLY
PERMITTED ZONES FOR INDOOR ENTERTAINMENT AND AMUSEMENT
USES
RECOMMENDATION:
The Planning Commission recommends the City Council conduct the first reading of Ordinance
Number 922, entitled "An Ordinance of the City of Rancho Cucamonga, Amending the Rancho
Cucamonga Municipal Code Modifying Parkway Landscaping Requirements, Adopting the State
Model Water Efficient Landscaping Ordinance; and Modifying Conditionally Permitted Zones for
Indoor Entertainment and Amusement Uses, and Making Findings in Support Thereof" by title
only.
BACKGROUND:
In 2012, the City adopted a comprehensive Development Code update. Since then, staff has
presented over 15 code amendments to the Planning Commission and City Council to address
new uses, updating development standards as needed, and responding to changes in State law.
The changes proposed in this amendment would: (1) clarify landscape standards in residential
parkways, (2) formally adopt by reference the updated State Model Water Efficient Landscape
Ordinance (MWELO), and (3) conditionally permit indoor amusement and entertainment uses
within IP and GI zoning districts.
ANALYSIS:
Residential Parkway Landscaping: In 2015, the Governor issued Executive Order B-29-15, which
required a mandatory 25% statewide reduction in urban water use through February 2016;
required commercial, industrial, and institutional users to implement water efficiency measures;
prohibited irrigation with potable water of ornamental turf in public street medians; and placed
additional restrictions on irrigation systems outside newly constructed homes and buildings.
In August 2015, the City Council, on recommendation from the Planning Commission, adopted
Ordinance No. 879, which amended the residential landscape requirements by updating the front
yard landscaping ratio, eliminating the requirement for turf in residential front yards and clarifying
Page 1 of 6
CITY COUNCIL STAFF REPORT
CONSIDERATION TO CONDUCT FIRST READING AND INTRODUCE ORDINANCE NO. 922,
AMENDING TITLE 17 OF THE RANCHO CUCAMONGA MUNICIPAL CODE
October 18, 2017
standards for decorative hardscape. These changes gave residents greater latitude to modify
their front yard landscapes to reduce their water consumption. Per the Metropolitan Water
District, up to 70% of residential water use is used for landscaping.
In April 2017, the Governor issued Executive Order B-37-16 which declared the drought over
throughout most of the state, but required State water agencies to continue making changes to
make water conservation a way of life in California to bolster California's climate and drought
resistance. Staff continues to receive numerous calls from residential, commercial and industrial
property owners inquiring about modifying their existing landscape to reduce water consumption.
The changes proposed in this amendment add standards for materials to be used in residential
parkway areas. Parkways are counted as part of the front yard area and are generally maintained
by homeowners. Parkways have different landscaping needs compared to the remainder of the
front yard, as it is bordered by publicly accessible areas (i.e. sidewalk and street). Materials need
to be limited to those that will enhance the public space, provide water saving benefits and not
negatively impact publicly accessible areas. The proposed standards include:
1. Prohibiting the use of sharp, pointed and thorn type plant structures.
2. Permit the use of turf alternative (i.e. groundcovers and grasses), including synthetic
turf as well as mulch or bark.
3. Allow specific decorative hardscapes (i.e. Decomposed Granite, gravel).
4. Specify the installation of mulch, bark or decorative hardscape to prevent migration of
material onto the street or sidewalk.
5. Require protection and irrigation of existing parkway trees.
State Model Water Landscape Ordinance: In 2009, the Department of Water Resources (DWR)
adopted the Model Water Efficient Landscape Ordinance (MWELO) to ensure water efficiency in
urban landscapes. Local agencies were mandated to either develop and adopt their own
ordinance or adopt the MWELO. Beginning in 2008, City staff participated in the Inland Empire
Landscape Alliance, led by the Inland Empire Utilities Agency (IEUA), which drafted a regional
version of the MWELO, based on the draft version of the State MWELO. In November 2009, the
City Council, on recommendation from the Planning Commission, adopted Ordinance No. 823,
adopting the regional version of the MWELO with minor revisions.
Executive Order B-29-15 directed the Department of Water Resources (DWR) to update the
MWELO to further reduce landscape water use. On July 15, 2015, the California Water
Commission adopted DWR's revised ordinance through the emergency rule making process,
which limited public review and comment. The newly revised ordinance requires new residential
and commercial landscapes to use up to one-third less water on average. Additionally, it limits
lawns in commercial settings to recreation and public assembly and prohibits turf in non-
residential areas, in parkways Tess than 10 feet wide, street medians with some exceptions and
requiring compliance guidelines for use with efficient automatic sprinklers. The table below
outlines the key revisions to the revised State MWELO.
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P329
CITY COUNCIL STAFF REPORT P330
CONSIDERATION TO CONDUCT FIRST READING AND INTRODUCE ORDINANCE NO. 922,
AMENDING TITLE 17 OF THE RANCHO CUCAMONGA MUNICIPAL CODE
October 18, 2017
State MWELO 2015 Key Revisions
Lower Landscape Size Threshold
The MWELO applies to residential projects, as follows:
New landscape projects: The threshold size was
reduced from 2,500 square feet to 500 square feet for
new residential landscape projects. The size threshold
(in aggregate) applies to landscape projects that require "a
building or landscape permit, plan check, or design
review".
Rehabilitated landscape projects: The size thresholds
for existing landscapes that are being rehabilitated has not
changed, remaining at 2,500 square feet (in aggregate).
Only rehabilitated landscapes that are associated with a
building or landscape permit, plan check, or design review
are subject to the Ordinance.
These changes will not impact residents desiring to
change their front yard landscaping, as this does not
require City review or permits.
Streamlined Compliance for Small
Projects
The State's revision includes a prescriptive checklist as an
option for compliance for landscapes between 500 and
2,500 square feet. For example, for projects utilizing a
prescriptive checklist, turf cannot exceed 25% of the
project area for residential projects, and no turf is
permitted for non-residential projects.
Encouraged Use of Graywater and
other Recycled Water
Increased Onsite
Stormwater/Rainwater Capture
and Retention
To encourage the reuse of water from sinks, tubs, and
washing machines ("graywater"), the model Ordinance
allows landscapes under 2,500 square feet that are
irrigated with only graywater or captured rainwater to meet
a simple irrigation checklist and relief from the entire
Ordinance. Changes to the Maximum Applied Water
Allowance (MAWA) give significantly more benefit to the
water reuse technology (graywater & recycled water).
A requirement was added that landscape areas should
have 'friable' soil (soil that is easily broken up and allows
water to penetrate) to maximize stormwater infiltration.
To make soils more friable, four cubic yards of compost
must now be incorporated per 1,000 square feet of
permeable area. The depth of mulch required was
increased from 2 to 3 inches.
Page 3of6
CITY COUNCIL STAFF REPORT P331
CONSIDERATION TO CONDUCT FIRST READING AND INTRODUCE ORDINANCE NO. 922,
AMENDING TITLE 17 OF THE RANCHO CUCAMONGA MUNICIPAL CODE
October 18, 2017
Increased Irrigation Efficiency
Dedicated landscape water meters or submeters are
required for residential landscapes over 5,000 square feet
(for non-residential properties, the threshold is 1,000
square feet). Flow sensors that detect and report high flow
conditions due to broken pipes and/or popped sprinkler
heads are required for landscape areas greater than 5,000
square feet. Master shut-off valves that prevent water
waste in case of large failures of irrigation systems due to
breakage or vandalism are required on all landscapes. All
irrigation emission devices must meet National Standards.
Lower Maximum Applied Water
The Maximum Allowed Water Allocation (MAWA) has
Allowance (MAWA)
been lowered from 70% of the reference
evapotranspiration (ETo) to 55% for residential landscape
projects. Changes in the water allowances reduce the
landscape area that can be planted with high water use
plants such as cool season turf. The worksheets for the
MAWA and the Estimated Total Water Use (ETWU) have
been combined into one table. Larger areas of high water
use plants can be installed if the water use is reduced in
the other areas, provided the overall landscape stays
within budget.
Mandatory Reporting on
The revised MWELO required local agencies to report on
Implementation and Enforcement
the implementation and enforcement of their single agency
Local Ordinance to DWR annually.
The revised MWELO became effective on December 1, 2015. If a local agency did not act to
adopt the revised MWELO or a local water efficient landscape ordinance, the State's ordinance
became effective by default. Staff contacted IEUA to determine if they were going to re -activate
the Landscape Alliance to draft a revised regional ordinance and they told us they would not. Due
to the amount of time and staff resources required to revise our local ordinance, the City chose to
let the State MWELO become effective by default with the intent to incorporate the new MWELO
by reference later. As part of this annual code update, we are eliminating the 2009 water efficient
landscape standards in Chapter 17.82 and adopting the 2015 State MWELO by reference. We
have been informed by DWR that the next update to the MWELO will be completed in 2020.
Indoor Amusement and Entertainment Uses: Earlier this year, Exodus Escape Room approached
staff about operating an "escape room" venue within the General Industrial District. An escape
room is a physical adventure game in which players solve a series of puzzles using clues, hints
and strategy to complete the objectives at hand. Players are given a set time limit to unveil the
secret plot which is hidden within the room. Escape rooms have gained in popularity in the U.S.
over the last several years and are often recommended as appropriate corporate team building
exercises, but can be played for personal enjoyment as well. Based on the description of the use,
staff determined that the appropriate land use classification was "Indoor
amusement/entertainment facility".
Indoor amusement/entertainment facility is currently defined as "An establishment providing
indoor amusement and entertainment services for a fee or admission charge, including dance
Page4of6
CITY COUNCIL STAFF REPORT P332
CONSIDERATION TO CONDUCT FIRST READING AND INTRODUCE ORDINANCE NO. 922,
AMENDING TITLE 17 OF THE RANCHO CUCAMONGA MUNICIPAL CODE
October 18, 2017
halls and ballrooms and electronic game arcades, as primary uses. Four or more electronic
games or coin-operated amusements in any establishment, or premises where 50 percent or
more of the floor area is occupied by amusement devices, are considered an amusement device
arcade as described above; three or less machines are not considered a land use separate from
the primary use of the site". This use is currently permitted either by -right or conditionally in most
commercial districts, but is prohibited in Industrial Park (IP) and General Industrial (GI) districts.
However, staff noted that there were other uses that fit the "Indoor amusement/entertainment
facility" definition within the IP zone, notably Jumping Jacks and Pump It Up, which are indoor
inflatable playgrounds that have open play time as well as hosting birthday parties and group
events.
Research into the land use tables of the pre -2012 version of Development Code provided
additional insight. In the previous version of the Code, these types of uses were classified as
"Recreational Facilities", which was defined as "Activities typically include, but are not limited to,
sports performed either indoors or outdoors, which require a facility for conducting the recreational
activity. Uses typically include, but are not limited to, health clubs, exercise studios or classes,
swimming centers, skating rinks, bowling alleys, tennis courts, sports fields and golf courses. A
review of business license records for Jumping Jacks and Pump It Up confirmed that they were
classified as a recreational facility during the zoning compliance review of the business license.
At the time of its establishment, Jumping Jacks was permitted by right in its district (GI, subarea
8) and Pump It Up was conditionally permitted (DRC2005-00182) in its district (IP, subarea 7).
Staff believes that "Indoor amusement/entertainment facility" and "Recreational Facilities" are
substantially similar for the proposed use and recommend expanding the definition of "Indoor
amusement/entertainment facility" to include escape rooms and other indoor entertainment uses
and expand the permitted zoning districts to permit this use within the GI and IP districts with a
Conditional Use Permit.
This project is deemed exempt from the requirements of the California Environmental Quality Act
(CEQA) and the City's CEQA Guidelines. Pursuant to CEQA Guidelines Section 15061(b)(3),
where it can be seen with certainty that there is no possibility that the project, to amend the
Municipal Code to (i) clarify standards for the use of turf alternative landscape materials in
residential parkways; (ii) formally adopt the updated State Model Water Efficient Landscape
Ordinance (MWELO); and (iii) conditionally permit indoor amusement and entertainment uses
within IP and GI zones will have a significant effect on the environment. The project will not result
in a permanent alteration of property nor the construction of any new or expanded structures. The
proposed modifications to landscape standards in residential parkways and the revised MWELO
will implement policies and procedures to ensure that water resources are conserved by reducing
water consumption through the planning, designing, installing, maintaining and managing of
water -efficient landscapes. The addition of indoor amusement and entertainment uses to the IP
and GI zoning districts does not propose any physical change to the environment itself. The
amendment only revises the land use regulation that applies to where indoor amusement and
entertainment uses are allowed. It does not permit nor allow the construction of any new locations.
Applications for indoor amusement and entertainment uses will be reviewed for CEQA compliance
under a separate Conditional Use Permit application. The applicant may be required to submit
environmental studies that analyzes the impact(s) (if any) to, for example, air quality, biological
resources, cultural resources, noise levels, and transportation/traffic caused by the site-specific
project. On a case-by-case review of each project, the appropriate environmental document will
be prepared to address project -specific impacts. Therefore, this project will not have a significant
effect on the environment.
Page 5 of 6
P333
CITY COUNCIL STAFF REPORT
CONSIDERATION TO CONDUCT FIRST READING AND INTRODUCE ORDINANCE NO. 922,
AMENDING TITLE 17 OF THE RANCHO CUCAMONGA MUNICIPAL CODE
October 18, 2017
Per Section 17.22.040 of the Development Code, amendments to the code may be approved only
when the City Council finds that the Development Code amendment is consistent with the General
Plan goals, policies, and implementation programs. General Plan Policy LU -10.3 promotes low
water usage, and emphasizes fire -safe defensible space. By allowing turf alternatives in
residential parkways, we are reducing the amount of water needed in residential landscapes.
General Plan Policy LU -10.1 promotes the implementation of the City's Water Efficiency
Ordinance and encourages regular review and update. Adopting the State MWELO keeps our
ordinance up to date with the latest in water use efficiency standards. General Plan Policy LU -
3.2 encourages a mix of retail, service, industrial and manufacturing, and professional uses that
create diverse, well -paying employment opportunities. Adding indoor entertainment and
recreation uses to the IP and GI zones provides additional flexibility to allow for new uses that are
compatible with these zones; however, by allowing it only as a conditionally permitted use, the
City will review each one proposed for suitability to avoid conflict with surrounding uses.
FISCAL IMPACT:
None
COUNCIL GOAL(S) ADDRESSED:
None
ATTACHMENTS:
Attachment 1 — State Model Water Efficient Landscape Ordinance, to be adopted by reference
Attachment 2 — Planning Commission Minutes Dated September 27, 2017
Attachment 3 — Planning Commission Resolution Resolution No. 17-83
Attachment 4 — Ordinance No. 922
Pang! RnfA
Title 23 Department of Water Resources
1034
entering into the loan contract. For investor-owned utilities, meetings or
hearings held by the Public Utilities Commission may serve as Project
Feasibility Meetings.
(b) Before a Project Feasibility Meeting, the supplier shall:
(1) Make available information describing the project in a form and lo-
cation that will enable the water users to review it and to make appropri-
ate comments. The information must be made available for a period of
at least fifteen days before the Project Feasibility Meeting.
(2) Establish a date for the meeting agreeable to the Department and
Department of Health Services.
(3) Notify the Department, the Department of Health Services and ap-
propriate county health agencies in writing at least twenty calendar days
before the meeting, and notify all water users and the local news media
in writing at least fifteen calendar days before the meeting. The notice
shall state: the date, time, location, and purpose of the meeting and the
location of information describing the project for review by the water us-
ers. Sample notice forms will be provided by the Department.
(4) Obtain a meeting place of sufficient size and at a convenient loca-
tion to accommodate the anticipated attendance.
(c) The agenda of the meeting shall include the following matters: (1)
A discussion of applicable public health and water works standards, ex-
isting and potential health hazards associated with the water system, how
the proposed project will bring the system to minimum health standards,
and alternative solutions to the problem. (2) The supplier shall describe
the proposed project in detail, using maps, charts, and other illustrative
devices, if appropriate. The discussion shall include the costs, sources of
funds, the amount of the loan -grant commitment, and changes in water
costs resulting from the project.
(3) A representative of the State may describe the Act, the State's role
in its administration and the Department's recommendation regarding
the supplier's loan application. Persons present at the meeting shall be
permitted to ask questions regarding all subjects discussed at the meet-
ing.
(d) I f no representative of the Department is present at the meeting, the
supplier shall submit an official written report to the Department describ-
ing the meeting and its outcome including the results of any vote taken.
NOTE: Authority cited: Section 13834, Water Codc. Reference: Section 13834,
Water Code.
§ 489.1. Plans and Specifications.
Before commencing construction, each Supplier shall provide de-
tailed plans and specifications to the Department of Health Services for
review and approval by a registered Civil Engineer employed by the De-
partment of Health Services. Unless otherwise authorized in writing by
the Department of Health Services, the supplier shall not commence con-
struction without written notification from the Department of Health Ser-
vices that the plans and specifications have been approved.
NOTE: Authority cited: Section 13834. Water Codc. Reference: Section 13837.
Water Code.
§ 489.2. Certification of Completion.
Department of t-lealth Services shall inspect the completed project and
if satisfied that the project has been completed in accordance with ap-
proved plans and specifications, shall provide the supplier and the De-
partment with written certification to that effect.
NOTE: Authority cited: Section 13834, Water Code. Reference: Section 13834,
Water Code.
Chapter 2.6. Weather Resources
Management [Repealed]
NOTE: Authority cited: Sections 161. 401, 403 and 6078, Water Codc. Reference:
Sections 401, 402 and 403. Water Code and Sections 21000 et seq.. Public Re-
sources Code.
HISTORY
1. New Subchapter 2.6 (Articles 1-5, Sections 490-495.03, not consecutive) filed
9-28-79; effective thirtieth day thereafter (Register 79. No. 39).
2. Repealer of Subchapter 2.6 (Articles 1-5, Sections 490-495.03, not consecu-
tive, not previously repealed by OAL Order of Repeal) filed 6-5-86: effective
Attachment 1
thirtieth day thereafter (Register 86. No. 23). For prior history, see Register 85.
No. 26; 81, Nos. 40 and 38: and 80, No. 7.
Chapter 2.7. Model Water Efficient
Landscape Ordinance
§ 490. Purpose.
(a) The State Legislature has found:
(l) that the waters of the state are of limited supply and are subject to
ever increasing demands;
(2) that the continuation of California's economic prosperity is depen-
dent on the availability of adequate supplies of water for future uses;
(3) that it is the policy of the State to promote the conservation and effi-
cient use of water and to prevent the waste of this valuable resource;
(4) that landscapes are essential to the quality of life in California by
providing areas for active and passive recreation and as an enhancement
to the environment by cleaning air and water, preventing erosion, offer-
ing fire protection, and replacing ecosystems lost to development;
(5) that landscape design, installation, maintenance and management
can and should be water efficient;
(6) that Section 2 of Article X of the California Constitution specifies
that the right to use water is limited to the amount reasonably required for
the beneficial use to be served and the right does not and shall not extend
to waste or unreasonable method of use.
(b) Consistent with the legislative findings, the purpose of this model
ordinance is to:
(I) promote the values and benefits of landscaping practices that inte-
grate and go beyond the conservation and efficient use of water;
(2) establish a structure for planning, designing, installing, maintain-
ing and managing water efficient landscapes in new construction and re-
habilitated projects by encouraging the use of a watershed approach that
requires cross -sector collaboration of industry, government and proper-
ty owners to achieve the many benefits possible;
(3) establish provisions for water management practices and water
waste prevention for existing landscapes;
(4) use water efficiently without waste by setting a Maximum Applied
Water Allowance as an upper limit for water use and reduce water use to
the lowest practical amount;
(5) promote the benefits of consistent landscape ordinances with
neighboring local and regional agencies;
(6) encourage local agencies and water purveyors to use economic in-
centives that promote the efficient use of water, such as implementing a
tiered -rate structure; and
(7) encourage local agencies to designate the necessary authority that
implements and enforces the provisions of the Model Water Efficient
Landscape Ordinance or its local landscape ordinance.
(c) Landscapes that are planned, designed, installed, managed and
maintained with the watershed based approach can improve California's
environmental conditions and provide benefits and realize sustainability
goals. Such landscapes will make the urban environment resilient in the
face of climatic extremes. Consistent with the legislative findings and
purpose of the Ordinance, conditions in the urban setting will be im-
proved by:
(1) Creating the conditions to support life in the soil by reducing com-
paction, incorporating organic matter that increases water retention, and
promoting productive plant growth that leads to more carbon storage, ox-
ygen production, shade, habitat and esthetic benefits.
(2) Minimizing energy use by reducing irrigation water requirements,
reducing reliance on petroleum based fertilizers and pesticides, and
planting climate appropriate shade trees in urban areas.
(3) Conserving water by capturing and reusing rainwater and graywa-
ter wherever possible and selecting climate appropriate plants that need
minimal supplemental water after establishment.
(4) Protecting air and water quality by reducing power equipment use
and landfill disposal trips, selecting recycled and locally sourced mated -
Page 37
Register 21115. No. 38; 9— 18—? -1115
§ 490.1 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title X8335
als, and using compost, mulch and efficient irrigation equipment to pre-
vent erosion.
(5) Protecting existing habitat and creating new habitat by choosing
local native plants, climate adapted non -natives and avoiding invasive
plants. Utilizing integrated pest management with least toxic methods as
the first course of action.
NOTE: Authority cited: Section 65593, Government Code; and sections 11 and 30,
Governor's Exec. Order No. B-29-15 (April 1, 2015). Reference: Sections 65591,
65593 and 65596, Government Code; and section 1 I, Governor's Exec. Order No.
B -29—I5 (April 1, 2015).
HISTORY
1. New chapter 2.7 (sections 490-495) filed 7-31-92; operative 7-31-92 (Regis-
ter 92, No. 32).
2. Amendment of section and NOTE filed 9-10-2009; operative 9-10-2009 pur-
suant to Government Code section 11343.4 (Register 2009. No. 37).
3. Amendment of subsections (a)(4) and (b)(I)—(2), new subsections (c)—(c)(5)
and amendment of Nom filed 9-15-2015; operative 9-15-2015. Exempt from
OAL review and submitted to OAL for printing only pursuant to Governor's
Executive Order No. B -29—I 5 (4-1-2015) (Register 2015, No. 38).
§ 490.1. Applicability.
(a) After December 1, 2015, and consistent with Executive Order No.
B-29-15, this ordinance shall apply to all of the following landscape
projects:
(1) new construction projects with an aggregate landscape area equal
to or greater than 500 square feet requiring a building or landscape per-
mit, plan check or design review;
(2) rehabilitated landscape projects with an aggregate landscape area
equal to or greater than 2,500 square feet requiring a building or land-
scape permit, plan check, or design review:
(3) existing landscapes limited to Sections 493, 493.1 and 493.2; and
(4) cemeteries. Recognizing the special landscape management needs
of cemeteries, new and rehabilitated cemeteries are limited to Sections
492.4, 492.1 1, and 492. 12; and existing cemeteries are limited to Sec-
tions 493, 493.1, and 493.2.
(b) For local land use agencies working together to develop a regional
water efficient landscape ordinance, the reporting requirements of this
ordinance shall become effective December 1, 2015 and the remainder
of this ordinance shall be effective no later than February 1, 2016.
(c) Any project with an aggregate landscape area of 2,500 square feet
or less may comply with the performance requirements of this ordinance
or conform to the prescriptive measures contained in Appendix D.
(d) For projects using treated or untreated graywater or rainwater cap-
tured on site, any lot or parcel within the project that has less than 2500
sq. ft. of landscape and meets the lot or parcel's landscape water require-
ment (Estimated Total Water Use) entirely with treated or untreated gray -
water or through stored rainwater captured on site is subject only to Ap-
pendix D section (5).
(e) This ordinance does not apply to:
(1) registered local, state or federal historical sites;
(2) ecological restoration projects that do not require a permanent ir-
rigation system;
(3) mined -land reclamation projects that do not require a permanent
irrigation system; or
(4) existing plant collections, as part of botanical gardens and arbore-
tums open to the public.
NOTE: Authority cited: Section 65595, Government Code; and sections II and 30,
Governor's Exec. Order No. B -29—I5 (April I, 2015). Reference: Section 65596,
Government Code; and section 11, Governor's Exec. Order No. B -29—I 5 (April
I, 2015).
HISTORY
1. New section filed 9-10-2009; operative 9-10-2009 pursuant to Government
Code section 11343.4 (Register 2009, No. 37).
2. Amendment of section and Noi E tiled 9-15-2015; operative 9-15-2015. Ex-
empt from OAL review and submitted to OAL for printing only pursuant to
Governor's Executive Order No. B-29-15 (4-1-2015) (Register 2015, No. 38).
§ 491. Definitions.
The terns used in this ordinance have the meaning set forth below:
(a) "applied water" means the portion of water supplied by the irriga-
tion system to the landscape.
(b) "automatic irrigation controller" means a timing device used to re-
motely control valves that operate an irrigation system. Automatic irriga-
tion controllers are able to self -adjust and schedule irrigation events us-
ing either evapotranspiration (weather -based) or soil moisture data.
(c) "backflow prevention device" means a safety device used to pre-
vent pollution or contamination of the water supply due to the reverse
Flow of water from the irrigation system.
(d) "Certificate of Completion" means the document required under
Section 492.9.
(e) "certified irrigation designer" means a person certified to design
irrigation systems by an accredited academic institution, a professional
trade organization or other program such as the US Environmental
Protection Agency's WaterSense irrigation designer certification pro-
gram and Irrigation Association's Certified Irrigation Designer program.
(f) "certified landscape irrigation auditor" means a person certified to
perform landscape irrigation audits by an accredited academic institu-
tion, a professional trade organization or other program such as the US
Environmental Protection Agency's WaterSense irrigation auditor certi-
fication program and Irrigation Association's Certified Landscape Ir-
rigation Auditor program.
(g) "check valve" or "anti -drain valve" means a valve located under
a sprinkler head, or other location in the irrigation system, to hold water
in the system to prevent drainage from sprinkler heads when the sprinkler
is off.
(h) "common interest developments" means community apartment
projects, condominium projects, planned developments, and stock coop-
eratives per Civil Code Section 1351.
(i) "compost" means the safe and stable product of controlled biologic
decomposition of organic materials that is beneficial to plant growth.
(j) "conversion factor (0.62)" means the number that converts acre -
inches per acre per year to gallons per square foot per year.
(k) "distribution uniformity" means the measure of the uniformity of
irrigation water over a defined area.
(1) "drip irrigation" means any non -spray low volume irrigation sys-
tem utilizing emission devices with a flow rate measured in gallons per
hour. Low volume irrigation systems are specifically designed to apply
small volumes of water slowly at or near the root zone of plants.
(m) "ecological restoration project" means a project where the site is
intentionally altered to establish a defined, indigenous, historic ecosys-
tem.
(n) `effective precipitation" or "usable rainfall" (Eppt) means the por-
tion of total precipitation which becomes available for plant growth.
(o) "emitter" means a drip irrigation emission device that delivers wa-
ter slowly from the system to the soil.
(p) "established landscape" means the point at which plants in the
landscape have developed significant root growth into the soil. Typical-
ly, most plants are established after one or two years of growth.
(q) "establishment period of the plants" means the first year after
installing the plant in the landscape or the first two years if irrigation will
be terminated after establishment. Typically, most plants are established
after one or two years of growth. Native habitat mitigation areas and trees
may need three to five years for establishment.
(r) "Estimated Total Water Use" (ETWU) means the total water used
for the landscape as described in Section 492.4.
(s) "ET adjustment factor" (ETAF) means a factor of 0.55 for residen-
tial areas and 0.45 for non-residential areas, that, when applied to refer-
ence evapotranspiration, adjusts for plant factors and irrigation efficien-
cy, two major influences upon the amount of water that needs to be
applied to the landscape. The ETAF for new and existing (non -rehabili-
tated) Special Landscape Areas shall not exceed 1.0. The ETAF for exist-
ing non -rehabilitated landscapes is 0.8.
Page 38
Register 2015, Nu. 38; 9-18-2015
Title 23 Department of Water Resources
P336
(1) "evapotranspiration rate" means the quantity of water evaporated
from adjacent soil and other surfaces and transpired by plants during a
specified time.
(u) "flow rate" means the rate at which water Flows through pipes,
valves and emission devices, measured in gallons per minute, gallons per
hour, or cubic feet per second.
(v) "flow sensor" means an inline device installed at the supply point
of the irrigation system that produces a repeatable signal proportional to
flow rate. Flow sensors must be connected to an automatic irrigation con-
troller, or flow monitor capable of receiving flow signals and operating
piaster valves. This combination Clow sensor/controller may also func-
tion as a landscape water meter or submeter.
(w) "friable" means a soil condition that is easily crumbled or loosely
compacted down to a minimum depth per planting material require-
ments, whereby the root structure of newly planted material will be al-
lowed to spread unimpeded.
(x) "Fuel Modification Plan Guideline" means guidelines from a local
fire authority to assist residents and businesses that are developing land
or building structures in a fire hazard severity zone.
(y) "graywater" means untreated wastewater that has not been con-
taminated by any toilet discharge, has not been affected by infectious,
contaminated, or unhealthy bodily wastes, and docs not present a threat
from contamination by unhealthful processing, manufacturing, or oper-
ating wastes. "Graywater" includes, but is not limited to, wastewater
from bathtubs, showers, bathroom washbasins, clothes washing ma-
chines, and laundry tubs, but does not include wastewater from kitchen
sinks or dishwashers. Health and Safety Code Section 17922.12.
(z) "hardscapes" means any durable material (pervious and non—per-
vious).
(aa) "hydrozone" means a portion of the landscaped area having plants
with similar water needs and rooting depth. A hydrozone may be irri-
gated or non—irrigated.
(bb) "infiltration rate" means the rate of water entry into the soil ex-
pressed as a depth of water per unit of time (e.g., inches per hour).
(cc) "invasive plant species" means species of plants not historically
found in California that spread outside cultivated areas and can damage
environmental or economic resources. invasive species may be regulated
by county agricultural agencies as noxious species. Lists of invasive
plants are maintained at the California Invasive Plant Inventory and
USDA invasive and noxious weeds database.
(dd) "irrigation audit" means an in—depth evaluation of the perfor-
mance of an irrigation system conducted by a Certified Landscape irriga-
tion Auditor. An irrigation audit includes, but is not limited to: inspec-
tion, system tune—up, system test with distribution uniformity or
emission uniformity, reporting overspray or runoff that causes overland
flow, and preparation of an irrigation schedule. The audit must be con-
ducted in a manner consistent with the Irrigation Association's Land-
scape Irrigation Auditor Certification program or other U.S. Environ-
mental Protection Agency "Watersense" labeled auditing program.
(ee) "irrigation efficiency" (1E) means the measurement of the amount
of water beneficially used divided by the amount of water applied. irriga-
tion efficiency is derived from measurements and estimates of irrigation
system characteristics and management practices. The irrigation effi-
ciency for purposes of this ordinance are 0.75 for overhead spray devices
and 0.81 for drip systems.
(ff) "irrigation survey" means an evaluation of an irrigation system
that is less detailed than an irrigation audit. An irrigation survey includes,
but is not limited to: inspection, system test, and written recommenda-
tions to improve performance of the irrigation system.
(gg) "irrigation water use analysis" means an analysis of water use
data based on meter readings and billing data.
(1111) "landscape architect" means a person who holds a license to prac-
tice landscape architecture in the state of California Business and Profes-
sions Code, Section 5615.
(ii) `landscape area" means all the planting areas, turf areas, and water
features in a landscape design plan subject to the Maximum Applied Wa-
ter Allowance calculation. The landscape arca does not include foot-
prints of buildings or structures, sidewalks, driveways, parking lots,
decks, patios, gravel or stone walks, other pervious or non—pervious
hardscapes, and other non—irrigated areas designated for non—develop-
ment (e.g., open spaces and existing native vegetation).
(jj) "landscape contractor" means a person licensed by the state of
California to construct, maintain, repair, install, or subcontract the devel-
opment of landscape systems.
(kk) "Landscape Documentation Package" means the documents re-
quired under Section 492.3.
(//) "landscape project" means total area of landscape in a project as
defined in "landscape area" for the purposes of this ordinance, meeting
requirements under Section 490.1.
(mm) "landscape water meter" means an inline device installed at the
irrigation supply point that measures the flow of water into the irrigation
system and is connected to a totalizer to record water use.
(nn) `lateral line" means the water delivery pipeline that supplies wa-
ter to the emitters or sprinklers from the valve.
(oo) "local agency" means a city or county, including a charter city or
charter county, that is responsible for adopting and implementing the or-
dinance. The local agency is also responsible for the enforcement of this
ordinance, including but not limited to, approval of a permit and plan
check or design review of a project.
(pp) "local water purveyor" means any entity, including a public
agency, city, county, or private water company that provides retail water
service.
(qq) "low volume irrigation" means the application of irrigation water
at low pressure through a system of tubing or lateral lines and low—vol-
ume emitters such as drip, drip lines, and bubblers. Low volume irriga-
tion systems are specifically designed to apply small volumes of water
slowly at or near the root zone of plants.
(rr) "main line" means the pressurized pipeline that delivers water
from the water source to the valve or outlet.
(ss) "master shut—off valve" is an automatic valve installed at the ir-
rigation supply point which controls water flow into the irrigation sys-
tem. When this valve is closed water will not be supplied to the irrigation
system. A master valve will greatly reduce any water loss due to a leaky
station valve.
(tt) "Maximum Applied Water Allowance" (MAWA) means the up-
per limit of annual applied water for the established landscaped area as
specified in Section 492.4. It is based upon the area's reference evapo-
transpiration, the ET Adjustment Factor, and the size of the landscape
area. The Estimated Total Water Use shall not exceed the Maximum Ap-
plied Water Allowance. Special Landscape Areas, including recreation
areas, areas permanently and solely dedicated to edible plants such as or-
chards and vegetable gardens, and areas irrigated with recycled water are
subject to the MAWA with an ETAF not to exceed 1.0. MAWA = (ETo)
(0.62) [(ETAF x LA) + ((1—ETAF) x SLA)]
(Liu) "median" is an area between opposing lanes of traffic that may be
unplanted or planted with trees, shrubs, perennials, and ornamental
grasses.
(vv) "microclimate" means the climate of a small, specific area that
may contrast with the climate of the overall landscape area due to factors
such as wind, sun exposure, plant density, or proximity to reflective sur-
faces.
(ww) "mined—land reclamation projects" means any surface mining
operation with a reclamation plan approved in accordance with the Sur-
face Mining and Reclamation Act of 1975.
(xx) "mulch" means any organic material such as leaves, bark, straw,
compost, or inorganic mineral materials such as rocks, gravel, or decom-
posed granite left loose and applied to the soil surface for the beneficial
purposes of reducing evaporation, suppressing weeds, moderating soil
temperature, and preventing soil erosion.
(yy) "new construction" means, for the purposes of this ordinance, a
new building with a landscape or other new landscape, such as a park,
playground, or greenbelt without an associated building.
Page 38.1
Register 2015. No. 38: 9-18-2015
§ 492
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title P337
(zz) "non—residential landscape" means landscapes in commercial,
institutional. industrial and public settings that may have areas desig-
nated for recreation or public assembly. it also includes portions acorn -
mon areas of common interest developments with designated recreation-
al areas.
(aaa) "operating pressure" means the pressure at which the parts of an
irrigation system are designed by the manufacturer to operate.
(bbb) "overhead sprinkler irrigation systems" or "overhead spray ir-
rigation systems" means systems that deliver water through the air (e.g..
spray heads and rotors).
(ccc) "overspray" means the irrigation water which is delivered be-
yond the target area.
(ddd) "parkway" means the area between a sidewalk and the curb or
traffic lane. ft may be planted or unplanted, and with or without pedes-
trian egress.
(eee) "permit" means an authorizing document issued by local agen-
cies for new construction or rehabilitated landscapes.
(fff) "pervious" means any surface or material that allows the passage
of water through the material and into the underlying soil.
(ggg) "plant factor" or "plant water use tactor" is a factor, when multi-
plied by ETo, estimates the amount of water needed by plants. For pur-
poses of this ordinance, the plant factor range for very low water use
plants is 0 to 0.1, the plant factor range for low water use plants is 0.1 to
0.3, the plant factor range for moderate water use plants is 0.4 to 0.6, and
the plant factor range for high water use plants is 0.7 to 1.0. Plant factors
cited in this ordinance are derived from the publication "Water Use Clas-
sification of Landscape Species". Plant factors may also be obtained
from horticultural researchers from academic institutions or professional
associations as approved by the California Department of Water Re-
sources (DWR).
(hhh) "project applicant" means the individual or entity submitting a
Landscape Documentation Package required under Section 492.3, to re-
quest a permit, plan check, or design review from the local agency. A
project applicant may be the property owner or his or her designee.
(iii) "rain sensor" or "rain sensing shutoff device" means a component
which automatically suspends an irrigation event when it rains.
(jjj) "record drawing" or "as—builts" means a set of reproducible draw-
ings which show significant changes in the work made during construc-
tion and which are usually based on drawings marked up in the field and
other data furnished by the contractor.
(kkk) "recreational area" means areas, excluding private single family
residential areas, designated for active play, recreation or public assem-
bly in parks, sports fields, picnic grounds, amphitheaters or golf course
tees, fairways, roughs, surrounds and greens.
(11!) "recycled water," "reclaimed water," or "treated sewage effluent
water" means treated or recycled waste water of a quality suitable for
nonpotable uses such as landscape irrigation and water features. This wa-
ter is not intended for human consumption.
(mmm) "reference evapotranspiration" or "ETo" means a standard
measurement of environmental parameters which affect the water use of
plants. ETo is expressed in inches per day, month, or year as represented
in Appendix A, and is an estimate of the evapotranspiration of a large
field of four— to seven—inch tall, cool—season grass that is well watered.
Reference evapotranspiration is used as the basis of determining the
Maximum Applied Water Allowances so that regional differences in cli-
mate can be accommodated.
(nnn) "Regional Water Efficient Landscape Ordinance" means a local
Ordinance adopted by two or more local agencies, water suppliers and
other stakeholders for implementing a consistent set of landscape provi-
sions throughout a geographical region. Regional ordinances are strong-
ly encouraged to provide a consistent framework for the landscape indus-
try and applicants to adhere to.
(000) "rehabilitated landscape" means any relandscaping project that
requires a permit, plan check, or design review, meets the requirements
of Section 490.1, and the modified landscape area is equal to or greater
than 2,500 square feet.
(ppp) "residential landscape" means landscapes surrounding single or
multifamily homes.
(qqq) "nun off' means water which is not absorbed by the soil or land-
scape to which it is applied and flows from the landscape area. For exam-
ple, run off may result from water that is applied at too great a rate (appli-
cation rate exceeds infiltration rate) or when there is a slope.
(rrr) "soil moisture sensing device" or "soil moisture sensor" means
a device that measures the amount of water in the soil. The device may
also suspend or initiate an irrigation event.
(sss) "soil texture" means the classification ofsoil based on its percent-
age of sand, silt, and clay.
(ttt) "Special Landscape Area" (SLA) means an area of the landscape
dedicated solely to edible plants, recreational areas, areas irrigated with
recycled water, or water features using recycled water.
(uuu) "sprinkler head" or "spray head" means a device which delivers
water through a nozzle.
(vvv) "static water pressure" means the pipeline or municipal water
supply pressure when water is not Flowing.
(www) "station" means an area served by one valve or by a set of
valves that operate simultaneously.
(xxx) "swing joint" means an irrigation component that provides a
flexible, leak—free connection between the emission device and lateral
pipeline to allow movement in any direction and to prevent equipment
damage.
(yyy) "submeter" means a metering device to measure water applied
to the landscape that is installed after the primary utility water meter.
(zzz) "turf' means a ground cover surface of mowed grass. Annual
bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall
fescue are cool—season grasses. Bermtudagrass, Kikuyugrass, Seashore
Paspalum, St. Augustinegrass, Zoysiagrass, and Buffalo grass are warm—
season grasses.
(aaaa) "valve" means a device used to control the Flow of water in the
irrigation system.
(bbbb) "water conserving plant species" means a plant species identi-
fied as having a very low or low plant factor.
(cccc) "water feature" means a design element where open water per-
forms an aesthetic or recreational function. Water features include ponds,
lakes, waterfalls, fountains, artificial streams, spas, and swimming pools
(where water is artificially supplied). The surface area of water features
is included in the high water use hydrozone of the landscape area.
Constructed wetlands used for on—site wastewater treatment or stormwa-
ter best management practices that are not irrigated and used solely for
water treatment or stonmvater retention are not water features and, there-
fore, are not subject to the water budget calculation.
(dddd) "watering window" means the time of day irrigation is allowed.
(ecce) "WUCOLS" means the Water Use Classification of Landscape
Species published by the University ofCalifornia Cooperative Extension
and the Department of Water Resources 2014.
NOTE: Authority cited: Section 65595, Government Code; and sections I 1 and 30,
Governor's Exec. Order No. B -29-I 5 (April 1, 2015). Reference: Sections 65592
and 65596, Government Code; and section 1 I, Governor's Exec. Order No.
B -29-I5 (April 1, 2015).
HISTORY
1 . New section filed 7-31-92; operative 7-31-92 (Register 92, No. 32).
2. Amendment of section and NOTE Tiled 9-10-2009; operative 9-10-2009 pur-
suant to Government Code section 11343.4 (Register 2009. No. 37).
3. Amendment of section and NOTE filed 9-15-2015; operative 9-15-2015. Ex-
empt from OAL review and submitted to OAL for printing only pursuant to
Governor's Executive Order No. B -29-I 5 (4-1-2015) ( Register 2015, No. 38).
§ 492. Provisions for New Construction or Rehabilitated
Landscapes.
(a) A local agency may designate by mutual agreement, another
agency, such as a water purveyor, to implement some or all of the require-
ments contained in this ordinance. Local agencies may collaborate with
water purveyors to define each entity's specific responsibilities relating
to this ordinance.
NOTE: Authority cited: Section 65595, Government Code, and sections 11 and 30,
Governor's Exec. Order No. B-29-15 (April I.2015). Reference: Section 65596,
Page 38.2
Register 2015, No. 38: 9-18-21115
Title 23 Department of Water Resources
§ P338
Government Code; and section 11, Governor's Exec. Order No. B -29-I5 (April
1.2015).
HISTORY
1. New section filed 7-31-92: operative 7-31-92 (Register 92, No. 32).
2. Amendment of section heading. repealer and new section and amendment of
NOTE filed 9-10-2009; operative 9-10-2009 pursuant to Government Code
section 11343.4 (Register 2009, No. 37).
3. Amendment of section and NOTE tiled 9-15-2015; operative 9-15-2015. Ex-
empt from OAL review and submitted to OAL for printing only pursuant to
Governor's Executive Order No. B-29-15 (4-1-2015 ) ( Register 2015, No. 38).
§ 492.1. Compliance with Landscape Documentation
Package.
(a) Prior to construction, the local agency shall:
(1) provide the project applicant with the ordinance and procedures for
permits, plan checks or design reviews;
(2) review the Landscape Documentation Package submitted by the
project applicant;
(3) approve or deny the Landscape Documentation Package;
(4) issue a permit or approve the plan check or design review for the
project applicant; and
(5) upon approval of the Landscape Documentation Package, submit
a copy of the Water Efficient Landscape Worksheet to the local water
purveyor.
(b) Prior to construction, the project applicant shall:
(1) submit a Landscape Documentation Package to the local agency.
(c) Upon approval of the Landscape Documentation Package by the
local agency, the project applicant shall:
(I) receive a permit or approval of the plan check or design review and
record the date of the permit in the Certificate of Completion;
(2) submit a copy of the approved Landscape Documentation Package
along with the record drawings, and any other information to the property
owner or his/her designee; and
(3) submit a copy of the Water Efficient Landscape Worksheet to the
local water purveyor.
NOTE: Authority cited: Section 65595, Government Code. Reference: Section
65596, Government Code.
HISTORY
1. New section filed 9-10-2009; operative 9-10-2009 pursuant to Government
Code section 11343.4 (Register 2009, No. 37).
§ 492.2. Penalties.
(a) A local agency may establish and administer penalties to the proj-
ect applicant for non-compliance with the ordinance to the extent per-
mitted by law.
NOTE: Authority cited: Section 65595, Government Code. Reference: Section
65596, Government Code.
HISTORY
1. New section filed 9-10-2009; operative 9-10-2009 pursuant to Government
Code section 11343.4 (Register 2009. No. 37).
§ 492.3. Elements of the Landscape Documentation
Package.
(a) The Landscape Documentation Package shall include the follow-
ing six (6) elements:
(I) project information;
(A) date
(B) project applicant
(C) project address (if available, parcel and/or lot number(s))
(D) total landscape area (square feet)
(E) project type (e.g.. new, rehabilitated, public, private, cemetery,
homeowner -installed)
(F) water supply type (e.g., potable, recycled, well) and identify the lo-
cal retail water purveyor if the applicant is not served by a private well
(G) checklist of all documents in Landscape Documentation Package
(H) project contacts to include contact information for the project ap-
plicant and property owner
(I) applicant signature and date with statement, "I agree to comply with
the requirements of the water efficient landscape ordinance and submit
a complete Landscape Documentation Package".
(2) Water Efficient Landscape Worksheet;
(A) hydrozone information table
(B) water budget calculations
1. Maximum Applied Water Allowance (MAWA)
2. Estimated Total Water Use (ETWU)
(3) soil management report;
(4) landscape design plan;
(5) irrigation design plan; and
(6) grading design plan.
NOTE: Authority cited: Section 65595, Government Code. Reference: Section
65596, Government Code.
HISTORY
1. New section tiled 9-10-2009: operative 9-10-2009 pursuant to Government
Code section 11343.4 (Register 2009, No. 37).
§ 492.4. Water Efficient Landscape Worksheet.
(a) A project applicant shall complete the Water Efficient Landscape
Worksheet in Appendix B which contains information on the plant fac-
tor, irrigation method, irrigation efficiency, and area associated with
each hydrozone. Calculations are then made to show that the evapotran-
spiration adjustment factor (ETAF) for the landscape project docs not ex-
ceed a factor of 0.55 for residential areas and 0.45 for non-residential
areas, exclusive of Special Landscape Areas. The ETAF for a landscape
project is based on the plant factors and irrigation methods selected. The
Maximum Applied Water Allowance is calculated based on the maxi-
mum ETAF allowed (0.55 for residential areas and 0.45 for non-residen-
tial areas) and expressed as annual gallons required. The Estimated Total
Water Use (ETWU) is calculated based on the plants used and irrigation
method selected for the landscape design. ETWU must be below the
MAWA.
(1) In calculating the Maximum Applied Water Allowance and Esti-
mated Total Water Use, a project applicant shall use the ETo values from
the Reference Evapotranspiration Table in Appendix A. For geographic
areas not covered in Appendix A, use data from other cities located
nearby in the same reference evapotranspiration zone, as found in the
CIMIS Reference Evapotranspiration Zones Map, Department of Water
Resources, 1999.
(b) Water budget calculations shall adhere to the following require-
ments:
( I ) The plant factor used shall be from WUCOLS or from horticultural
researchers with academic institutions or professional associations as ap-
proved by the California Department of Water Resources (DWR). The
plant factor ranges from 0 to 0.1 for very low water using plants, 0.1 to
0.3 for low water use plants, from 0.4 to 0.6 for moderate water use plants,
and from 0.7 to 1.0 for high water use plants.
(2) All water features shall be included in the high water use hydrozone
and temporarily irrigated areas shall be included in the low water use hy-
drozone.
(3) All Special Landscape Areas shall be identified and their water use
calculated as shown in Appendix B.
(4) ETAF for new and existing (non -rehabilitated) Special Landscape
Areas shall not exceed 1.0.
NOTE: Authority cited: Section 65595, Government Code; and sections 11 and 30,
Governor's Exec. Order No. B -29-I 5 (April 1, 2015). Reference: Section 65596,
Government Code; and section I I, Governor's Exec. Order No. B-29-15 (April
1, 2015).
HISTORY
1. New section filed 9-10-2009; operative 9-10-2009 pursuant to Government
Code section 11343.4 (Register 2009. No. 37).
2. Amendment of section and NOTE filed 9-15-2015; operative 9-15-2015. Ex-
empt from OAL review and submitted to OAL for printing only pursuant to
Governor's Executive Order No. B -29-I 5 (4-1-2015) (Register 2015, No. 38).
§ 492.5. Soil Management Report.
(a) In order to reduce runoff and encourage healthy plant growth, a soil
management report shall be completed by the project applicant, or his/her
designee, as follows:
(1) Submit soil samples to a laboratory for analysis and recommenda-
tions.
Page 38.3
Register 2015. No. 38: 9-18-2015
§ 492.6 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 9339
(A) Soil sampling shall be conducted in accordance with laboratory
protocol, including protocols regarding adequate sampling depth for the
intended plants.
(B) The soil analysis shall include:
1. soil texture;
2. infiltration rate determined by laboratory test or soil texture infiltra-
tion rate table;
3. pH;
4. total soluble salts:
5. sodium;
6. percent organic matter; and
7. recommendations.
(C) In projects with multiple landscape installations (i.c. production
home developments) a soil sampling rate of 1 in 7 lots or approximately
15% will satisfy this requirement. Large landscape projects shall sample
at a rate equivalent to 1 in 7 Tots.
(2) The project applicant, or his/her designee, shall comply with one
of the following:
(A) if significant mass grading is not planned, the soil analysis report
shall be submitted to the local agency as part of the Landscape Documen-
tation Package; or
(B) If significant mass grading is planned, the soil analysis report shall
be submitted to the local agency as part of the Certificate of Completion.
(3) The soil analysis report shall be made available, in a timely manner,
to the professionals preparing the landscape design plans and irrigation
design plans to make any necessary adjustments to the design plans.
(4) The project applicant, or his/her designee, shall submit documenta-
tion verifying implementation of soil analysis report recommendations
to the local agency with Certificate of Completion.
NOTE: Authority cited: Section 65595, Government Code; and sections 1 I and 30,
Governor's Exec. Order No. B -29—I5 (April 1, 2015). Reference: Section 65596,
Government Code; and section 1 1, Governor's Exec. Order No. B-29-15 (April
1, 2015).
FI ISTORY
I. New section filed 9-10-2009; operative 9-10-2009 pursuant to Govenunent
Code section 11343.4 (Register 2009, No. 37).
2. Amendment of subsection (a)(1)(B), new subsection (a)(I)(C) and amendment
ofNoTE filed 9-15-2015; operative 9-15-2015. Exempt from OAL review and
submitted to OAL for printing only pursuant to Governor's Executive Order No.
B-29-15 (4-1-2015) (Register 2015, No. 38).
§ 492.6. Landscape Design Plan.
(a) For the efficient use of water, a landscape shall be carefully de-
signed and planned for the intended function of the project. A landscape
design plan meeting the following design criteria shall be submitted as
part of the Landscape Documentation Package.
( I ) Plant Material
(A) Any plant may be selected for the landscape, providing the Esti-
mated Total Water Use in the landscape area does not exceed the Maxi-
mum Applied Water Allowance. Methods to achieve water efficiency
shall include one or more of the following:
1. protection and preservation of native species and natural vegetation;
2. selection of water—conserving plant, tree and turf species, especially
local native plants;
3. selection of plants based on local climate suitability, disease and
pest resistance;
4. selection of trees based on applicable local tree ordinances or tree
shading guidelines, and size at maturity as appropriate for the planting
area; and
5. selection of plants from local and regional landscape program plant
lists.
6. selection of plants from local Fuel Modification Plan Guidelines.
(B) Each hydrozone shall have plant materials with similar water use,
with the exception of hydrozones with plants of nixed water use, as spe-
cified in Section 492.7(a)(2)(D).
(C) Plants shall be selected and planted appropriately based upon their
adaptability to the climatic, geologic, and topographical conditions of the
project site. Methods to achieve water efficiency shall include one or
more of the following:
I. use the Sunset Western Climate Zone System which takes into ac-
count temperature, humidity, elevation, terrain. latitude, and varying de-
grees of continental and marine influence on local climate;
2. recognize the horticultural attributes of plants (i.e., mature plant
size, invasive surface roots) to minimize damage to property or infra-
structure [e.g., buildings. sidewalks, power lines]; allow for adequate soil
volume for healthy root growth; and
3. consider the solar orientation for plant placement to maximize sum-
mer shade and winter solar gain.
(D) Turf is not allowed on slopes greater than 25% where the toe of the
slope is adjacent to an impermeable hardscape and where 25% means 1
foot of vertical elevation change for every 4 feet of horizontal length (rise
divided by run x 100 = slope percent).
(E) Fligh water use plants, characterized by a plant factor of 0.7 to 1.0,
are prohibited in street medians.
(F) A landscape design plan for projects in fire—prone areas shall ad-
dress fire safety and prevention. A defensible space or zone around a
building or structure is required per Public Resources Code Section
4291(a) and (b). Avoid fire—prone plant materials and highly flammable
mulches. Refer to the local Fuel Modification Plan guidelines.
(G) The use of invasive plant species, such as those listed by the
California Invasive Plant Council, is strongly discouraged.
(H) The architectural guidelines of a common interest development,
which include community apartment projects, condominiums, planned
developments, and stock cooperatives, shall not prohibit or include
conditions that have the effect of prohibiting the use of low—water use
plants as a group.
(2) Water Features
(A) Recirculating water systems shall be used for water features.
(B) Where available, recycled water shall be used as a source for deco-
rative water features.
(C) Surface area of a water feature shall be included in the high water
use hydrozone arca of the water budget calculation.
(D) Pool and spa covers are highly recommended.
(3) Soil Preparation, Mulch and Amendments
(A) Prior to the planting of any materials, compacted soils shall be
transformed to a friable condition. On engineered slopes, only amended
planting holes need meet this requirement.
(B) Soil amendments shall be incorporated according to recommenda-
tions of the soil report and what is appropriate for the plants selected (see
Section 492.5).
(C) For landscape installations, compost at a rate of a minimum of four
cubic yards per 1,000 square feet of permeable area shall be incorporated
to a depth of six inches into the soil. Soils with greater than 6% organic
matter in the top 6 inches of soil are exempt from adding compost and
tilling.
(D) A minimum three inch (3") layer of mulch shall be applied on all
exposed soil surfaces of planting areas except in turf areas, creeping or
rooting groundcovers, or direct seeding applications where mulch is con-
traindicated. To provide habitat for beneficial insects and other wildlife,
up to 5 % of the landscape area may be left without mulch. Designated
insect habitat must be included in the landscape design plan as such.
(E) Stabilizing mulching products shall be used on slopes that meet
current engineering standards.
(F) The mulching portion of the seed/mulch slurry in hydro—seeded
applications shall meet the mulching requirement.
(G) Organic mulch materials made from recycled or post—consumer
shall take precedence over inorganic materials or virgin forest products
unless the recycled post—consumer organic products are not locallyavail-
able. Organic mulches are not required where prohibited by local Fuel
Modification Plan Guidelines or other applicable local ordinances.
(b) The landscape design plan, at a minimum, shall:
Page 38.4
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Title 23 Department of Water Resources
§ P 340
(1) delineate and label each hydrozone by number, letter, or other
method;
(2) identify each hydrozone as low, moderate, high water, or mixed
water use. Temporarily irrigated areas of the landscape shall be included
in the low water use hydrozone for the water budget calculation;
(3) identify recreational areas;
(4) identify areas permanently and solely dedicated to edible plants;
(5) identify areas irrigated with recycled water;
(6) identify type of mulch and application depth;
(7) identify soil amendments, type, and quantity;
(8) identify type and surface area of water features;
(9) identify hardscapes (pervious and non -pervious);
(10) identify location, installation details, and 24-hour retention or in-
filtration capacity of any applicable stormwater best management prac-
tices that encourage on-site retention and infiltration of stormwater.
Project applicants shall refer to the local agency or regional Water Quali-
ty Control Board for information on any applicable stormwater technical
requirements. Stormwater best management practices are encouraged in
the landscape design plan and examples are provided in Section 492.16.
(1 1) identify any applicable rain harvesting or catchment technologies
as discussed in Section 492.16 and their 24-hour retention or infiltration
capacity;
(12) identify any applicable graywater discharge piping, system com-
ponents and area(s) of distribution;
(13) contain the following statement: "1 have complied with the crite-
ria of the ordinance and applied them for the efficient use of water in the
landscape design plan"; and
(14) bear the signature ofa licensed landscape architect, licensed land-
scape contractor, or any other person authorized to design a landscape.
(See Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4,
5641.5, 5641.6, 6701, 7027.5 of the Business and Professions Code, Sec-
tion 832.27 of Title 16 of the California Code of Regulations, and Section
6721 of the Food and Agriculture Code.).
NOTE: Authority cited: Section 65595, Government Code; and sections 11 and 30,
Governor's Exec. Order No. B -29—I 5 (April I, 2015). Reference: Section 65596,
Government Code; Section 1351, Civil Code; and section I I, Governor's Exec.
Order No. B-29-15 (April I, 2015).
HISTORY
I. New section tiled 9-10-2009: operative 9-10-2009 pursuant to Government
Code section 11343.4 (Register 2009, No. 37).
2. Amendment of section and NOTE tiled 9-15-2015; operative 9-15-2015. Ex-
empt from OAL review and submitted to OAL for printing only pursuant to
Governor's Executive Order No. B-29-15 (4-1-2015) (Register 2015, No. 38).
§ 492.7. Irrigation Design Plan.
(a) This section applies to landscaped areas requiring permanent ir-
rigation, not areas that require temporary irrigation solely for the plant
establishment period. For the efficient use of water, an irrigation system
shall meet all the requirements listed in this section and the manufactur-
ers' recommendations. The irrigation system and its related components
shall be planned and designed to allow for proper installation, manage-
ment, and maintenance. An irrigation design plan meeting the following
design criteria shall be submitted as part of the Landscape Documenta-
tion Package.
(1) System
(A) Landscape water meters, defined as either a dedicated water ser-
vice meter or private submeter, shall be installed for all non-residential
irrigated landscapes of 1,000 sq. ft. but not more than 5,000 sq. ft. (the lev-
el at which Water Code 535 applies) and residential irrigated landscapes
of 5,000 sq. ft. or greater. A landscape water meter may be either:
1. a customer service meter dedicated to landscape use provided by the
local water purveyor; or
2. a privately owned meter or submeter.
(B) Automatic irrigation controllers utilizing either evapotranspira-
tion or soil moisture sensor data utilizing non-volatile memory shall be
required for irrigation scheduling in all irrigation systems.
(C) If the water pressure is below or exceeds the recommended pres-
sure of the specified irrigation devices, the installation ofa pressure regu-
lating device is required to ensure that the dynamic pressure at each emis-
sion device is within the manufacturer's recommended pressure range
for optimal performance.
1. If the static pressure is above or below the required dynamic pres-
sure of the irrigation system, pressure -regulating devices such as inline
pressure regulators, booster pumps, or other devices shall be installed to
meet the required dynamic pressure of the irrigation system.
2. Static water pressure, dynamic or operating pressure, and flow read-
ing of the water supply shall be measured at the point of connection.
These pressure and flow measurements shall be conducted at the design
stage. If the measurements are not available at the design stage, the mea-
surements shall be conducted at installation.
(D) Sensors (rain, freeze, wind, etc.), either integral or auxiliary, that
suspend or alter irrigation operation during unfavorable weather condi-
tions shall be required on all irrigation systems, as appropriate for local
climatic conditions. Irrigation should be avoided during windy or freez-
ing weather or during rain.
(E) Manual shut-off valves (such as a gate valve, ball valve, or butter-
fly valve) shall be required, as close as possible to the point of connection
of the water supply, to minimize water loss in case of an emergency (such
as a main line break) or routine repair.
(F) Backflow prevention devices shall be required to protect the water
supply from contamination by the irrigation system. A project applicant
shall refer to the applicable local agency code (i.e., public health) for
additional backflow prevention requirements.
(G) Flow sensors that detect high flow conditions created by system
damage or malfunction are required for all on non-residential landscapes
and residential landscapes of 5000 sq. ft. or larger.
(H) Master shut-off valves are required on all projects except land-
scapes that make use of technologies that allow for the individual control
of sprinklers that are individually pressurized in a system equipped with
low pressure shut down features.
(1) The irrigation system shall be designed to prevent runoff, low head
drainage, overspray, or other similar conditions where irrigation water
flows onto non -targeted areas, such as adjacent property, non -irrigated
areas, hardscapes, roadways, or structures.
(J) Relevant information from the soil management plan, such as soil
type and infiltration rate, shall be utilized when designing irrigation sys-
tems.
(K) The design of the irrigation system shall conform to the hydro -
zones of the landscape design plan.
(L) The irrigation system must be designed and installed to meet, at a
minimum, the irrigation efficiency criteria as described in Section 492.4
regarding the Maximum Applied Water Allowance.
(M) All irrigation emission devices must meet the requirements set in
the American National Standards Institute (ANSI) standard, American
Society of Agricultural and Biological Engineers'/international Code
Council's (ASABE/ICC) 802-2014 "Landscape Irrigation Sprinkler and
Emitter Standard, All sprinkler heads installed in the landscape must doc-
ument a distribution uniformity low quarter of 0.65 or higher using the
protocol defined in ASABE/ICC 802-2014.
(N) It is highly recommended that the project applicant or local agency
inquire with the local water purveyor about peak water operating de-
mands (on the water supply system) or water restrictions that may impact
the effectiveness of the irrigation system.
(0) In mulched planting areas, the use of low volume irrigation is re-
quired to maximize water infiltration into the root zone.
(P) Sprinkler heads and other emission devices shall have matched
precipitation rates, unless otherwise directed by the manufacturer's rec-
ommendations.
(Q) Head to head coverage is recommended. However, sprinkler spac-
ing shall be designed to achieve the highest possible distribution unifor-
mity using the manufacturer's recommendations.
(R) Swing joints or other riser -protection components are required on
all risers subject to damage that are adjacent to hardscapes or in high traf-
fic areas ofturfgrass.
Page 38.5
Register 2015. No. 38: 0-18-2015
§ 492.8 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title *341
(S) Check valves or anti—drain valves are required on all sprinkler
heads where low point drainage could occur.
(T) Areas less than ten (10) feet in width in any direction shall be irri-
gated with subsurface irrigation or other means that produces no runoff
or overspray.
(U) Overhead irrigation shall not be permitted within 24 inches of any
non—permeable surface. Allowable irrigation within the setback from
non—permeable surfaces may include drip, drip line, or other low flow
non—spray technology. The setback area may be planted or unplanted.
The surfacing of the setback may be mulch, gravel, or other porous mate-
rial. These restrictions may be modified if:
1. the landscape area is adjacent to permeable surfacing and no runoff
occurs; or
2. the adjacent non—permeable surfaces are designed and constructed
to drain entirely to landscaping; or
3. the irrigation designer specifies an alternative design or technology,
as part of' the Landscape Documentation Package and clearly demon-
strates strict adherence to irrigation system design criteria in Section
492.7 (a)(1)(1). Prevention of overspray and runoff must be confirmed
during the irrigation audit.
(V) Slopes greater than 25% shall not be irrigated with an irrigation
system with a application rate exceeding 0.75 inches per hour. This re-
striction may be modified if the landscape designer specifies an alterna-
tive design or technology, as part of the Landscape Documentation Pack-
age, and clearly demonstrates no runoff or erosion will occur. Prevention
of runoff and erosion must be confirmed during the irrigation audit.
(2) Hydrozone
(A) Each valve shall irrigate a hydrozone with similar site, slope, sun
exposure, soil conditions, and plant materials with similar water use.
(B) Sprinkler heads and other emission devices shall be selected based
on what is appropriate for the plant type within that hydrozone.
(C) Where feasible, trees shall be placed on separate valves from
shrubs, groundcovers, and turf to facilitate the appropriate irrigation of
trees. The mature size and extent of the root zone shall be considered
when designing irrigation for the tree.
(D) Individual hydrozones that mix plants of moderate and low water
use, or moderate and high water use, may be allowed if:
1. plant factor calculation is based on the proportions of the respective
plant water uses and their plant factor; or
2. the plant factor of the higher water using plant is used for calcula-
tions.
(E) individual hydrozones that mix high and low water use plants shall
not be permitted.
(F) On the landscape design plan and irrigation design plan, hydrozone
areas shall be designated by number, letter, or other designation. On the
irrigation design plan, designate the areas irrigated by each valve, and as-
sign a number to each valve. Use this valve number in the Hydrozone In-
formation Table (see Appendix B Section A). This table can also assist
with the irrigation audit and programming the controller.
(b) The irrigation design plan, at a minimum, shall contain:
(1) location and size of separate water meters for landscape;
(2) location, type and size of all components of the irrigation system,
including controllers, main and lateral lines, valves, sprinkler heads,
moisture sensing devices, rain switches, quick couplers, pressure regula-
tors, and backflow prevention devices;
(3) static water pressure at the point of connection to the public water
supply;
(4) flow rate (gallons per minute), application rate (inches per hour),
and design operating pressure (pressure per square inch) for each station;
(5) recycled water irrigation systems as specified in Section 492.14;
(6) the following statement: "I have complied with the criteria of the
ordinance and applied them accordingly for the efficient use of water in
the irrigation design plan"; and
(7) the signature of a licensed landscape architect, certified irrigation
designer, licensed landscape contractor. or any other person authorized
to design an irrigation system. (See Sections 5500.1, 5615, 5641, 5641.1,
5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the Business
and Professions Code, Section 832.27 of Title 16 of the California Code
of Regulations, and Section 6721 of the Food and Agricultural Code.)
NOTE: Authority cited: Section 65595, Govcrnmcnt Code; and sections 11 and 30,
Governor's Exec. Order No. B -29—I5 (April 1, 2015). Reference: Section 65596,
Government Code; and section 11, Govcmor's Exec. Order No. B-29-15 (April
1, 2015).
HISTORY
1. New section tiled 9-10-2009; operative 9-10-2009 pursuant to Government
Code section 11343.4 (Register 2009, No. 37).
2. Amendment of section and NOTE filed 9-15-2015: operative 9-15-2015. Ex-
empt from OAL review and submitted to OAL for printing only pursuant to
Governor's Executive Order No. 13-29-15 (4-1-2015) (Register2015. No. 38).
§ 492.8. Grading Design Plan.
(a) For the efficient use of water, grading of a project site shall be de-
signed to minimize soil erosion, runoff, and water waste. A grading plan
shall be submitted as part of the Landscape Documentation Package. A
comprehensive grading plan prepared by a civil engineer for other local
agency permits satisfies this requirement.
(1) The project applicant shall submit a landscape grading plan that in-
dicates finished configurations and elevations of the landscape area in-
cluding:
(A) height of graded slopes;
(B) drainage patterns;
(C) pad elevations;
(D) finish grade; and
(E) stormwater retention improvements, if applicable.
(2) To prevent excessive erosion and runoff. it is highly recommended
that project applicants:
(A) grade so that all irrigation and normal rainfall remains within prop-
erty lines and does not drain on to non—permeable hardscapes;
(B) avoid disruption of natural drainage patterns and undisturbed soil;
and
(C) avoid soil compaction in landscape areas.
(3) The grading design plan shall contain the following statement: "I
have complied with the criteria of the ordinance and applied them accord-
ingly for the efficient use of -water in the grading design plan" and shall
bear the signature of a licensed professional as authorized by law.
NOTE: Authority cited: Section 65595. Government Code. Reference: Section
65596, Government Code.
HISTORY
I. New section filed 9-10-2009; operative 9-10-2009 pursuant to Government
Code section 11343.4 (Register 2009, No. 37).
§ 492.9. Certificate of Completion.
(a) The Certificate of Completion (see Appendix C fora sample certif-
icate) shall include the following six (6) elements:
(1) project information sheet that contains:
(A) date;
(B) project name;
(C) project applicant name. telephone, and mailing address;
(D) project address and location; and
(E) property owner name, telephone, and mailing address;
(2) certification by either the signer of the landscape design plan, the
signer of the irrigation design plan, or the licensed landscape contractor
that the landscape project has been installed per the approved Landscape
Documentation Package;
(A) where there have been significant changes made in the field during
construction, these "as—built" or record drawings shall be included with
the certification;
(B) A diagram of the irrigation plan showing hydrozones shall be kept
with the irrigation controller for subsequent management purposes.
(3) irrigation scheduling parameters used to set the controller (see Sec-
tion 492.10);
(4) landscape and irrigation maintenance schedule (sec Section
492.11);
(5) irrigation audit report (see Section 492.12); and
Page 38.6
Register 2015, No. 38:9-18-2015
Tide 23 Department of Water Resources
§ 4P342
(6) soil analysis report, if not submitted with Landscape Documenta-
tion Package, and documentation verifying implementation of soil report
recommendations (see Section 492.5).
(b) The project applicant shall:
(I) submit the signed Certificate of Completion to the local agency for
review;
(2) ensure that copies of the approved Certificate of Completion are
submitted to the local water purveyor and property owner or his or her
designee.
(c) The local agency shall:
(I) receive the signed Certificate of Completion from the project appli-
cant;
(2) approve or deny the Certificate of Completion. If the Certificate of
Completion is denied, the local agency shall provide information to the
project applicant regarding reapplication, appeal, or other assistance.
NOTE: Authority cited: Section 65595, Government Code; and sections 1 I and 30,
Governor's Exec. Order No. B -29—I5 (April 1. 2015). Reference: Section 65596,
Government Code; and section 11, Governor's Excc. Order No. B -29—I5 (April
1.2015).
HISTORY
1. New section tiled 9-10-2009; operative 9-10-2009 pursuant to Government
Code section 11343.4 (Register 2009, No. 37).
2. New subsection (a)(2)(13) and amendment of NOTE filed 9-15-2015; operative
9-15-2015. Exempt from OAL review and submitted to OA L for printing only
pursuant to Governor's Executive Order No. B-29-15 (4-1-2015) (Register
2015, No. 38).
§ 492.10. Irrigation Scheduling.
(a) For the efficient use of water, all irrigation schedules shall be devel-
oped, managed, and evaluated to utilize the minimum amount of water
required to maintain plant health. Irrigation schedules shall meet the fol-
lowing criteria:
(1) Irrigation scheduling shall be regulated by automatic irrigation
controllers.
(2) Overhead irrigation shall be scheduled between 8:00 p.m. and
10:00 a.m. unless weather conditions prevent it. If allowable hours of ir-
rigation differ from the local water purveyor, the stricter of the two shall
apply. Operation of the irrigation system outside the normal watering
window is allowed for auditing and system maintenance.
(3) For implementation of the irrigation schedule, particular attention
must be paid to irrigation run times, emission device, flow rate, and cur-
rent reference evapotranspiration, so that applied water meets the Esti-
mated Total Water Use. Total annual applied water shall be less than or
equal to Maximum Applied Water Allowance (MAWA). Actual irriga-
tion schedules shall be regulated by automatic irrigation controllers using
current reference evapotranspiration data (e.g., CIMIS) or soil moisture
sensor data.
(4) Parameters used to set the automatic controller shall be developed
and submitted for each of the following:
(A) the plant establishment period;
(B) the established landscape; and
(C) temporarily irrigated areas.
(5) Each irrigation schedule shall consider for each station all of the
following that apply:
(A) irrigation interval (days between irrigation);
(B) irrigation run times (hours or minutes per irrigation event to avoid
runoff);
(C) number of cycle starts required for each irrigation event to avoid
runoff;
(D) amount of applied water scheduled to be applied on a monthly ba-
sis;
(E) application rate setting;
(F) root depth setting;
(G) plant type setting;
(H) soil type;
(1) slope factor setting;
(J) shade factor setting; and
(K) irrigation uniformity or efficiency setting.
NOTE. Authority cited: Section 65595. Government Code. Reference: Section
65596, Government Codc.
f1 [STORY
1. New section filed 9-10-2009; operative 9-10-2009 pursuant to Government
Code section 11343.4 (Register 2009. No. 37).
§ 492.11. Landscape and Irrigation Maintenance Schedule.
(a) Landscapes shall be maintained to ensure water use efficiency. A
regular maintenance schedule shall be submitted with the Certificate of
Completion.
(b) A regular maintenance schedule shall include, but not be limited
to, routine inspection; auditing, adjustment and repair of the irrigation
system and its components; aerating and dethatching turf areas; topdress-
ing with compost, replenishing mulch; fertilizing; pruning; weeding in
all landscape areas, and removing obstructions to emission devices. Op-
eration of the irrigation system outside the normal watering window is
allowed for auditing and system maintenance.
(c) Repair of all irrigation equipment shall be done with the originally
installed components or their equivalents or with components with great-
er efficiency.
(d) A project applicant is encouraged to implement established land-
scape industry sustainable Best Practices for all landscape maintenance
activities.
NOTE: Authority cited: Section 65595, Government Codc; and sections 11 and 30,
Governor's Exec. Order No. B -29—I 5 (April I, 2015). Reference: Section 65596,
Government Code; and section 11, Governor's Excc. Order No. 13-29-15 (April
1, 2015).
HISTORY
1. New section filed 9-10-2009; operative 9-10-2009 pursuant to Government
Code section 11343.4 (Register 2009, No. 37).
2. Amendment of section and NOTE filed 9-15-2015; operative 9-15-2015. Ex-
empt from OAL review and submitted to OAL for printing only pursuant to
Governor's Executive Order No. B-29-15 (4—I-2015) (Register 2015. No. 38).
§ 492.12. Irrigation Audit, Irrigation Survey, and Irrigation
Water Use Analysis.
(a) All landscape irrigation audits shall be conducted by a local agency
landscape irrigation auditor or a third party certified landscape irrigation
auditor. Landscape audits shall not be conducted by the person who de-
signed the landscape or installed the landscape.
(b) in large projects or projects with multiple landscape installations
(i.e. production home developments) an auditing rate of I in 7 lots or
approximately 15% will satisfy this requirement.
(c) For new construction and rehabilitated landscape projects installed
after December I, 2015, as described in Section 490.1:
(1) the project applicant shall submit an irrigation audit report with the
Certificate of Completion to the local agency that may include, but is not
limited to: inspection, system tune-up, system test with distribution uni-
formity, reporting overspray or run off that causes overland flow, and
preparation of an irrigation schedule, including configuring irrigation
controllers with application rate, soil types, plant factors, slope, exposure
and any other factors necessary for accurate programming;
(2) the local agency shall administer programs that may include, but
not be limited to, irrigation water use analysis, irrigation audits, and ir-
rigation surveys for compliance with the Maximum Applied Water Al-
lowance.
NOTE: Authority cited: Section 65595. Government Code: and sections 11 and 30,
Governor's Exec. Order No. 13-29-15 (April 1, 2015). Reference: Section 65596,
Government Code: and section 11, Governor's Exec. Order No. B -29—I5 (April
1, 2015).
HISTORY
1. New section filed 9-10-2009; operative 9-10-2009 pursuant to Government
Code section 11343.4 (Register 2009, No. 37).
2. Amendment of section and Non. filed 9-15-2015; operative 9-15-2015. Ex-
empt from OAL review and submitted to OAL for printing only pursuant to
Governor's Executive Order No. B-29-15 (4-1-2015) (Register 2015. No.38).
§ 492.13. Irrigation Efficiency.
(a) For the purpose of determining Estimated Total Water Use, aver-
age irrigation efficiency is assumed to be 0.75 for overhead spray devices
and 0.81 for drip system devices.
NOTE: Authority cited: Section 65595, Government Code; and sections 11 and 30,
Governor's Excc. Order No. B-29-15 (April 1, 2015). Reference: Section 65596,
Page 38.7
Register 2015, No. 38:9-1 8-2015
§ 492.14 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 1+343
Government Codc; and section 11, Governor's Exec. Order No. B -29—I5 (April
I, 2015).
HISTORY
1. New section filed 9-10-2009; operative 9-10-2009 pursuant to Government
Code section 11343.4 (Register 2009, No. 37).
2. Amendment of section and NorE filed 9-15-2015; operative 9-15-2015. Ex-
empt from OAL review and submitted to OAL for printing only pursuant to
Governor's Executive Order No. B -29—I5 (4-1-2015) ( Register 2015, No. 38).
§ 492.14. Recycled Water.
(a) The installation of recycled water irrigation systems shall allow for
the current and future use of recycled water.
(b) All recycled water irrigation systems shall be designed and oper-
ated in accordance with all applicable local and State laws.
(c) Landscapes using recycled water are considered Special Land-
scape Areas. The ET Adjustment Factor for new and existing (non -reha-
bilitated) Special Landscape Areas shall not exceed 1.0.
NOTE: Authority cited: Section 65595, Government Code; and sections 11 and 30,
Governor's Exec. Order No. B -29—I5 (April 1, 2015). Reference: Section 65596,
Government Codc; and section 1 1, Governor's Exec. Order No. 13-29-15 (April
1, 2015).
HISTORY
1. New section filed 9-10-2009; operative 9-10-2009 pursuant to Government
Codc section 11343.4 (Register 2009, No. 37).
2. Amendment of section and Nom filed 9-15-2015; operative 9-15-2015. Ex-
empt from OAL review and submitted to OAL for printing only pursuant to
Governor's Executive Order No. B-29-15 (4-1-2015) (Register 2015, No. 38).
§ 492.15. Graywater Systems.
(a) Graywater systems promote the efficient use of water and are en-
couraged to assist in on-site landscape irrigation. All graywater systems
shall conform to the California Plumbing Code (Title 24, Part 5, Chapter
16) and any applicable local ordinance standards. Refer to § 490.1 (d) for
the applicability of this ordinance to landscape areas less than 2,500
square feet with the Estimated Total Water Use met entirely by graywa-
ter.
NOTE: Authority cited: Section 65595, Government Code; and sections 11 and 30.
Governor's Exec. Order No. B -29—I5 (April I, 2015). Reference: Section 65596,
Government Code; and section 11, Governor's Exec. Order No. B-29-15 (April
1, 2015).
HISTORY
1. New section filed 9-10-2009; operative 9-10-2009 pursuant to Government
Code section 11343.4 (Register 2009, No. 37).
2. Renumbering of former section 492.15 to 492.16, new section 492.15 and
amendment of NoTr tiled 9-15-2015; operative 9-15-2015. Exempt from
OAL review and submitted to OAL for printing only pursuant to Governor's
Executive Order No. B-29-15 (4-1-2015) (Register 2015, No. 38).
§ 492.16. Stormwater Management and Rainwater
Retention.
(a) Stormwater management practices minimize runoff and increase
infiltration which recharges groundwater and improves water quality.
Implementing stormwater best management practices into the landscape
and grading design plans to minimize runoff and to increase on-site rain-
water retention and infiltration are encouraged.
(b) Project applicants shall refer to the local agency or Regional Water
Quality Control Board for information on any applicable stormwater
technical requirements.
(c) All planted landscape areas are required to have friable soil to max-
imize water retention and infiltration. Refer to § 492.6(a)(3).
(d) It is strongly recommended that landscape areas be designed for
capture and infiltration capacity that is sufficient to prevent runoff from
impervious surfaces (i.e. roof and paved areas) from either: the one inch,
24-hour rain event or (2) the 85th percentile, 24-hour rain event, and/or
additional capacity as required by any applicable local, regional, state or
federal regulation.
(c) It is recommended that storm water projects incorporate any of the
following elements to improve on-site storm water and dry weather run-
off capture and use:
• Grade impervious surfaces, such as driveways, during construc-
tion to drain to vegetated areas.
• Minimize the area of impervious surfaces such as paved areas, roof
and concrete driveways.
• Incorporate pervious or porous surfaces (e.g., gravel, permeable
pavers or blocks, pervious or porous concrete) that minimize run-
off.
• Direct runoff from paved surfaces and roof areas into planting beds
or landscaped areas to maximize site water capture and reuse.
• Incorporate rain gardens, cisterns, and other rain harvesting or
catchment systems.
• Incorporate infiltration beds, swales, basins and drywells to cap-
ture storm water and dry weather nmoff and increase percolation
into the soil.
• Consider constructed wetlands and ponds that retain water, equal-
ize excess flow, and filter pollutants.
NOTE: Authority cited: Section 65595, Government Code; and sections 11 and 30,
Governor's Exec. Order No. 13-29-15 (April 1, 2015). Reference: Section 65596,
Government Code; and section 1 I, Governor's Exec. Order No. B -29—I5 (April
I, 2015).
HISTORY
1. New section filed 9-10-2009; operative 9-10-2009 pursuant to Government
Codc section 11343.4 (Register 2009, No. 37).
2. Renumbering of Conner section 492.16 to section 492.17 and renumbering of
former section 492.15 to new section 492.16, including amendment of section
heading, section and NorE, filed 9-15-2015; operative 9-15-2015. Exempt
from OAL review and submitted to OAL for printing only pursuant to Gover-
nor's Executive Order No. B-29-15 (4-1-2015) (Register 2015, No. 38).
§ 492.17. Public Education.
(a) Publications. Education is a critical component to promote the effi-
cient use of water in landscapes. The use of appropriate principles of de-
sign, installation, management and maintenance that save water is en-
couraged in the community.
(1) A local agency or water supplier/purveyor shall provide informa-
tion to owners of permitted renovations and new, single-family residen-
tial homes regarding the design, installation, management, and mainte-
nance of water efficient landscapes based on a water budget.
(b) Model Homes. All model homes that are landscaped shall use signs
and written information to demonstrate the principles of water efficient
landscapes described in this ordinance.
( I ) Signs shall be used to identify the model as an example of a water
efficient landscape featuring elements such as hydrozones, irrigation
equipment, and others that contribute to the overall water efficient theme.
Signage shall include information about the site water use as designed per
the local ordinance; specify who designed and installed the water effi-
cient landscape; and demonstrate low water use approaches to landscap-
ing such as using native plants, graywater systems, and rainwater catch-
ment systems.
(2) Information shall be provided about designing, installing, manag-
ing, and maintaining water efficient landscapes.
NOTE: Authority cited: Section 65595. Government Code; and sections 11 and 30,
Governor's Exec. Order No. B -29—I5 (April 1, 2015). Reference: Section 65596,
Government Code; and section 11, Governor's Exec. Order No. B -29—I5 (April
1, 2015).
HISTORY
1. New section filed 9-10-2009; operative 9-10-2009 pursuant to Government
Code section 11343.4 (Register 2009. No. 37).
2. Renumbering of former section 492.17 to new section 492.18 and renumbering
of former section 492.16 to new section 492.17, including amendment of sec-
tion and NOTE, filed 9-15-2015; operative 9-15-2015. Exempt from OAL re-
view and submitted to OAL for printing only pursuant to Governor's Executive
Order No. B -29—I5 (4-1-2015) (Register 2015, No. 38).
§ 492.18. Environmental Review.
(a) The local agency must comply with the California Environmental
Quality Act (CEQA), as appropriate.
NOTE: Authority cited: Section 21082, Public Resources Code; and sections 11
and 30, Governor's Exec. Order No. 0-29-15 (April 1.2015 ). Reference: Sections
21080 and 21082, Public Resources Code; and section 11, Governor's Exec. Order
No. B -29—I5 (April 1, 2015).
HISTORY
1. Renumbering of former section 492.17 to new section 492.18. including amend-
ment of NOTE, filed 9-15-2015; operative 9-15-2015. Exempt from OAL re-
view and submitted to OAL for printing only pursuant to Governor's Executive
Order No. 13-29-15 (4-1-2015) (Register 2015, No. 38).
Page 38.8
Regi.ter 2015, No. 3S: 9- 1S-2015
Title 23 Department of Water Resources
P344
§ 493. Provisions for Existing Landscapes.
(a) A local agency may by mutual agreement, designate another
agency, such as a water purveyor. to implement some or all of the require-
ments contained in this ordinance. Local agencies may collaborate with
water purveyors to define each entity's specific responsibilities relating
to this ordinance.
NOTE: Authority cited: Section 65595, Government Codc; and sections I 1 and 30.
Governor's Exec. Order No. B-29-15 (April 1, 2015). Reference: Section 65596,
Government Code; and section 11, Governor's Exec. Order No. B-29-15 (April
1, 2015).
HISTORY
1. New section filed 7-31-92; operative 7-31-92 (Register 92. No. 32).
2. Repealer and new section and amendment of Nom fled 9-10-2009; operative
9-10-2009 pursuant to Government Codc section 11343.4 (Register 2009, No.
37).
3. Amendment of'section and Non: tiled 9-15-2015; operative 9-15-2015. Ex-
empt from OAL review and submitted to OAL for printing only pursuant to
Governor's Executive Order No. B -29—I5 (4-1-2015) (Register 2015. No. 38).
§ 493.1. Irrigation Audit, Irrigation Survey, and Irrigation
Water Use Analysis.
(a) This section, 493.1, shall apply to all existing landscapes that were
installed before December 1, 2015 and are over one acre in size.
(1) For all landscapes in 493.1 (a) that have a water meter, the local
agency shall administer programs that may include, but not be limited to,
irrigation water use analyses, irrigation surveys, and irrigation audits to
evaluate water use and provide recommendations as necessary to reduce
landscape water use to a level that does not exceed the Maximum Applied
Water Allowance for existing landscapes. The Maximum Applied Water
Allowance for existing landscapes shall be calculated as: MAWA = (0.8)
(ETo) (LA) (0.62).
(2) For all landscapes in 493.1(a), that do not have a meter, the local
agency shall administer programs that may include, but not be limited to,
irrigation surveys and irrigation audits to evaluate water use and provide
recommendations as necessary in order to prevent water waste.
(b) All landscape irrigation audits shall be conducted by a certified
landscape irrigation auditor.
NOTE: Authority cited: Section 65595, Government Code; and sections 11 and 30.
Governor's Exec. Order No. B-29-15 (April 1, 2015). Reference: Section 65596,
Government Code; and section 11, Governor's Exec. Order No. B -29—I5 (April
1, 2015).
HISTORY
1. New section filed 9-10-2009; operative 9-10-2009 pursuant to Government
Code section 11343.4 (Register 2009, No. 37).
2. Amendment of subsection (a) and NOTE filed 9-15-2015; operative
9-15-2015. Exempt from OAL review and submitted to OAL for printing only
pursuant to Governor's Executive Order No. 0-29-15 (4-1-2015) (Register
2015, No. 38).
§ 493.2. Water Waste Prevention.
(a) Local agencies shall prevent water waste resulting from inefficient
landscape irrigation by prohibiting runoff from leaving the target land-
scape due to low head drainage, overspray, or other similar conditions
where water Flows onto adjacent property. non—irrigated areas, walks,
roadways, parking lots, or structures. Penalties for violation of these pro-
hibitions shall be established locally.
(b) Restrictions regarding overspray and runoff may be modified if:
(I) the landscape area is adjacent to permeable surfacing and no runoff
occurs; or
(2) the adjacent non—permeable surfaces are designed and constructed
to drain entirely to landscaping.
NOTE: Authority cited: Section 65594, Government Code. Reference: Section
65596, Goverment Code.
HISTORY
1. New section filed 9-10-2009; operative 9-10-2009 pursuant to Government
Code section 11343.4 (Register 2009, No. 37).
§ 494. Effective Precipitation.
(a) A local agency may consider Effective Precipitation (25°i ofannu-
al precipitation) in tracking water use and may use the following equation
to calculate Maximum Applied Water Allowance:
MAWA= (ETo — Eppt) (0.62) [(0.55 x LA) + (0.45 x SLA)] for resi-
dential areas.
MAWA= (ETo—EPPT) (0.62) [(0.45 x LA) + (0.55 x SLA)] for non—
residential areas.
NOTE: Authority cited: Section 65595, Government Code; and sections 11 and 30,
Governor's Exec. Order No. 0-29-15 (April 1, 2015). Reference: Section 65596.
Government Code; and section 11, Governor's Exec. Order No. B -29—I 5 (April
1.2015).
HISTORY
1. Repealer and new section; new Non and new Appendices A—C filed
9-10-2009; operative 9-10-2009 pursuant to Government Code section
11343.4 (Register 2009, No. 37).
2. Amendment of section and Non filed 9-15-2015: operative 9-15-2015. Ex-
empt from OAL review and submitted to OAL for printing only pursuant to
Governor's Executive Order No. B-29-15 (4-1-2015) (Register 2015, No.38).
§ 495. Reporting.
(a) Local agencies shall report on implementation and enforcement by
December 31, 2015. Local agencies responsible for administering indi-
vidual ordinances shall report on their updated ordinance, while those
agencies developing a regional ordinance shall report on their existing
ordinance. Those agencies crafting a regional ordinances shall also re-
port on their new ordinance by March 1, 2016. Subsequently, reporting
for all agencies will be due by January 31st of each year. Reports shall
be submitted to the Department of Water Resources.
(b) Local agencies are to address the following:
(1) State whether you are adopting a single agency ordinance or a re-
gional agency alliance ordinance, and the date of adoption or anticipated
date of adoption.
(2) Define the reporting period. The reporting period shall commence
on December 1, 2015 and the end on December 28, 2015. For local agen-
cies crafting regional ordinances with other agencies, there shall be an
additional reporting period commencing on February 1, 2016 and ending
on February 28, 2016. In subsequent years, all local agency reporting will
be for the calendar year.
(3) State if using a locally modified Water Efficient Landscape Ordi-
nance (WELO) or the MWELO. if using a locally modified WELO, how
is it different than MWELO, is it at least as efficient as MWELO, and are
there any exemptions specified?
(4) State the entity responsible for implementing the ordinance.
(5) State number and types of projects subject to the ordinance during
the specified reporting period.
(6) State the total area (in square feet or acres) subject to the ordinance
over the reporting period, if available.
(7) Provide the number of new housing starts, new commercial proj-
ects, and landscape retrofits during the reporting period.
(8) Describe the procedure for review of projects subject to the ordi-
nance.
(9) Describe actions taken to verify compliance. Is a plan check per-
formed; ifso, by what entity? Is a site inspection performed; ifso, by what
entity? Is a post—installation audit required; ifso, by whom'?
(10) Describe enforcement measures.
(1 1) Explain challenges to implementing and enforcing the ordinance.
(12) Describe educational and other needs to properly apply the ordi-
nance.
NOTE. Authority cited: Section 65595, Government Code; and sections 11 and 30,
Governor's Exec. Order No. B -29—I 5 (April I, 2015). Reference: Section 65596,
Govemmcnt Codc; and section 11 Governor's Exec. Order No. B-29-15 (April
1, 2015).
HISTORY
1. New section filed 9-15-2015; operative 9-15-2015. Exempt from OAL review
and submitted to OAL for printing only pursuant to Governor's Executive Order
No. B -29—I5 (4-1-2015) (Register 2015, No. 38). For prior history, see Regis-
ter 2009, No. 37.
Page 38.9
Register 2015. No. 38: 9-18-2015
X495
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title P345
Appendix A. Reference Evapotranspiration (ETo) Table
Appendix A - Reference Evapotranspiration (ETo)
Table*
County and City
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
Annual
ETo
ALAMEDA
Fremont
1.5
1.9
3.4
4.7
5.4
6.3
6.7
6.0
4.5
3.4
1.8
1.5
47.0
Livermore
1.2
1.5
2.9
4.4
5.9
6.6
7.4
6.4
5.3
3.2
1.5
0.9
47.2
Oakland
1.5
1.5
2.8
3.9
5.1
5.3
6.0
5.5
4.8
3.1
1.4
0.9
41.8
Oakland Foothills
1.1
1.4
2.7
3.7
5.1
6.4
5.8
4.9
3.6
2.6
1.4
1.0
39.6
Pleasanton
0.8
1.5
2.9
4.4
5.6
6.7
7.4
6.4
4.7
3.3
1.5
1.0
46.2
Union City
1.4
1.8
3.1
4.2
5.4
5.9
6.4
5.7
4.4
3.1
1.5
1.2
44.2
ALPINE
Markleeville
0.7
0.9
2.0
3.5
5.0
6.1
7.3
6.4
4.4
2.6
1.2
0.5
40.6
AMADOR
Jackson
1.2
1.5
2.8
4.4
6.0
7.2
7.9
7.2
5.3
3.2
1.4
0.9
48.9
Shanandoah Valley
1.0
1.7
2.9
4.4
5.6
6.8
7.9
7.1
5.2
3.6
1.7
1.0
48.8
BUTTE
Chico
1.2
1.8
2.9
4.7
6.1
7.4
8.5
7.3
5.4
3.7
1.7
1.0
51.7
Durham
1.1
1.8
3.2
5.0
6.5
7.4
7.8
6.9
5.3
3.6
1.7
1.0
51.1
Gridley
1.2
1.8
3.0
4.7
6.1
7.7
8.5
7.1
5.4
3.7
1.7
1.0
51.9
Oroville
1.2
1.7
2.8
4.7
6.1
7.6
8.5
7.3
5.3
3.7
1.7
1.0
51.5
CALAVERAS
San Andreas
1.2
1.5
2.8
4.4
6.0
7.3
7.9
7.0
5.3
3.2
1.4
0.7
48.8
COLUSA
Colusa
1.0
1.7
3.4
5.0
6.4
7.6
8.3
7.2
5.4
3.8
1.8
1.1
52.8
Williams
1.2
1.7
2.9
4.5
6.1
7.2
8.5
7.3
5.3
3.4
1.6
1.0
50.8
CONTRA COSTA
Brentwood
1.0
1.5
2.9
4.5
6.1
7.1
7.9
6.7
5.2
3.2
1.4
0.7
48.3
Concord
1.1
1.4
2.4
4.0
5.5
5.9
7.0
6.0
4.8
3.2
1.3
0.7
43.4
Courtland
0.9
1.5
2.9
4.4
6.1
6.9
7.9
6.7
5.3
3.2
1.4
0.7
48.0
Martinez
1.2
1.4
2.4
3.9
5.3
5.6
6.7
5.6
4.7
3.1
1.2
0.7
41.8
Moraga
1.2
1.5
3.4
4.2
5.5
6.1
6.7
5.9
4.6
3.2
1.6
1.0
44.9
Pittsburg
1.0
1.5
2.8
4.1
5.6
6.4
7.4
6.4
5.0
3.2
1.3
0.7
45.4
Walnut Creek
0.8
1.5
2.9
4.4
5.6
6.7
7.4
6.4
4.7
3.3
1.5
1.0
46.2
DEL NORTE
Crescent City
0.5
0.9
2.0
3.0
3.7
3.5
4.3
3.7
3.0
2.0
0.9
0.5
27.7
EL DORADO
Camino
0.9
1.7
2.5
3.9
5.9
7.2
7.8
6.8
5.1
3.1
1.5
0.9
47.3
FRESNO
Clovis
1.0
1.5
3.2
4.8
6.4
7.7
8.5
7.3
5.3
3.4
1.4
0.7
51.4
Coalinga
1.2
1.7
3.1
4.6
6.2
7.2
8.5
7.3
5.3
3.4
1.6
0.7
50.9
Firebaugh
1.0
1.8
3.7
5.7
7.3
8.1
8.2
7.2
5.5
3.9
2.0
1.1
55.4
FivePoints
1.3
2.0
4.0
6.1
7.7
8.5
8.7
8.0
6.2
4.5
2.4
1.2
60.4
Fresno
0.9
1.7
3.3
4.8
6.7
7.8
8.4
7.1
5.2
3.2
1.4
0.6
51.1
Fresno State
0.9
1.6
3.2
5.2
7.0
8.0
8.7
7.6
5.4
3.6
1.7
0.9
53.7
Friant
1.2
1.5
3.1
4.7
6.4
7.7
8.5
7.3
5.3
3.4
1.4
0.7
51.3
Kerman
0.9
1.5
3.2
4.8
6.6
7.7
8.4
7.2
5.3
3.4
1.4
0.7
51.2
Kingsburg
1.0
1.5
3.4
4.8
6.6
7.7
8.4
7.2
5.3
3.4
1.4
0.7
51.6
Mendota
1.5
2.5
4.6
6.2
7.9
8.6
8.8
7.5
5.9
4.5
2.4
1.5
61.7
Orange Cove
1.2
1.9
3.5
4.7
7.4
8.5
8.9
7.9
5.9
3.7
1.8
1.2
56.7
Panoche
1.1
2.0
4.0
5.6
7.8
8.5
8.3
7.3
5.6
3.9
1.8
1.2
57.2
Parlier
1.0
1.9
3.6
5.2
6.8
7.6
8.1
7.0
5.1
3.4
1.7
0.9
52.0
Page 38.10
Register 2015, No. 38; 9-18-2015
Title 23
Department of Water Resources
P346
Appendix A - Reference Evapotranspiration (ETo Table*
County and City
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
Annual
ETo
FRESNO
Reed ley
1.1
1.5
3.2
4.7
6.4
7.7
8.5
7.3
5.3
3.4
1.4
0.7
51.3
Westlands
0.9
1.7
3.8
6.3
8.0
8.6
8.6
7.8
5.9
4.3
2.1
1.1
58.8
GLENN
Orland
1.1
1.8
3.4
5.0
6.4
7.5
7.9
6.7
5.3
3.9
1.8
1.4
52.1
Willows
1.2
1.7
2.9
4.7
6.1
7.2
8.5
7.3
5.3
3.6
1.7
1.0
51.3
HUMBOLDT
Eureka
0.5
1.1
2.0
3.0
3.7
3.7
3.7
3.7
3.0
2.0
0.9
0.5
27.5
Ferndale
0.5
1.1
2.0
3.0
3.7
3.7
3.7
3.7
3.0
2.0
0.9
0.5
27.5
Garberville
0.6
1.2
2.2
3.1
4.5
5.0
5.5
4.9
3.8
2.4
1.0
0.7
34.9
lloopa
0.5
1.1
2.1
3.0
4.4
5.4
6.1
5.1
3.8
2.4
0.9
0.7
35.6
IMPERIAL
Brawley
2.8
3.8
5.9
8.0
10.4
11.5
11.7
10.0
8.4
6.2
3.5
2.1
84.2
Calipatria/Mulberry
2.4
3.2
5.1
6.8
8.6
9.2
9.2
8.6
7.0
5.2
3.1
2.3
70.7
El Centro
2.7
3.5
5.6
7.9
10.1
11.1
11.6
9.5
8.3
6.1
3.3
2.0
81.7
Holtville
2.8
3.8
5.9
7.9
10.4
11.6
12.0
10.0
8.6
6.2
3.5
2.1
84.7
Meloland
2.5
3.2
5.5
7.5
8.9
9.2
9.0
8.5
6.8
5.3
3.1
2.2
71.6
Palo Verde 1I
2.5
3.3
5.7
6.9
8.5
8.9
8.6
7.9
6.2
4.5
2.9
2.3
68.2
Seeley
2.7
3.5
5.9
7.7
9.7
10.1
9.3
8.3
6.9
5.5
3.4
2.2
75.4
Westmoreland
2.4
3.3
5.3
6.9
8.7
9.6
9.6
8.7
6.9
5.0
3.0
2.2
71.4
Yuma
2.5
3.4
5.3
6.9
8.7
9.6
9.6
8.7
6.9
5.0
3.0
2.2
71.6
INYO
Bishop
1.7
2.7
4.8
6.7
8.2
10.9
7.4
9.6
7.4
4.8
2.5
1.6
68.3
Death Valley Jct
2.2
3.3
5.4
7.7
9.8
11.1
11.4
10.1
8.3
5.4
2.9
1.7
79.1
Independence
1.7
2.7
3.4
6.6
8.5
9.5
9.8
8.5
7.1
3.9
2.0
1.5
65.2
Lower Haiwee Res.
1.8
2.7
4.4
7.1
8.5
9.5
9.8
8.5
7.1
4.2
2.6
1.5
67.6
Oasis
2.7
2.8
5.9
8.0
10.4
11.7
11.6
10.0
8.4
6.2
3.4
2.1
83.1
KERN
Arvin
1.2
1.8
3.5
4.7
6.6
7.4
8.1
7.3
5.3
3.4
1.7
1.0
51.9
Bakersfield
1.0
1.8
3.5
4.7
6.6
7.7
8.5
7.3
5.3
3.5
1.6
0.9
52.4
Bakersfield/Bonanza
1.2
2.2
3.7
5.7
7.4
8.2
8.7
7.8
5.7
4.0
2.1
1.2
57.9
Bakersfield/Greenlee
1.2
2.2
3.7
5.7
7.4
8.2
8.7
7.8
5.7
4.0
2.1
1.2
57.9
Belridge
1.4
2.2
4.1
5.5
7.7
8.5
8.6
7.8
6.0
3.8
2.0
1.5
59.2
Blackwells Corner
1.4
2.1
3.8
5.4
7.0
7.8
8.5
7.7
5.8
3.9
1.9
1.2
56.6
Buttonwillow
1.0
1.8
3.2
4.7
6.6
7.7
8.5
7.3
5.4
3.4
1.5
0.9
52.0
China Lake
2.1
3.2
5.3
7.7
9.2
10.0
11.0
9.8
7.3
4.9
2.7
1.7
74.8
Delano
0.9
1.8
3.4
4.7
6.6
7.7
8.5
7.3
5.4
3.4
1.4
0.7
52.0
Famoso
1.3
1.9
3.5
4.8
6.7
7.6
8.0
7.3
5.5
3.5
1.7
1.3
53.1
Grapevine
1.3
1.8
3.1
4.4
5.6
6.8
7.6
6.8
5.9
3.4
1.9
1.0
49.5
Inyokern
2.0
3.1
4.9
7.3
8.5
9.7
11.0
9.4
7.1
5.1
2.6
1.7
72.4
Isabella Dam
1.2
1.4
2.8
4.4
5.8
7.3
7.9
7.0
5.0
3.2
1.7
0.9
48.4
Lamont
1.3
2.4
4.4
4.6
6.5
7.0
8.8
7.6
5.7
3.7
1.6
0.8
54.4
Lost Hills
1.6
2.2
3.7
5.1
6.8
7.8
8.7
7.8
5.7
4.0
2.1
1.6
57.1
McFarland/Kern
1.2
2.1
3.7
5.6
7.3
8.0
8.3
7.4
5.6
4.1
2.0
1.2
56.5
S halter
1.0
1.7
3.4
5.0
6.6
7.7
8.3
7.3
5.4
3.4
1.5
0.9
52.1
Taft
1.3
1.8
3.1
4.3
6.2
7.3
8.5
7.3
5.4
3.4
1.7
1.0
51.2
Tehachapi
1.4
1.8
3.2
5.0
6.1
7.7
7.9
7.3
5.9
3.4
2.1
1.2
52.9
KINGS
Caruthers
1.6
2.5
4.0
5.7
7.8
8.7
9.3
8.4
6.3
4.4
2.4
1.6
62.7
Page 38.11
Register 2015. No. 38: 9-18-2015
§ 495
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title *0347
Appendix A - Reference Evapotranspiration (ETo) Table*
County and City
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
Annual
ETo
KINGS
Corcoran
1.6
2.2
3.7
5.1
6.8
7.8
8.7
7.8
5.7
4.0
2.1
1.6
57.1
Hanford
0.9
1.5
3.4
5.0
6.6
7.7
8.3
7.2
5.4
3.4
1.4
0.7
51.5
Kettleman
1.1
2.0
4.0
6.0
7.5
8.5
9.1
8.2
6.1
4.5
2.2
1.1
60.2
Lemoorc
0.9
1.5
3.4
5.0
6.6
7.7
8.3
7.3
5.4
3.4
1.4
0.7
51.7
Stratford
0.9
1.9
3.9
6.1
7.8
8.6
8.8
7.7
5.9
4.1
2.1
1.0
58.7
LAKE
Lakeport
1.1
1.3
2.6
3.5
5.1
6.0
7.3
6.1
4.7
2.9
1.2
0.9
42.8
Lower Lake
1.2
1.4
2.7
4.5
5.3
6.3
7.4
6.4
5.0
3.1
1.3
0.9
45.4
LASSEN
Buntingville
1.0
1.7
3.5
4.9
6.2
7.3
8.4
7.5
5.4
3.4
1.5
0.9
51.8
Ravendale
0.6
1.1
2.3
4.1
5.6
6.7
7.9
7.3
4.7
2.8
1.2
0.5
44.9
Susanville
0.7
1.0
2.2
4.1
5.6
6.5
7.8
7.0
4.6
2.8
1.2
0.5
44.0
LOS ANGELES
Burbank
2.1
2.8
3.7
4.7
5.1
6.0
6.6
6.7
5.4
4.0
2.6
2.0
51.7
Claremont
2.0
2.3
3.4
4.6
5.0
6.0
7.0
7.0
5.3
4.0
2.7
2.1
51.3
El Dorado
1.7
2.2
3.6
4.8
5.1
5.7
5.9
5.9
4.4
3.2
2.2
1.7
46.3
Glendale
2.0
2.2
3.3
3.8
4.7
4.8
5.7
5.6
4.3
3.3
2.2
1.8
43.7
Glendora
2.0
2.5
3.6
4.9
5.4
6.1
7.3
6.8
5.7
4.2
2.6
2.0
53.1
Gorman
1.6
2.2
3.4
4.6
5.5
7.4
7.7
7.1
5.9
3.6
2.4
1.1
52.4
Hollywood Hills
2.1
2.2
3.8
5.4
6.0
6.5
6.7
6.4
5.2
3.7
2.8
2.1
52.8
Lancaster
2.1
3.0
4.6
5.9
8.5
9.7
11.0
9.8
7.3
4.6
2.8
1.7
71.1
Long Beach
1.8
2.1
3.3
3.9
4.5
4.3
5.3
4.7
3.7
2.8
1.8
1.5
39.7
Los Angeles
2.2
2.7
3.7
4.7
5.5
5.8
6.2
5.9
5.0
3.9
2.6
1.9
50.1
Monrovia
2.2
2.3
3.8
4.3
5.5
5.9
6.9
6.4
5.1
3.2
2.5
2.0
50.2
Palmdale
2.0
2.6
4.6
6.2
7.3
8.9
9.8
9.0
6.5
4.7
2.7
2.1
66.2
Pasadena
2.1
2.7
3.7
4.7
5.1
6.0
7.1
6.7
5.6
4.2
2.6
2.0
52.3
Pearblossom
1.7
2.4
3.7
4.7
7.3
7.7
9.9
7.9
6.4
4.0
2.6
1.6
59.9
Pomona
1.7
2.0
3.4
4.5
5.0
5.8
6.5
6.4
4.7
3.5
2.3
1.7
47.5
Redondo Beach
2.2
2.4
3.3
3.8
4.5
4.7
5.4
4.8
4.4
2.8
2.4
2.0
42.6
San Fernando
2.0
2.7
3.5
4.6
5.5
5.9
7.3
6.7
5.3
3.9
2.6
2.0
52.0
Santa Clarita
2.8
2.8
4.1
5.6
6.0
6.8
7.6
7.8
5.8
5.2
3.7
3.2
61.5
Santa Monica
1.8
2.1
3.3
4.5
4.7
5.0
5.4
5.4
3.9
3.4
2.4
2.2
44.2
MADERA
Chowchilla
1.0
1.4
3.2
4.7
6.6
7.8
8.5
7.3
5.3
3.4
1.4
0.7
51.4
Madera
0.9
1.4
3.2
4.8
6.6
7.8
8.5
7.3
5.3
3.4
1.4
0.7
51.5
Raymond
1.2
1.5
3.0
4.6
6.1
7.6
8.4
7.3
5.2
3.4
1.4
0.7
50.5
MARIN
Black Point
1.1
1.7
3.0
4.2
5.2
6.2
6.6
5.8
4.3
2.8
1.3
0.9
43.0
Novato
1.3
1.5
2.4
3.5
4.4
6.0
5.9
5.4
4.4
2.8
1.4
0.7
39.8
Point San Pedro
1.1
1.7
3.0
4.2
5.2
6.2
6.6
5.8
4.3
2.8
1.3
0.9
43.0
San Rafael
1.2
1.3
2.4
3.3
4.0
4.8
4.8
4.9
4.3
2.7
1.3
0.7
35.8
MARIPOSA
Coulterville
1.1
1.5
2.8
4.4
5.9
7.3
8.1
7.0
5.3
3.4
1.4
0.7
48.8
Mariposa
1.1
1.5
2.8
4.4
5.9
7.4
8.2
7.1
5.0
3.4
1.4
0.7
49.0
Yosemite Village
0.7
1.0
2.3
3.7
5.1
6.5
7.1
6.1
4.4
2.9
1.1
0.6
41.4
MENDOCINO
Fort Bragg
0.9
1.3
2.2
3.0
3.7
3.5
3.7
3.7
3.0
2.3
1.2
0.7
29.0
Hopland
1.1
1.3
2.6
3.4
5.0
5.9
6.5
5.7
4.5
2.8
1.3
0.7
40.9
Page 38.12
Register 2015, No. 38: 9-18-2015
Title 23
Department of Water Resources
P348
Appendix A - Reference Evapotranspiration (ETo)
Table*
County and City
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
Annual
ETo
MENDOCINO
Point Arena
1.0
1.3
2.3
3.0
3.7
3.9
3.7
3.7
3.0
2.3
1.2
0.7
29.6
Sanel Valley
1.0
1.6
3.0
4.6
6.0
7.0
8.0
7.0
5.2
3.4
1.4
0.9
49.1
Ukiah
1.0
1.3
2.6
3.3
5.0
5.8
6.7
5.9
4.5
2.8
1.3
0.7
40.9
MERCED
Kesterson
0.9
1.7
3.4
5.5
7.3
8.2
8.6
7.4
5.5
3.8
1.8
0.9
55.1
Los Banos
1.0
1.5
3.2
4.7
6.1
7.4
8.2
7.0
5.3
3.4
1.4
0.7
50.0
Merced
1.0
1.5
3.2
4.7
6.6
7.9
8.5
7.2
5.3
3.4
1.4
0.7
51.5
MODOC
Modoc/Alturas
0.9
1.4
2.8
3.7
5.1
6.2
7.5
6.6
4.6
2.8
1.2
0.7
43.2
MONO
Bridgeport
0.7
0.9
2.2
3.8
5.5
6.6
7.4
6.7
4.7
2.7
1.2
0.5
43.0
MONTEREY
Arroyo Seco
1.5
2.0
3.7
5.4
6.3
7.3
7.2
6.7
5.0
3.9
2.0
1.6
52.6
Castroville
1.4
1.7
3.0
4.2
4.6
4.8
4.0
3.8
3.0
2.6
1.6
1.4
36.2
Gonzales
1.3
1.7
3.4
4.7
5.4
6.3
6.3
5.9
4.4
3.4
1.9
1.3
45.7
Greenfield
1.8
2.2
3.4
4.8
5.6
6.3
6.5
6.2
4.8
3.7
2.4
1.8
49.5
King City
1.7
2.0
3.4
4.4
4.4
5.6
6.1
6.7
6.5
5.2
2.2
1.3
49.6
King City -Oasis Rd.
1.4
1.9
3.6
5.3
6.5
7.3
7.4
6.8
5.1
4.0
2.0
1.5
52.7
Long Valley
1.5
1.9
3.2
4.1
5.8
6.5
7.3
6.7
5.3
3.6
2.0
1.2
49.1
Monterey
1.7
1.8
2.7
3.5
4.0
4.1
4.3
4.2
3.5
2.8
1.9
1.5
36.0
Pajaro
1.8
2.2
3.7
4.8
5.3
5.7
5.6
5.3
4.3
3.4
2.4
1.8
46.1
Salinas
1.6
1.9
2.7
3.8
4.8
4.7
5.0
4.5
4.0
2.9
1.9
1.3
39.1
Salinas North
1.2
1.5
2.9
4.1
4.6
5.2
4.5
4.3
3.2
2.8
1.5
1.2
36.9
San Ardo
1.0
1.7
3.1
4.5
5.9
7.2
8.1
7.1
5.1
3.1
1.5
1.0
49.0
San Juan
1.8
2.1
3.4
4.6
5.3
5.7
5.5
4.9
3.8
3.2
2.2
1.9
44.2
Soledad
1.7
2.0
3.4
4.4
5.5
5.4
6.5
6.2
5.2
3.7
2.2
1.5
47.7
NAPA
Angwin
1.8
1.9
3.2
4.7
5.8
7.3
8.1
7.1
5.5
4.5
2.9
2.1
54.9
Cameros
0.8
1.5
3.1
4.6
5.5
6.6
6.9
6.2
4.7
3.5
1.4
1.0
45.8
Oakville
1.0
1.5
2.9
4.7
5.8
6.9
7.2
6.4
4.9
3.5
1.6
1.2
47.7
St Helena
1.2
1.5
2.8
3.9
5.1
6.1
7.0
6.2
4.8
3.1
1.4
0.9
44.1
Yountville
1.3
1.7
2.8
3.9
5.1
6.0
7.1
6.1
4.8
3.1
1.5
0.9
44.3
NEVADA
Grass Valley
1.1
1.5
2.6
4.0
5.7
7.1
7.9
7.1
5.3
3.2
1.5
0.9
48.0
Nevada City
1.1
1.5
2.6
3.9
5.8
6.9
7.9
7.0
5.3
3.2
1.4
0.9
47.4
ORANGE
Irvine
2.2
2.5
3.7
4.7
5.2
5.9
6.3
6.2
4.6
3.7
2.6
2.3
49.6
Laguna Beach
2.2
2.7
3.4
3.8
4.6
4.6
4.9
4.9
4.4
3.4
2.4
2.0
43.2
Santa Ana
2.2
2.7
3.7
4.5
4.6
5.4
6.2
6.1
4.7
3.7
2.5
2.0
48.2
PLACER
Auburn
1.2
1.7
2.8
4.4
6.1
7.4
8.3
7.3
5.4
3.4
1.6
1.0
50.6
Blue Canyon
0.7
1.1
2.1
3.4
4.8
6.0
7.2
6.1
4.6
2.9
0.9
0.6
40.5
Colfax
1.1
1.5
2.6
4.0
5.8
7.1
7.9
7.0
5.3
3.2
1.4
0.9
47.9
Roseville
1.1
1.7
3.1
4.7
6.2
7.7
8.5
7.3
5.6
3.7
1.7
1.0
52.2
Soda Springs
0.7
0.7
1.8
3.0
4.3
5.3
6.2
5.5
4.1
2.5
0.7
0.7
35.4
Tahoe City
0.7
0.7
1.7
3.0
4.3
5.4
6.1
5.6
4.1
2.4
0.8
0.6
35.5
Truckee
0.7
0.7
1.7
3.2
4.4
5.4
6.4
5.7
4.1
2.4
0.8
0.6
36.2
Page 38.13
Register 2015. Na. 38; 0-18-2015
§ 495
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15349
Appendix A - Reference Evapotranspiration (ETo) Table*
County and City
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
Annual
ETo
PLUMAS
Portola
0.7
0.9
1.9
3.5
4.9
5.9
7.3
5.9
4.3
2.7
0.9
0.5
39.4
Quincy
0.7
0.9
2.2
3.5
4.9
5.9
7.3
5.9
4.4
2.8
1.2
0.5
40.2
RIVERSIDE
Beaumont
2.0
2.3
3.4
4.4
6.1
7.1
7.6
7.9
6.0
3.9
2.6
1.7
55.0
Blythe
2.4
3.3
5.3
6.9
8.7
9.6
9.6
8.7
6.9
5.0
3.0
2.2
71.4
Cathedral City
1.6
2.2
3.7
5.1
6.8
7.8
8.7
7.8
5.7
4.0
2.1
1.6
57.1
Coachella
2.9
4.4
6.2
8.4
10.5
11.9
12.3
10.1
8.9
6.2
3.8
2.4
88.1
Desert Center
2.9
4.1
6.4
8.5
11.0
12.1
12.2
11.1
9.0
6.4
3.9
2.6
90.0
Elsinore
2.1
2.8
3.9
4.4
5.9
7.1
7.6
7.0
5.8
3.9
2.6
1.9
55.0
Indio
3.1
3.6
6.5
8.3
10.5
11.0
10.8
9.7
8.3
5.9
3.7
2.7
83.9
La Quinta
2.4
2.8
5.2
6.5
8.3
8.7
8.5
7.9
6.5
4.5
2.7
2.2
66.2
Mecca
2.6
3.3
5.7
7.2
8.6
9.0
8.8
8.2
6.8
5.0
3.2
2.4
70.8
Oasis
2.9
3.3
5.3
6.1
8.5
8.9
8.7
7.9
6.9
4.8
2.9
2.3
68.4
Palm Desert
2.5
3.4
5.3
6.9
8.7
9.6
9.6
8.7
6.9
5.0
3.0
2.2
71.6
Palm Springs
2.0
2.9
4.9
7.2
8.3
8.5
11.6
8.3
7.2
5.9
2.7
1.7
71.1
Rancho California
1.8
2.2
3.4
4.8
5.6
6.3
6.5
6.2
4.8
3.7
2.4
1.8
49.5
Rancho Mirage
2.4
3.3
5.3
6.9
8.7
9.6
9.6
8.7
6.9
5.0
3.0
2.2
71.4
Ripley
2.7
3.3
5.6
7.2
8.7
8.7
8.4
7.6
6.2
4.6
2.8
2.2
67.8
Salton Sea North
2.5
3.3
5.5
7.2
8.8
9.3
9.2
8.5
6.8
5.2
3.1
2.3
71.7
Temecula East 11
2.3
2.4
4.1
4.9
6.4
7.0
7.8
7.4
5.7
4.1
2.6
2.2
56.7
Thermal
2.4
3.3
5.5
7.6
9.1
9.6
9.3
8.6
7.1
5.2
3.1
2.1
72.8
Riverside UC
2.5
2.9
4.2
5.3
5.9
6.6
7.2
6.9
5.4
4.1
2.9
2.6
56.4
Winchester
2.3
2.4
4.1
4.9
6.4
6.9
7.7
7.5
6.0
3.9
2.6
2.1
56.8
SACRAMENTO
Fair Oaks
1.0
1.6
3.4
4.1
6.5
7.5
8.1
7.1
5.2
3.4
1.5
1.0
50.5
Sacramento
1.0
1.8
3.2
4.7
6.4
7.7
8.4
7.2
5.4
3.7
1.7
0.9
51.9
Twitchell Island
1.2
1.8
3.9
5.3
7.4
8.8
9.1
7.8
5.9
3.8
1.7
1.2
57.9
SAN BENITO
Hollister
1.5
1.8
3.1
4.3
5.5
5.7
6.4
5.9
5.0
3.5
1.7
1.1
45.1
San Benito
1.2
1.6
3.1
4.6
5.6
6.4
6.9
6.5
4.8
3.7
1.7
1.2
47.2
San Juan Valley
1.4
1.8
3.4
4.5
6.0
6.7
7.1
6.4
5.0
3.5
1.8
1.4
49.1
SAN BERNARDINO
Baker
2.7
3.9
6.1
8.3
10.4
11.8
12.2
11.0
8.9
6.1
3.3
2.1
86.6
Barstow NE
2.2
2.9
5.3
6.9
9.0
10.1
9.9
8.9
6.8
4.8
2.7
2.1
71.7
Big Bear Lake
1.8
2.6
4.6
6.0
7.0
7.6
8.1
7.4
5.4
4.1
2.4
1.8
58.6
Chino
2.1
2.9
3.9
4.5
5.7
6.5
7.3
7.1
5.9
4.2
2.6
2.0
54.6
Crestline
1.5
1.9
3.3
4.4
5.5
6.6
7.8
7.1
5.4
3.5
2.2
1.6
50.8
Lake Arrowhead
1.8
2.6
4.6
6.0
7.0
7.6
8.1
7.4
5.4
4.1
2.4
1.8
58.6
Lucerne Valley
2.2
2.9
5.1
6.5
9.1
11.0
11.4
9.9
7.4
5.0
3.0
1.8
75.3
Needles
3.2
4.2
6.6
8.9
11.0
12.4
12.8
11.0
8.9
6.6
4.0
2.7
92.1
Newberry Springs
2.1
2.9
5.3
8.4
9.8
10.9
11.1
9.9
7.6
5.2
3.1
2.0
78.2
San Bernardino
2.0
2.7
3.8
4.6
5.7
6.9
7.9
7.4
5.9
4.2
2.6
2.0
55.6
Twentynine Palms
2.6
3.6
5.9
7.9
10.1
11.2
11.2
10.3
8.6
5.9
3.4
2.2
82.9
Victorville
2.0
2.6
4.6
6.2
7.3
8.9
9.8
9.0
6.5
4.7
2.7
2.1
66.2
SAN DIEGO
Chula Vista
2.2
2.7
3.4
3.8
4.9
4.7
5.5
4.9
4.5
3.4
2.4
2.0
44.2
Escondido SPV
2.4
2.6
3.9
4.7
5.9
6.5
7.1
6.7
5.3
3.9
2.8
2.3
54.2
Miramar
2.3
2.5
3.7
4.1
5.1
5.4
6.1
5.8
4.5
3.3
2.4
2.1
47.1
Page 38.14
Register 2015. No. 39: 9-18-21115
Title 23
Department of Nater Resources
P350
Appendix A - Reference Evapotranspiration (ETo) Table*
County and City
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
Annual
ETo
SAN DIEGO
Oceanside
2.2
2.7
3.4
3.7
4.9
4.6
4.6
5.1
4.1
3.3
2.4
2.0
42.9
Otay Lake
2.3
2.7
3.9
4.6
5.6
5.9
6.2
6.1
4.8
3.7
2.6
2.2
50.4
Pine Valley
1.5
2.4
3.8
5.1
6.0
7.0
7.8
7.3
6.0
4.0
2.2
1.7
54.8
Ramona
2.1
2.1
3.4
4.6
5.2
6.3
6.7
6.8
5.3
4.1
2.8
2.1
51.6
San Diego
2.1
2.4
3.4
4.6
5.1
5.3
5.7
5.6
4.3
3.6
2.4
2.0
46.5
Santee
2.1
2.7
3.7
4.5
5.5
6.1
6.6
6.2
5.4
3.8
2.6
2.0
51.1
Torrey Pines
2.2
2.3
3.4
3.9
4.0
4.1
4.6
4.7
3.8
2.8
2.0
2.0
39.8
Warner Springs
1.6
2.7
3.7
4.7
5.7
7.6
8.3
7.7
6.3
4.0
2.5
1.3
56.0
SAN FRANCISCO
San Francisco
1.5
1.3
2.4
3.0
3.7
4.6
4.9
4.8
4.1
2.8
1.3
0.7
35.1
SAN JOAQUIN
Farmington
1.5
1.5
2.9
4.7
6.2
7.6
8.1
6.8
5.3
3.3
1.4
0.7
50.0
Lodi West
1.0
1.6
3.3
4.3
6.3
6.9
7.3
6.4
4.5
3.0
1.4
0.8
46.7
Manteca
0.9
1.7
3.4
5.0
6.5
7.5
8.0
7.1
5.2
3.3
1.6
0.9
51.2
Stockton
0.8
1.5
2.9
4.7
6.2
7.4
8.1
6.8
5.3
3.2
I.4
0.6
49.1
Tracy
1.0
1.5
2.9
4.5
6.1
7.3
7.9
6.7
5.3
3.2
1.3
0.7
48.5
SAN LUIS OBISPO
Arroyo Grande
2.0
2.2
3.2
3.8
4.3
4.7
4.3
4.6
3.8
3.2
2.4
1.7
40.0
Atascadero
1.2
1.5
2.8
3.9
4.5
6.0
6.7
6.2
5.0
3.2
1.7
1.0
43.7
Morro Bay
2.0
2.2
3.1
3.5
4.3
4.5
4.6
4.6
3.8
3.5
2.1
1.7
39.9
Nipomo
2.2
2.5
3.8
5.1
5.7
6.2
6.4
6.1
4.9
4.1
2.9
2.3
52.1
Paso Robles
1.6
2.0
3.2
4.3
5.5
6.3
7.3
6.7
5.1
3.7
2.1
1.4
49.0
San Luis Obispo
2.0
2.2
3.2
4.1
4.9
5.3
4.6
5.5
4.4
3.5
2.4
1.7
43.8
San Miguel
1.6
2.0
3.2
4.3
5.0
6.4
7.4
6.8
5.1
3.7
2.1
1.4
49.0
San Simeon
2.0
2.0
2.9
3.5
4.2
4.4
4.6
4.3
3.5
3.1
2.0
1.7
38.1
SAN MATEO
Hal Moon Bay
1.5
1.7
2.4
3.0
3.9
4.3
4.3
4.2
3.5
2.8
1.3
1.0
33.7
Redwood City
1.5
1.8
2.9
3.8
5.2
5.3
6.2
5.6
4.8
3.1
1.7
1.0
42.8
Woodside
1.8
2.2
3.4
4.8
5.6
6.3
6.5
6.2
4.8
3.7
2.4
1.8
49.5
SANTA BARBARA
Betteravia
2.1
2.6
4.0
5.2
6.0
5.9
5.8
5.4
4.1
3.3
2.7
2.1
49.1
Carpenteria
2.0
2.4
3.2
3.9
4.8
5.2
5.5
5.7
4.5
3.4
2.4
2.0
44.9
Cuyama
2.1
2.4
3.8
5.4
6.9
7.9
8.5
7.7
5.9
4.5
2.6
2.0
59.7
Goleta
2.1
2.5
3.9
5.1
5.7
5.7
5.4
5.4
4.2
3.2
2.8
2.2
48.1
Goleta Foothills
2.3
2.6
3.7
5.4
5.3
5.6
5.5
5.7
4.5
3.9
2.8
2.3
49.6
Guadalupe
2.0
2.2
3.2
3.7
4.9
4.6
4.5
4.6
4.1
3.3
2.4
1.7
41.1
Lompoc
2.0
2.2
3.2
3.7
4.8
4.6
4.9
4.8
3.9
3.2
2.4
1.7
41.1
Los Alamos
1.8
2.0
3.2
4.1
4.9
5.3
5.7
5.5
4.4
3.7
2.4
1.6
44.6
Santa Barbara
2.0
2.5
3.2
3.8
4.6
5.1
5.5
4.5
3.4
2.4
1.8
1.8
40.6
Santa Maria
1.8
2.3
3.7
5.1
5.7
5.8
5.6
5.3
4.2
3.5
2.4
1.9
47.4
Santa Ynez
1.7
2.2
3.5
5.0
5.8
6.2
6.4
6.0
4.5
3.6
2.2
I.7
48.7
Sisquoc
2.1
2.5
3.8
4.1
6.1
6.3
6.4
5.8
4.7
3.4
2.3
1.8
49.2
Solvang
2.0
2.0
3.3
4.3
5.0
5.6
6.1
5.6
4.4
3.7
2.2
1.6
45.6
SANTA CLARA
Gilroy
1.3
1.8
3.1
4.1
5.3
5.6
6.1
5.5
4.7
3.4
1.7
1.1
43.6
Los Gatos
1.5
1.8
2.8
3.9
5.0
5.6
6.2
5.5
4.7
3.2
1.7
1.1
42.9
Morgan Hill
1.5
1.8
3.4
4.2
6.3
7.0
7.1
6.0
5.1
3.7
1.9
1.4
49.5
Palo Alto
1.5
1.8
2.8
3.8
5.2
5.3
6.2
5.6
5.0
3.2
1.7
1.0
43.0
Page 38.14(a)
Register 2(115. No. 38: 9-18-2_(115
§ 495
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 2$351
Appendix A - Reference Evapotranspiration (ETo) Table*
County and City
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
Annual
ETo
SANTA CLARA
San Jose
1.5
1.8
3.1
4.1
5.5
5.8
6.5
5.9
5.2
3.3
1.8
1.0
45.3
SANTA CRUZ
De Laveaga
1.4
1.9
3.3
4.7
4.9
5.3
5.0
4.8
3.6
3.0
1.6
1.3
40.8
Green Valley Rd
1.2
1.8
3.2
4.5
4.6
5.4
5.2
5.0
3.7
3.1
1.6
1.3
40.6
Santa Cruz
1.5
1.8
2.6
3.5
4.3
4.4
4.8
4.4
3.8
2.8
1.7
1.2
36.6
Watsonville
1.5
1.8
2.7
3.7
4.6
4.5
4.9
4.2
4.0
2.9
1.8
1.2
37.7
Webb
1.8
2.2
3.7
4.8
5.3
5.7
5.6
5.3
4.3
3.4
2.4
1.8
46.2
SHASTA
Burney
0.7
1.0
2.1
3.5
4.9
5.9
7.4
6.4
4.4
2.9
0.9
0.6
40.9
Fall River Mills
0.6
1.0
2.1
3.7
5.0
6.1
7.8
6.7
4.6
2.8
0.9
0.5
41.8
Glenburn
0.6
1.0
2.1
3.7
5.0
6.3
7.8
6.7
4.7
2.8
0.9
0.6
42.1
McArthur
0.7
1.4
2.9
4.2
5.6
6.9
8.2
7.2
5.0
3.0
1.1
0.6
46.8
Redding
1.2
1.4
2.6
4.1
5.6
7.1
8.5
7.3
5.3
3.2
1.4
0.9
48.8
SIERRA
Downieville
0.7
1.0
2.3
3.5
5.0
6.0
7.4
6.2
4.7
2.8
0.9
0.6
41.3
Sierraville
0.7
1.1
2.2
3.2
4.5
5.9
7.3
6.4
4.3
2.6
0.9
0.5
39.6
SISKIYOU
Happy Camp
0.5
0.9
2.0
3.0
4.3
5.2
6.1
5.3
4.1
2.4
0.9
0.5
35.1
MacDoel
1.0
1.7
3.1
4.5
5.9
7.2
8.1
7.1
5.1
3.1
1.5
1.0
49.0
Mt Shasta
0.5
0.9
2.0
3.0
4.5
5.3
6.7
5.7
4.0
2.2
0.7
0.5
36.0
Tule lake FS
0.7
1.3
2.7
4.0
5.4
6.3
7.1
6.4
4.7
2.8
1.0
0.6
42.9
Weed
0.5
0.9
2.0
2.5
4.5
5.3
6.7
5.5
3.7
2.0
0.9
0.5
34.9
Yreka
0.6
0.9
2.1
3.0
4.9
5.8
7.3
6.5
4.3
2.5
0.9
0.5
39.2
SOLANO
Benicia
1.3
1.4
2.7
3.8
4.9
5.0
6.4
5.5
4.4
2.9
1.2
0.7
40.3
Dixon
0.7
1.4
3.2
5.2
6.3
7.6
8.2
7.2
5.5
4.3
1.6
1.1
52.1
Fairfield
1.1
1.7
2.8
4.0
5.5
6.1
7.8
6.0
4.8
3.1
1.4
0.9
45.2
Hastings Tract
1.6
2.2
3.7
5.1
6.8
7.8
8.7
7.8
5.7
4.0
2.1
1.6
57.1
Putah Creek
1.0
1.6
3.2
4.9
6.1
7.3
7.9
7.0
5.3
3.8
1.8
1.2
51.0
Rio Vista
0.9
1.7
2.8
4.4
5.9
6.7
7.9
6.5
5.1
3.2
1.3
0.7
47.0
Suisun Valley
0.6
1.3
3.0
4.7
5.8
7.0
7.7
6.8
5.3
3.8
1.4
0.9
48.3
Winters
0.9
1.7
3.3
5.0
6.4
7.5
7.9
7.0
5.2
3.5
1.6
1.0
51.0
SONOMA
Bennett Valley
1.1
1.7
3.2
4.1
5.5
6.5
6.6
5.7
4.5
3.1
1.5
0.9
44.4
Cloverdale
1.1
1.4
2.6
3.4
5.0
5.9
6.2
5.6
4.5
2.8
1.4
0.7
40.7
Fort Ross
1.2
1.4
2.2
3.0
3.7
4.5
4.2
4.3
3.4
2.4
1.2
0.5
31.9
1-lealdsburg
1.2
1.5
2.4
3.5
5.0
5.9
6.1
5.6
4.5
2.8
1.4
0.7
40.8
Lincoln
1.2
1.7
2.8
4.7
6.1
7.4
8.4
7.3
5.4
3.7
1.9
1.2
51.9
Petaluma
1.2
1.5
2.8
3.7
4.6
5.6
4.6
5.7
4.5
2.9
1.4
0.9
39.6
Santa Rosa
1.2
1.7
2.8
3.7
5.0
6.0
6.1
5.9
4.5
2.9
1.5
0.7
42.0
Valley of the Moon
1.0
1.6
3.0
4.5
5.6
6.6
7.1
6.3
4.7
3.3
1.5
1.0
46.1
Windsor
0.9
1.6
3.0
4.5
5.5
6.5
6.5
5.9
4.4
3.2
1.4
1.0
44.2
STANISLAUS
Denair
1.0
1.9
3.6
4.7
7.0
7.9
8.0
6.1
5.3
3.4
1.5
1.0
51.4
La Grange
1.2
1.5
3.1
4.7
6.2
7.7
8.5
7.3
5.3
3.4
1.4
0.7
51.2
Modesto
0.9
1.4
3.2
4.7
6.4
7.7
8.1
6.8
5.0
3.4
1.4
0.7
49.7
Newman
1.0
1.5
3.2
4.6
6.2
7.4
8.1
6.7
5.0
3.4
1.4
0.7
49.3
Oakdale
1.2
1.5
3.2
4.7
6.2
7.7
8.1
7.1
5.1
3.4
1.4
0.7
50.3
Page 38.14(b)
Register 2(115. No. 38: 0-18-22015
Title 23
Department of Nater Resources
P352
Appendix A - Reference Evapotranspiration (ETo)
Table*
County and City
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
Annual
ETo
STANISLAUS
Patterson
1.3
2.1
4.2
5.4
7.9
8.6
8.2
6.6
5.8
4.0
1.9
1.3
57.3
Turlock
0.9
1.5
3.2
4.7
6.5
7.7
8.2
7.0
5.1
3.4
1.4
0.7
50.2
SUTTER
Nicolaus
0.9
1.6
3.2
4.9
6.3
7.5
8.0
6.9
5.2
3.4
1.5
0.9
50.2
Yuba City
1.3
2.1
2.8
4.4
5.7
7.2
7.1
6.1
4.7
3.2
1.2
0.9
46.7
TEHAMA
Coming
1.2
1.8
2.9
4.5
6.1
7.3
8.1
7.2
5.3
3.7
1.7
1.1
50.7
Gerber
1.0
1.8
3.5
5.0
6.6
7.9
8.7
7.4
5.8
4.1
1.8
1.1
54.7
Gerber Dryland
0.9
1.6
3.2
4.7
6.7
8.4
9.0
7.9
6.0
4.2
2.0
1.0
55.5
Red Bluff
1.2
1.8
2.9
4.4
5.9
7.4
8.5
7.3
5.4
3.5
1.7
1.0
51.1
TRINITY
Hay Fork
0.5
1.1
2.3
3.5
4.9
5.9
7.0
6.0
4.5
2.8
0.9
0.7
40.1
Weaverville
0.6
1.1
2.2
3.3
4.9
5.9
7.3
6.0
4.4
2.7
0.9
0.7
40.0
TULARE
Alpaugh
0.9
1.7
3.4
4.8
6.6
7.7
8.2
7.3
5.4
3.4
1.4
0.7
51.6
Badger
1.0
1.3
2.7
4.1
6.0
7.3
7.7
7.0
4.8
3.3
1.4
0.7
47.3
Delano
1.1
1.9
4.0
4.9
7.2
7.9
8.1
7.3
5.4
3.2
1.5
1.2
53.6
Dinuba
1.1
1.5
3.2
4.7
6.2
7.7
8.5
7.3
5.3
3.4
1.4
0.7
51.2
Lindcove
0.9
1.6
3.0
4.8
6.5
7.6
8.I
7.2
5.2
3.4
1.6
0.9
50.6
Porterville
1.2
1.8
3.4
4.7
6.6
7.7
8.5
7.3
5.3
3.4
1.4
0.7
52.1
Visalia
0.9
1.7
3.3
5.1
6.8
7.7
7.9
6.9
4.9
3.2
1.5
0.8
50.7
TUOLUMNE
Groveland
1.1
1.5
2.8
4.1
5.7
7.2
7.9
6.6
5.1
3.3
1.4
0.7
47.5
Sonora
1.1
1.5
2.8
4.1
5.8
7.2
7.9
6.7
5.1
3.2
1.4
0.7
47.6
VENTURA
Camarillo
2.2
2.5
3.7
4.3
5.0
5.2
5.9
5.4
4.2
3.0
2.5
2.1
46.1
Oxnard
2.2
2.5
3.2
3.7
4.4
4.6
5.4
4.8
4.0
3.3
2.4
2.0
42.3
Piru
2.8
2.8
4.1
5.6
6.0
6.8
7.6
7.8
5.8
5.2
3.7
3.2
61.5
Port Hueneme
2.0
2.3
3.3
4.6
4.9
4.9
4.9
5.0
3.7
3.2
2.5
2.2
43.5
Thousand Oaks
2.2
2.6
3.4
4.5
5.4
5.9
6.7
6.4
5.4
3.9
2.6
2.0
51.0
Ventura
2.2
2.6
3.2
3.8
4.6
4.7
5.5
4.9
4.1
3.4
2.5
2.0
43.5
POLO
Bryte
0.9
1.7
3.3
5.0
6.4
7.5
7.9
7.0
5.2
3.5
1.6
1.0
51.0
Davis
1.0
1.9
3.3
5.0
6.4
7.6
8.2
7.1
5.4
4.0
1.8
1.0
52.5
Esparto
1.0
1.7
3.4
5.5
6.9
8.1
8.5
7.5
5.8
4.2
2.0
1.2
55.8
Winters
1.7
1.7
2.9
4.4
5.8
7.1
7.9
6.7
5.3
3.3
1.6
1.0
49.4
Woodland
1.0
1.8
3.2
4.7
6.1
7.7
8.2
7.2
5.4
3.7
1.7
1.0
51.6
Zamora
1.1
1.9
3.5
5.2
6.4
7.4
7.8
7.0
5.5
4.0
1.9
1.2
52.8
YUBA
Browns Valley
1.0
1.7
3.1
4.7
6.1
7.5
8.5
7.6
5.7
4.1
2.0
1.1
52.9
Brownsville
1.1
1.4
2.6
4.0
5.7
6.8
7.9
6.8
5.3
3.4
1.5
0.9
47.4
* The values in this table were derived from:
1) California Irrigation Management Information System (CIMIS);
2) Reference EvapoTranspiration Zones Map, UC Dept. of Land, Air & Water Resources and California Dept of Water
Resources 1999; and
3) Reference Evapotranspiration for California, University of California, Department of Agriculture and Natural Resources
(1987) Bulletin 1922;
4) Determining Daily Reference Evapotranspiration, Cooperative Extension UC Division of Agriculture and Natural Resources
(1987), Publication Leaflet 21426
HISTORY 2. Repealer and new Appendix A filed 9-15-2015; operative 9-15-2015. Exempt
I. New Appendix A tiled 9-10-2009; operative 9-10-2009 pursuant to Govern- frons OAL review and submitted to OAL for printing only pursuant to Gover-
ment Code section 11343.4 (Register 2009, No. 37). nor's Executive Order No. B-29-15 (4-1-2015) (Register 2015, No. 38).
Page 38.14(c)
Register 2015. No. 38: 9-18-2015
§ 495 BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 33353
Appendix B —Sample Water Efficient Landscape Worksheet.
WATER EFFICIENT LANDSCAPE WORKSHEET
This worksheet is filled out by the project applicant and it is a required element of the Landscape Documentation Package.
Reference Evapotranspiration (ETo)
Hydrozone #
/Planting
Descriptiona
Plant
Factor (PF)
Irrigation
Methodb
Irrigation
Efficiency
(IE)c
ETAF
(PF/IE)
Landscape
Area (sq, ft,)
ETAF x Area
Estimated Total
Water Use
(ETWU)°
Regular Landscape Areas
Totals
(A)
(B)
Special Landscape Areas
1
1
1
Totals
(C)
(D)
ETWU Total
Maximum Allowed Water Allowance (MAWA)°
aHydrozone #/Planting Description °Irrigation Method
E.g overhead spray
1.) front lawn or drip
2.) low water use plantings
3) medium water use planting
eMAWA (Annual Gallons Allowed) = (Eto) (0 62) ( (ETAF x LA)
+ ((1-ETAF) x SLA)J
where 0.62 is a conversion factor that converts acre -
inches per acre per year to gallons per square foot per
year, LA is the total landscape area in square feet SLA
is the total special landscape area in square feet.
and ETAF is 55 for residential areas and 0.45 for non-
residential areas.
ETAF Calculations
Regular Landscape Areas
Total ETAF x Area
(B)
Total Area
(A)
Average ETAF
B + A
All Landscape Areas
Total ETAF x Area
(B+D)
Total Area
(A+C)
Sitewide ETAF
(B+D) + (A+C)
`Irrigation Efficiency
0.75 for spray head
0.81 for drip
°ETWU (Annual Gallons Required) =
Eto x 0.62 x ETAF x Area
where 0.62 is a conversion
factor that converts acre -
inches per acre per year to
gallons per square foot per
year.
Average ETAF for Regular Landscape Areas must
be 0.55 or below for residential areas, and 0.45 or
below for non-residential areas.
HISTORY
1. New Appendix B filed 9-10-2009; operative 9-10-2009 pursuant to Govern-
ment Code section 11343.4 (Register 2009. No. 37).
2. Repealer and new Appendix B filed 9-15-2015; operative 9-15-2015. Exempt
from OAL review and submitted to OAL for printing only pursuant to Gover-
nor's Executive Order No. B -29—I 5 (4-1-2015) (Register 2015, No. 38).
Page 38.14(d)
Register 2015, Na. 38; 9-18-22015
Title 23 Department of Water Resources
P354
Appendix C — Sample Certificate of Completion.
CERTIFICATE OF COMPLETION
This certificate is filled out by the project applicant upon completion of the landscape project.
PART 1. PROJECT INFORMATION SHEET
Date
Parcel, tract or lot number, if available.
Project Name
Latitude/Longitude (optional)
Name of Project Applicant
Telephone No.
Fax No.
Title
Email Address
Company
Street Address
City
State
Zip Code
Project Address and Location:
Street Address
Parcel, tract or lot number, if available.
City
Latitude/Longitude (optional)
State
Zip Code
Property Owner or his/her designee:
Name
Telephone No.
Fax No.
Title
Email Address
Company
Street Address
City
State
Zip Code
Property Owner
"I/we certify that I/we have received copies of all the documents within the Landscape Documentation Package
and the Certificate of Completion and that it is our responsibility to see that the project is maintained in
accordance with the Landscape and Irrigation Maintenance Schedule."
Property Owner Signature
Date
Please answer the questions below:
1. Date the Landscape Documentation Package was submitted to the local agency
2. Date the Landscape Documentation Package was approved by the local agency
3. Date that a copy of the Water Efficient Landscape Worksheet (including the Water Budget Calculation) was
submitted to the local water purveyor
Page 38.14(e)
Register 2015. No. 38: 9-18-2015
§ 495 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title *355
PART 2. CERTIFICATION OF INSTALLATION ACCORDING TO THE LANDSCAPE
DOCUMENTATION PACKAGE
"I/we certify that based upon periodic site observations, the work has been completed in accordance with the
ordinance and that the landscape planting and irrigation installation conform with the criteria and specifications of
the approved Landscape Documentation Package."
Signature*
Date
Name (print)
Telephone No.
Fax No.
Title
Email Address
License No. or Certification No.
Company
Street Address
City
State
Zip Code
*Signer of the landscape design plan, signer of the irrigation plan, or a licensed landscape contractor.
PART 3. IRRIGATION SCHEDULING
Attach parameters for setting the irrigation schedule on controller per ordinance Section 492.10
PART 4. SCHEDULE OF LANDSCAPE AND IRRIGATION MAINTENANCE
Attach schedule of Landscape and Irrigation Maintenance per ordinance Section 492.11.
PART 5. LANDSCAPE IRRIGATION AUDIT REPORT
Attach Landscape Irrigation Audit Report per ordinance Section 492.12.
PART 6. SOIL MANAGEMENT REPORT
Attach soil analysis report, if not previously submitted with the Landscape Documentation Package per ordinance
Section 492.6.
Attach documentation verifying implementation of recommendations from soil analysis report per ordinance
Section 492.6.
HISTORY 2. Repealer and new Appendix C filed 9-15-2015; operative 9-15-2015. Exempt
1. New Appendix C filed 9--10-2009; operative 9-10-2009 pursuant to Govern- from OAL review and submitted to OAL for printing only pursuant to Gover-
ment Code section 11343.4 (Register 2009, No. 37). nor's Executive Order No. B -29—I5 (4-1-2015) (Register 2015, No. 38).
Page 38.14(f)
Register 2015, No. 38; 9-18-2015
Title 23 Department of Water Resources
P956
Appendix D — Prescriptive Compliance Option.
(a) This appendix contains prescriptive requirements which may be
used as a compliance option to the Model Water Efficient Landscape Or-
dinance.
(b) Compliance with the following items is mandatory and must be
documented on a landscape plan in order to use the prescriptive com-
pliance option:
(1) Submit a Landscape Documentation Package which includes the
followine elements:
(A) date
(B) project applicant
(C) project address (if available, parcel and/or lot number(s))
(D) total landscape area (square feet), including a breakdown of turf
and plant material
(E) project type (e.g., new, rehabilitated, public, private, cemetery,
homeowner—instal led)
(F) water supply type (e.g., potable, recycled, well) and identify the lo-
cal retail water purveyor if the applicant is not served by a private well
(G) contact information for the project applicant and property owner
(H) applicant signature and date with statement, "I agree to comply
with the requirements of the prescriptive compliance option to the M WE -
LO".
(2) Incorporate compost at a rate of at least four cubic yards per 1.000
square feet to a depth of six inches into landscape area (unless contra—in-
dicated by a soil test);
(3) Plant material shall comply with all of the following;
(A) For residential areas, install climate adapted plants that require oc-
casional, little or no summer water (average WUCOLS plant factor 0.3)
for 75% of the plant area excluding edibles and areas using recycled wa-
ter; For non—residential areas, install climate adapted plants that require
occasional, little or no summer water (average WUCOLS plant factor
0.3) for 100% of the plant area excluding edibles and areas using recycled
water;
(B) A minimum three inch (3") layer of mulch shall be applied on all
exposed soil surfaces of planting areas except in turf areas, creeping or
rooting groundcovers, or direct seeding applications where mulch is con-
traindicated.
(4) Turf shall comply with all of the following:
(A) Turf shall not exceed 25% of the landscape area in residential
areas, and there shall be no turf in non—residential areas;
(B) Turf shall not be planted on sloped areas which exceed a slope of
1 foot vertical elevation change for every 4 feet of horizontal length;
(C) Turf is prohibited in parkways less than 10 feet wide, unless the
parkway is adjacent to a parking strip and used to enter and exit vehicles.
Any turf in parkways must be irrigated by sub—surface irrigation or by
other technology that creates no overspray or ntnoff.
(5) Irrigation systems shall comply with the followinL_:
(A) Automatic irrigation controllers are required and must use evapo-
transpiration or soil moisture sensor data and utilize a rain sensor.
(B) Irrigation controllers shall be of a type which does not lose pro-
gramming data in the event the primary power source is interrupted.
(C) Pressure regulators shall be installed on the irrigation system to en-
sure the dynamic pressure of the system is within the manufacturers rec-
ommended pressure range.
(D) Manual shut—off valves (such as a gate valve, ball valve, or butter-
fly valve) shall be installed as close as possible to the point of connection
of the water supply.
(E) All irrigation emission devices must meet the requirements set in
the ANSI standard, ASABE/ICC 802-2014. "Landscape Irrigation
Sprinkler and Emitter Standard," All sprinkler heads installed in the land-
scape must document a distribution uniformity low quarter of 0.65 or
higher using the protocol defined in ASABE/iCC 802-2014.
(F) Areas less than ten (10) feet in width in any direction shall be irri-
gated with subsurface irrigation or other means that produces no runoff
or overspray.
(6) For non—residential projects with landscape areas of 1,000 sq. fi.
or more, a private submeter(s) to measure landscape water use shall be
installed.
(c) At the time of final inspection, the permit applicant must provide
the owner of the property With a certificate of completion, certificate of
installation, irrigation schedule and a schedule of landscape and irriga-
tion maintenance.
HISTORY
I. New Appendix D tiled 9-15-2015; operative 9-15-2015. Exempt from OAL
review and submitted to OAL for printing only pursuant to Governor's Execu-
tive Order No. 13-29-15 (4-1-2015) (Register 2015, No. 38).
Chapter 2.7.1. Flood Protection Corridor
Program of the Costa -Machado Water Act of
2000
§ 497.1. Scope.
(a) These regulations implement Sections 79035 through 79044, and
79044.9 in Article 2.5 of Chapter 5 of Division 26 of the Water Code,
which Division is the Costa—Machado Water Act of 2000. They establish
a process for funding acquisition of property rights and related activities
for flood protection corridor projects undertaken by the Department of
Water Resources directly or through grants to local public agencies or
nonprofit organizations.
(b) The Flood Protection Corridor Program is statewide in scope.
Within the geographic scope of the CALFED Bay—Delta Program, funds
in the subaccount for this program shall be used for projects that, to the
greatest extent possible, are consistent with the CALFED long—term plan
identified in the Programmatic Record of Decision of August 28, 2000.
NOTE: Authority cited: Sections 8300, 12580 and 79044.9, Water Code; 2000 Cal.
Stat. Ch. 52, Item No. 3860-101-6005; 2001 Cal. Stat. Ch. 106, Item No.
3860-001-0001, Provision 3; and 2002 Cal. Stat. Ch. 379, Item No.
3860-101-6005. Reference: Sections 79037, 79043, 79044 and 79044.9, Water
Code
HISTORY
I. New chapter 2.7.1 (sections 497.1-497. I 2) and section filed 8-19-2003; opera-
tive 8-19-2003 pursuant to Govemment Code section 11343.4 (Register 2003,
No. 34).
§ 497.2. Definitions.
The words used in this chapter have meanings set forth as follows:
(a) "A List" means the preferred priority list of projects described in
Section 497.6.
(b) "Applicant" means an entity that is acting as the principal party
making an application for funding under the provisions of the Costa—Ma-
chado Water Act of 2000.
(c) "B List" means the reserve priority list of projects described in Sec-
tion 497.6.
(d) "CEQA" means the California Environmental Quality Act, Public
Resources Code Sections 21000 et seq.
(e) "Department" means the California Department of Water Re-
sources.
(f) "Director" means the Director of the Department of Water Re-
sources.
(g) "FEMA" means the Federal Emergency Management Agcncy.
(11) "Fully funded" with respect to a grant project means funded to the
full amount of the requested funds or to the funding limit, whichever is
less.
(i) "Grant application form" means the Department's form entitled
"Flood Protection Corridor Program Project Evaluation Criteria and
Competitive Grant Application Form" dated April 9, 2003 and incorpo-
rated herein by this reference.
(j) "Local public agency" means any political subdivision of the State
of California, including but not limited to any county, city, city and
county, district, joint powers agency, or council of governments.
Page 38.14(g)
Register 2015. No. 38; .0-18-2015
§ 497.3 BARCLAYS CALIFORNIA CODE OF REGULATIONS 't rue .p357
(k) "Milestone" means a time when a significant portion of a project
is completed, as defined in the contract as a time for disbursement of
grant tends.
(1) "Nonprofit organization" means an organization that docs not oper-
ate for profit and has no official governmental status, including but not
limited to clubs, societies, neighborhood organizations, advisory coun-
cils, conservation organizations and privately run local community con-
servation corps.
(rn) "Program" means the Flood Protection Corridor Program estab-
lished by Water Code Division 26, Chapter 5, Article 2.5.
(n) "Property interest" means any right in real property, including
easement, fee title, and any other kind ofright acquired by legally binding
means.
(o) "Project" means all planning, engineering, acquisition of real prop-
erty interests, construction and related activities undertaken to imple-
ment a discrete action undertaken under the program pursuant to Water
Code Section 79037.
(p) "Sponsor" means an applicant who has received grant funding
through the application process described in these regulations.
(q) "Subaccount" means the Flood Protection Corridor Subaccount
created by Water Code Section 79035(a).
Noro: Authority cited: Sections 8300, 12580 and 79044.9, Water Code. Refer-
ence: Sections 79035, 70937, 79038(a) and 79043, \Vater Code; and Sections
21000 et seq., Public Resources Code.
1-11STORY
1. New section filed 8-19-2003; operative 8-19-2003 pursuant to Government
Code section 11343.4 (Register 2003, No. 34).
§ 497.3. Program Management Process.
The Department selects, approves, funds, and monitors projects
funded by grants under the program. The process of managing the pro-
gram includes these steps:
(a) The Department shall appoint and maintain a Project Evaluation
Team composed of Department staff and other consulting governmental
agencies. The Department may request consultation with any appropriate
government agency, including but not limited to the Department of Con-
servation, the Department of Fish and Game, the Department of Food and
Agriculture, the Office of Emergency Services, and the CALFED Bay—
Delta Program.
(b) Local public agencies or nonprofit organizations qualified under
Section 497.4 may apply for program grants for projects at such times as
the Department may designate. Applications for proposed projects shall
be submitted in response to a solicitation issued by the Department. As
long as uncommitted funds remain available to fund new projects, the
Department shall solicit proposals at least once per calendar year. The
time period for submitting applications shall be 90 days from the date no-
tice is given by the Department that project proposals are being solicited.
Notices shall be provided to cities, counties, flood control districts, recla-
mation districts, and other local government entities that manage flood
plains and flood control projects. The Department will also provide no-
tice to nonprofit organizations with interest in flood management issues,
and shall send notice to all individuals and organizations that have re-
quested notice of the opportunity to submit applications. Notices may be
given by mail, electronic mail, website posting, or any other method that
provides easy access and prompt availability. Projects shall meet the re-
quirements of Section 497.5. Applications shall meet the requirements
of Section 497.7.
(c) The Project Evaluation Team shall review each application and
evaluate the subject project within 60 days of the close of the specified
submittal period, or within 60 days of receipt of requested additional in-
formation, whichever is later.
(d) The Project Evaluation Team shall notify the Department to re-
quest the applicant to provide additional information within 30 days of
the Department's request if:
( I ) The project appears potentially eligible but is missing information
needed to evaluate the merits of the project, or
(2) Additional information is needed to evaluate the merits of the proj-
ect in comparison to others received.
(e) If the requested additional information cannot be provided in 30
days, the applicant may refile its application with the additional informa-
tion at the Department's next solicitation of proposals.
(0 When a proposal that meets minimum qualifications is complete
and all requested additional information has been supplied, the Project
Evaluation Team shall complete the evaluation of the project including
recommending its place on a priority list as described in Section 497.6.
(g) After each solicitation of proposals, Department staff, using the
evaluations and recommended priorities of the Project Evaluation Team,
shall recommend projects, priority, and amounts per project to be funded
and submit the recommendations to the Director for approval of the prior-
ity lists. Department staff may recommend:
[The next page is 38.15.]
Page 38.14(h)
Register 2015, No. 38: 9-18-2015
CITY OF RANCHO CUCAMONGA
SEPTEMBER 27, 2017
HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION
MINUTES
RANCHO CUCAMONGA CIVIC CENTER
COUNCIL CHAMBERS
10500 CIVIC CENTER DRIVE
RANCHO CUCAMONGA, CALIFORNIA
P358
Ms._ - ; - �� - - -►% T� s i ave to follow all land use limits fo
e building structure would have to go through the regular building
process.
r covera
rmittin�
tc. and
inspection
Mr. Ghirelli noted that the building official does not asthe purpr . of a building. If its
permitted, they can receive a permit to build it.
Ms. Nakamura said the chart (see attachment , staff re ► `f is needed because permits may
be needed for example, an electric panel to • andle oad of the grow lights.
Vice Chairman Macias expressed
operations.
at we may be encouraging illegal growing
Commissioner Munoz note+ a • ants are allowed per residence. He asked hypothetically
if one can grow more th. 7-"t• . ,f ie is growing for his neighbors.
Ms. Nakamura sa'. isiper residence and not per resident irrespective of the number of
occupants int - • u , only 6 plants are allowed per house (or dwelling unit).
J
Vice Chi an acias opened the public hearing and seeing and hearing no comment, closed
the p.�' ring.
E3.
by
by Macias, seconded b M� %._.•:� _ _� - �•-,..__..._:_.:._: to
o.e Amendment DRC2017-00725 to be forwarded to the
ommend
or final action.
MUNICIPAL CODE AMENDMENT DRC2017-00726 — CITY OF RANCHO CUCAMONGA - A
request to amend Title 17 (Development Code) of the Municipal Code to modify parkway
landscaping requirements, adopt revised State water efficient landscape standards, and
amend the conditionally permitted zones for indoor entertainment and recreation uses. This
item is exempt from the requirements of the California Environmental Quality Act (CEQA) and
the City's CEQA Guidelines under CEQA Section 15061(b)(3). This item will be forwarded to
the City Council for final action.
Jennifer Nakamura, Associate Planner, gave the staff report and PowerPoint presentation
(copy on file). She said the water MWELO will primarily affect new development.
Attachment 2
CITY OF RANCHO CUCAMONGA
annummill
SEPTEMBER 27, 2017
HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION
MINUTES
RANCHO CUCAMONGA CIVIC CENTER
COUNCIL CHAMBERS
10500 CIVIC CENTER DRIVE
RANCHO CUCAMONGA, CALIFORNIA
P359
Vice Chairman Macias opened the public hearing and seeing and hearing no comment, closed
the public hearing.
Moved by Munoz, seconded by Fletcher, carried 3-0-2 (Oaxaca, Wimberly absent) to
recommend approval of Municipal Code Amendment DRC2017-00726 to be forwarded to the
City Council for final action.
x..11
, LL A reques or
industrial buildings totaling 150,003 square feet on two separate parcels totaling 7.52 acr . of
land, located north of 8th Street and west of Industrial Lane in the General Indus (GI)
District - APNs: 0209-032-28 & 0209-032-29. Staff has a prepared a Mitigat egative
Declaration of environmental impacts for consideration.
ESIGN REVIEW DRC2016-00695 — RANCHO
Dat Tran, Assistant Planner, gave the staff report and PowerPoint pre ation (copy on file).
He noted correction pages before the Commissioners: condition --11 are being removed
and condition #12 was modified to reflect the corrected dollar a • : nt to file the NOD with the
County. He noted the letters submitted by David Moore o ' oore Electric. Mr. Tran said
Mr. Moore's concerns were addressed by staff in person - d summarized in the staff report.
Commissioner Fletcher asked for clarification re• : ing traffic and Engineering's statement
about the road being designed to handle that t ic. He asked if the intersection is designed
to handle the large trucks. He asked if there e plans to improve 9th Street.
Albert Espinoza, Assistant City Engi r said Archibald and Vineyard are classified to handle
truck traffic. He said staff researcr d the accident history since 2012 and noted 1 accident in
2013; in 2014 a vehicle hit a tr ; there were no accidents in 2015 or 2016; in 2017 1 truck
and a vehicle were involved d then 1 accident occurred where a truck took out a fire hydrant.
He said there are 25,000 - . ily trips and only 4 accidents in a 5.5 -year period. He said truckers
have skills and capab' es to get through tight intersections. There is a non-developed parcel
at the southwest ner of the intersection. He said we may have potential to improve the
intersection to sist truckers. He said all streets in that area are classified as industrial
collectors. said he would check with the Capital Improvement section to see about possible
improvents to 9th Street.
B ox, the applicant, said he has built 13 or 14 buildings in Rancho. He said he appreciated
r. Tran's assistance in the process. He said the added environmental reports and delays
P360
RESOLUTION NO.17-83
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL
OF MUNICIPAL CODE AMENDMENT DRC2017-00726, MODIFYING
PARKWAY LANDSCAPING REQUIREMENTS, MODIFYING
CONDITIONALLY PERMITTED ZONES FOR INDOOR ENTERTAINMENT
AND RECREATION USES AND ADOPTING THE STATE MODEL WATER
EFFICIENT LANDSCAPING ORDINANCE
A. Recitals.
1. The City of Rancho Cucamonga has prepared Municipal Code Amendment DRC2017-
00726, as described in the title of this Resolution. Hereinafter in this Resolution, the subject
Municipal Code Amendment is referred to as "the application".
2. On September 27, 2017, the Planning Commission of the City of Rancho Cucamonga
conducted a noticed public hearing on the application and concluded said hearing on that date.
3. All legal prerequisites prior to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning
Commission of the City of Rancho Cucamonga as follows:
1. This Commission 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 Planning Commission during
the above -referenced public hearing on September 27, 2017, including written and oral staff
reports, together with public testimony, this Commission hereby specifically finds as follows:
a. The City desires to adopt the following changes to Title 17 of the Municipal Code
in order to (i) clarify landscape standards in residential parkways; (ii) formally adopt by reference
the updated State Model Water Efficient Landscape Ordinance (MWELO); and (iii) conditionally
permit indoor amusement and entertainment uses within IP and GI zoning districts; and
b. The changes proposed to Title 17 (Development Code) in the amendment are
consistent with the General Plan goals, policies and implementation programs. General Plan
Policy LU -10.3 promotes low water usage, and emphasizes fire -safe defensible space. By
allowing turf alternatives in residential parkways, the amount of water needed in residential
landscapes is reduced. General Plan Policy LU -10.1 promotes the implementation of the City's
Water Efficiency Ordinance and encourages regular review and update. Adopting the State
MWELO keeps the ordinance up to date with the latest in water use efficiency standards. General
Plan Policy LU -3.2 encourages a mix of retail, service, industrial and manufacturing, and
professional uses that create diverse, well -paying employment opportunities. Adding indoor
entertainment and recreation uses to the IP and GI zones provides additional flexibility to allow
for new uses that are compatible with these zones; however, by allowing it only as a conditionally
Affar_hmpnt 3
PLANNING COMMISSION RESOLUTION NO.17-83
MUNICIPAL CODE AMENDMENT DRC2017-00726- CITY OF RANCHO CUCAMONGA
September 27, 2017
Page 2
permitted use, the City will review each one proposed for suitability to avoid conflict with
surrounding uses.
3. The 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. Pursuant to CEQA Guidelines Section 15061(b)(3), where it can be seen with
certainty that there is no possibility that the project, to amend the municipal code to (i) clarify
standards for the use of turf alternative landscape materials in residential parkways; (ii) formally
adopt the updated State Model Water Efficient Landscape Ordinance (MWELO); and (iii)
conditionally permit indoor amusement and entertainment uses within IP and GI zones will have
a significant effect on the environment. The project will not result in a permanent alteration of
property nor the construction of any new or expanded structures. The proposed modifications to
landscape standards in residential parkways and the revised MWELO will implement policies and
procedures to ensure that water resources are conserved by reducing water consumption through
the planning, designing, installing, maintaining and managing of water -efficient landscapes. The
addition of indoor amusement and entertainment uses to the IP and GI zoning districts does not
propose any physical change to the environment itself. The amendment only revises the land use
regulation that applies to where indoor amusement and entertainment uses are allowed. It does
not permit nor allow the construction of any new locations. Applications for indoor amusement
and entertainment uses will be reviewed for CEQA compliance under a separate Conditional Use
Permit application. The applicant may be required to submit environmental studies that analyzes
the impact(s) (if any) to, for example, air quality, biological resources, cultural resources, noise
levels, and transportation/traffic caused by the site-specific project. On a case-by-case review of
each project, the appropriate environmental document will be prepared to address project -specific
impacts. Therefore, this project will not have a significant effect on the environment.
4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above,
this Commission hereby recommends that the City Council approve Municipal Code Amendment
DRC2017-00726 as indicated in Attachment A incorporated herein by this reference.
5. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 27TH DAY OF SEPTEMBER 2017.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
ATTEST:
rancisco Oaxaca, Chairman
Candyce rnett, Secretary
P361
P362
PLANNING COMMISSION RESOLUTION NO.17-83
MUNICIPAL CODE AMENDMENT DRC2017-00726- CITY OF RANCHO CUCAMONGA
September 27, 2017
Page 3
I, Candyce Burnett, Secretary of the Planning Commission for the City of Rancho Cucamonga,
do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and
adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of
the Planning Commission held on the 27th day of September 2017, by the following vote -to -wit:
AYES: COMMISSIONERS: FLETCHER, MACIAS, MUNOZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: OAXACA, WIMBERLY
ABSTAIN: COMMISSIONERS: NONE
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA,
AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE
MODIFYING PARKWAY LANDSCAPING REQUIREMENTS,
ADOPTING THE STATE MODEL WATER EFFICIENT
LANDSCAPING ORDINANCE, AND MODIFYING CONDITIONALLY
PERMITTED ZONES FOR INDOOR ENTERTAINMENT AND
AMUSEMENT USES, AND MAKING FINDINGS IN SUPPORT
THEREOF
A. Recitals.
1. The City of Rancho Cucamonga has prepared Municipal Code Amendment DRC2017-
00726, as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject
Municipal Code Amendment is referred to as "the application".
2. On September 27, 2017, the Planning Commission of the City of Rancho Cucamonga
conducted a duly noticed public hearing with respect to the above referenced Municipal Code
Amendment and, following the conclusion thereof, adopted its Resolution No. 07-83,
recommending that the City Council of the City of Rancho Cucamonga adopt said Ordinance.
3. On October 18, 2017, the City Council of the City of Rancho Cucamonga conducted a
duly noticed public hearing on the application.
4. All legal prerequisites prior to the adoption of this Ordinance have occurred.
B. Ordinance.
The City Council of the City of Rancho Cucamonga does ordain as follows:
SECTION 1: This City Council hereby specifically finds that all the facts set forth in the
Recitals, Part A, of this Ordinance are true and correct.
SECTION 2: Based upon substantial evidence presented to the City Council during the
above -referenced public hearing on October 18, 2017, including written and oral staff reports,
together with public testimony, the City Council hereby specifically finds as follows:
a. The City desires to adopt the following changes to Title 17 of the Municipal
code in order to (i) clarify landscape standards in residential parkways; (ii) formally adopt by
reference the updated State Model Water Efficient Landscape Ordinance (MWELO); and (iii)
conditionally permit indoor amusement and entertainment uses within IP and GI zoning districts;
and
b. The changes proposed to Title 17 (Development Code) in the amendment are
consistent with the General Plan goals, policies and implementation programs. General Plan
Policy LU -10.3 promotes low water usage, and emphasizes fire -safe defensible space. By
allowing turf alternatives in residential parkways, the amount of water needed in residential
landscapes is reduced. General Plan Policy LU -10.1 promotes the implementation of the City's
Water Efficiency Ordinance and encourages regular review and update. Adopting the State
Ordinance No. xxx — Page 1 of 4
ATTACHMENT A
P363
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MWELO keeps the ordinance up to date with the latest in water use efficiency standards.
General Plan Policy LU -3.2 encourages a mix of retail, service, industrial and manufacturing,
and professional uses that create diverse, well -paying employment opportunities. Adding indoor
entertainment and recreation uses to the IP and GI zones provides additional flexibility to allow
for new uses that are compatible with these zones; however, by allowing it only as a
conditionally permitted use, the City will review each one proposed for suitability to avoid conflict
with surrounding uses; and
c. 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. Pursuant to CEQA Guidelines Section 15061(b)(3), where it can be seen with
certainty that there is no possibility that the project, to amend the municipal code to (i) clarify
standards for the use of turf alternative landscape materials in residential parkways; (ii) formally
adopt the updated State Model Water Efficient Landscape Ordinance (MWELO); and (iii)
conditionally permit indoor amusement and entertainment uses within IP and GI zones will have
a significant effect on the environment. The project will not result in a permanent alteration of
property nor the construction of any new or expanded structures. The proposed modifications to
landscape standards in residential parkways and the revised MWELO will implement policies
and procedures to ensure that water resources are conserved by reducing water consumption
through the planning, designing, installing, maintaining and managing of water -efficient
landscapes. The addition of indoor amusement and entertainment uses to the IP and GI zoning
districts does not propose any physical change to the environment itself. The amendment only
revises the land use regulation that applies to where indoor amusement and entertainment uses
are allowed. It does not permit nor allow the construction of any new locations. Applications for
indoor amusement and entertainment uses will be reviewed for CEQA compliance under a
separate Conditional Use Permit application. The applicant may be required to submit
environmental studies that analyzes the impact(s) (if any) to, for example, air quality, biological
resources, cultural resources, noise levels, and transportation/traffic caused by the site-specific
project. On a case-by-case review of each project, the appropriate environmental document will
be prepared to address project -specific impacts. Therefore, this project will not have a
significant effect on the environment.
SECTION 3: Table 17.30.030-1 of Section 17.30.030 (Allowed land uses and permit
requirements) of Chapter 17.30 (Allowed Land Use by Base Zoning District) of Title 17
(Development Code) is hereby amended as follows:
TABLE 17.30.030-1: ALLOWED LAND USES AND PERMIT REQUIREMENTS
BY BASE ZONING DISTRICT
Land Use/
Zoning District
VL
L
LM
M
MH
H
MU
OP
NC
GC
CC
SC
RRC
CO
IP
GI
MI/HI
HI
OS
HR
FC
UC
Recreation, Resource Preservation, Open Space, Education, and Public Assembly Uses
Indoor Amusement/
Entertainment
Facility
NNNNNNCNCCP
P
P
NCC
N
NNNNN
Ordinance No. xxx — Page 2 of 4
P365
SECTION 4: Section 17.32.020(C)(7) of Chapter 17.32 (Allowed Use Descriptions) of
Title 17 (Development Code), is hereby amended as follows:
7. Indoor amusement/entertainment facility. An establishment providing amusement and
entertainment services in an indoor facility for a fee or admission charge, including but not
limited to, dance halls, ballrooms, bowling alleys, ice skating, roller skating, laser tag, rock
climbing, inflatable playgrounds, trampoline parks, escape room venues and electronic game
arcades, as primary uses. Four or more electronic games or coin-operated amusements in any
establishment, or premises where 50 percent or more of the floor area is occupied by
amusement devices, are considered an amusement device arcade as described above; three or
less machines are not considered a land use separate from the primary use of the site.
SECTION 5: Section 17.56.070(D) of Chapter 17.56 (Landscaping Standards) of Title
17 (Development Code), is hereby added as follows:
D. Parkway Landscaping. Permitted parkway groundcover landscaping materials and
methods for residential lots are listed below:
1. Low water use plants, excluding cactus, roses and all other plants that contain
sharp, pointed and thorn type plant structures. Plants shall not exceed a height of
18 inches at maturity.
2. Low water use turf alternatives (i.e. groundcovers and grasses).
3. Synthetic turf, provided it meets the requirements of 17.56.050.
4. Decomposed Granite, provided it is installed with a stabilizer in accordance with
City Standards.
5. Gravel may be used as ground cover only if it is '/" in size (i.e. crushed stone)
and is not smooth (i.e. pea gravel or river rock).
6. Mulch or bark may be used as a ground cover.
7. Mulch, bark or gravel must be installed just below the curb, to prevent migration
of material to the sidewalk or street.
8. The installation of turf alternatives shall not cause negative impact to existing
trees within the parkway. A tree root protection zone of five to six feet from the
trunk shall be maintained at all times.
9. All trees within the parkway shall be irrigated properly to ensure the life of the
tree.
SECTION 6: Chapter 17.82 (Water Efficient Landscaping) of Title 17 (Development
Code) of the Rancho Cucamonga Municipal Code is deleted in its entirety and replaced as
follows:
"CHAPTER 17.82 WATER EFFICIENT LANSCAPING
Section 17.82.010: Purpose.
Section 17.82.020: State Model Water Efficient Landscape Ordinance.
17.94.010 Purpose.
The purpose of this chapter is to ensure the design, installation and maintenance of
landscapes in the City meet the requirements of the State of California's Model Water Efficient
Landscape Ordinance (MWELO).
Ordinance No. xxx — Page 3 of 4
P366
17.94.020 State Model Water Efficient Landscape Ordinance
A. The City adopts the State of California's MWELO, which is found in Sections
490-495 of Chapter 2.7, Division 2, Title 23 of the California Code of Regulations."
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.
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.
Ordinance No. xxx — Page 4 of 4
ORDINANCE NO. 922
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA,
AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE
MODIFYING PARKWAY LANDSCAPING REQUIREMENTS,
ADOPTING THE STATE MODEL WATER EFFICIENT LANDSCAPING
ORDINANCE, AND MODIFYING CONDITIONALLY PERMITTED
ZONES FOR INDOOR ENTERTAINMENT AND AMUSEMENT USES,
AND MAKING FINDINGS IN SUPPORT THEREOF
A. Recitals.
1. The City of Rancho Cucamonga has prepared Municipal Code Amendment DRC2017-
00726, as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject
Municipal Code Amendment is referred to as "the application".
2. On September 27, 2017, the Planning Commission of the City of Rancho Cucamonga
conducted a duly noticed public hearing with respect to the above referenced Municipal Code
Amendment and, following the conclusion thereof, adopted its Resolution No. 07-83,
recommending that the City Council of the City of Rancho Cucamonga adopt said Ordinance.
3. On October 18, 2017, the City Council of the City of Rancho Cucamonga conducted a
duly noticed public hearing on the application.
4. All legal prerequisites prior to the adoption of this Ordinance have occurred.
B. Ordinance.
The City Council of the City of Rancho Cucamonga does ordain as follows:
SECTION 1: This City Council hereby specifically finds that all the facts set forth in the
Recitals, Part A, of this Ordinance are true and correct.
SECTION 2: Based upon substantial evidence presented to the City Council during the
above -referenced public hearing on October 18, 2017, including written and oral staff reports,
together with public testimony, the City Council hereby specifically finds as follows:
a. The City desires to adopt the following changes to Title 17 of the Municipal Code
in order to (i) clarify landscape standards in residential parkways; (ii) formally adopt by reference
the updated State Model Water Efficient Landscape Ordinance (MWELO); and (iii) conditionally
permit indoor amusement and entertainment uses within IP and GI zoning districts; and
b. The changes proposed to Title 17 (Development Code) in the amendment are
consistent with the General Plan goals, policies and implementation programs. General Plan
Policy LU -10.3 promotes low water usage, and emphasizes fire -safe defensible space. By
allowing turf alternatives in residential parkways, the amount of water needed in residential
landscapes is reduced. General Plan Policy LU -10.1 promotes the implementation of the City's
Water Efficiency Ordinance and encourages regular review and update. Adopting the State
MWELO keeps the ordinance up to date with the latest in water use efficiency standards. General
Plan Policy LU -3.2 encourages a mix of retail, service, industrial and manufacturing, and
Ordinance No. 922 — Page 1 of 4
Attachment 4
P367
P368
professional uses that create diverse, well -paying employment opportunities. Adding indoor
entertainment and recreation uses to the IP and GI zones provides additional flexibility to allow
for new uses that are compatible with these zones; however, by allowing it only as a conditionally
permitted use, the City will review each one proposed for suitability to avoid conflict with
surrounding uses; and
c. 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. Pursuant to CEQA Guidelines Section 15061(b)(3), where it can be seen with
certainty that there is no possibility that the project, to amend the Municipal Code to (i) clarify
standards for the use of turf alternative landscape materials in residential parkways; (ii) formally
adopt the updated State Model Water Efficient Landscape Ordinance (MWELO); and (iii)
conditionally permit indoor amusement and entertainment uses within IP and GI zones will have
a significant effect on the environment. The project will not result in a permanent alteration of
property nor the construction of any new or expanded structures. The proposed modifications to
landscape standards in residential parkways and the revised MWELO will implement policies and
procedures to ensure that water resources are conserved by reducing water consumption through
the planning, designing, installing, maintaining and managing of water -efficient landscapes. The
addition of indoor amusement and entertainment uses to the IP and GI zoning districts does not
propose any physical change to the environment itself. The amendment only revises the land use
regulation that applies to where indoor amusement and entertainment uses are allowed. It does
not permit nor allow the construction of any new locations. Applications for indoor amusement
and entertainment uses will be reviewed for CEQA compliance under a separate Conditional Use
Permit application. The applicant may be required to submit environmental studies that analyze
the impact(s) (if any) to, for example, air quality, biological resources, cultural resources, noise
levels, and transportation/traffic caused by the site-specific project. On a case-by-case review of
each project, the appropriate environmental document will be prepared to address project -specific
impacts. Therefore, this project will not have a significant effect on the environment.
SECTION 3: Table 17.30.030-1 of Section 17.30.030 (Allowed land uses and permit
requirements) of Chapter 17.30 (Allowed Land Use by Base Zoning District) of Title 17
(Development Code) is hereby amended as follows:
TABLE 17.30.030-1: ALLOWED LAND USES AND PERMIT REQUIREMENTS
BY BASE ZONING DISTRICT
Land Use/
Zoning District
VL
L
LM
M
MH
H
MU
OP
NC
GC
CC
SC
RRC
CO
IP
GI
MI/HI
HI
OS
HR
FC
UC
Recreation, Resource Preservation, Open S
ace, Education, and Public Assembly Uses
Indoor Amusement/
Entertainment
Facility
NNNNNNCNCCPP
P
NCC
N
NNNNN
SECTION 4: Section 17.32.020(C)(7) of Chapter 17.32 (Allowed Use Descriptions) of
Title 17 (Development Code), is hereby amended as follows:
Ordinance No. 922 — Page 2 of 4
P369
7. Indoor amusement/entertainment facility. An establishment providing amusement and
entertainment services in an indoor facility for a fee or admission charge, including but not limited
to, dance halls, ballrooms, bowling alleys, laser tag, inflatable playgrounds, trampoline parks,
escape room venues and electronic game arcades, as primary uses. Four or more electronic
games or coin-operated amusements in any establishment, or premises where 50 percent or
more of the floor area is occupied by amusement devices, are considered an amusement device
arcade as described above; three or less machines are not considered a land use separate from
the primary use of the site.
SECTION 5: Section 17.56.070(D) of Chapter 17.56 (Landscaping Standards) of Title
17 (Development Code), is hereby added as follows:
D. Parkway Landscaping. Permitted parkway groundcover landscaping materials and
methods for residential lots are listed below:
1. Low water use plants, excluding cactus, roses and all other plants that contain
sharp, pointed and thorn type plant structures. Plants shall not exceed a height of
18 inches at maturity.
2. Low water use turf alternatives (i.e. groundcovers and grasses).
3. Synthetic turf, provided it meets the requirements of 17.56.050.
4. Decomposed Granite, provided it is installed with a stabilizer in accordance with
City Standards.
5. Gravel may be used as ground cover only if it is 3/4" in size (i.e. crushed stone) and
is not smooth (i.e. pea gravel or river rock).
6. Mulch or bark may be used as a ground cover.
7. Mulch, bark or gravel must be installed just below the curb, to prevent migration of
material to the sidewalk or street.
8. The installation of turf alternatives shall not cause negative impact to existing trees
within the parkway. A tree root protection zone of five to six feet from the trunk
shall be maintained at all times.
9. All trees within the parkway shall be irrigated properly to ensure the life of the tree.
SECTION 6: Chapter 17.82 (Water Efficient Landscaping) of Title 17 (Development
Code) of the Rancho Cucamonga Municipal Code is deleted in its entirety and replaced as follows:
"CHAPTER 17.82 WATER EFFICIENT LANSCAPING
Section 17.82.010: Purpose.
Section 17.82.020: State Model Water Efficient Landscape Ordinance.
17.94.010 Purpose.
The purpose of this chapter is to ensure the design, installation and maintenance of
landscapes in the City meet the requirements of the State of California's Model Water Efficient
Landscape Ordinance (MWELO).
17.94.020 State Model Water Efficient Landscape Ordinance
A. The City adopts the State of California's MWELO, which is found in Sections 490-
495 of Chapter 2.7, Division 2, Title 23 of the California Code of Regulations."
Ordinance No. 922 — Page 3 of 4
P370
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.
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.
Ordinance No. 922 — Page 4 of 4
STAFF REPORT
DATE: October 18, 2017
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Jason C. Welday, Director of Engineering Services/City EngineerC�
Fred Lyn, Utilities Division Manager
SUBJECT: CONSIDERATION OF A POWER PURCHASE AGREEMENT FOR RENEWABLE
RESOURCES WITH ANTELOPE EXPANSION 3B, LLC FOR THE PURCHASE OF
5 MEGAWATTS OF SOLAR PHOTOVOLTAIC ENERGY AND AUTHORIZING THE
CITY MANAGER TO SIGN THE AGREEMENT
RECOMMENDATION:
Staff recommends that the City Council approve the subject Power Purchase Agreement (PPA) with
Antelope Expansion 3B, LLC. to purchase a total of 5 Megawatts of renewable energy and capacity from
the proposed Antelope Expansion 3B Solar photovoltaic project, located in Lancaster, California and
authorize the City Manager to sign the PPA and any related documents.
BACKGROUND:
On December 21, 2011, the City Council approved Resolution No. 11-183, establishing a Renewable
Portfolio Standard (RPS) for the Rancho Cucamonga Municipal Utility (RCMU) pursuant to California
Senate Bill (SB) X1-2, where 33 percent of a publicly owned electric utility's portfolio must be eligible
renewables by 2020. In October 2015, Governor Edmund G. Brown, Jr. signed into law SB 350, which
requires retail sellers and publicly owned utilities to procure 50 percent of their electricity from eligible
renewable energy resources by 2030.
Most recently in 2017, the California Legislature introduced another Bill (SB 100) that would have further
revise the State's RPS regulations so that 100 percent of its electricity would need to come from eligible
renewable resources by 2045. SB 100 is now a two-year bill and will be debated at the next legislative
session.
ANALYSIS:
In May 2016, RCMU and the City of Moreno Valley Electric Utility (MVU) issued a Request For Proposal
(RFP) for long term renewable resources and five proposals were received. The two utilities entered into
a one year long negotiation for the purchase of solar energy with the Sustainable Power Group (S Power)
based on price and project location. Solar energy currently dominates the renewable supply in California
due to pricing and location.
The proposed Antelope Expansion 3B Solar Photovoltaic (PV) project (Solar Project) is a 20 Megawatt
(MW) solar photovoltaic generating facility located in the City of Lancaster in Los Angeles County with a
contract term for 20 years with a purchase option at the end of 20 years. The contract price for energy from
the project is $36.87 per MWh, fixed over the life of the contract, including Local Resource Adequacy (RA),
which is a mandatory planning and procurement process to ensure resources are secured by load serving
entities to meet the California Independent System Operator's (CAISO's) forecast needs. The expected
commercial operation date of the Solar Project is December 1, 2020. The Solar Project was one of the
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CITY COUNCIL STAFF REPORT — PURCHASE AGREEMENT — ANTELOPE EXPANSION 3B
October 18, 2017
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submitted projects from the RFP determined to be most competitively priced and highly viable. RCMU's
entitlement for this Solar Project will be 25% or a 5 MW share of the project, while its project partner, MVU
will have a 75% entitlement, which is a 15 MW share of the project.
Some of the benefits associated with this Solar Project include:
Category 1 Resource/Proximity to Load:
• The project is located in Los Angeles County, which is relatively close to RCMU's service area. It
interconnects directly to the CAISO and will qualify for Portfolio Content Category 1 under the
State's RPS requirements and have Local RA capacity.
Portfolio Fit:
• The project size is a good match for RCMU's renewable energy requirements. It is small enough
to fit RCMU's portfolio but large enough to make a significant impact in meeting RCMU's RPS
requirements.
• Solar PV typically produces energy during the hours when RCMU's peak loads are occurring, so
production aligns well with RCMU's load demand.
Viability:
• The project has completed several important milestones, such as site control, transmission
interconnection studies, and environmental studies and permits have already been achieved;
completion of interconnection agreement with CAISO is a guaranteed milestone.
• The project developer, S Power is very experienced and credible, with several utility -scale solar
projects already operating and under construction, including the Antelope 1 and 2 project from
which some of the Southern California Public Power Authority members are taking output.
• Solar PV is a proven renewable technology, with minimal development risk and numerous utility
scale projects operating worldwide for many years.
• Guaranteed Energy Production of 80% per year averaged over two years.
Cost:
• The contract price is $36.87 per MWh fixed over the twenty (20) year contract term after the
commercial operation date. The contract price for this project is significantly less than RCMU's most
recent renewable energy PPA approved in June 2014.
• The ability to achieve economies of scale by partnering with another electric utility for this project.
• RCMU will pay only for the energy that is delivered at the fixed price. Since this is a PPA, RCMU
will not have ownership in the project and will not incur any capital expenditures.
Some of the risks associated with this Solar Project include:
• The energy output can be variable due to the intermittency of solar PV, cloud cover and other
weather conditions.
• Like all other long-term commitments, the proposed agreement carries financial and compliance
risks. The risks are primarily related to the possibility that: (1) future alternative renewable
resources may have a lower price and/or (2) the Solar Project does not produce the output as
expected.
• Excess energy conditions are projected to occur more often as more utility scale solar comes on
line due to limited ability to shape energy out of the peak afternoon production periods, which may
lead to generation curtailments due to excess solar generation.
Page 2 of 3
CITY COUNCIL STAFF REPORT — PURCHASE AGREEMENT — ANTELOPE EXPANSION 3B
October 18, 2017
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• This Solar Project's term is for 20 years. The City Council adopted an Energy Risk Management
Policy on April 18, 2012 indicating a maximum term of any supply resource transaction (purchase
or sale) should be 10 years, unless specifically approved by the City Council. The longer term
provides a predictable fixed rate for RCMU's renewable energy needs and will meet RCMU's
long-term portfolio planning objectives.
The Solar Project agreement is for energy, capacity and environmental attributes, including Local RA from
the Solar Project. The annual contract quantity for RCMU is estimated to be approximately 14,951 MWh
of energy in the project's first year of operation. This contract is expected to provide 15% of RCMU's total
annual energy Toad requirements in 2020, allowing RCMU to meet and exceed the State's RPS
requirements.
RCMU staff and RCMU's outside legal counsel, Braun, Blaising, McLaughlin and Smith (BBMS) have
negotiated the attached PPA between the participants and S Power. BBMS has also reviewed the PPA
and indicated no objections to the proposed agreement.
RCMU strives to procure adequate and eligible supplies of renewable energy resources to meet the
procurement targets and portfolio content categories as set forth in the City's RPS Procurement Plan.
Consistent with the Plan, approval of the Antelope 3 Expansion Solar Project will help RCMU achieve
regulatory compliance as well as meet RPS goals in a cost-effective manner.
FISCAL IMPACT:
The approval of the Solar Project's Power Purchase Agreement with Antelope Expansion 3B, LLC would
result in RCMU paying $36.87/MWh in solar renewable energy. With a 20 year levelized MWh, this would
be approximately $517,000 per year.
COUNCIL GOAL ADDRESSED:
The approval of the Power Purchase Agreement will enhance the City's position as the premier community
in our region by expanding the use of renewable energy resources within RCMU's service area.
ATTACHMENTS:
Attachment 1 - Power Purchase Agreement for Renewable Resources
Page 3 of 3
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POWER PURCHASE AGREEMENT
FOR
RENEWABLE RESOURCES
BETWEEN
Rancho Cucamonga
AND
Antelope Expansion 3B, LLC
[Date]
ATTACHMENT 1
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TABLE OF CONTENTS
Page
1. DEFINITIONS 1
2. TERM; POWER PURCHASE AND SALE 17
2.1 Term 17
2.2 Purchase and Sale of the Product 17
2.3 Payment. 19
2.4 Curtailment 21
2.5 Contract Price. 21
2.6 Excess Quantity. 22
2.7 CAISO Costs 23
2.8 Buyout Option. 24
2.9 Market Events 24
3. CAPACITY ATTRIBUTES, ENVIRONMENTAL ATTRIBUTES AND TAX
ATTRIBUTES 24
3.1 Capacity Attributes. 24
3.2 Environmental Attributes. 27
3.3 Change in Law. 29
3.4 Tax Attributes. 30
4. MINIMUM ENERGY GUARANTEES 31
4.1 Guaranteed Energy Production 31
5. DELIVERY SCHEDULES AND EMERGENCIES 32
5.1 Scheduling. 32
5.2 Annual Forecast of Delivery Schedules. 33
5.3 Monthly Forecast of Delivery Schedules. 33
5.4 Daily Delivery Forecasts and Schedules. 33
5.5 Hourly or Sub -Hourly Delivery Schedules. 34
5.6 Forecast. 34
5.7 Emergency and Other Involuntary Curtailment. 35
6. OPERATION AND MAINTENANCE 35
6.1 Operating Standards. 35
6.2 Commercial Operation Date 35
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TABLE OF CONTENTS
(continued)
Page
6.3 Maintenance Outage. 36
6.4 Buyer's Access Rights. 38
7 MILESTONES 38
7.1 Milestones. 38
7.2 Force Majeure Extension. 39
7.3 GSI Extension. 40
7.4 Daily Delay Damages 40
8. METERING 41
8.1 Meter and Transformer. 41
8.2 CAISO Standards 42
8.3 Testing, Audit, and Calibration. 42
8.4 Inaccurate Meter. 43
9. BILLING AND PAYMENT 43
9.1 Billing Period. 43
9.2 Monthly Invoice Calculation 43
9.3 Method and Time of Payment. 43
9.4 Examination and Correction of Invoices; Disputes. 44
9.5 Non -Delivery of Invoices. 44
9.6 Record -Keeping. 44
9.7 Timeliness of Payment. 45
9.8 Right to Set Off 45
9.9 Contract Representative 45
10. CREDIT REQUIREMENTS 45
10.1 Development Period Security. 45
10.2 Delivery Period Security. 46
10.3 Letters of Credit 46
10.4 Return of Letters of Credit. 47
10.5 Grant of Security Interest/Remedies. 47
10.6 Substitution of Development Period Security and Delivery Period
Security. 48
ii
P377
TABLE OF CONTENTS
(continued)
Page
11. FORCE MAJEURE 48
11.1 Force Majeure Definition. 48
11.2 Force Majeure Procedure 50
12. EVENTS OF DEFAULT 51
12.1 Events of Default. 51
13. TERMINATION; REMEDIES 55
13.1 Remedies. 55
13.2 Settlement Amount Calculations. 57
13.3 Settlement Amount- Seller as Defaulting Party. 58
13.4 Settlement Amount- Buyer as Defaulting Party. 59
13.5 Rights and Obligations Surviving Termination 61
13.6 Limitation of Remedies, Liability and Damages 61
14. REPRESENTATIONS AND WARRANTIES; COVENANTS 61
14.1 Representations and Warranties 61
14.2 Additional Seller Representations, Warranties and Covenants. 63
15. PERFORMANCE REQUIREMENTS 64
15.1 Modifications to Facility. 64
15.2 Interconnection 64
15.3 Assignment. 66
15.4 Collateral Assignment. 66
15.5 Change in Control. 67
15.6 Insurance. 67
15.7 Debt Liability Disclaimer; Hold Harmless 69
15.8 Compliance with Applicable Laws, Including CAISO Interconnection
Standards and the California Environmental Quality Act ("CEQA")
Guidelines. 69
15.9 Decommissioning and Other Costs 69
15.10 Change of CAISO Scheduling Practices. 70
15.11 Taxes. 70
15.12 Confidentiality of Data. 70
15.13 Public Announcements 73
iii
P378
TABLE OF CONTENTS
(continued)
Page
16. MISCELLANEOUS 73
16.1 Counterparts. 73
16.2 Exclusivity. 73
16.3 Title and Risk of Loss. 73
16.4 Indemnities by Seller. 73
16.5 Governing Law; Venue 74
16.6 Waiver of Trial by Jury 74
16.7 Notices. 74
16.8 Joint Effort. 74
16.9 Relationship of the Parties. 75
16.10 No Third Party Beneficiary. 75
16.11 Resolution of Disputes. 75
16.12 Entire Agreement. 76
16.13 Violation of Governmental Approvals. 76
16.14 Dodd -Frank Wall Street Reform and Consumer Protection Act
(DFA). 76
16.15 Standard of Review. 77
16.16 Further Assurances. 78
16.17 Captions; Construction 78
16.18 Forward Contract. 78
iv
P379
TABLE OF CONTENTS
(continued)
Page
EXHIBITS
EXHIBIT A — FORM OF ATTESTATION A-1
EXHIBIT B — [RESERVED] B-1
EXHIBIT C — CONTRACT QUANTITY C-1
EXHIBIT D — PAYMENT AND CONTACT INFORMATION D-1
EXHIBIT E — SELLER'S MILESTONE SCHEDULE E-1
EXHIBIT F — FACILITY AND SITE DESCRIPTION F-1
EXHIBIT G — FORM OF CONSENT AND AGREEMENT G-1
EXHIBIT H — QUALIFIED OPERATORS H-1
EXHIBIT I — FORM OF PERFORMANCE BOND 1-1
EXHIBIT J — BUYOUT OPTION J-1
EXHIBIT K — NEGATIVE PRICE CURTAILMENT PROTOCOL K-1
EXHIBIT L — SAMPLE CALCULATION OF AMOUNTS DUE FOR EACH
SETTLEMENT INTERVAL FOR PURPOSES OF
CALCULATING THE MONTHLY PAYMENT L-1
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THIS POWER PURCHASE AGREEMENT FOR RENEWABLE RESOURCES (the
"Agreement") is entered into as of the Execution Date defined herein by and between
Rancho Cucamonga ("Buyer") and Antelope Expansion 3B, LLC ("Seller").
RECITALS
1. Seller intends to develop, finance, build, own and operate a solar
photovoltaic electric generating facility which shall obtain a Full Capacity
Deliverability Status Finding from the CAISO as described herein and be
located at the Site.
2. Buyer is a municipal utility governed by the City of Rancho Cucamonga,
by and through its Council, which has all powers necessary and
appropriate to a municipal corporation, including, but not limited to, the
authority granted by the City Charter, Article XI, Section 9(a) of the
California Constitution, California Government Code Section 39732 and
California Public Utilities Code Section 10002, to establish, purchase, and
operate public works to furnish its inhabitants with electrical power. Under
this authority, Buyer is engaged in the business of delivering electricity to
its residential and commercial customers in Rancho Cucamonga,
California, and buying electricity with the intention of routinely taking
physical delivery.
3. Buyer wishes to purchase the output from the Facility to meet Buyer's
needs at a known price and timing and intends to resell related output to
its residential and commercial customers.
4. Buyer is willing to purchase, and Seller is willing to sell, the output of the
Facility, on the terms and conditions and at the prices set forth in this
Agreement.
Now, therefore, in consideration of the covenants and conditions contained
herein, the Parties agree as follows:
1. DEFINITIONS
The following rules of interpretation shall apply, unless otherwise required by the
context in which any term appears: (i) Capitalized terms used in this Agreement shall
have the meanings specified in this section; (ii) Terms defined in the singular shall
include the plural and vice versa; (iii) References to "Sections" and "Exhibits" shall be to
sections or exhibits hereof; (iv) All references to a particular entity shall include a
reference to such entity's successors and permitted assigns; (v) The words "herein,"
"hereof," and "hereunder" shall refer to this Agreement as a whole and not to any
particular section or subsection hereof; (vi) References to this Agreement shall include a
reference to all appendices and Exhibits hereto, as the same may be amended,
modified, supplemented, or replaced from time to time; (vii) Terms used in the
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masculine shall include the feminine and vice versa; (viii) The term "including," when
used in this Agreement, shall mean to include without limitation; and (ix) The term "day"
when used in this Agreement shall mean a calendar day unless specified otherwise.
Capitalized terms, used but not otherwise defined herein, shall have the meaning
ascribed to them in the CAISO Tariff.
"Accepted Compliance Costs" has the meaning set forth in Section 3.3(d).
"Additional GSI Extension" has the meaning set forth in Section 7.3.
"Affiliate" means, with respect to a Party, any entity that, directly or
indirectly, through one or more intermediaries, controls, or is controlled by,
that Party but not including any Facility Lender. For the purposes of this
definition, "control" (including, with correlative meanings, the terms
"controlled by" and "under common control with"), as used with respect to
any person or entity, means the possession, directly or indirectly, of the
power to direct or cause the direction of the management and policies of
such person or entity, whether through the ownership of voting securities
or by contract or otherwise.
"Affiliate Manager" has the meaning set forth in the Shared Facilities
Agreement to be agreed upon by the Parties pursuant to Section 15.2(a).
"Agreement" means this Agreement together with the Exhibits attached
hereto, as such may be amended from time to time.
"Applicable Laws" means all constitutions, treaties, laws, ordinances,
rules, regulations, interpretations, permits, judgments, decrees,
injunctions, writs and orders of any Governmental Authority that apply to
either or both of the Parties, the Facility or the terms of this Agreement.
"Bankrupt" means, with respect to any entity, such entity (i) files a petition
or otherwise commences, authorizes or acquiesces in the commencement
of a proceeding or cause of action under any bankruptcy, insolvency,
reorganization or similar law, or has any such petition filed or commenced
against it and such case filed against it is not dismissed in ninety (90)
days, (ii) makes an assignment or any general arrangement for the benefit
of creditors, (iii) otherwise becomes bankrupt or insolvent (however
evidenced), (iv) has a liquidator, administrator, receiver, trustee,
conservator or similar official appointed with respect to it or any substantial
portion of its property or assets, or (v) is generally unable to pay its debts
as they become due.
"Billing Period" has the meaning set forth in Section 9.1.
"Binding Milestone Deadline" has the meaning set forth in Section 7.1(a).
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"Binding Milestones" has the meaning set forth in Section 7.1(a).
"BPM" has the meaning set forth in Section 8.1(a).
"Business Day" means any day other than Saturday, Sunday, and any day
that is a holiday observed by Federal Reserve member banks in San
Francisco, California.
"Buyer" has the meaning set forth in the Preamble.
"Buyer Purchase Damages" has the meaning set forth in Section 13.3(a).
"CAISO" means the California Independent System Operator Corporation
or any successor entity performing similar functions.
"CAISO Cost Share" has the meaning set forth in Section 2.7.
"CAISO Costs" has the meaning set forth in Section 2.7.
"CAISO Charges Invoice" has the meaning set forth in Section 2.7.
"CAISO Integration Charge Cost Cap" means the maximum dollar amount
of Integration Charges for which Seller is liable and shall equal (a) in any
Contract Year, Three Thousand Six Hundred Dollars ($3,600) per MW of
Installed Contract Capacity, and (b) during the Delivery Period, an
aggregate of Seventy -Two Thousand Dollars ($72,000) per MW of
Installed Contract Capacity.
"CAISO Revenue Meter" has the meaning set forth in Section 8.1(a).
"CAISO Tariff' means the CAISO tariff in effect upon the Execution Date
and as amended from time to time.
"California RPS" means the State of California Renewable Portfolio
Standard Program codified in California Public Utilities Code Sections
399.11 through 399.32 and California Public Resources Code Sections
25740 through 25751, as such provisions are amended or supplemented
from time to time.
"Capacity Attributes" means any and all current or future defined
characteristics (including the ability to generate at a given capacity level,
provide ancillary services, and ramp up or ramp down at a given rate),
certificates, tags, credits, or ancillary service attributes, or accounting
constructs, however entitled, or other attribute of the Facility, attributed to
or associated with the Facility or any unit of generating capacity of the
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Facility throughout the Delivery Period, so that the maximum amount of
Contract Quantity of the Facility may be counted toward a Resource
Adequacy requirement by the CPUC, the CAISO, the FERC, or any other
entity invested with the authority under Applicable Law, to require Buyer to
procure, or to procure at Buyer's expense, Resource Adequacy or other
such products.
"CEC" means the California Energy Commission.
"CEQA" means the California Environmental Quality Act (Cal. Pub. Res.
Code, section 21000 et seq.) and the CEQA Guidelines, as amended from
time to time.
"Change in Control" means the occurrence, whether voluntary or by
operation of law and whether in a single transaction or in a series of
related transactions, following which the Ultimate Parent Entity directly or
indirectly no longer (i) remains the owner of at least fifty percent (50%) of
the equity ownership of Seller, or (ii) retains the power to control the
management and policies of Seller; provided, however, that a Change in
Control shall not include any Permitted Transfer.
"Claiming Party" has the meaning set forth in Section 11.2.
"Claims" has the meaning set forth in Section 16.4.
"Commercial Operation Date" or "COD" means the later of (i) December 1,
2020, or (ii) the date commercial operation is achieved as specified in
Section 6.2.
"Compliance Costs" and "Compliance Cost Cap" have the respective
meanings set forth in Section 3.3(b).
"Construction Permits" means all permits required for construction of the
Facility.
"Contract Price" means $36.87/MWh during the Delivery Term. The
Contract Price for Test Energy shall be $21.75/MWh plus $10/MWh for
each WREGIS Certificate associated with such Test Energy delivered to
Buyer.
"Contract Quantity" means the quantity of Energy expected to be delivered
by Seller from the Facility to Buyer at the Delivery Point as set forth in
Exhibit C.
"Contract Year" means each year beginning on January 1 and ending on
December 31 of such year; provided, however, that the first Contract Year
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shall commence on the Commercial Operation Date and end on the
following December 31, and that the last Contract Year shall commence
on January 1 and end on the last day of the Delivery Period.
"Costs" means, with respect to the Non -Defaulting Party, (a) brokerage
fees, commissions and other similar third party transaction costs and
expenses reasonably incurred by such Party in entering into new
arrangements necessitated by an Event of Default, and (b) all reasonable
attorneys' fees and expenses incurred by the Non -Defaulting Party in
connection with such new arrangements.
"CPUC" means the California Public Utilities Commission.
"Credit Rating" means, with respect to any entity, the rating then assigned
to such entity's unsecured, senior long-term debt obligations (not
supported by third -party credit enhancements) or if such entity does not
have a rating for its senior unsecured long-term debt, then the rating then
assigned to such entity as an issues rating by the Rating Agencies.
"CSPV" has the meaning set forth in Section 7.3.
"Daily Delay Damages" has the meaning set forth in Section 7.4.
"Damage Payment" means (a) the Development Period Security Tess
(b) amounts collected by Buyer (either as draw downs of Development
Period Security or payments by Seller) in connection with any delays
pursuant to Section 7.4.
"Day -Ahead" shall have the meaning set forth in the CAISO Tariff.
"Day -Ahead Market" shall have the meaning set forth in the CAISO Tariff.
"Day -Ahead Schedule" has the meaning set forth in Section 5.4(a).
"Defaulting Party" has the meaning set forth in Section 12.1.
"Delivery Period" means the period commencing on COD and ending at
midnight on the last day of the calendar month twenty (20) years from the
month of the COD.
"Delivery Period Damage Payment" means (a) the Delivery Period
Security less (b) amounts collected by Buyer either as draw downs on
Delivery Period Security or payments by Seller in connection with
reductions in delivery of the Contract Quantity as described in
Section 4.1(b).
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"Delivery Period Security" has the meaning set forth in Section 10.2(a).
"Delivery Point" means the PNode corresponding to the Point of
Interconnection or some other point as agreed to in writing by the Parties.
"Development Period Security" has the meaning set forth in
Section 10.1(a).
"Dodd -Frank Act" or "DFA" has the meaning set forth in Section 16.14.
"Early Termination Date" has the meaning set forth in Section 13.1(a).
"Economic Dispatch Down" means curtailment of delivery of Product from
the Project that is the result of economic curtailment where Buyer (as the
Scheduling Coordinator) or a third party Scheduling Coordinator (in
accordance with Buyer's directions) either submits a self -schedule with a
binding Product quantity or an economic bid in the applicable CAISO
market or fails to submit any such schedule or bid, in either case, that
when implemented by the CAISO results in an otherwise available Product
quantity not being scheduled or awarded in such CAISO market and such
curtailment is not concurrently the result of a Planned Outage, Forced
Outage, Force Majeure, System Dispatch Down, and/or CAISO fault.
"Eligible Renewable Energy Resource" or "ERR" has the meaning set forth
in California Public Utilities Code Section 399.12, as may be amended.
"Energy" means electrical energy in MWh that is produced by the Facility
and delivered by Seller.
"Environmental Attributes" mean any and all current or future credits,
benefits, emissions reductions, Renewable Energy Credits, offsets, and
allowances, howsoever entitled, attributed to capacity and Energy
generated at the Facility and its avoided emissions of pollutants, including:
(a) Any avoided emissions of pollutants to the air, soil or water such as
sulfur oxides (SOx), nitrogen oxides (NOx), carbon monoxide (CO)
and other pollutants;
(b) Any avoided emissions of carbon dioxide (CO2), methane (CH4),
nitrous oxide, hydrofluorocarbons, perfluorocarbons, sulfur
hexafluoride and other greenhouse gases (GHGs) that have been
determined by any applicable Governmental Authority or
association of governmental representatives, such as, but not
limited to, the United Nations Intergovernmental Panel on Climate
Change, to contribute to the actual or potential threat of altering the
Earth's climate by trapping heat in the atmosphere (avoided
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emissions may or may not have any value for GHG compliance
purposes; although avoided emissions are included in the list of
Environmental Attributes, the inclusion does not create any right to
use those avoided emissions to comply with any GHG regulatory
program); and
(c) The reporting rights to these avoided emissions such as Green Tag
Reporting Rights. Green Tag Reporting Rights are the right of a
Green Tag Purchaser to report the ownership of accumulated
Green Tags in compliance with federal or state law, if applicable,
and to a federal or state agency or any other party at the Green
Tag Purchaser's discretion, and include, without limitation, those
Green Tag Reporting Rights accruing under Section 1605(b) of The
Energy Policy Act of 1992, or as may be amended, and any present
or future federal, state, or local law, regulation or bill, and
international or foreign emissions trading program. Green Tags are
accumulated on kWh basis and one (1) Green Tag represents the
Environmental Attributes associated with one (1) MWh of energy.
Environmental Attributes do not include:
(d) Any Energy, capacity, reliability or other electrical attributes from
the Facility;
(e) Tax Attributes associated with the construction or commercial
operation of the Facility and other financial incentives in the form of
credits, reductions, or allowances associated with the Facility that
are applicable to a state or federal income taxation obligation;
(f)
(g)
Fuel -related subsidies or "tipping fees" that may be paid to a Seller
to accept certain fuels, or local subsidies received by Seller for the
destruction of particular pre-existing pollutants or the promotion of
local environmental benefits; or
Emission reduction credits encumbered or used by the Facility for
compliance with local, state, or federal operating and/or air quality
permits.
"Environmental Attributes Value" means the value of an Environmental
Attribute purchased by Buyer under this Agreement, stated in $/MWh,
determined based on a Renewable Energy Credit pricing index that has
been mutually agreed upon by Seller and Buyer or, if such index is not
available, the value of the Environmental Attributes (stated for a single
Environmental Attribute) as determined by the average of three (3)
nationally recognized broker quotes for Environmental Attributes;
provided, however, that during the period of time the Contract Price is
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reduced pursuant to Section 3.3(d)ii), "Environmental Attributes Value"
shall mean Zero Dollars ($0) per MWh.
"Environmental Impact Report" or "EIR" means the Environmental Impact
Report approved by the City of Lancaster and filed with the State
Clearinghouse in July 2015 (State Clearinghouse No. 2014071077).
"Event of Default" has the meaning set forth in Section 12.1.
"Excess Quantity" has the meaning set forth in Section 2.6(a).
"Execution Date" means the date on which the Agreement has been
executed by the authorized representatives of both Parties.
"Expected Contract Capacity" means the generation capability of the
Facility net at the Point of Interconnection, designated in MW which is
expected to be fifteen (15) MW.
"Facility" means the Seller's electric generating facility, as measured by a
single independent meter, and as described in Exhibit F (as may be
updated from time to time in accordance with Sections 15.1(a) and
15.1(b), together with all materials, equipment systems, structures,
features and improvements used to produce the Product for delivery to
Buyer which, subject to Section 3.3, is certified by the CEC as an ERR.
"Facility Lender" means, collectively, any lenders or other third parties,
including their agents and trustees, providing Seller or its Affiliates with
construction financing, long-term financing or other credit facilities,
including refinancing, in connection with the development, construction or
operation of the Facility. Seller shall identify such Facility Lender through
Notice to Buyer. Facility Lender shall include the Tax Equity Investor.
"FERC" means Federal Energy Regulatory Commission.
"Force Majeure" has the meaning set forth in Section 11.1.
"Force Maieure Extension" has the meaning set forth in Section 7.2.
"Forced Outage" means the removal of service availability, unavailability,
constraint on availability, or reduction of one (1) MW or more of the Facility
or the transmission line serving the Facility if under the Seller's control, for
mechanical or operational (and not purely financial) reasons other than a
Force Majeure or Maintenance Outage.
"Full Capacity Deliverability Status" has the meaning set forth in the
CAISO Tariff.
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"FCDS Finding" means a written confirmation from the CAISO (including
by posting to the CAISO website or inclusion on an NQC list) that the
Project is eligible for FCDS.
"GEP Period" has the meaning set forth in Section 4.1(a).
"Good Industry Practice" means those practices, methods and acts that
would be implemented and followed by prudent builders and operators of
electric generation facilities similar to the Facility in the western United
States during the relevant time period, which practices, methods and acts,
in the exercise of prudent and responsible professional judgment in the
light of the facts known at the time the decision was made, could
reasonably have been expected to accomplish the desired result
consistent with good business practices, reliability and safety, and shall
include, at a minimum, those professionally responsible practices,
methods and acts described in the preceding sentence that comply with
manufacturers' warranties, restrictions in this Agreement, and the
requirements of Governmental Authorities, WECC standards, the CAISO
and Applicable Law. Good Industry Practice is not intended to be the
optimum practice, method or act to the exclusion of all others, but rather is
intended to be any of the practices, methods and/or actions generally
accepted in the region.
"Governmental Approvals" means all CAISO agreements, tariffs and
standards; all applicable interconnection agreements and standards;
NERC and WECC regulations and protocols; and all applicable regulatory
authorizations, consents, approvals, waivers, exceptions, mitigation
measures, variances, filings, permits, orders, licenses, exemptions and
declarations of or with any Governmental Authority and, with respect to
the Seller, shall include those siting and operating permits and licenses,
and any of the foregoing under any applicable environmental law, that are
required for the development, construction, use, improvement, and
continuous lawful operation of the Facility.
"Governmental Authority" means any federal, state, local or municipal
government body; any governmental, quasi -governmental, regulatory or
administrative agency, commission, body or other authority exercising or
entitled to exercise any administrative, executive, judicial, legislative,
policy, regulatory or taxing authority or power; any court or governmental
tribunal; or any independent operator, regional transmission organization
or other regulatory body; in each case having jurisdiction over either Party,
the Facility, the Site, Seller's interconnection facilities, the Transmission
Provider's interconnection facilities, or the Transmission Provider's
transmission system.
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"GSI" has the meaning set forth in Section 7.3.
"Guaranteed Energy Production" or "GEP" has the meaning set forth in
Section 4.1.
"Hourly Metered Quantity" means Metered Quantity delivered in a
particular hour.
"Initial GSI Extension" has the meaning set forth in Section 7.3.
"Initial Negative Interval" has the meaning set forth in Section 2.3(c).
"Initial Negotiation End Date" has the meaning set forth in Section 16.11.
"Installed Contract Capacity" means the generation capability of the
Facility net at the Point of Interconnection, designated in MW, measured
on the Commercial Operation Date.
"Integration Charges" means charges assessed by the CAISO to the
Scheduling Coordinators of solar photovoltaic generators (or other
intermittent generators) for products and/or services implemented after the
date of this Agreement, where the primary need for such products and/or
services is identified by the CAISO as related to the integration of solar
photovoltaic (or other intermittent) energy generation into the CAISO grid
or the management of such energy resources.
"Interconnection Queue Position" means the CAISO-specified order of
Seller's valid request for interconnection relative to all other valid
interconnection requests. The Facility queue number is Q1208.
"Land Use Permits" means all permits required for operation of the
Facility.
"Letter of Credit" means an irrevocable, nontransferable standby letter of
credit issued by a Qualified Issuer, in such form as is reasonably
acceptable to Buyer.
"LMP" shall have the meaning set forth in the CAISO Tariff.
"Load Uplift Obligation" shall have the meaning set forth in the CAISO
Tariff.
"Lost Output" means, in any measurement period, the amount of Product
that the Facility was available to produce and could reasonably have been
expected to deliver, but was not delivered due to (a) Force Majeure;
(b) Buyer Curtailment; (c) an Event of Default where Buyer is the
10
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Defaulting Party that prevented the delivery of Product by Seller
hereunder; or (d) an emergency, any reliability curtailment or other
involuntary order or direction to curtail output of the Facility declared or
delivered, as applicable, by the CAISO or the Transmission Provider. Lost
Output shall be determined pursuant to the procedures set forth in
Section 5.6(b).
"Maintenance Outage" has the meaning set forth in Section 6.3(a) and
shall not include Forced Outages.
"Major Equipment Malfunction" means a non -Force Majeure malfunction,
breakdown, or failure of major equipment at the Facility resulting in a
reduction of Energy production of the Facility by at least fifty percent
(50%) of the applicable Contract Quantity in a Contract Year, and such
malfunction, breakdown, or failure was not caused by Seller and could not
have been avoided through the exercise of Good Industry Practice.
"Material Permits" means all permits required for Commercial Operation of
the Facility.
"Metered Quantity" means all Energy produced from the Facility and
delivered to the Delivery Point as measured in MWh at the Facility's
Revenue Meter as may be adjusted by CAISO market settlements.
"Milestones" or "Milestone Schedule" mean the events set forth in
Section 7.1 and Exhibit E.
"Monthly Delivery Forecast" has the meaning set forth in Section 5.3.
"Monthly Payment" has the meaning set forth in Section 2.3(d).
"Moody's" means Moody's Investor Service, Inc. or any successor thereto,
or in the event that there is no such successor, a nationally recognized
Credit Rating agency.
"MW" means megawatt alternating current (AC).
"MWh" means megawatt hours of electrical energy.
"Negative LMP Floor" means the Floor Price as defined in the Negative
Pricing Bid Protocol given in Exhibit K.
"NERC" means North American Electric Reliability Council, Inc.
"Non -Defaulting Party" has the meaning set forth in Section 13.1
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"Notice" has the meaning set forth in Section 16.7.
"One -Time Update" has the meaning set forth in Section 2.2(c)(i).
"Outage Schedule" has the meaning set forth in Section 6.3(b).
"Operational Meter Analysis and Reporting" or "OMAR" means the CAISO
web -based application that allows users to view, download, graph, and
submit settlement quality meter data.
"Participating Intermittent Resource" shall have the meaning set forth in
the CAISO Tariff.
"Party" or "Parties" means Buyer or Seller, and each such Party's
respective successors and permitted assignees.
"Payment" means the amount paid by Buyer, or Seller, as applicable, as
set forth in Section 2.3.
"Performance Assurance" means the Development Period Security and
the Delivery Period Security.
"Permitted Transfer" means
(a) Any change of economic and voting rights triggered in Seller's
organization documents arising from the financing of the Facility
and which does not result in the transfer of ownership, economic or
voting rights to any entity that had no such rights immediately prior
to the change;
(b) A pledge of direct or indirect equity interests in Seller, or the
ownership of the Facility in connection with a lease in connection
with any Tax Equity Financing;
(c) Any transaction or series of transactions in which membership or
equity interests in Seller or an Upstream Equity Owner are issued
or transferred to another Person solely for the purpose of a Tax
Equity Financing;
(d) Any transfer of direct or indirect equity in Seller that does not
materially impact the direct or indirect equity interests of FTP
Power, including any transaction amount Affiliates of Seller and any
corporate reorganizations or transfers to entities under common
control of FTP Power; or
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(e) A transaction involving the Facility and a Tax Equity Investor that is
a sale leaseback or other lease transaction referenced in the
definition of Tax Equity Financing.
"Point of Interconnection" means the physical interconnection point where
the Facility interconnects with the CAISO Controlled Grid as identified by
Seller in Exhibit F.
"Pooled Money Investment Account" means the "Pooled Money
Investment Account" managed by the Investment Division of the California
State Treasurer's Office under statutory authority granted by California
Government Code Sections 16430 and 16480.4.
"Portfolio Content Category 1" or "PCC1" means any Renewable Energy
Credit associated with the generation of electricity from an Eligible
Renewable Energy Resource consisting of the portfolio content set forth in
California Public Utilities Code Section 399.16(b)(1), as may be amended
from time to time or as further defined or supplemented by Law.
"PNode" has the meaning set forth in the CAISO Tariff.
"Product" means capacity and Energy generated at the Facility and
delivered to Buyer, including all associated Environmental Attributes and
Capacity Attributes including Resource Adequacy and ancillary services.
"Qualified Issuer" means a United States commercial bank or a United
States branch of a foreign bank with a rating on senior unsecured long-
term debt of "A-" or higher by S&P and "A3" or higher by Moody's (without
a "credit watch," "negative outlook" or other rating decline alert by either
S&P or Moody's).
"Qualified Operator" means (a) a Person that has at least two (2) years of
operating experience with at least two (2) utility -scale solar projects of
twenty (20) MW or higher, (b) any Person identified on Exhibit G or any
such Person's Affiliates, or (c) any other Person reasonably acceptable to
Buyer.
"Qualified Transferee" means (x) Seller Lender, (y) a Person that (a) has
(or its ultimate parent or any upstream equity owner of such Person has) a
tangible net worth that is equal to or in excess of One Hundred Million
Dollars ($100,000,000.00), or (b) maintains a current long-term credit
rating (corporate or Tong -term senior unsecured debt) of (i) "A3" or higher
by Moody's and "A-" or higher by S&P, if such Person is rated by both
Moody's and S&P or (ii) "A3" or higher by Moody's, or "A-" or higher by
S&P if such Person is rated by either S&P or Moody's, or (iii) equivalent
ratings by any other credit rating agency of recognized national standing
and retains, and is a Qualified Operator or retains, a Qualified Operator to
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P393
operate the Facility (or otherwise agrees not to interfere with the existing
Qualified Operator for the Facility), or (z) is reasonably acceptable to
Buyer.
"Quarter" in any Contract Year, each of the following time periods:
January 1 through March 31, April 1 through June 30, July 1 through
September 30, and October 1 through December 31.
"Ratings Agency" means either S&P or Moody's.
"Real -Time" has the meaning set forth in the CAISO Tariff.
"Real -Time Schedule" has the meaning set forth in Section 5.5(a).
"Referral Date" has the meaning set forth in Section 16.11.
"Relief Measures" has the meaning set forth in Section 7.3.
"Remedial Action Plan" has the meaning set forth in Section 7.1(e).
"Renewable Energy Credit" has the meaning set forth in California Public
Utilities Code Section 399.12(h) and CPUC Decision 08-08-028, as may
be amended from time to time or as further defined or supplemented.
"Replacement Energy Price" means (a) the price (stated on a per MWh
basis) at which Buyer, acting in a commercially reasonable manner,
purchases Replacement Product, or, (b) absent such a purchase, (i) the
average PNode Price for the applicable GEP Period, plus (ii) the price of
the Environmental Attributes that would have been generated by the
Facility valued at the Environmental Attributes Value, whether sold
separately or bundled as a package, in each case, for the calculation
period, all as reasonably calculated by Buyer.
"Replacement Product" means Energy produced by a facility other than
the Facility and Environmental Attributes equal to the amount of the Other
Quantity for a given GEP Period.
"Resource Adequacy" or "RA" means the procurement obligation of load
serving entities, as set forth in any Resource Adequacy laws, rules, or
regulations enacted, adopted or promulgated by any applicable
Governmental Authority or CAISO Tariff, as those obligations may be
altered from time to time, and includes the programs and requirements for
local capacity, system, and flexible capacity.
"Resource Adequacy Benefits" means the Resource Adequacy, Capacity
Attributes, including flexible capacity, and any other rights and privileges
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P394
associated with the Facility and Product that satisfy any entity's Resource
Adequacy obligations, as those obligations are set forth in any Resource
Adequacy rulings and shall include any local, zonal, or otherwise
locational flexible attributes associated with the Facility.
"Revenue Meter" means the revenue quality device that is used to record
the output, auxiliary usage, or power flow at a generator, tie line or other
point of interconnection to the CAISO Controlled Grid, in accordance with
Section 8.1.
"S&P" means Standard & Poor's or any successor thereto, or in the event
that there is no such successor, a nationally recognized Credit Rating
agency.
"SCADA" means supervisory control and data acquisition.
"Scheduled Quantity" means the total quantity of Energy scheduled
hereunder that CAISO approves in its final schedule and publishes in
accordance with the CAISO Tariff.
"Scheduling Coordinator" means the Scheduling Coordinator for the
Facility designated by Seller in accordance with Section 5.1 herein.
"Scheduling Coordinator Costs" means the actual costs (including the
costs of Seller employees or agents if Seller acts directly as the Facility's
Scheduling Coordinator) reasonably incurred by Seller, as a result of
Seller or Seller's designated third party acting as the Facility's Scheduling
Coordinator, including the costs associated with the registration of the
Facility with the CAISO and the installation, configuration, and testing of all
equipment and software necessary for Seller or Seller's designated third
party to act as Scheduling Coordinator or to schedule the Generating
Facility and settle all charges from the CAISO.
"Secure File Transfer Protocol" means a network protocol that provides file
access, file transfer, and file management functionalities over any reliable
data stream.
"Self Schedule" has the meaning set forth in the CAISO Tariff.
"Seller" has the meaning set forth in the Preamble.
"Seller Sales Damages" has the meaning set forth in Section 13.4(a).
"Settlement Amount" has the meaning set forth in Section 13.2(a).
"Settlement Interval" has the meaning set forth in the CAISO Tariff.
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P395
"Settlement Period" has the meaning set forth in the CAISO Tariff.
"Shared Facilities Agreement(s)" means the co -tenancy and shared facility
agreement(s) that govern the relationship between various solar facilities
utilizing shared interconnection equipment.
"Shortfall Damages" has the meaning set forth in Section 4.1(b) .
"Shortfall Energy" has the meaning set forth in Section 4.1(b)i).
"Site" means the real property on which the Facility is located, as more
particularly described in Exhibit F.
"Supply Plan" has the meaning set forth in the CAISO Tariff.
"Tax Attributes" means (i) investment tax credits (including any grants or
payments in lieu thereof) and any other tax deductions or benefits under
federal, state or other law available as a result of the ownership and
operation of the Facility or the output generated by the Facility (including,
without limitation, tax credits, payments in lieu thereof and accelerated
and/or bonus depreciation); and (ii) present or future (whether known or
unknown) cash payments, grants under Section 1603 of the American
Recovery and Reinvestment Tax Act of 2009 or outright grants of money
relating in any way to the Facility.
"Tax Equity Financing" means, with respect to Seller or its parent entities,
any transaction or series of transactions pursuant to which (i) a Tax Equity
Investor either (A) obtains less than a one hundred percent (100%) of the
equity interest in Seller that has an interest in Seller, or (B) obtains all of
the equity interest of Seller in connection with a sale-leaseback
transaction, and (ii) such Tax Equity Investor is allocated a share of
profits, losses, and tax allocations associated with such equity interest or
the Facility, as applicable.
"Tax Equity Investor" means an investor that has acquired an equity
interest in Seller pursuant to a financing structure that assigns such
investor all rights, title and benefits to the Tax Attributes of Seller.
"Term" means the term of the Agreement as stated in Section 2.1.
"Transmission Provider" means Southern California Edison Company or
any successor entity thereto.
"USITC" has the meaning set forth in Section 7.3.
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"Ultimate Parent Entity" means (a) as of the Execution Date, FTP Power
LLC, and (b) from and after any other Change in Control or other transfers
permitted under Section 15.5 where the Ultimate Parent Entity changes,
the entity specified by Seller.
"Upstream Equity Owner" means any direct or indirect owner of Seller at
any level below the Ultimate Parent Entity.
"VER Forecastinq Program" means the rules, protocols, procedures and
standards for Participating Intermittent Resources under the CAISO's
Eligible Intermittent Resource Protocol, as may be amended from time to
time, as set forth in the CAISO Tariff.
"WECC" means the Western Electricity Coordinating Council and any
successor entity thereto.
"WREGIS" means Western Renewable Energy Generation Information
System, or its successor; provided that said successor is capable of
performing substantially similar functions and is acceptable to both
Parties.
"WREGIS Certificates" has the meaning set forth in the WREGIS
Operating Rules.
"WREGIS Operating Rules" means the rules adopted by WREGIS, as
amended from time to time.
2. TERM; POWER PURCHASE AND SALE
2.1 Term.
(a) The Term of this Agreement is from the Execution Date until the
end of the Delivery Period unless terminated earlier as provided in
the Agreement.
(b) This Agreement may be terminated at any time by written
agreement of both Parties.
2.2 Purchase and Sale of the Product.
(a) In accordance with the terms and conditions hereof and throughout
the Delivery Period, Seller shall sell and Buyer shall purchase the
Product. Seller shall deliver the Product to the Delivery Point, and
Buyer shall receive the Product from Seller at the Delivery Point.
Unless otherwise provided in this Agreement, in no event shall
Seller have the right to procure any element of the Product from
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P397
sources other than the Facility for sale or delivery to Buyer under
this Agreement.
(b) During the Test Period, Seller shall sell and Buyer shall purchase
all Test Energy delivered at the Delivery Point.
(c) No later than thirty (30) days after the Commercial Operation Date,
Seller will provide Buyer with a production report with the expected
Contract Quantity for Contract Year 2. If the amount of expected
production in the report is less than ninety-eight percent (98%) of
the Contract Year 2 Contract Quantity set forth in Exhibit C, then
Seller shall use commercially reasonable efforts to update the
design of the Facility if feasible in light of the constraints of the Site
and the Interconnection Agreement. No later than thirty (30) days
prior to the end of Contract Year 1, Seller shall provide Buyer with
an updated production report with the expected Contract Quantity
for Year 2 that accounts for any redesign which Seller was able to
undertake consistent with the foregoing sentence.
i. In the event, that despite such commercially reasonable
efforts by the Seller, the expected Contract Quantity for
Contract Year 2 is less than the Contract Quantity for
Contract Year 2 set forth in Exhibit C, then Seller may adjust
the Contract Quantities described in Exhibit C upon Notice
pursuant to Section 16.7 one time during the Term of this
Agreement according to the provisions set forth in this
Section 2.2(c) ("One -Time Update"). Seller shall submit any
One -Time Update to Exhibit C to Buyer. Such proposed
updated Exhibit C included in the One -Time Update shall be
submitted by October 1 of the second full Contract Year.
ii. If the revised Contract Quantity in the One -Time Update is
less than the Contract Quantity for Contract Year 2 set forth
in Exhibit C but not less than ninety percent (90%) of such
amount, Seller shall pay to Buyer a one-time buy -down
payment equal to Fifteen Dollars ($15.00) per MWh that the
revised Contract Quantity for Contract Year 2 is below the
amount set forth in Exhibit C for Contract Year 2 as of the
Effective Date. If the revised Contract Quantity for Contract
Year 1 in the One -Time Update is less than ninety percent
(90%) of the Contract Year 2 Contract Quantity as of the
Effective Date, Buyer shall have the right to terminate as
described in Section 13.
iii. Seller's proposed updated production profile shall be subject
to Buyer's review and approval, which such approval shall
not be unreasonably withheld, conditioned or delayed, and,
18
P398
upon approval, Seller's updated production profile will be
deemed to replace the then -existing Exhibit C without any
further action of the Parties.
2.3 Payment.
(a) The Monthly Payment formula below is based on the current
CAISO market design. Accordingly, Seller shall schedule delivery
with the CAISO, CAISO will pay Seller under the CAISO Tariff for
delivery through the CAISO system, and CAISO will charge Buyer
for Buyer's load that could have been served by the Energy
delivered. Consequently, the Payment reflects both the agreed -to
Contract Price and the payment Seller receives from the CAISO
(which Seller may retain). The Parties have agreed to a written
protocol for negative price curtailment as set forth in Exhibit K
attached hereto. As an accommodation to Buyer, Seller or Seller's
SC will be deemed to sell the Metered Quantity to CAISO on behalf
of Buyer at the Delivery Point and Buyer hereby provides all
required authorizations to Seller to schedule and deliver such
Metered Quantity to CAISO and to retain the revenue associated
with such sales except as otherwise set forth below. Examples of
the payment calculations set forth in Section 2.3, Section 2.4 and
Section 2.6 are set forth in Exhibit L.
(b) For the purposes of calculating the amount payable under this
Agreement with respect to any hour or partial hours, as applicable
("Settlement Interval"), settlement will be based on the Day -Ahead
Market hourly LMP at the Delivery Point. The amount payable for
each hour shall be calculated as follows:
If the Day -Ahead Market hourly LMP at the Delivery Point is Zero
Dollars ($0) or positive, the amount payable will be calculated as:
Hourly Metered Quantity * (Contract Price — Delivery Point
Day -Ahead Market hourly LMP)
If the Day -Ahead Market hourly LMP at the Delivery Point is less
than Zero Dollars ($0) but not less than the Negative LMP Floor,
the amount payable will be calculated as:
Hourly Metered Quantity * (Contract Price + the absolute
value of the negative Delivery Point Day -Ahead Market
hourly LMP)
If the Day -Ahead Market hourly LMP at the Delivery Point is less
than the Negative LMP Floor, per Exhibit K, absent instruction from
Buyer to the contrary, the Settlement Period shall be deemed a
Buyer Curtailment.
(c) for the first fifty (50) Settlement Periods in the Day -Ahead Market in
any Contract Year (or such other number of Settlement Intervals as
would be equal to fifty (50) hours in the event that CAISO changes
the number of minutes in a Settlement Interval as of the Effective
Date) in which Buyer elects to curtail delivery (each of such fifty
(50) Settlement Periods or hours, an "Initial Negative Interval"),
Buyer shall pay Zero Dollars ($0) for curtailed output.
Notwithstanding the above, if at any time during a Contract Year the Contract
Quantity exceeds the threshold specified in Section 2.6 below, the amount payable will
be calculated as provided in Section 2.6.
For the avoidance of doubt, the following clarifications are provided: (i) if the Day -
Ahead Market hourly LMP at the Delivery Point is less than Zero Dollars ($0) but not
less than the Negative LMP Floor, the above calculation will result in a payment by
Buyer of the Settlement Interval [Metered Quantity * (Contract Price plus the absolute
value of the negative Delivery Point Day -Ahead Market hourly LMP)]; and (ii) if the Day -
Ahead Market hourly LMP at the Delivery Point is more than the Contract Price, the
above calculation will result in a negative amount, which such amount will be payable to
Buyer pursuant to Section (d) below. The payment due to Seller when the Day -Ahead
Market hourly LMP at the Delivery Point is less than the Negative LMP Floor is specified
in Exhibit K.
(d) The "Monthly Payment" shall be the sum of the amounts payable
for all hours in each calendar month. If the Monthly Payment
amount so determined above is positive, then Buyer shall pay
Seller such amount. If the Monthly Payment amount so
determined above is negative, then Seller shall pay Buyer such
amount.
(e) The total Hourly Metered Quantity as measured at the end of each
month shall be used for the purposes of calculating the Monthly
Payment under this Agreement. All Product purchased under this
Agreement must be measured by the Facility's CAISO Revenue
Meter to be eligible for payment under this Agreement.
Buyer may reduce any Monthly Payment due in any Billing Period
by any amount due from Seller under Section 4.1 for Shortfall
Damages, regardless of when the Shortfall Damages first became
due.
(f)
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P399
2.4 Curtailment.
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(a) Except as specifically set forth in this Sections 2.4, and Section
Error! Reference source not found. and Exhibit K, payment shall
only be made under this Agreement for Product actually delivered.
(b) Seller may elect to curtail delivery of output from the Facility, in
whole or in part, in any hour that does not qualify as Buyer
Curtailment for managing the intermittency of the resource to
reduce uninstructed or other deviations.
(c) Buyer may curtail delivery of output from the Facility at any time
and for the duration specified by Buyer ("Buyer Curtailment")
provided that Buyer provides sufficient notice to Seller for the
alteration of a Day Ahead Schedule, and in no event less than 10
minutes before such schedule must be submitted. Notwithstanding
any such Buyer Curtailment, Seller may, but is not required, to
schedule Output from the Facility into CAISO during any Buyer
Curtailment, in whole or in part, and, unless otherwise provided
under Section 2.3(c), Buyer will pay Seller for Lost Output as set
forth in this Section 2.4(c), Buyer will be exempted from any
incremental CAISO charges for which it would otherwise be
responsible pursuant to Section 2.7, and Buyer shall receive no
Product during any such Settlement Period from the Facility. In its
Buyer Curtailment notice to Seller, Buyer shall indicate the duration
of the Buyer Curtailment period, which shall be for a minimum of
thirty (30) minutes, and the time at which Buyer requests Seller to
resume delivery of the output from the Facility to Buyer. To the
extent Buyer requests any change in the duration of the requested
curtailment period, Seller shall effectuate any such change no later
than ten (10) minutes following notice from Buyer's notification to
Seller of the proposed change to curtailment. Seller shall respond
to a Buyer Curtailment notice (including the end of such curtailment
periods) in accordance with Good Industry Practice and consistent
with the Facility's operational characteristics as then -currently
modeled in the CAISO Master File. Buyer shall pay Seller, on the
date payment would otherwise be due in respect of each month in
which any Buyer Curtailment occurred, an amount equal to the
product of (1) the Lost Output during any Buyer Curtailment, and
(2) the Contract Price. In addition, any Lost Output during an event
of Buyer Curtailment will be included in the Lost Output calculation
for GEP purposes.
2.5 Contract Price.
(a) The Contract Price, as may be adjusted under this Agreement,
together with Buyer's payment of the CAISO Cost Share, is full
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P401
compensation for all performance under this Agreement, including,
unless otherwise specifically provided herein, costs to generate and
deliver the Product to the Delivery Point, and costs to operate and
maintain the Facility, including:
i. transmission and transmission related costs;
ii. all CAISO Costs;
iii. subject to Section 3.3, compliance cost and/or penalties from
the North American Electric Reliability Corporation, Peak
Reliability, Western Electricity Coordinating Council, or
successor entity, imposed on or related to the delivery of the
Product from the Facility up to the Delivery Point;
iv. subject to Section 3.3, costs to maintain California RPS
certification and qualification;
v. taxes related to the generation and delivery of the Product
up to and at the Delivery Point;
vi. environmental permitting costs, including greenhouse gas
emissions or allowances, if any;
vii. subject to Section 3.3, costs for compliance with all
Applicable Laws; and
viii. subject to Section 3.3, costs of registering in WREGIS, and
any mandatory ongoing WREGIS costs and charges.
(b) In the event that Seller is compensated by a third party for any
Products produced by the Facility, as permitted by Section 16.2 or
otherwise, including compensation for Resource Adequacy
Benefits, Environmental Attributes, or economic dispatch of the
Facility, Seller shall remit all such compensation directly to Buyer
(less any reasonable costs incurred by Seller in connection with
achieving the Reductions).
(c) At no cost to Seller, except for any de minimis administrative costs,
Seller shall cooperate with Buyer to enable Buyer to realize CAISO
credits, where available, associated with serving load including, but
not limited to, Load Uplift Obligation transacted via Inter -SC Trades.
2.6 Excess Quantity.
(a) In any Contract Year during the Delivery Period, if the amount of
Energy delivered by Seller exceeds one hundred ten percent
(110%) of the annual Contract Quantity ("Excess Quantity"), the
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P402
amount payable with respect to each MWh of Excess Quantity shall
be calculated as follows, subject to the limitation in subsection (b)
below, notwithstanding any other provision of this Agreement:
Amount payable = Hourly Metered Quantity of Excess Quantity * [(0.50 *
Contract Price) — Delivery Point Day -Ahead Market hourly LMP];
(b) The maximum amount payable by Buyer under this Section 2.6 will
not exceed an amount calculated as:
Hourly Metered Quantity of Excess Quantity * (0.50 * Contract Price).
2.7 CAISO Costs.
In its capacity as Scheduling Coordinator, Seller shall (i) be responsible for and
shall pay for the first One Thousand Twelve Hundred Fifty Dollars ($1,250.00) each
month of all CAISO fees, charges and penalties, including: A) charges and penalties
associated with imbalance or deviation between actual and scheduled generation; B)
Scheduling Coordinator Costs; C) VER Forecasting Program costs, including
forecasting fees and related charges associated with the Facility becoming a
Participating Intermittent Resource and participating in the VER Forecasting Program;
and D) Load Uplift Obligations (if applicable) ("CAISO Costs"). Buyer shall reimburse
Seller for all CAISO Costs above One Thousand Twelve Hundred Fifty Dollars
($1,250.00) each month ("CAISO Cost Share"). Seller (as SC) shall be responsible for
all settlement functions with CAISO related to the Facility subject to reimbursement from
Buyer as set forth herein. Notwithstanding the foregoing, Seller shall be responsible for
and shall pay for all Integration Charges up to the CAISO Integration Charge Cost Cap;
however, in the event that Integration Charges exceed the CAISO Integration Charge
Cost Cap, Buyer shall be obligated to pay Seller for all Integration Charges in excess of
the CAISO Integration Charge Cost Cap. Seller shall promptly notify each Buyer of the
amount of Buyer's share of the CAISO Costs and any CAISO Integration Charges owed
by Buyer in excess of the CAISO Integration Charge Cost Cap in a manner that is
sufficient to allow Buyer to timely request that Seller dispute with the CAISO those
charges on behalf of Buyer. Seller shall render a separate invoice to Buyer for its share
of the CAISO Costs and other CAISO charges for which Buyer is responsible under this
Agreement ("CAISO Charges Invoice"), including this Section 2.7. The CAISO Charges
Invoices shall be rendered by Seller after settlement information becomes available
from the CAISO that identifies any CAISO charges. The CAISO Charges Invoice shall
include all information and supporting documentation from the CAISO reasonably
necessary for Buyer to validate any such charges or penalties, including information
regarding scheduling by Seller (as SC). Notwithstanding the foregoing, Buyer
acknowledges that CAISO may issue additional invoices reflecting CAISO adjustments
to such CAISO charges. Seller shall reflect any such adjustments on subsequent
CAISO Charges Invoices. Buyer shall pay the amount of CAISO Charges Invoices
within thirty (30) days of Buyer's receipt of the CAISO Charges Invoice. If Buyer fails to
pay such CAISO Charges Invoice within that period, Seller may net or offset any
amounts owing to it for these CAISO Charges Invoices against any future amounts it
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P403
may owe to Buyer under this Agreement. The obligations under this section with
respect to payment of CAISO Charges Invoices shall survive the expiration or
termination of this Agreement.
2.8 Buyout Option.
Seller hereby grants to Buyer an option to purchase the Facility subject to the
terms and at the time set forth in Exhibit M.
2.9 Market Events
(a) If at any point during the Delivery Period, an alternative market
design is implemented in which the Facility will or can participate in
a new energy market or the scheduling protocols substantially
change (a "Market Event"), and such Market Event materially
changes the delivery requirements in this PPA, including in ways
that mitigate negative price risk or reduce risks in transacting in the
real-time market, the Parties shall cooperate in good faith to
facilitate the delivery of Metered Quantity from the Point of Delivery
to Buyer to retain the economic benefit of the bargain to the Parties,
at the least possible cost to the Parties, consistent with this PPA to
the extent possible.
(b) During the Term, Buyer may request that the Parties discuss
modifications to the payment mechanics that utilize the Real -Time
LMP price at the Delivery Point instead of the Day -Ahead hourly
LMP price at the Delivery Point if such modification would retain the
economic benefit of the bargain to the Parties; provided that either
Party will be obligated to agree to any modifications or
amendments to this PPA to utilize such Real -Time LMP price at the
Delivery Point.
3. CAPACITY ATTRIBUTES, ENVIRONMENTAL ATTRIBUTES AND TAX
ATTRIBUTES
3.1 Capacity Attributes.
For and in consideration of Buyer entering into this Agreement, and in addition to
the agreement by Buyer and Seller to purchase and sell Product and Environmental
Attributes on the terms and conditions set forth herein, Seller hereby transfers to Buyer,
and Buyer hereby accepts from Seller, all of Seller's rights, title, and interest in and to
the Capacity Attributes. The consideration for the transfer of Capacity Attributes, if any,
is contained within the applicable Contract Price, provided that Seller shall pay Buyer
liquidated damages in accordance with Section 3.1(b) in the event that Seller is unable
to obtain a Full Capacity Deliverability Status Finding or otherwise provide the amount
of Capacity Attributes that Buyer would have otherwise received if the Project had
obtained Full Capacity Deliverability Status.
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P404
(a) Covenant Regarding Capacity Attributes. Without limiting any of
Seller's obligations under this Agreement, Seller shall use
commercially reasonable efforts to cause the Facility to obtain an
FCDS Finding by no later than ninety (90) days after the
Commercial Operation Date, provided that the obtaining such
FCDS Finding shall not be a condition to the achievement of
Commercial Operation, and no Default shall occur hereunder solely
due to the failure of the Facility to obtain such status or the loss of
such status once obtained, unless such failure is due to the actions
or omissions of Seller.
(b) Consequences of Failure to Obtain an FCDS Finding. Any failure
by Seller to obtain an FCDS Finding, and any remedy by Seller to
address such a failure, shall be resolved on a non-discriminatory
basis among the Facility and any other generating facility which
shares the same capacity designation.
i. If Seller is unable to obtain a Full Capacity Deliverability
Status Finding as of the day ninety (90) days after the
Commercial Operation Date, then Seller shall pay Buyer the
RA Deficiency Amount for each RA Shortfall Month as
liquidated damages due to Buyer for the Capacity Attributes
that Seller failed to convey to Buyer, calculated in
accordance with Sections 3.1(b)ii) and 3.1(b)iii) below,
provided that in lieu of paying such liquidated damages
Seller may deliver alternative Capacity Attributes equivalent
to those that would have been provided by the Facility for
such RA Shortfall Month if the Facility had Full Capacity
Deliverability Status.
ii. Seller shall calculate the "RA Deficiency Amount" using the
formula set forth in Section 3.1(b)iii) for each RA Shortfall
Month and shall notify Buyer of such amount no later than
the last day of the applicable RA Shortfall Month. Seller
shall pay the RA Deficiency Amount monthly in the form of a
deduction from the amount invoiced by Seller in such month
pursuant to Section 9. In the event that the RA Deficiency
Amount payment due in any month exceeds the invoiced
amount pursuant to Section 9, Buyer shall not make any
payment to Seller for that Month, and the difference between
the invoiced amount and the RA Deficiency Amount payment
shall be included in the following Month's invoiced amount,
until the full amount has been deducted. Any dispute with
regard to the calculation of any RA Deficiency Amount shall
be resolved in accordance with Section 9.4.
P405
iii. For Buyer, the RA Deficiency Amount shall be equal to the
product of (w), (x), and (y) where: (w) is the per unit RA
Value that Buyer would reasonably incur to procure
replacement RA, not to exceed Two Dollars ($2.00) per kW -
mo, (x) is the Installed Contract Capacity, and (y) is the
relevant monthly NQC Factor (e.g., the relevant monthly
Technology Factor for the first year of operation) as listed on
the most recent NQC report. The RA Deficiency Amount
shall be lowered by the amount of any RA received from the
Facility by Buyer, including for partial RA allocations as
shown below. The RA Deficiency Amount for Buyer is
represented by the following equation:
RA Deficiency Amount ($/Month) = RA Value
($/MW/Month) * ((Installed Contract Capacity (MW) *
relevant NQC Factor) - actual NQC)
iv. To the extent that information is required by Buyer from
Seller to complete its plans related to Resource Adequacy,
Seller shall promptly provide such information at no
additional cost to such Buyer.
(c) Representation Regarding Ownership of Capacity Attributes. Seller
shall not assign, transfer, convey, encumber, sell, or otherwise
dispose of any of the Capacity Attributes to any Person other than
Buyer or attempt to do any of the foregoing with respect to any of
the Capacity Attributes, unless requested by Buyer to do so
pursuant to Section 3.3(e) below. During the Term of this
Agreement, Seller shall not report to any Person that any of the
Capacity Attributes belong to any Person other than Buyer. Buyer
may, at Buyer's own risk and expense, report to any Person that
such Capacity Attributes belongs to it. Seller, as Scheduling
Coordinator, shall submit to CAISO a Supply Plan (as defined in the
CAISO Tariff) in accordance with applicable CAISO requirements
noting Buyer as the entity to which such Capacity Attributes belong.
(d) Further Assurances. Seller shall execute and deliver such
documents and instruments and take such other action as required
by the CAISO and as any Buyer's Authorized Representative may
reasonably request to effect recognition and transfer of the
Capacity Attributes to Buyer at Buyer's cost.
(e) At Buyer's request and with reasonable prior notice, Seller shall use
commercially reasonable efforts to resell Capacity Attributes to third
parties identified by Buyer and remit any revenue net of Seller's
reasonable cost to Buyer.
P406
3.2 Environmental Attributes.
(a) Transfer of Environmental Attributes. In addition to the agreement
by Buyer and Seller to purchase and sell Energy and capacity on
the terms and conditions set forth herein, Seller shall transfer to
Buyer, and Buyer shall receive and accept from Seller, all right and
title to, and interest in, all Environmental Attributes, whether now
existing or acquired by Seller or that hereafter come into existence
or are acquired by Seller during the Delivery Period, associated
with all Energy delivered to the Delivery Point and capacity. Seller
agrees to transfer pursuant to Section 3.2(d) and make such
Environmental Attributes available to Buyer immediately to the
fullest extent allowed by Applicable Law upon Seller's production or
acquisition of the Environmental Attributes attributable to the
Product. Seller shall not assign, transfer, convey, encumber, sell or
otherwise dispose of all or any portion of such Environmental
Attributes to any person or entity other than Buyer. Buyer and
Seller acknowledge and agree that the consideration for the
transfer of Environmental Attributes is contained within the Contract
Price.
(b) Reporting of Ownership of Environmental Attributes. During the
Term, Seller shall not report to any person or entity that the
Environmental Attributes granted hereunder to Buyer belong to any
person or entity other than Buyer, and Buyer may report under any
program that such Environmental Attributes purchased hereunder
belong to Buyer.
(c) Cooperation. Seller shall cooperate reasonably with Buyer and
provide such certifications or attestations to Buyer as are
reasonably necessary to verify that all Environmental Attributes
attributable to the Product delivered have been transferred to
Buyer. Seller acknowledges that a Governmental Authority may
require Buyer to take certain actions with respect to greenhouse
gas emissions or other emissions attributable to the generation of
Energy, including reporting, registering, tracking, allocating for or
accounting for such emissions. Promptly following Buyer's written
request, Seller agrees to take all commercially reasonable actions
and execute or provide any and all documents, information or
instruments with respect to generation by the Facility reasonably
necessary to permit Buyer to comply with such requirements, if any.
Nothing in this Section 3.2(c) shall cause Buyer to assume any
liability or obligation with respect to Seller's compliance obligations
with respect to the Facility under any new Applicable Laws.
(d) Use of WREGIS to transfer certain Environmental Attributes. Seller
shall evidence the transfer of Environmental Attributes associated
27
P407
with the Product to Buyer by participating in WREGIS in
accordance with WREGIS reporting protocols.
i. Seller shall report renewable generation to WREGIS for
development of WREGIS Certificates and direct WREGIS to
transfer WREGIS Certificates to Buyer. The Parties agree
that the Facility will be registered with WREGIS, initially, with
the Generating Unit Name of ANTEX3B or as otherwise
agreed by the Parties.
ii. Seller agrees to comply with directions from Buyer regarding
WREGIS or WREGIS Certificates. After the Facility is
registered with WREGIS, at Buyer's option, Seller agrees to
transfer WREGIS Certificates to Buyer using the Forward
Certificate Transfer method, as defined and detailed in
WREGIS Operating Rules and as designated by Buyer.
Seller shall be responsible for the WREGIS expenses
associated with registering the Facility, maintaining its
account, paying WREGIS Certificate issuance fees, and
transferring WREGIS Certificates to Buyer.
iii. Buyer shall be responsible for the WREGIS expenses
associated with maintaining its account and subsequent
transferring or retiring of WREGIS Certificates.
iv. Forward Certificate Transfers will occur on a monthly basis
in accordance with the procedures established by the
WREGIS Operating Rules. Seller shall be responsible for, at
its expense, validating and disputing data with WREGIS in
its reasonable discretion prior to certificate creation each
month.
v. Except as the Parties may otherwise agree in writing, in the
event that WREGIS is not in operation, or WREGIS does not
track Seller's transfer of WREGIS Certificates to Buyer, or its
designees, on or before the 30th day of each calendar
month, Seller shall document the production and transfer of
Environmental Attributes under this Agreement by delivering
to Buyer an attestation for the Environmental Attributes
produced by the Facility, in whole MWh for the preceding
month. The form of attestation shall be substantially in the
form as set forth in Exhibit A; provided, however, Buyer may
change the form of attestation from time to time during the
Delivery Period by giving at least thirty (30) days' prior
Notice to Seller, subject to Seller's approval (which Seller
shall not unreasonably withhold, condition or delay). If Seller
has not objected to Buyer's proposed changes to the form of
28
P4O8
attestation within thirty (30) days after receiving it, the
changes shall be deemed approved.
3.3 Change in Law.
(a) ERR Certification. Seller shall ensure that throughout the Delivery
Period the Facility is certified by the CEC as an ERR. If a change
in Applicable Law occurs after execution of this Agreement that
causes the Facility to not qualify as an ERR, Seller shall be
deemed to have complied with the foregoing sentence and the
representation set forth in Sections 14.2(e), 14.2(g), and 14.2(h)
and there shall be no Event of Default under Section 12.1(b)xii(xii),
provided in each case that Seller uses commercially reasonable
efforts to comply with such change in law.
(b) Commercially Reasonable Efforts. Seller shall be deemed to have
made commercially reasonable efforts to comply with a change in
law under (a) above if Seller takes all actions to comply with or
implement any change or improvement to the Facility to maintain
such certification or qualification ("Compliance Costs") which would
require Seller to incur in the aggregate Compliance Costs up to Ten
Thousand Dollars ($10,000.00) per MW of Installed Contract
Capacity and in the aggregate throughout the Delivery Term at
Twenty Thousand Dollars ($20,000.00) per MW of Installed
Contract Capacity (collectively "Compliance Cost Cap"). Seller
shall include with each monthly invoice a report of all accumulated
Compliance Costs as they are incurred.
(c) Compliance Cost Cap Exceeded. If, after a change in law
described under (a) above has occurred, Seller determines that it
will exceed the Compliance Cost Cap, Seller shall notify Buyer and
provide documentation and calculations to support the expected
excess. Buyer shall then have sixty (60) days after receipt of the
notice to verify or dispute Seller's documentation and calculation.
Any dispute by Buyer hereunder shall be handled in accordance
with Section 16.11.
(d) Agreement on Costs. If Buyer agrees with Seller's verified costs
and calculations and the necessary Compliance Costs will exceed
the Compliance Cost Cap, Buyer will notify Seller of its election to:
i. Pay the costs that exceed the Compliance Cost Cap (the
"Accepted Compliance Costs"). Upon agreement by Buyer
of Accepted Compliance Costs, Buyer shall direct Seller to
take any and all actions necessary to resume or maintain
the ERR status of the Facility, which shall include
payment by Seller for compliance actions up to the
29
P4O9
Compliance Cost Cap. Buyer shall pay Seller the Accepted
Compliance Costs on a reimbursement basis in accordance
with Section 9. Provided Seller takes compliance actions as
agreed, and Buyer reimburses Seller for the Accepted
Compliance Costs as agreed, and the Facility resumes
qualification as an ERR as soon as practicable, the
Agreement will continue in force and effect on the same
terms and conditions herein and Seller shall not be deemed
to have made a misrepresentation under Sections 14.2(e),
14.2(g) and 14.2(h) and Seller shall be deemed to be in
compliance with Section 3.3(a) and there shall be no Event
of Default under Section 12.1(b)xii; or
ii. Waive Seller's obligation to incur Compliance Costs in
excess of the Compliance Cost Cap, in which case the
Agreement will continue in force and effect, provided that the
Contract Price for the remainder of the Delivery Period and
for all calculations of amounts payable under this Agreement
shall be adjusted to eighty-five percent (85%) of the Contract
Price and Seller shall be relieved of its obligations hereunder
related thereto unless Seller is able to restore its certification
or verification, in which case the original Contract Price will
be restored.
(e) Failure to Comply. If (i) Seller fails to comply with the Parties'
agreement under (d) above, or (ii) within sixty (60) days of receipt
of Buyer's agreement to reimburse under (d) above, Seller fails to
initiate compliance efforts in order to qualify the Facility as an ERR,
Seller shall be deemed not to have complied with the
representation set forth in Section 14.2(e), Section 14.2(g) and
Section 14.2(h) and there shall be an Event of Default under
Section 12.1(b)xii). For the avoidance of doubt, in the event that
Seller takes compliance actions as agreed pursuant to
Section 3.3(d)i) and the Facility's ERR status is not maintained or
resumed, as applicable, Seller shall not be deemed to have made a
misrepresentation under Section 14.2(e), Section 14.2(g) or
Section 14.2(h), Seller shall be deemed to be in compliance with
Section 3.3(a) and there shall be no Event of Default under
Section 12.1(b)xiii).
3.4 Tax Attributes. Seller shall have all right, title and interest in and to all
Tax Attributes. Buyer acknowledges that any Tax Attributes belong to Seller.
30
P410
4. MINIMUM ENERGY GUARANTEES
4.1 Guaranteed Energy Production.
(a) GEP Calculation. Seller shall ensure that the Facility generates
and delivers to Buyer no less than the "Guaranteed Energy
Production" or "GEP" over each period of two (2) consecutive
Contract Years (i.e., Contract Years 1 and 2; 2 and 3; 3 and 4 and
so on; provided that the first and last Contract Year GEP amounts
shall be prorated for the number of months included in such
Contract Year) (each such period a GEP Period"). "GEP" means
an amount of delivered Energy that is equal to one hundred sixty
percent (160%) of the simple average of (A) and (B), where (A) is
equal to Contract Quantity in one Contract Year minus Lost Output
in that Contract Year, and (B) is equal to Contract Quantity in the
next Contract Year minus Lost Output in that Contract Year.
GEP = 1.6 * (A + B)/2, where:
A = Contract Quantity for the first Contract Year of the GEP Period - Lost Output
in the first Contract Year of the GEP Period; and
B = Contract Quantity for the second Contract Year of the GEP Period - Lost
Output in the second Contract Year of the GEP Period.
(b) Shortfall Damages.
i. If Seller fails to achieve the GEP as set forth in
Section 4.1(a) (such shortfall amount, the "Shortfall Energy")
Seller shall pay Buyer liquidated damages (the "Shortfall
Damages") calculated as follows:
The Shortfall Damages shall be equal to the product of (I)
and (II), where (I) is the Replacement Energy Price, and (II)
is the Shortfall Energy.
Shortfall Damages = Replacement Energy Price *
Shortfall Energy.
ii. If Seller pays Shortfall Damages in any GEP Period, then for
the purpose of calculating the Shortfall Damages in the next
GEP Period, the Metered Quantity for the first year of the
next GEP Period shall be eighty percent (80%) of the
Contract Quantity.
iii. If WREGIS Certificates issued by Seller to Buyer are less
than the delivered Metered Quantity and such difference is
31
P411
caused by Seller or due to Seller's action or inaction, the
Shortfall Damages calculations will be based on the
WREGIS Certificates issued to Buyer by the Seller in
accordance with Section 3.2; provided if the Facility is no
longer an ERR and no WREGIS Certificates are delivered,
the Shortfall Damages shall be based on the Metered
Quantity.
5. DELIVERY SCHEDULES AND EMERGENCIES
5.1 Scheduling.
Seller shall be responsible for designating a Scheduling Coordinator to schedule
the Product from the Facility to the Delivery Point in accordance with the CAISO Tariff.
Seller may change its Scheduling Coordinator upon thirty (30) days' advance written
Notice to Buyer. Seller shall schedule or cause to be scheduled the Product generated
by the Facility in accordance with, and shall at all times comply with, all applicable
CAISO requirements and scheduling protocols. Scheduling shall commence on the
date when the Facility starts to generate Test Energy in advance of COD, unless the
Parties mutually agree to another date. The Scheduling Coordinator for the Facility
shall file with the CAISO monthly Resource Adequacy Supply Plans for the Facility that
accurately reflect the generating capability commensurate with the Contract Quantity.
Seller shall send a copy of these plans to Buyer at the same time the plans are filed with
the CAISO.
(a) Buyer shall have the option to act as Scheduling Coordinator for the
Facility upon sixty (60) days' advance written Notice to Seller if
Seller consents to such arrangement. Unless otherwise agreed
pursuant to Section 5.1(c), Buyer in acting as Scheduling
Coordinator, shall act as Seller's agent and submit Seller's
schedule without modification.
(b) Buyer shall also have the option to purchase the Product from
Seller using an Inter -SC Trade upon sixty (60) days' advance
written Notice to Seller, in which case the calculation of Payment
will be modified by mutual agreement of the Parties to ensure that
Buyer's Payment to Seller reflects the Contract Price for the
delivered Product and any Lost Output.
(c) If Buyer elects the option to serve as Scheduling Coordinator and
Seller consents to such arrangement, the Parties (both acting
reasonably) shall execute a mutually acceptable agreement
governing the provision of Scheduling Coordinator services for the
Facility by Buyer. Seller shall be financially and operationally
responsible for transmitting the Product to the Delivery Point. If
Buyer serves as Scheduling Coordinator, then the Seller obligations
set forth in this Section 5.1 with respect to RA shall apply to Buyer.
32
P412
Further, if Buyer serves as the Scheduling Coordinator, it shall
provide Seller with access to any records, including invoices or
settlement data from the CAISO, necessary to verify the accuracy
of any amount, all necessary CAISO settlement data no later than
five (5) Business Days following receipt of the T+12 settlement
statements from CAISO in a form mutually agreed upon by Buyer
and Seller. Finally, if Buyer serves as the Scheduling Coordinator,
all costs associated with Buyer's role as Scheduling Coordinator,
including scheduling, forecasting, billing, imbalance or deviation
charges, and administrative services shall be Buyer's sole
responsibility.
5.2 Annual Forecast of Delivery Schedules.
Seller shall provide a non-binding forecast of each month's hourly schedule for
the first Contract Year no later than sixty (60) days before the scheduled
commencement of the Delivery Period, and thereafter by August 1 of each subsequent
Contract Year during the Delivery Period. The format of Seller's forecast shall be
consistent with Exhibit C.
The non-binding forecasts provided under this section will not amend or affect
the Contract Quantity in any manner.
5.3 Monthly Forecast of Delivery Schedules.
Ten (10) Business Days before the scheduled commencement of the Delivery
Period and sixty (60) calendar days before the beginning of each month, or as required
by CAISO for RA compliance, Seller shall provide a non-binding forecast of each day's
hourly schedule for the following month ("Monthly Delivery Forecast").
5.4 Daily Delivery Forecasts and Schedules.
(a) Seller shall provide Buyer with a copy of the scheduled Product for
each hour of the applicable trading day ("Day -Ahead Schedule") if
such schedules are submitted, or a non-binding forecast of such
Product, if such schedules are not submitted. Each Day -Ahead
Schedule shall clearly identify, for each hour, all amounts of
Product to be delivered to Buyer pursuant to this Agreement.
(b) Throughout the Delivery Period, Buyer shall be entitled to all
Integrated Forward Market Load Uplift Obligation credits (as
provided under the CAISO Tariff) associated with the Product.
(c) When Seller has an accepted Self Schedule in the Day -Ahead
Market, Seller shall submit a Real Time Inter -SC Trade with Buyer
for Integrated Forward Market Load Uplift Obligation credit and
33
P413
confirm with Buyer's Scheduling Coordinator in accordance with
applicable tariff and protocol provisions of the CAISO.
5.5 Hourly or Sub -Hourly Delivery Schedules.
(a) Seller shall provide Buyer with a copy of the schedule for the
Product for each hour of the applicable trading day ("Real -Time
Schedule") if such schedules are submitted, or a non-binding
forecast of such Product, if such schedules are not submitted.
Each Real -Time Schedule shall clearly identify, for each hour, all
amounts of Product to be delivered to Buyer pursuant to this
Agreement
(b) Seller shall notify Buyer as soon as practicable, but in no event
later than two (2) Business Days, after discovering any change to
the Facility, including Forced Outages, that result in a change in
deliveries by contacting Buyer's Scheduling contact listed in
Exhibit D. Seller shall keep Buyer informed of any developments
that will affect either the duration of the outage or the availability of
the Facility during or after the end of the outage.
5.6 Forecast.
(a) To comply with its requirements to provide forecasts to Buyer as
provided in Sections 5.2, 5.3 and 5.4, if applicable, Seller shall use
the EIRP Forecast for the Facility or, if the EIRP Forecast is not
available, the best available forecast (the "Forecast").
(b) Lost Output shall be calculated pursuant to the applicable formula
below:
i. If an EIRP Forecast for the applicable curtailment event is
available, the Lost Output shall be equal to (i) the amount of
MWh provided for in the EIRP Forecast applicable to the
curtailment event, regardless of whether Seller is
participating in the EIRP during the curtailment event less
(ii) the amount of Energy delivered to the Delivery Point
during the curtailment event (in the event of a partial
curtailment) excluding any amounts delivered pursuant to
Section 2.4(c) during a Buyer Curtailment.
ii. If no EIRP Forecast is available or Seller demonstrates to
Buyer's reasonable satisfaction that the EIRP Forecast does
not represent an accurate forecast of generation from the
Facility, the Lost Output shall be equal to (i) an amount of
MWh calculated based on an equation that incorporates
relevant Facility availability, weather and other pertinent data
for the period of time during the curtailment event in order to
34
P414
approximate the amount of Facility Energy that would have
been delivered less (ii) the amount of Energy delivered to the
Delivery Point during the curtailment event (in the event of a
partial curtailment, if any) excluding any amounts delivered
pursuant to Section 2.4(c) during a Buyer Curtailment
pursuant to Section 2.4(c).
iii. Provided that, if the applicable difference calculated
pursuant to the applicable formula provided in (b)(i) and
(ii) above is negative, the Lost Output shall be zero (0).
iv. The calculations to determine the quantity of Forecast,
performed according to (b)(i) and (ii) above, shall be subject
to review and approval by Buyer, which such review and
approval shall be conducted reasonably and concluded no
later than thirty (30) days after the date of the monthly
invoice.
5.7 Emergency and Other Involuntary Curtailment.
If Seller has a CAISO-accepted bid for Energy that is curtailed by order or
direction of CAISO or the Transmission Provider due to an emergency, reliability issue
or other involuntary order or direction to curtail output of the Facility, the curtailed
Energy shall be deemed Lost Output for purposes of calculating the GEP as described
in Section 12.1(b)viii). In the event that any such order or direction is received by Seller,
Seller shall follow CAISO instructions until such emergency, reliability issue, or other
order or direction to curtail is over or is otherwise resolved. The action of the CAISO
issuing a schedule (including a zero schedule or no schedule at all) shall not by itself
constitute an order or direction by the CAISO to curtail energy deliveries.
6. OPERATION AND MAINTENANCE
6.1 Operating Standards.
Throughout the Term, Seller shall (i) operate and maintain the Facility in
accordance with all applicable Governmental Approvals, Good Industry Practices, and
WECC and NERC Reliability Standards (as published by NERC from time to time);
(ii) obtain and maintain all required Governmental Approvals for the Facility; and (iii) pay
all costs and penalties associated with this Section 6.1.
6.2 Commercial Operation Date.
The Commercial Operation Date shall be the later of (i) December 1, 2020 or
(ii) a date selected by Seller upon at least three (3) Business Days' Notice to Buyer. If
the Commercial Operation Date is delayed beyond January 15, 2021, unless excused
under Section 7.2 herein, Seller shall be responsible for paying damages for delay to
35
P415
Buyer as described in Section 7.4. The Commercial Operation Date may not occur until
each of the following has been satisfied:
(a) Seller has all necessary permits required to commence operation
of the Facility at the output level for which it was designed; the
Facility is capable of operating on a sustained basis at
substantially the output level for which it was designed; and all
interconnections, the capacity rating of the interconnection
facilities, the interconnection agreement, and transmission
connection are sufficient for the delivery of the full Energy output
of the Facility to the Delivery Point;
(b) Seller has provided Buyer with a certification from Seller and from
an independent engineer that the Facility has been completed in all
material respects (except punch list items that do not materially and
adversely affect the ability of the Facility to operate as intended);
(c) Seller has provided Buyer with a communication from the CAISO
approving the proposed COD (as defined in the GIA) for the
Facility; and
(d) Seller has posted the Delivery Period Security required under
Section 10.2.
6.3 Maintenance Outage.
(a) Seller may schedule outages necessary to accomplish required
inspections and preventative maintenance ("Maintenance
Outages") if:
i. With respect to any equipment at the Facility, the inspection
or preventative maintenance is required by, or consistent
with, the original manufacturer recommendations of such
equipment or Good Industry Practice in order to maintain
such equipment under warranty, or such manufacturer
otherwise recommends the inspection and/or maintenance
to operators of such equipment based on actual operating
hours, equivalent starts, the passage of time or service
bulletins;
ii. The inspection or preventative maintenance is required in
connection with testing required by any governmental
agency for the operation of the Facility, including annual
performance testing and pollution control testing; and
iii. The inspection or preventative maintenance will occur
(i) during October through May, at any time and for any
reasonable period or (ii) during June through September
36
between hours ending 2300 on a given day through hours
ending 0600 of the following day.
(b) Not later than August 1 each year prior to the commencement of
any Contract Year, or, in the case of the first Contract Year, at least
sixty (60) Business Days before the commencement of the Delivery
Period, Seller shall submit to Buyer its schedule of Maintenance
Outages for the upcoming Contract Year ("Outage Schedule").
(c) Within ten (10) Business Days after its receipt of the Outage
Schedule, Buyer shall notify Seller in writing of any reasonable
request for changes to the Outage Schedule. If Buyer fails to
provide such Notice within the prescribed period, Buyer shall be
deemed to have approved the Outage Schedule. Any request by
Buyer for changes to the Outage Schedule must be submitted in
writing to Seller at least four (4) days in advance of the requested
date. Seller shall make commercially reasonable efforts to
accommodate such alternate dates. Seller may make reasonable
requests to change the approved Outage Schedule. Buyer shall
make commercially reasonable efforts to accommodate such
alternate dates, or if the alternate dates are imposed on Seller by
CAISO under any rights CAISO may have, such dates shall be
accepted.
(d) On the first Business Day of each quarter of each Contract Year,
Seller shall provide Buyer updates to the Outage Schedule and any
known Maintenance Outages for the following twelve (12) months.
(e) Additional Maintenance Outages may be taken with two (2) days'
advance written Notice to Buyer and with the consent of the Buyer,
such consent not to be unreasonably withheld or delayed; provided,
however, as to each of subparagraphs 6.3(a)- 6.3(c) above and this
subparagraph (e), that it is Good Industry Practice to interrupt the
Facility's generating availability in order to perform the maintenance
and/or inspection(s) for which the Maintenance Outage is claimed.
Seller shall notify Buyer of any Maintenance Outages not previously
scheduled as soon as practicable after the condition becomes
known to Seller. Seller shall submit outage schedules and all
subsequent changes, additions or modifications to the schedule
pursuant to CAISO protocols and timelines as set forth in the
CAISO Tariff, and Seller shall follow all CAISO outage coordination
protocols set forth therein.
(f)
(g)
Maintenance Outages may not exceed fifteen (15) calendar days
per Contract Year except as provided herein. If extenuating
circumstances arise during an ongoing Maintenance Outage, the
37
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P417
outage may be extended for a period of time necessary to ensure
the reliability of the Facility, not to exceed ninety (90) calendar
days, subject to Seller's providing reasonable notice to Buyer and
Buyer's approval not to be unreasonably withheld, conditioned or
delayed. In no event shall a Maintenance Outage qualify as Lost
Output or otherwise reduce Seller's GEP requirement pursuant to
Section 4.1 or 12.1(b)vii).
6.4 Buyer's Access Rights.
With reasonable prior Notice, Buyer shall have the right of access, at its expense
and at its own risk, to visit the Facility at reasonable hours for any purpose reasonably
connected with this Agreement; provided, that Buyer shall observe all applicable Facility
safety rules.
7. MILESTONES
7.1 Milestones.
(a) The Parties agree that time is of the essence and that certain
milestones for the achievement of COD of the Facility must be
achieved in a timely fashion or Buyer shall suffer damages. Such
milestones (the "Binding Milestones") are those Milestones that are
identified as "Binding" in Exhibit E. The day each Binding
Milestone must be achieved ("Binding Milestone Deadline") is set
forth in Exhibit E, as adjusted or extended according to this
Agreement.
(b) Seller shall use commercially reasonable efforts to meet the
Milestone Schedule set forth in Exhibit E and avoid or minimize any
delays in meeting this schedule. In addition to the reports and
certifications required under (c) below, Seller shall provide Buyer
any additional information concerning Seller's progress towards, or
confirmation of, achievement of the Milestones, as Buyer may
reasonably request from time to time.
(c) Starting on the Execution Date, Seller shall provide to Buyer written
monthly progress reports concerning the progress towards
completion of the Milestones set forth in Exhibit E. Seller shall
include in such report a list of all letters, notices, applications,
approvals, authorizations, filings, permits and licenses related to
any Transmission Provider, Governmental Authority or the CAISO
and shall provide any such documents as may be required on
Notice from Buyer. In addition, within five (5) Business Days of the
completion of each Milestone, Seller shall provide a certification to
Buyer (along with any supporting documentation) demonstrating
the satisfaction of the Milestone.
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(d) Seller shall advise Buyer as soon as reasonably practicable of any
problems or issues of which Seller is aware that may materially
impact Seller's ability to meet the Milestone Schedule. Upon
becoming aware that it will, or is reasonably likely to, fail to achieve
a Milestone by the required date, for any reason including Force
Majeure, Seller shall so notify Buyer in writing as soon as it is
reasonably practicable. Such Notice shall explain the cause of the
delay, provide an updated date for achievement of the Milestone(s)
and describe Seller's plan for meeting the Milestone. Seller's
Notice will also explain any impact such delay may or will have on
any other Milestone, and measures to be taken to mitigate such
impact.
(e) If Seller misses three (3) or more Milestones (other than a Binding
Milestone), or misses any one (1) by more than ninety (90) days,
except as the result of Force Majeure, Seller shall submit to Buyer,
within ten (10) Business Days of such missed Milestone, or the
expiration of the 90 day period, if applicable, a remedial action plan
("Remedial Action Plan"). The Remedial Action Plan must provide
a detailed description of Seller's proposed course of action to
achieve the missed Milestones and all subsequent Milestones by
the Commercial Operation Date; provided, that delivery of any
Remedial Action Plan shall not relieve Seller of its obligation to
meet any subsequent Milestones and the Commercial Operation
Date. Seller shall not have any liability for failure to timely achieve
a Milestone other than the obligation to submit a Remedial Action
Plan; provided, however, that the foregoing shall not limit Buyer's
right to exercise any right or remedy available under this
Agreement for any other Default occurring concurrently with or
before or after Seller's delay in achievement of the applicable
Milestone.
7.2 Force Majeure Extension.
In the event that a Force Majeure causes any delay to the achievement of the
Binding Milestone, the Binding Milestone Deadline may be extended by Seller upon
notice to Buyer day for day to reflect the occurrence and continuance of such Force
Majeure, for a period not to exceed one hundred eighty (180) days ("Force Majeure
Extension"). A Force Majeure Extension of any Binding Milestone shall extend the
deadline for subsequent Binding Milestones.
Seller may claim one or more Force Majeure Extensions, provided that (i) if
achievement of a Binding Milestone is extended more than one hundred eighty (180)
days after the Binding Milestone Deadline, the period of extension after one hundred
eighty (180) days will be subject to Daily Delay Damages as set forth in Section 7.4, and
(ii) the combined total of all Force Majeure Extensions claimed may not exceed three
hundred sixty (360) days.
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7.3 GSI Extension.
P419
Notwithstanding anything to the contrary contained in this PPA, the Parties
expressly acknowledge that on April 26, 2017, a petition was filed pursuant to Section
201 of the Trade Act of 1974, 19 U.S.C. 2251 et seq., in the United States International
Trade Commission ("USITC") regarding Crystalline Silicon Photovoltaic ("CSPV") Cells
and Modules, triggering a Global Safeguard Investigation ("GSI"). In the event any duty,
fee, minimum import tariff, or quota ("Relief Measures") is imposed by any part of the
U.S. government with respect to CSPV modules and/or CSPV cells as a result of the
GSI on or before the Commercial Operation Date Binding Milestone Deadline, as such
date may be extended pursuant to Section 7.2, then all Binding Milestone Deadlines on
and after the date of the Relief Measures are imposed may be extended by Seller upon
notice to Buyer of the imposition of such Relief Measure for a period of six (6) months
provided that Seller must provide Buyer at the time of its notice of extension a proposed
remedial plan which discusses Seller's proposal to achieve the Commercial Operation
Date Binding Milestone Deadline in light of the Relief Measures ("Remedial Action
Plan") ("Initial GSI Extension"). The Initial GSI Extension may be further extended for a
period of six (6) additional months if, prior to the end of the Initial GSI Extension, Seller
delivers written notice to Buyer which demonstrates to Buyer's reasonable satisfaction,
not to be unreasonably conditioned, withheld or delayed, that Seller has made
reasonable progress in taking the actions described in the Remedial Action Plan or such
other actions that are necessary to overcome the effects of the Relief Measures
("Additional GSI Extension"). In connection with any Additional GSI Extension, Seller
will deliver energy along with Renewable Energy Credits to Buyer, which shall be PCC1
Renewable Energy Credits in an amount equal to one-half of the Contract Year 1
Contract Quantity, and Buyer shall pay the Contract Price for any such energy and
Renewable Energy Credits received. An Initial GSI Extension and Additional GSI
Extension shall extend all Binding Milestone Deadlines after the Relief Measures are
imposed for the same six (6) or twelve (12) month period.
7.4 Daily Delay Damages.
(a) Seller shall cause the Facility to achieve each Binding Milestone by
the Binding Milestone Deadline set forth in Exhibit E, subject to
extensions of said Binding Milestone Deadlines pursuant to
Section 7.2, Section 7.3 or Section 4 hereof. In the event Seller
fails to achieve a Binding Milestone by its respective Binding
Milestone Deadline, as may be extended pursuant to Section 7.2,
Section 7.3 or Section 7.34 hereof, Buyer will be entitled to
damages in the amount of Three Thousand Three Hundred Thirty -
Three Dollars ($3,333.00) per day provided that if Seller is delayed
in achieving more than one Binding Milestone concurrently, then
Seller shall be required to pay for only one missed Binding
Milestone at any one time ("Daily Delay Damages") calculated as
provided in Section 7.4(b) below. At Seller's option, Daily Delay
Damages may be paid either in cash or by draw upon the
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P420
Development Period Security per Section 10.1. In the event that
Seller achieves Commercial Operation by the Binding Milestone
Deadline therefor, then Buyer shall refund to Seller, without
interest, any amounts previously paid to Buyer as Daily Delay
Damages for failure to achieve any Binding Milestone by the
respective Binding Milestone Deadlines therefor.
(b) At least five (5) Business Days before the Commercial Operation
Date Binding Milestone Deadline, as such date may be extended
pursuant to Section 7.2 or Section 7.3, Seller may submit a Notice
to Buyer claiming an extension not to exceed ninety (90) days from
the Commercial Operation Date Binding Milestone Deadline, as
such date may be extended pursuant to Section 7.2 or Section 7.3,
in which case Buyer shall be entitled to Daily Delay Damages for
each day beginning from the first day of the extension until the
earlier of: (1) COD; (2) the day total accrued Daily Delay Damages
equal Three Hundred Thousand Dollars ($300,000.00); or (3) Seller
informs Buyer that Seller wishes to cease claiming an extension
and Seller has not achieved COD. Buyer shall be entitled to
terminate this Agreement based on the occurrence of an Event of
Default under Section 12.1(b)vi) if COD has not been achieved
before the earlier of: (1) the ninety-first day from the Commercial
Operation Date Binding Milestone Deadline, as such date may be
extended pursuant to Section 7.2 or Section 7.3; (2) the day total
accrued Daily Delay Damages equals Three Hundred Thousand
Dollars ($300,000.00); or (3) Seller informs Buyer it wishes to
cease claiming an extension.
8. METERING
8.1 Meter and Transformer.
(a) At Seller's sole cost and expense, Seller or its designee shall
select, provide, install, own, maintain, repair and operate a single
CAISO-compliant Revenue Meter ("CAISO Revenue Meter") and
corresponding step-up transformer to measure the delivery of
Energy from the Facility in accordance with the CAISO Tariff and
Business Practice Manuals (BPM).
(b) Seller shall provide Buyer with read-only access to OMAR or its
successor and the CAISO Revenue Meter.
(c) Seller shall include in each invoice the unadjusted readings from
the CAISO Revenue Meter in a readable electronic format (i.e.,
comma delimited text files, Excel spreadsheets, etc.), and any
meter and step-up transformer adjustment, or loss factors (if
applicable).
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P421
(d) The CAISO Revenue Meter must be dedicated solely to the Facility
and exclusively measure output of the Facility.
(e) At least ninety (90) days prior to finalizing its meter configuration,
the Seller shall provide to Buyer for its review the Facility's metering
schematic (single line diagram). Such schematic shall clearly
depict the location of the CAISO Revenue Meter and corresponding
step-up transformer specifically with respect to the CAISO
Controlled Grid and/or the Transmission Provider's distribution
system for the Facility. Buyer will Notice Seller within thirty (30)
days indicating whether the metering configuration is consistent
with this Agreement. Seller shall make any reasonable changes
requested by Buyer to the schematic and/or configuration and shall
resubmit a revised schematic to Buyer for its review in accordance
with this Section 8.1(e). Seller shall provide to Buyer make, model,
test procedures and acceptable test limits of the selected CAISO
approved Revenue Meter and corresponding step-up transformer.
8.2 CAISO Standards.
Seller shall comply with all CAISO agreements, tariffs, BPM, and standards
applicable to energy metering. To facilitate the monthly settlement process, Seller shall
authorize Buyer to view the Facility's CAISO on-line meter data by identifying Buyer as
an authorized user with "read only" privileges on the applicable CAISO Meter Service
Agreement Schedule.
8.3 Testing, Audit, and Calibration.
Seller shall perform (or cause to be performed), at its expense, annual testing,
audit, and/or calibration of the CAISO Revenue Meter and the corresponding step-up
transformer (if applicable) in accordance with Good Industry Practices and CAISO
agreements, tariffs, BPM, and standards. Seller shall Notice Buyer ten (10) Business
Days in advance of any inspection, testing, audit, or calibration of the CAISO Revenue
Meter and/or the corresponding step-up transformer (if applicable). Buyer shall have
the right to have a representative present at such inspection, test, audit, or calibration of
the CAISO Revenue Meter and corresponding step-up transformer (if applicable).
Seller shall provide Buyer with a copy of any CAISO notice, exemption, approval,
certification, report, finding, or result, including any changes needed or made to the
settings or configuration of the CAISO Revenue Meter or corresponding step-up
transformer (if applicable), no later than ten (10) Business Days after it becomes
available.
Buyer's representative's presence (or lack thereof) during inspection, test, audit,
or calibration of the CAISO Revenue Meter and corresponding step-up transformer (if
applicable) shall not waive the requirements above or relieve the Seller of any
obligations hereunder.
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8.4 Inaccurate Meter.
P422
If the Revenue Meter is inaccurate, Seller shall promptly cause such CAISO
Revenue Meter to be corrected in accordance with Good Industry Practices and with
CAISO agreements, tariffs, BPM, and standards; provided, however, neither Party shall
be entitled to a Payment adjustment hereunder for any previous period of inaccurate
CAISO Revenue Meter readings solely by reason of such inaccuracy, and provided
further that Seller shall bear any and all costs, fines or penalties imposed by CAISO as
a result of the inaccurate CAISO Revenue Meter.
9. BILLING AND PAYMENT
9.1 Billing Period.
The accounting and billing period for transactions under this Agreement shall be
one (1) calendar month ("Billing Period").
9.2 Monthly Invoice Calculation.
After COD is achieved, and for the remainder of the Term, on or before the tenth
(10th) Business Day of each calendar month immediately following a calendar month in
which Seller transfers WREGIS Certificates to Buyer's account, the Parties shall send
invoices for charges under this Agreement. Seller shall invoice Buyer for the Product no
earlier than upon completion of the transfer of the associated WREGIS certificates.
Invoices sent to any Party shall be sent to the appropriate billing address as set forth in
Exhibit D. In each monthly invoice, Seller shall state the following: (a) the hourly
volumes of the Product for the Billing Period and (b) the Monthly Payment amount due
from Buyer for the Product for the Billing Period as calculated in accordance with
Section 2.3. Any invoice from a Party to the other Party shall include supporting
documentation. Commencing on the COD and continuing throughout the Delivery
Period, Seller shall calculate Lost Output and prepare and provide to Buyer a detailed
monthly Lost Output report with supporting documentation with each monthly invoice, if
applicable. Seller shall send adjustment invoices to Buyer as soon as practicable if
changes that affect a payment occur after Seller has already invoiced Buyer; such
changes would include CAISO's adjustment of the LMP assigned to a particular hour
and WREGIS' adjustment to the number of WREGIS Certificates transferred to Buyer's
account.
9.3 Method and Time of Payment.
Payments for undisputed amounts invoiced under this Agreement shall be
delivered to the Party to be paid on or before the thirtieth (30th) day after receipt of the
invoice. If the due date falls on a non -Business Day, then the payment shall be due on
the following Business Day. Payment shall be deemed delivered on time if sent via
electronic funds transfer, as set forth in Exhibit D, prior to 5 p.m. PST on the due date.
Parties shall submit all payments under this Agreement to each other's representative
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P423
for billing as shown in Exhibit D. Any changes to the address designated for purposes
of payment must be made by Notice to the other Party at the address listed in Exhibit D
at least sixty (60) days prior to the first submittal of payment to the new address.
9.4 Examination and Correction of Invoices; Disputes.
In order to dispute an invoice in whole or in part, a Party must provide written
Notice of the dispute to the other Party. Such written Notice shall specify the amount in
dispute and state the basis for the dispute. In case any portion of the invoice is in
dispute, only the undisputed amount must be paid. Any excess amount that, through
inadvertent errors or as a result of a dispute, may have been overpaid or underpaid
shall be returned or paid (as appropriate) by the owing Party upon determination of the
correct amount, with interest calculated in a manner set forth in Section 9.7. A Party
shall have the right to dispute the accuracy of any invoice or payment only for a period
of three (3) years after the date of delivery of the invoice that first contained the disputed
charge.
9.5 Non -Delivery of Invoices.
If a Party's records reveal that an invoice was not delivered, the Party may
deliver to the appropriate Party an invoice no later than one (1) year after the date on
which the invoice would have been delivered under Section 9.1. No right to payment
exists, and the Parties agree not to assert any such right, with respect to any amounts
not invoiced within the one (1) year period.
9.6 Record -Keeping.
Each Party shall keep complete and accurate records, and shall maintain such
data as may be necessary for the purpose of ascertaining the accuracy of all relevant
data, estimates, or invoices submitted hereunder for a period of three (3) years from the
due date of the final payment under this Agreement. Within a three (3) year period from
the due date on which the invoice was initially delivered, any Party may request in
writing copies of the records of the other Party to the extent reasonably necessary to
verify the accuracy of any invoice. The Party from which documents or data have been
requested shall provide all reasonably requested documents and data within a
reasonable time period and in no event later than thirty (30) days. If applicable, such
requested data shall include, but is not limited to, read-only access to the following
CAISO systems for the Facility: the Automatic Dispatch System, the CAISO Master File
for the Resource, Scheduling Infrastructure and Business Rules system, the Outage
Management system for the CAISO, the CAISO Market Results Interface system,
OMAR, and Secure File Transfer Protocol systems for the downloading of settlement
data, or any of their respective successors. Parties agree that Section 15.12 applies to
all information provided pursuant to this Section 9.6.
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9.7 Timeliness of Payment.
P424
Except where payment is the subject of a bona fide dispute, or where
otherwise waived by the Party entitled to interest, if any payment due from Buyer to
Seller or from Seller to Buyer under this PPA is not paid when due, then, in addition to
such unpaid amount, interest shall be due and payable thereon. Applicable interest
shall be calculated at a rate equal to the lesser of (i) two percent (2%) above the per
annum Prime Rate reported daily in The Wall Street Journal, or (ii) ten percent (10%)
per annum, and shall continue to accrue from the date on which such payment became
overdue to and until the date such payment is made in full (both dates inclusive).
9.8 Right to Set Off.
In addition to any right now or hereafter granted under Applicable Law and not by
way of limitation of any such rights, either Party shall have the right at any time or from
time to time to reduce any undisputed amount due to the other Party under this
Agreement by any undisputed amount owed to the other Party under this Agreement.
9.9 Contract Representative.
Seller will provide contract representatives, as set forth in Exhibit D, who shall be
accessible to Buyer in case of emergency, at the Seller's sole cost and expense.
10. CREDIT REQUIREMENTS
10.1 Development Period Security.
(a) Seller shall be required to establish collateral in favor of Buyer by
providing Buyer with cash, a Letter of Credit from a Qualified Issuer
or a performance and payment bond substantially in the form of
Exhibit I from a Qualified Issuer, or any combination thereof
provided that, unless otherwise agreed to by Buyer in writing, in no
event may the amount of security posted by Seller in the form of a
payment bond exceed forty percent (40%) of Seller's Developer
Period Security requirement, to secure Seller's obligations under
this Agreement for the period between the Execution Date and the
Commercial Operation Date (the "Development Period Security").
(b) The Development Period Security shall be provided on or prior to
thirty (30) days after the Execution Date and shall be maintained in
full force and effect by Seller until the return date specified in
Section 10.4 below. The amount of the Development Period
Security shall be maintained at Three Hundred Thousand Dollars
($300,000.00); provided, however, in the case of any payment of
damages associated with a delay in a Binding Milestone pursuant
to Section 7.4, the Seller shall not be required to replenish the
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P425
Development Period Security to a level in excess of the then -
remaining amount of the Damage Payment.
(c) In the event, prior to COD, Buyer terminates this Agreement due to
Seller's Event of Default as set forth in Section 12.1, as applicable,
Buyer shall be entitled to any Development Period Security equal to
the Settlement Amount payable by Seller to Buyer pursuant to
Section 13.2. Any excess Development Period Security shall be
returned to Seller pursuant to the provisions of Section 10.4.
10.2 Delivery Period Security.
(a) Seller shall be required to establish collateral in favor of Buyer by
providing Buyer with cash, a Letter of Credit from a Qualified Issuer
or a performance and payment bond substantially in the form of
Exhibit I from a Qualified Issuer, or any combination thereof,
provided that, unless otherwise agreed to by Buyer in writing, in no
event may the amount of security posted by Seller in the form of a
payment bond exceed forty percent (40%) of Seller's Delivery
Period Security requirement, to secure Seller's performance of its
obligations under this Agreement during the Delivery Period (the
"Delivery Period Security").
(b) The Delivery Period Security pursuant to this Section 10.2 shall be
provided on or prior to COD and shall be maintained in full force
and effect by Seller until the return date specified in Section 10.4
below. The amount of the Delivery Period Security shall be
maintained at Four Hundred Fifty Thousand Dollars ($450,000.00).
(c) In the event, after COD, Buyer terminates this Agreement due to
Seller, after COD Default as set forth in Section 12.1, as
applicable, Buyer shall be entitled to draw on the Delivery Period
Security to the extent required to satisfy any Settlement Amount
payable by Seller to Buyer pursuant to Section 13.2. The Delivery
Period Security drawn by Buyer shall be credited against the
Settlement Amount payable by Seller and any excess Delivery
Period Security shall be returned to Seller pursuant to the
provisions of Section 10.4.
10.3 Letters of Credit.
(a) In all cases, the reasonable costs and expenses of establishing,
renewing, substituting, canceling, increasing, reducing, or otherwise
administering the Letter of Credit shall be borne by the Seller.
(b) If the rating of the financial institution issuing the Letter of Credit
ceases to make it a Qualified Issuer, Buyer may require Seller by
Notice to Seller to replace the Letter of Credit, within ten (10)
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P426
Business Days of the date of such Notice, with a Letter of Credit
from another Qualified Issuer.
(c) Any Letter of Credit required under this Agreement must cover the
full Development Period Security or Delivery Period Security
amount, respectively. Each Letter of Credit shall include a
provision for at least thirty (30) days advance Notice to Buyer of
any expiration so as to allow Buyer sufficient time to exercise its
rights under the Letter of Credit if Seller fails to extend or replace
the Letter of Credit.
10.4 Return of Letters of Credit.
(a) Buyer shall return to Seller the unused portion of the Development
Period Security after the earlier of (A) the date on which Seller has
delivered the Delivery Period Security, provided all obligations
secured by the Development Period Security have been met, (B)
termination of the Agreement, or (C) as provided in Section 10.6.
(b) Buyer shall promptly return to Seller the unused portion of the
Delivery Period Security after the earlier of: (A) the occurrence of
both of the following (i) the Delivery Term has expired or terminated
early; and (ii) all payment obligations of the Seller arising under this
Agreement, including compensation for penalties, payment of
Settlement Amount, indemnification payments or other damages for
known claims, and including any obligations arising by virtue of
CAISO reruns, are paid in full (whether directly or indirectly such as
through set-off or netting) not to exceed three (3) years following
the end of the Term; provided that the Parties may mutually agree
to reduce the Delivery Period Security during the three (3) year
period following the end of the Term to an amount commensurate
with Seller's then -remaining payment obligations; or (B) as provided
in Section 10.6.
10.5 Grant of Security Interest/Remedies.
To secure its obligations under this Agreement and to the extent Seller delivers
the Development Period Security or Delivery Period Security, as applicable, hereunder,
Seller hereby grants to Buyer, as the secured party, a first priority security interest in,
and lien on (and right of setoff against), and assignment of, all such Letters of Credit
posted with Buyer and any and all proceeds resulting therefrom or the liquidation
thereof, whether now or hereafter held by, on behalf of, or for the benefit of, Buyer.
Within thirty (30) days of the delivery of the Development Period Security or Delivery
Period Security, as applicable, Seller agrees to take such action as Buyer reasonably
requires in order to perfect a first -priority security interest in, and lien on (and right of
setoff against), such Letters of Credit and any and all proceeds resulting therefrom or
from the liquidation thereof.
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P427
10.6 Substitution of Development Period Security and Delivery Period
Security.
So long as there is no Event of Default with respect to Seller, Development
Period Security and Delivery Period Security may be substituted with any other
acceptable form of Development Period Security or Delivery Period Security, as
applicable. Buyer shall promptly return any Development Period Security or Delivery
Period Security upon Seller's provision of replacement Development Period Security or
Delivery Period Security, as applicable.
11. FORCE MAJEURE
11.1 Force Majeure Definition.
"Force Majeure" means:
(a) any cause or event beyond the reasonable control of the affected
Party which causes either Party to fail to perform that (i) was not
foreseeable as of the Execution Date, (ii) was not due directly or
indirectly to the fault or negligence of the affected Party, and (iii)
could not reasonably have been avoided, overcome, prevented, or
mitigated by the affected Party's exercise of due diligence and use
of reasonable precautions and efforts.
(b) Subject to (a) above, events that could qualify as Force Majeure
include:
i. Acts of God, such as extreme weather conditions, droughts,
floods, earthquakes, volcanic eruption, epidemics, or other
natural disaster;
ii. fires, explosions, accidents that could not have been
prevented by acting in accordance with Good Industry
Practice; or
iii. war (declared or undeclared), riots, insurrection, rebellion,
acts of the public enemy, acts of vandalism, terrorism and/or
sabotage, blockades, embargoes, industry -wide strikes.
(c) Force Majeure shall not include, but is not limited to, such events
as:
i. economic factors or the economic hardship of either Party;
ii. events arising from the failure to operate and maintain the
Facility in accordance with Good Industry Practice;
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P428
iii. events that merely increase the cost of a Party's
performance;
iv. the lack of wind, sun or other fuel source of an inherently
intermittent nature, except to the extent caused solely by an
event of Force Majeure of the specific types described in any
of subsections (b)(i)-(iii);
v. failure of third parties to provide goods or services essential
to a Party's performance except to the extent caused solely
by an event of Force Majeure of the specific types described
in any of subsections (b)(i)-(iii);
vi. reductions in generation from the Facility resulting from
ordinary wear and tear, deferred maintenance or Operator
error;
vii. mechanical breakdown, or electrical breakdown, or failure of
any such machinery or equipment of all or part of the Facility
unless caused solely by Buyer or an event of Force Majeure
of the specific types described in any of subsections (b)(i)-
(iii);
viii. the loss or failure of Seller's supply;
ix. Seller's ability to sell the Product at a price greater than the
Contract Price;
x. Buyer's ability to purchase replacement product at a price
less than the Contract Price;
xi. any delay in providing, or denial of, any Governmental
Approval for the construction, operation, or maintenance of
the Facility;
xii. any delay in providing, failure to obtain, or cancellation of
interconnection service;
xiii. curtailment or reduction in deliveries at the direction of a
Transmission Provider or the CAISO unless caused solely
by an event of Force Majeure of the specific types described
in any of subsections (b)(i)-(iii);
xiv. Seller's failure to obtain financing or other funds, including
funds authorized by a state or the federal government or
agencies thereof, to supplement the payments made by
Buyer pursuant to this Agreement;
P429
xv. a strike, work stoppage or labor dispute limited only to any
one or more of Seller, Seller's Affiliates, the engineering,
procurement and construction contractors or subcontractors
thereof or any other third party employed by Seller to work
on the Facility; or
xvi. any delay resulting from litigation relating to or affecting the
Facility or the Site.
11.2 Force Majeure Procedure.
(a) To the extent either Party is prevented by Force Majeure from
carrying out, in whole or in part, its obligations under this
Agreement, and such Party (the "Claiming Party") gives Notice and
details of the Force Majeure to the other Party as soon as
practicable, then, unless as otherwise expressly provided herein,
and as limited in Section 7.2, the Claiming Party shall be excused
from the performance of its obligations (other than the obligation to
make payments then due or becoming due with respect to
performance prior to the Force Majeure). The Claiming Party shall
remedy the Force Majeure with all reasonable dispatch. The non -
Claiming Party shall not be required to perform or resume
performance of its obligations to the Claiming Party corresponding
to the obligations of the Claiming Party excused by Force Majeure.
(b) Any Party claiming Force Majeure shall advise the other Party as
soon as possible of the occurrence of the event and shall provide
the other Party with the basis of the claim, in writing, within ten (10)
days of the occurrence of the event.
(c) The Parties shall make reasonable efforts to avoid the adverse
impacts of a Force Majeure and to resolve the event or occurrence
once it has occurred in order to resume performance.
(d) If a Force Majeure affecting a Party continues for an uninterrupted
period of one hundred eighty (180) days from its inception (with
respect to Force Majeure occurring prior to COD) or three hundred
sixty-five (365) Days from its inception (with respect to Force
Majeure occurring after COD), the non -Claiming Party may, at any
time following the end of such period, terminate this Agreement
upon Notice to the other Party, without further obligation by either
Party except as to costs and balances incurred prior to the effective
date of such termination; provided, however, that if the Force
Majeure is one affecting Seller and can be corrected through repair
or restoration work to the Facility or other actions by Seller, and
Seller provides evidence satisfactory to Buyer that it is diligently
pursuing such actions, then Buyer shall not have the right to
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terminate this Agreement for an additional ninety (90) day period so
long as (i) Seller is using Good Industry Practice to complete such
repair work, restoration or such other actions, and (ii) prior to
expiration of the initial one hundred eighty (180) or three hundred
sixty-five (365) Day period, Seller informs and provides reasonable
proof to Buyer of Seller's intention and ability to undertake and
complete such actions.
12. EVENTS OF DEFAULT
12.1 Events of Default.
An "Event of Default" shall mean, with respect to a Party (a "Defaulting Party"),
the occurrence of any of the following
(a) With respect to either Party:
i. The failure to make, when due, any payment required
pursuant to this Agreement if such failure is not remedied
within fifteen (15) calendar days after Notice of the failure;
ii. Any representation or warranty made by such Party herein is
false or misleading in any material respect when made or
when deemed made or repeated if the representation or
warranty is continuing in nature, provided, if
A. The misrepresentation or breach of warranty is
capable of a cure, an Event of Default will be deemed
to occur if the misrepresentation or breach of warranty
is not remedied within thirty (30) days after Notice;
provided, however, that if such misrepresentation or
breach is not reasonably capable of being remedied
within the thirty (30) day cure period, such Party shall
have such additional time (not exceeding an
additional thirty (30) days) as is reasonably necessary
to remedy such misrepresentation or breach, so long
as such Party promptly commences and diligently
pursues such remedy; or
B. The misrepresentation or breach of warranty is not
capable of cure, but the non -breaching Party's
damages resulting from the inaccuracy can
reasonably be ascertained, an Event of Default will be
deemed to occur if the payment of such damages is
not made within ten (10) Business Days after a Notice
of these damages is provided by the non -breaching
Party to the breaching Party;
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iii. Except for an obligation to make payment when due, the
failure to perform any material covenant or obligation set
forth in this Agreement (except to the extent constituting a
separate Event of Default or to the extent excused by a
Force Majeure) if such failure is not remedied within thirty
(30) days after written Notice, which Notice sets forth in
reasonable detail the nature of the failure; provided,
however, that if such failure is not reasonably capable of
being remedied within the thirty (30) day cure period, such
Party shall have such additional time (not exceeding an
additional thirty (30) days) as is reasonably necessary to
remedy such failure, so long as such Party promptly
commences and diligently pursues such remedy;
iv. Such Party becomes Bankrupt;
v. Such Party consolidates or amalgamates with, or merges
with or into, or transfers all or substantially all of its assets to,
another entity and, at the time of such consolidation,
amalgamation, merger or transfer, the resulting surviving or
transferee entity fails to assume all the obligations of that
Party under this Agreement to which it or its predecessor
was a party by operation of law or pursuant to an agreement
reasonably satisfactory to the other Party; or
vi. Such Party assigns this Agreement or any of its rights
hereunder other than in compliance with Sections 15.3, 15.4
or 15.5, as applicable.
(b) With respect to Seller as the Defaulting Party, the occurrence of
any of the following:
i. Failure by Seller to provide or maintain the Development
Period Security as required by Section 10.1, if such failure is
not remedied within ten (10) Business Days after written
Notice from Buyer;
ii. Failure by Seller to post and maintain the Delivery Period
Security as required by Section 10.2, if such failure is not
remedied within ten (10) Business Days after written Notice
from Buyer;
iii. With respect to any outstanding Letter of Credit, the failure
by Seller to provide for the benefit of Buyer a substitute
Letter of Credit from a different Qualified Issuer within ten
(10) Business Days after Seller receives Notice of the
occurrence of any of the following events:
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A. the issuer of the outstanding Letter of Credit fails to
maintain a Credit Rating of at least "A-" by S&P or
"A3" by Moody's;
B. the issuer of such Letter of Credit becomes Bankrupt;
C. the issuer of the outstanding Letter of Credit fails to
comply with or perform its obligations under such
Letter of Credit and such failure shall be continuing
after the lapse of any applicable grace period
permitted under such Letter of Credit;
D. the issuer of the outstanding Letter of Credit fails to
honor a properly documented request to draw on
such Letter of Credit;
E. the issuer of the outstanding Letter of Credit
disaffirms, disclaims, repudiates or rejects, in whole or
in part, or challenges the validity of, such Letter of
Credit; or
F. such Letter of Credit fails or ceases to be in full force
and effect at any time.
iv. Failure by Seller to renew or cause the renewal of each
outstanding Letter of Credit on a timely basis as provided in
the relevant Letter of Credit and as provided in this
Agreement, and in no event less than sixty (60) days prior to
the expiration of the outstanding Letter of Credit;
v. Failure by Seller to achieve the Binding Milestone by the
Binding Milestone Deadline set forth in Exhibit E, as such
deadline may be extended under Section 7.2, 7.3 or 7.34;
vi. Except as otherwise permitted under this Agreement, Seller
does not own or control the Facility;
vii. Failure of the Facility to generate at least fifty percent (50%)
of Contract Quantity annually, provided that, (i) any Lost
Output shall be deemed to have been delivered for purposes
of such calculation, and (ii) if the failure to meet the fifty
percent (50%) requirement is principally caused by a Major
Equipment Malfunction and Seller is making commercially
reasonable efforts to remedy and such Major Equipment
Malfunction is remedied within three hundred sixty-five (365)
days of the Major Equipment Malfunction, no Event of
Default shall have occurred;
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viii. Failure by Seller to operate the Facility for a continuous
period of sixty (60) days, other than in the event of Force
Majeure, due to a Major Equipment Malfunction, as may be
required by CAISO or the Transmission Provider, or due to
action or inaction of Buyer;
ix. Seller intentionally or knowingly schedules or delivers, or
attempts to schedule or deliver, at the Delivery Point for sale
under this Agreement electric energy that was not in fact
generated by the Facility;
x. Seller removes any site equipment upon which the Installed
Contract Capacity has been based, except in connection
with permitted modifications under Section 15.1 below, or as
required for purposes of replacement, refurbishment, repair
or maintenance if the equipment is not returned within five
(5) Business Days after Notice from Buyer;
xi. The Facility consists of an ERR type(s) that is different from
solar photovoltaic;
xii. Except where there has been a change in Applicable Law
that would affect Seller's status as an ERR, and Seller has
made commercially reasonable efforts in accordance with
Section 3.3(b) to comply with the change, the Facility fails to
qualify as an ERR;
xiii. A termination as a result of a Seller default of any agreement
necessary for Seller to:
A. interconnect the Facility to the Transmission
Provider's electric system;
B. transmit the electric energy on the Transmission
Provider's electric system; or
C. comply with the CAISO Tariff or relevant
Transmission Provider's tariff (as applicable)
and such service is not reinstated, or alternative
arrangements implemented, within thirty (30) days after such
termination;
xiv. Except as otherwise provided in this Agreement, including in
Section 3.3, Seller fails to take any action necessary to
dedicate, convey or effectuate the use of any and all
Environmental Attributes and Capacity Attributes including
Resource Adequacy Benefits, if any, for Buyer's sole benefit
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if such failure is not remedied within ten (10) Business Days
after written Notice from Buyer;
xv. Seller withdraws, transfers, or assigns its Interconnection
Queue Position for the Facility except as permitted in
Section 15.2(c);
xvi. Without prior written consent of Buyer, Seller installs
generating capacity in excess of the Expected Contract
Capacity at the Facility on the Site and such excess
generating capacity is not removed or otherwise limited
within five (5) Business Days after Notice from Buyer;
xvii. Seller fails to take all commercially reasonable actions,
including any actions required in Seller's interconnection
agreement, to expeditiously obtain Full Capacity
Deliverability Status if such failure is not remedied within ten
(10) Business Days after written Notice from Buyer;
xviii. Except as provided and in accordance with Section 15.2,
Seller assigns or transfers its rights, obligations, interests,
property or title under or in the interconnection agreement or
in any Shared Facilities Agreement which would reasonably
be expected to have a material adverse effect on either the
Facility or the rights of Seller under the Shared Facilities
Agreement(s), without the consent of Buyer;
xix. Seller fails to comply with any of the requirements of
Section 15.2; or
xx. Seller sells or attempts to sell any Product of the Facility to a
third party; provided that to the extent the Seller participates
in the CAISO markets solely for the purposes of effectuating
the terms of this Agreement it shall not be considered a third
party sale.
13. TERMINATION; REMEDIES
13.1 Remedies.
If an Event of Default with respect to a Defaulting Party has occurred and is
continuing, the other Party ("Non -Defaulting Party") shall have the following rights,
which shall be cumulative and in addition to the rights of the Parties otherwise provided
in this Agreement:
(a) Send Notice, designating a day, no earlier than the day such Notice
is deemed to be received and no later than twenty (20) days after
such Notice is deemed to be received, as an early termination date
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of this Agreement ("Early Termination Date"). If the Non -Defaulting
Party elects not to terminate the Agreement or exercise remedies
available pursuant to this Agreement following an Event of Default,
this election shall not constitute a waiver by the Non -Defaulting
Party as to any subsequent Event of Default by the Defaulting
Party;
(b) Accelerate all amounts owing between the Parties;
(c) Withhold any payments due to the Defaulting Party under this
Agreement;
(d) Exercise its rights pursuant to Section 7.4 or 10.1 to draw upon any
retained Development Period Security, or its rights pursuant to
Section 10.2 to draw upon any retained Delivery Period Security, as
applicable, and to liquidate all Development Period Security or
Delivery Period Security, as applicable, then held by or for the
benefit of Buyer free from any claim or right of any nature
whatsoever of Seller, including any equity or right of purchase or
redemption by Seller, and exercise any of the other rights and
remedies of a secured party with respect to all Development Period
Security or Delivery Period Security, as applicable, including any
such rights and remedies under the law then in effect. Buyer shall
apply the proceeds of the collateral realized to reduce Seller's
obligations under the Agreement with Seller remaining liable for
any amounts owing to Buyer after such application, subject in
the case of the Delivery Period Security to the Buyer's obligation to
return any surplus proceeds remaining after such obligations are
satisfied in full; and
(e) Collect the Settlement Amount calculated in accordance with
Section 13.2;
(f)
(g)
Suspend Performance, excluding the obligation to post and
maintain Development Period Security and Delivery Period Security
in accordance with Section 10; and
Exercise any other rights or remedies available at law or in equity
(including the collection of monetary damages) to the extent
otherwise permitted under this Agreement.
Seller shall provide Buyer with a Notice identifying the Facility Lender(s) and
providing appropriate contact information for the Facility Lender(s). Following receipt of
such Notice, Buyer shall provide Notice of any breach or default of Seller to the Facility
Lender, and Buyer will accept a cure performed by the Facility Lender, so long as the
cure is accomplished within the applicable cure period set forth in this PPA or the lender
consent to assignment.
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The Non -Defaulting Party's election to exercise or not exercise any of the above
rights following an Event of Default shall not constitute a waiver by the Non -Defaulting
Party of any remedy with respect to any subsequent Event of Default by the Defaulting
Party.
13.2 Settlement Amount Calculations.
(a) The "Settlement Amount" means the sum of all amounts owed to
the Non -Defaulting Party under this Agreement, including the Seller
Default Damages or Buyer Default Damages, as applicable, less
any amounts owed by the Non -Defaulting Party to the Defaulting
Party determined as of the Early Termination Date except as
otherwise set forth herein.
(b) If the Non -Defaulting Party's Settlement Amount exceeds zero, that
amount shall be paid by the Defaulting Party to the Non -Defaulting
Party within ten (10) Business Days after Notice is provided. If the
Settlement Amount is less than zero (i.e., the Non -Defaulting Party
owes the Defaulting Party more than the Defaulting Party owes the
Non -Defaulting Party), the Non -Defaulting Party shall not be liable
for any payments to the Defaulting Party and shall be entitled to
recover Costs, to be paid within thirty (30) days after Notice is
provided.
(c) The Non -Defaulting Party shall calculate the Settlement Amount in
a commercially reasonable manner. Third Parties supplying
information for purposes of calculating gains or losses may include
dealers in the relevant markets, end-users of the relevant product,
information vendors and other sources of market information. If the
Non -Defaulting Party uses the market price for a comparable
transaction to determine the gains or losses, such prices should be
determined by using the average of market quotations provided by
three (3) or more bona fide unaffiliated market participants. If the
number of available quotes is three (3), then the average of the
three (3) quotes shall be deemed to be market price. Where a
quote is in the form of a bid and ask price, the price that is to be
used in the averaging is the midpoint between the bid and ask
price. The quotes shall be obtained in a commercially reasonable
manner and shall be (i) for a like amount, (ii) of the same product,
(iii) at the same or comparable Delivery Point, and (iv) for the
remaining delivery term. Regardless of the method chosen by the
Non -Defaulting Party to calculate the Settlement Amount, the
Settlement Amount must still be reasonable under the
circumstances.
57
(d) The Non -Defaulting Party shall not have to enter into replacement
transactions to establish a Settlement Amount.
(e) The Parties shall negotiate in good faith to resolve any disputes
regarding the calculation of the Settlement Amount.
(f) The Settlement Amount shall not include consequential, incidental,
punitive, exemplary, indirect, or business interruption damages.
13.3 Settlement Amount- Seller as Defaulting Party.
plus
less
(a) If Seller is the Defaulting Party, the Settlement Amount shall include
an amount (the "Buyer Purchase Damages") equal to the
discounted value (discounted at a discount rate of one (1) percent
above the rate accrued on June 30 of the prior year by the Pooled
Money Investment Account, not to exceed a rate of fifteen (15)
percent) of the positive difference, if any, of:
i. all dollar amounts that Buyer would, in the manner set forth
below, be expected to pay at the prevailing market
conditions (utilizing commercially reasonable efforts) to buy
from a third party Product comparable to what is being
purchased under this Agreement through the remainder of
the Delivery Period;
ii. all incremental costs over and above those that Buyer would
otherwise incur; provided that such costs are quantifiable
and directly related to the termination of this Agreement;
iii. all dollar amounts Buyer would have been expected to pay
to Seller under this Agreement through the remainder of the
Delivery Period;
iv. provided, however, that, for an Event of Default occurring
prior to the Commercial Operation Date, in no event shall the
Settlement Amount exceed an amount equal to the Damage
Payment.
(b) Buyer shall calculate the Buyer Purchase Damages in a
commercially reasonable manner using relevant market and/or
industry data that it deems appropriate. In no event shall Buyer
Purchase Damages include any penalties or ratcheted demand or
similar charges, nor shall Buyer be required to utilize or change its
utilization of its owned or controlled assets or market positions to
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minimize Seller's liability. For the purposes of this definition, Buyer
shall not be required to actually have purchased replacement
Product to calculate Buyer Purchase Damages as set forth herein.
If Buyer Purchase Damages are owed as a result of an Event of
Default and the Buyer Purchase Damages are a negative number
then the Buyer Purchase Damages shall be deemed to equal Zero
Dollars ($0) (i.e., if the estimated cost for Buyer of obtaining
substantially similar products is less than the amount it would have
paid Seller, neither Party shall owe any damages to the other).
Buyer shall provide the Buyer Purchase Damages calculations,
including the supporting data such as associated charges and other
relevant assumptions used to calculate the Buyer Purchase
Damages, to the degree Buyer reasonably deems pertinent. In
Seller's sole discretion it may request and Buyer shall provide all
documentation reasonably required by Seller in order to verify the
Buyer Purchase Damages.
(c) Upon receipt of the Buyer Purchase Damages, if Seller disputes the
calculation of the Buyer Purchase Damages, in whole or in part,
Seller shall, within fifteen (15) Business Days following its receipt of
such Notice, provide to Buyer a detailed written explanation of the
basis for such dispute; provided, however, Seller can only dispute
the calculation based on a failure as to the material assumptions
used in preparation of the Buyer Purchase Damages. Buyer shall
nevertheless be entitled during the pendency of any dispute to draw
the entire amount due from the Delivery Period Security set forth in
Section 10.2. Any dispute as described above shall be pursued
through the dispute resolution process as described in
Section 16.11 of this Agreement. Upon resolution of the dispute,
any amount required to be returned to Seller by Buyer shall be paid
within thirty (30) Business Days following such resolution.
13.4 Settlement Amount- Buyer as Defaulting Party.
plus
(a) If Buyer is the Defaulting Party, the Settlement Amount shall
include an amount (the "Seller Sales Damages") calculated as the
discounted value (discounted at a rate of one (1) percent above the
rate accrued on June 30 of the prior year by the Pooled Money
Investment Account, not to exceed a rate of fifteen (15) percent) of
the positive difference, if any, of:
i. all dollar amounts that Seller would, in the manner set forth
below, be expected to receive from the sale of the Product
under this Agreement;
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less
ii. all incremental costs over and above those that Seller would
otherwise incur when delivering the Product to the Delivery
Point;
iii. all dollar amounts Seller actually received (or reasonably
would be expected to receive at then -prevailing market
conditions utilizing commercially reasonable efforts) from the
sale to a third party of the Product that it would have
provided to Buyer through the remainder of the Delivery
Period.
(b) Seller shall calculate the Seller Sales Damages in a commercially
reasonable manner using relevant market and/or industry data as is
reasonably appropriate. In no event shall Seller Sales Damages
include any penalties, or ratcheted demand or similar charges, nor
shall Seller be required to utilize or change its utilization of its
owned or controlled assets or market positions to minimize Buyer's
liability. For the purposes of this definition, Seller shall not be
required to actually resell the Product to calculate the Seller Sales
Damages as set forth herein. If Seller Sales Damages are owed as
a result of an Event of Default and the Seller Sales Damages are a
negative number then the Seller Sales Damages shall be deemed
to equal Zero Dollars ($0) (i.e., if the estimated cost for Seller to sell
substantially similar products is more than the amount it would have
received from Buyer, neither Party shall owe any damages to the
other). Seller shall provide the Seller Sales Damages calculations,
including the supporting data such as associated charges and other
relevant assumptions used to calculate the Seller Sales Damages
to the degree Seller reasonably deems pertinent. In Buyer's sole
discretion it may request and Seller shall provide all documentation
reasonably required by Buyer in order to verify the Seller Sales
Damages.
(c) Upon receipt of the Seller Sales Damages, if Buyer disputes the
calculation of the Seller Sales Damages, in whole or in part, Buyer
shall, within fifteen (15) Business Days following its receipt of such
Notice, provide to Seller a detailed written explanation of the basis
for such dispute; provided, however, Buyer can only dispute the
calculation based on a failure as to the material assumptions used
in preparation of the Seller Sales Damages. Any dispute as
described above shall be pursued through the dispute resolution
process as described in Section 16.11 of this Agreement. Upon
resolution of the dispute, any payment required from one Party to
the other shall be made by the owing Party within thirty (30)
Business Days following such resolution.
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13.5 Rights and Obligations Surviving Termination.
Any default under or upon termination of this Agreement or expiration of the
Term shall not release either Party from any applicable provisions of this Agreement
with respect to (a) the payment of any amounts owed to the other Party arising prior to
or resulting from termination of, or on account of breach of, this Agreement; (b) for a
period of three (3) years after the termination date, the right to submit a payment
dispute pursuant to Section 9.4; and (c) the resolution of any dispute submitted
pursuant to Section 9.4 prior to, or resulting from, termination; (d) the confidentiality
obligations pursuant to Section 15.12; and (e) the duties and obligations pursuant to
Sections 15.5, 15.7, 15.11, 16.4, 16.5, 16.7, 16.11, and 16.13.
13.6 Limitation of Remedies, Liability and Damages.
THE PARTIES CONFIRM THAT THE EXPRESS REMEDIES AND MEASURES
OF DAMAGES PROVIDED IN THIS AGREEMENT SATISFY THE ESSENTIAL
PURPOSES HEREOF. FOR BREACH OF ANY PROVISION FOR WHICH AN
EXPRESS REMEDY OR MEASURE OF DAMAGES IS PROVIDED, SUCH EXPRESS
REMEDY OR MEASURE OF DAMAGES SHALL BE THE SOLE AND EXCLUSIVE
REMEDY, THE OBLIGOR'S LIABILITY SHALL BE LIMITED AS SET FORTH IN SUCH
PROVISION AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY
ARE WAIVED. EXCEPT AS PROVIDED IN SECTIONS 15.5, 15.7, 15.11, 16.4, and
16.13, NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL,
PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST PROFITS OR OTHER
BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN TORT OR CONTRACT,
UNDER ANY INDEMNITY PROVISION OR OTHERWISE. IT IS THE INTENT OF THE
PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE
MEASURE OF DAMAGES BE WITHOUT REGARD TO THE CAUSE OR CAUSES
RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER
SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, OR ACTIVE OR
PASSIVE. TO THE EXTENT ANY DAMAGES REQUIRED TO BE PAID HEREUNDER
ARE LIQUIDATED, THE PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE
DIFFICULT OR IMPOSSIBLE TO DETERMINE, OR OTHERWISE OBTAINING AN
ADEQUATE REMEDY IS INCONVENIENT AND THE DAMAGES CALCULATED
HEREUNDER CONSTITUTE A REASONABLE APPROXIMATION OF THE HARM OR
LOSS. THE PARTIES FURTHER AGREE THAT PAYMENT OF SUCH AMOUNT
SHALL BE LIQUIDATED DAMAGES AND NOT AS A PENALTY, AND IS THEREFORE
NOT SUBJECT TO AVOIDANCE UNDER CALIFORNIA CIVIL CODE SECTION 1671.
14. REPRESENTATIONS AND WARRANTIES; COVENANTS
14.1 Representations and Warranties.
As of the Execution Date, each Party represents and warrants to the other Party
that:
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(a) it is duly organized, validly existing and in good standing under the
laws of the jurisdiction of its formation;
(b) it has or will timely acquire all regulatory authorizations necessary
for it to legally perform its obligations under this Agreement;
(c) it is registered with the California Secretary of State to do business
in California, except it is agreed that Buyer is not required to do so;
(d) the execution, delivery and performance of this Agreement are
within its powers, have been duly authorized by all necessary
action and do not violate any of the terms and conditions in its
governing documents, any contracts to which it is a party or any
Applicable Law;
(e) this Agreement, and any other document executed and delivered in
accordance with this Agreement, constitutes its legally valid and
binding obligation enforceable against it in accordance with its
terms, subject to any equitable defenses;
(f) it is not Bankrupt and there are no proceedings pending or being
contemplated by it or, to its knowledge, threatened against it which
would result in it being or becoming Bankrupt;
(g) there is not pending or, to its knowledge, threatened against it any
legal proceedings that could materially adversely affect its ability to
perform its obligations under this Agreement;
(h) in the case of Seller, the information provided and assertions made
in its proposal, as listed in Schedule 1 hereto, were true and
accurate as of the Execution Date, to the best of the Seller's
knowledge;
(i)
it is acting for its own account, has made its own independent
decision to enter into this Agreement and as to whether this
Agreement is appropriate or proper for it based upon its own
judgment, is not relying upon the advice or recommendations of the
other Party in so doing, and is capable of assessing the merits of
and understanding, and understands and accepts, the terms,
conditions and risks of this Agreement. It has not relied upon any
promises, representations, statements or information of any kind
whatsoever that are not contained in this Agreement in deciding to
enter into this Agreement;
(j) it is, and any guarantor, credit support provider or pledgor of assets
in support of its obligations are each, an "eligible contract
participant" (ECP) as defined in Section 1a(18) of the Commodity
Exchange Act;
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(k) to the extent any transaction covered by this Agreement is
considered to be a "swap" and subject to the mandatory clearing
under Commodity Features Trading Commission ("CFTC") rules,
regulations, orders, supplementary information, guidance,
questions and answers, staff letters and interpretations ("CFTC
Regulations") it is eligible to rely on the end-user exception to the
clearing requirement as set forth in CFTC Rule 50.50;
(1)
(m)
Seller represents and warrants to Buyer that Seller is not a Special
Entity as defined in CFTC Regulations. Buyer represents and
warrants to Seller that Buyer is a Special Entity as defined in CFTC
Regulations; and
It has entered into this Agreement in connection with the conduct of
its business and it has the capacity or ability to make or take
delivery of the Product as contemplated in this Agreement.
14.2 Additional Seller Representations, Warranties and Covenants.
Seller hereby represents, warrants, and covenants to Buyer that throughout the
Delivery Period:
(a) Seller shall own (or, in the absence of ownership, control) and
operate the Facility, subject to the provisions of Section 15.3;
(b) Seller shall deliver to Buyer the Product free and clear of all liens,
security interests, claims and encumbrances or any interest therein
or thereto by any person or entity;
(c) Seller shall obtain, maintain and remain in compliance with all
Governmental Approvals, interconnection agreements and
transmission rights necessary to operate the Facility and to deliver
electric energy from the Facility to the Delivery Point;
(d) Seller shall not withdraw the Interconnection Queue Position
identified in Section 1, assign or transfer that Interconnection
Queue Position to any entity, or utilize the Interconnection Queue
Position for the benefit of any power purchase and sale agreement
other than the Agreement, in each case, without Buyer's prior
written consent.
(e) Subject to Section 3.3, Seller shall take all actions necessary for
the Facility to qualify and be certified by the CEC as an ERR and
for the Product delivered to Buyer to qualify under the requirements
of the California RPS.
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Seller shall take, or cause to be taken, all necessary steps to allow
the Renewable Energy Credits transferred to Buyer to be tracked in
WREGIS prior to the first delivery under the Agreement;
Subject to Section 3.3, the Facility qualifies and is certified by CEC
as an ERR and the Facility's output delivered to Buyer qualifies
under the California RPS and as amended in the future due to a
change in Applicable Law;
(h) Subject to Section 3.3, the Renewable Energy Credits transferred
to Buyer conform to the definition and attributes required for
compliance with the California RPS and as amended in the future
due to a change in Applicable Law; and
(i)
Seller shall hold the rights to all Environmental Attributes and
Capacity Attributes including Resource Adequacy Benefits, which
Seller has conveyed and has committed to convey to Buyer
hereunder.
15. PERFORMANCE REQUIREMENTS
15.1 Modifications to Facility.
(a) Seller may update Exhibit F by Notice to Buyer pursuant to
Section 16.7 one time during the Term of this Agreement according
to the provisions set forth in this Section 15.1(a); provided that if
any update would result in a material increase to the expected
output of the Facility as represented by the Contract Quantity then
Seller must obtain Buyer's consent to such change which such
consent shall not be unreasonably withheld, conditioned or
delayed. Seller's updated Exhibit F will be deemed to replace the
then -existing Exhibit F without any further action of the Parties.
(b) Seller shall provide Buyer with advance Notice at the earliest
practicable time of any further proposed material changes to the
Facility as described in Exhibit F, but in no event less than ninety
(90) days before such changes are to be made, which Notice must
include an update to any relevant information set forth in Exhibit F.
If, upon review, Buyer approves Seller's proposed changes to the
Facility, such approval not to be unreasonably withheld, conditioned
or delayed, Exhibit F will be deemed amended accordingly.
15.2 Interconnection.
(a) Seller shall obtain and maintain throughout the Delivery Period any
and all interconnection and transmission service rights and Permits
required to effect delivery of the electric energy from the Facility to
the Delivery Point. The interconnection agreement shall provide for
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interconnection capacity available or allocable to the Facility that is
no less than the Installed Contract Capacity. The Parties
acknowledge that ownership and use of interconnection,
transmission facilities, and/or associated equipment such as
transformation and substation equipment (including the
interconnection agreement itself) may be subject to Shared
Facilities Agreements under which an Affiliate of Seller may act as
a manager on behalf of Seller and other seller(s) under the
interconnection agreement ("Affiliate Manager").
(b) On and after the Execution Date, prior to the execution of any
Shared Facilities Agreement(s), Seller shall provide drafts of said
Shared Facilities Agreement(s) to Buyer for its review and approval,
which approval shall not be unreasonably withheld, conditioned or
delayed. Seller shall apply for and expeditiously seek FERC's
acceptance of any Shared Facilities Agreement(s), if required.
Following execution of any Shared Facilities Agreement(s), Seller
shall provide drafts of any material amendments to the Shared
Facilities Agreement(s) which would reasonably be expected to
have a material adverse effect on either the Facility or the rights of
Seller under the Shared Facilities Agreement(s) to Buyer for its
review and approval, which approval shall not be unreasonably
withheld, conditioned or delayed.
(c) Seller shall not assign or transfer Seller's rights or obligations under
the interconnection agreement or any Shared Facilities Agreement
to any Person which would reasonably be expected to have a
material adverse effect on either the Facility or the rights of Seller
under the Shared Facilities Agreement(s) without the prior written
consent of Buyer, which consent shall not be unreasonably
withheld, conditioned or delayed.
(d) As between Buyer and Seller under this Agreement, Seller shall be
responsible for all costs and charges directly caused by, associated
with, or allocated to Seller, the Affiliate Manager, or the other
sellers under the interconnection agreement, the Shared Facilities
Agreements, and the CAISO Tariff in connection with the
interconnection of the Facility to the Transmission Provider's
electric system and transmission of electric energy from the Facility
to the Transmission Provider's electric system.
(e) Seller shall, or shall cause the Affiliate Manager, as applicable, to
comply with the CAISO Tariff, including security and maintaining in
full force all required CAISO agreements, certifications and
approvals, and including securing the CAISO Resource ID that is to
be used solely for the Facility.
15.3 Assignment.
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(a) Consent to Assignment: Except as specifically provided herein,
neither Party shall transfer or assign this Agreement or its rights
hereunder, without the prior written consent of the other Party,
which consent may not be unreasonably withheld, conditioned or
delayed except as set forth in Sections 15.4 and 15.5. Either Party
may, without the consent of the other Party (and without relieving
itself from any liabilities hereunder that arose prior to the date of
such transfer) and provided that in each case the conditions in
Section 15.3(b) are satisfied (except as otherwise provided),
transfer or assign this Agreement: (i) to an Affiliate of such Party
whose creditworthiness is equal to or higher than that of such Party
as of the Execution Date; (ii) to any person or entity succeeding to
all or substantially all of the assets whose creditworthiness is equal
to or higher than that of such Party as of the Execution Date, or (iii)
with respect to Seller, in connection with any Permitted Transfer.
(b) As a condition to the effectiveness of any assignment by Seller
permitted under this Agreement under Section 15.3(a) and except
as provided in Section 15.5 and with respect to any Permitted
Transfer:
i. Seller must have demonstrated to Buyer that the proposed
assignee will be a Qualified Transferee;
ii. The proposed assignee must have agreed in writing to be
bound by the terms and conditions hereof;
iii. Seller shall have paid Buyer all of Buyer's reasonable costs
and expenses incurred in the review, negotiation, and/or
approval of the transfer or assignment, including, without
limitation, attorneys' fees; and
iv. The proposed assignee must have delivered Performance
Assurance in accordance with the terms of this Agreement.
(c) A Party's consent to one assignment shall not be deemed consent
to any subsequent assignment.
15.4 Collateral Assignment.
(a) Notwithstanding Section 15.3, Seller may, without the consent of
Buyer (and without relieving itself from any liabilities hereunder that
arose prior to the date of such transfer), assign this Agreement,
interconnection agreement and any Shared Facilities Agreement for
the Facilities to one or more Facility Lenders as collateral for any
financing or refinancing of Seller or its Affiliates.
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(b) In connection with any assignment of this Agreement by Seller to
one or more Facility Lenders as collateral for any financing or
refinancing of the Facility, or any transfer, sale, pledge,
encumbrance or assignment of this Agreement, the interconnection
agreement and Shared Facilities Agreement for the Facility or the
accounts, revenues or proceeds hereof or thereof in connection
with any financing or other financial arrangements, if requested by
Seller, Buyer (acting reasonably) shall enter into a mutually
agreeable consent which shall be in substantially the same form as
attached hereto as Exhibit G; provided that Buyer agrees to
negotiate in good faith modifications to such form as may be
reasonably requested by Facility Lenders, to collateral assignment
with Buyer and such Facility Lender(s) provided that Seller shall be
responsible at Buyer's request for Buyer's reasonable costs
associated with the review, negotiation and execution of such
consent to collateral assignment, including, without limitation,
attorneys' fees. Seller shall identify the Facility Lender and provide
at least thirty (30) days' advance Notice to Buyer before requiring
Buyer to enter into such consent to collateral assignment with
Buyer and such Facility Lender.
(c) Upon the receipt of a written request from Seller or any Facility
Lender or Tax Equity Investor, Buyer shall execute, or arrange for
the delivery of, such certificates, opinions and other documents as
may be reasonably necessary in order for Seller to consummate
any financing or refinancing of the Facility or any part thereof and
will enter into agreements with such Facility Lender and Tax Equity
Investor satisfactory to Buyer, which agreements will grant certain
rights to the Facility Lenders and Tax Equity Investors as more fully
developed and described in such documents.
15.5 Change in Control.
A Change in Control is permitted if (i) Buyer has given prior written consent to the
transaction or transactions constituting the Change in Control, or (ii) the Change in
Control occurs in connection with the exercise of remedies by a Facility Lender
(including a transfer of direct or indirect interests in the Facility by a Facility Lender
following the exercise of remedies) and the new Upstream Equity Owner following the
Change in Control is a Qualified Transferee.
15.6 Insurance.
At all times during the Term of this Agreement, Seller shall maintain at its own
expense insurance policies for the Facility, its fixtures and other tangible assets in such
amounts and against such risks and losses as are consistent with Good Industry
Practices for Facilities of similar size and nature, including, but not limited to, general
liability, workers' compensation, automobile liability, and pollution liability insurance, with
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responsible insurers who maintain a Standard & Poor's Credit Rating of at least "BBB+"
(or equivalent). Within ten (10) Business Days after receipt of a request for the same
from Buyer, Seller shall deliver to Buyer insurance endorsements and a certificate of
insurance for any or all policies maintained in accordance with this Section 15.6, which
certificate shall include at least the following information: (i) the name of the insurance
company, policy number and expiration date; (ii) the coverage and limits on coverage,
including the amount of deductibles or self-insured retentions; and (iii) proof of Buyer as
an additional named beneficiary under such policies. Seller shall hold harmless and
indemnify Buyer from any direct or indirect losses and liability, including attorneys' fees
and costs of litigation, resulting from the injury or death of any person or damage to any
property if (i) Seller fails to comply with the provisions of this Section 15.6 and (ii) Buyer
would have been protected had Seller complied with the requirements of this
Section 15.6.
(a) General Liability — Seller shall maintain general liability with limits
not less than Two Million Dollars ($2,000,000.00) each occurrence
including bodily injury, personal injury, and property damage
coverage, with a general aggregate not less than Four Million
Dollars ($4,000,000.00). The policy shall be endorsed to include
Buyer and the State of California, its officers, agents, employees
and servants as additional insureds. The additional insured
endorsement shall be provided to Buyer.
(b) Automobile Liability — Seller shall maintain motor vehicle liability
with limits not less than Two Million Dollars ($2,000,000.00)
combined single limit per accident including bodily injury and
property damage. Such insurance shall cover liability arising out of
a motor vehicle including owned, hired and non -owned motor
vehicles. The policy shall be endorsed to include Buyer and the
State of California, its officers, agents, employees and servants as
additional insureds. The additional insured endorsement shall be
provided to Buyer.
(c) Workers Compensation and Employers Liability — Seller shall
maintain statutory worker's compensation and employer's liability
coverage for all its employees, or employees of its Affiliate, who will
be engaged in the performance of the Agreement. Employer's
liability insurance shall not be less than One Million Dollars
($1,000,000.00) for injury, disease or death occurring as a result of
each accident. If work is performed on State owned or controlled
property the workers' compensation policy shall contain a waiver of
subrogation in favor of the State. The waiver of subrogation
endorsement shall be provided to Buyer.
(d) Pollution Liability - Seller shall maintain pollution liability coverage
with limits not less than Two Hundred Fifty Thousand Dollars
($250,000.00) each incident and Five Hundred Thousand Dollars
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($500,000.00) in aggregate. The policy shall be endorsed to
include Buyer and the State of California, its officers, agents,
employees and servants as additional insureds. The additional
insured endorsement shall be provided to Buyer.
15.7 Debt Liability Disclaimer; Hold Harmless.
Buyer, including, but not limited to, any source of funding for Buyer, any General
Fund or any special self-insurance program, is not liable for any debts, liabilities,
settlements, liens, or any other obligations of the Seller or its heirs, successors or
assigns. Buyer has no obligation to defend or undertake the defense on behalf of the
Seller or its heirs, successors or assigns. Seller shall defend, indemnify and hold
harmless Buyer from any claims, actions, lawsuits, administrative proceedings or
damages associated with any contract, tort, action or inaction, error in judgment, act of
negligence, intentional tort, mistakes, or other acts taken or not taken by the Seller, its
employees, agents, servants, invitees, guests, or anyone acting in concert with or on
behalf of Seller arising out of this Agreement.
15.8 Compliance with Applicable Laws, Including CAISO
Interconnection Standards and the California Environmental Quality Act
("CEQA") Guidelines.
Subject to Section 3.3 as applicable, Seller, at its own cost and expense, shall
comply with all Applicable Laws relating to the operation of the Facility and the
generation and sale of Product to Buyer, including obtaining and maintaining all relevant
approvals and permits. In particular, Seller agrees throughout the Term of the
Agreement to fully comply with any and all operational standards and requirements
imposed by the CAISO, and to comply with the electrical interconnection requirements
as stated in the applicable and controlling CAISO Tariff. Buyer will cooperate with
Seller and, if necessary, will provide consents and execute with the CAISO such
agreements as are necessary to permit the interconnection of the Facility. The
electrical interconnection shall be done at no cost or liability to Buyer, and Seller shall
reimburse Buyer for all out of pocket costs incurred by Buyer in connection with any
interconnection agreement.
Seller represents to Buyer that it will comply with applicable provisions of CEQA.
Seller shall be responsible for, at its own cost and expense, conducting environmental
compliance monitoring to ensure compliance with all applicable permits. Seller agrees
to perform consistent with the EIR for the Facility and any amendments or supplements
thereto, and all other Governmental Approvals related to the Facility or Site.
15.9 Decommissioning and Other Costs.
Buyer shall not be responsible for any cost of decommissioning or demolition of
the Facility or any environmental or other liability associated with the decommissioning
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or demolition of the Facility without regard to the timing or cause of the
decommissioning or demolition.
15.10 Change of CAISO Scheduling Practices.
In the event the CAISO or its successor modifies its scheduling practices and
data necessary to settle the invoices hereunder, the Parties shall coordinate to
implement scheduling protocols consistent with the then -current CAISO practices and
consistent with the rights of the Parties hereunder.
15.11 Taxes.
Seller is liable for and shall pay, or cause to be paid, or reimburse Buyer for if
Buyer has paid, all taxes applicable to performance under this Agreement and delivery
of the Product hereunder arising before and at the Delivery Point. Buyer is liable for
and shall pay, or cause to be paid, or reimburse Seller for if Seller has paid, all taxes
applicable to performance under this Agreement and delivery of the Product arising
after the Delivery Point. If Buyer is required to remit any tax that is Seller's
responsibility hereunder, the amount shall be deducted from any sums due to the Seller.
The Seller shall indemnify, defend, and hold harmless Buyer from any claims for such
taxes. Either Party, upon written request of the other Party, shall provide a certificate of
exemption or other reasonably satisfactory evidence of exemption if either Party is
exempt from taxes, and shall use reasonable efforts to obtain and cooperate with the
other Party in obtaining any exemption from or reduction of any tax.
15.12 Confidentiality of Data.
Each Party agrees, and shall use reasonable efforts to cause its parent,
subsidiary and Affiliates, and its and their respective directors, officers, employees and
representatives, as a condition to receiving confidential information hereunder, to keep
confidential, except as required by law, including, without limitation, the California Public
Records Act (Government Code §§ 6250 et seq., "CPRA"), all documents, data
(including operating data provided in connection with the scheduling of energy or
otherwise pursuant to this Agreement), drawings, studies, projections, plans and other
written information that relate to economic benefits to, or amounts payable by, any Party
under this Agreement, and with respect to documents that are clearly marked
"Confidential" at the time a Party shares such information with the other Party
("Confidential Information"). The provisions of this Section 15.12 shall survive and shall
continue to be binding upon the Parties for a period of one (1) year following the date of
termination or expiration of this Agreement. Notwithstanding the foregoing, information
shall not be considered Confidential Information if such information (i) is disclosed with
the prior written consent of the originating Party, (ii) was in the public domain prior to
disclosure or is or becomes publicly known or available other than through the action of
the receiving Party in violation of this Agreement, (iii) was lawfully in a Party's
possession or acquired by a Party outside of this Agreement, which acquisition was not
known by the receiving Party to be in breach of any confidentiality obligation, or (iv) is
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developed independently by a Party based solely on information that is not considered
confidential under this Agreement.
(a) Subject to the CPRA, either Party may, without violating this
Section 15.12, disclose matters that are made confidential by this
Agreement:
i. to its counsel, accountants, auditors, advisers, other
professional consultants, credit rating agencies, actual or
prospective, co-owners, investors, purchasers, lenders,
underwriters, contractors, suppliers, and others involved in
construction, operation, and financing transactions and
arrangements for a Party or its subsidiaries or Affiliates;
ii. to governmental officials and parties involved in any
proceeding in which a Party is seeking a Permit, certificate,
or other regulatory approval or order necessary or
appropriate to carry out this Agreement; and
iii. to governmental officials or the public as required by any
law, regulation, order, rule, ruling or other Requirement of
Law, including oral questions, discovery requests,
subpoenas, civil investigations or similar processes and laws
or regulations requiring disclosure of financial information,
information material to financial matters, and filing of
financial reports.
(b) If a Party is requested or required, pursuant to any applicable Law,
regulation, order, rule, or ruling, discovery request, subpoena, civil
investigation or similar process to disclose any of the Confidential
Information, such Party shall provide prompt written notice to the
other Party of such request or requirement so that at such other
Party's expense, such other Party can seek a protective order or
other appropriate remedy concerning such disclosure.
(c) Notwithstanding the foregoing or any other provision of this
Agreement, Seller acknowledges that Buyer is subject to disclosure
as required by CPRA. Confidential Information of Seller provided to
Buyer pursuant to this Agreement shall become the property of
Buyer, and Seller acknowledges that Buyer shall not be in breach
of this Agreement or have any liability whatsoever under this
Agreement or otherwise for any claims or causes of action
whatsoever resulting from or arising out of Buyer copying or
releasing to a third party any of the Confidential Information of
Seller pursuant to CPRA; provided that Seller shall (i) provide
notice to Seller prior to any such disclosure in accordance with
Section 15.12(b), (ii) endeavor, in good faith, not to disclose any of
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Seller's "trade secrets" as consistent with the CPRA and (iii)
support, to the extent in compliance with Buyer's endeavor, in good
faith, not to disclose any of the Confidential Information, Seller in its
efforts to obtain a protective order or other appropriate remedy with
respect to the disclosure of operating data from the Facility or any
engineering drawings, project plans, technical specifications or
other similar information regarding the Project.
(d) Notwithstanding the foregoing or any other provision of this
Agreement, Buyer may record, register, deliver and file all such
notices, statements, instruments and other documents as may be
necessary or advisable to render fully valid, perfected and
enforceable under all applicable law the credit support
contemplated by this Agreement, and the rights, Liens and priorities
of Buyer with respect to such credit support.
(e) If Buyer receives a CPRA request for Confidential Information of
Seller, and Buyer determines that such Confidential Information is
subject to disclosure under CPRA, then Buyer shall notify the other
Buyer and Seller of the request and its intent to disclose the
documents. Buyer, as required by CPRA, shall release such
documents unless Seller timely obtains a court order prohibiting
such release. If Seller, at its sole expense, chooses to seek a court
order prohibiting the release of Confidential Information pursuant to
a CPRA request, then Seller undertakes and agrees to defend,
indemnify and hold harmless Buyer and the lndemnitees from and
against all suits, claims, and causes of action brought against
Buyer or any Indemnitees for Buyer's refusal to disclose
Confidential Information of Seller to any person making a request
pursuant to CPRA. Seller's indemnity obligations shall include, but
are not limited to, all actual costs incurred by Buyer and any
Indemnitees, and specifically including costs of experts and
consultants, as well as all damages or liability of any nature
whatsoever arising out of any suits, claims, and causes of action
brought against Buyer or any Indemnitees, through and including
any appellate proceedings. Seller's obligations to Buyer and all
Indemnitees under this indemnification provision shall be due and
payable on a Monthly, ongoing basis within thirty (30) days after
each submission to Seller of Buyer's invoices for all fees and costs
incurred by Buyer and all Indemnitees, as well as all damages or
liability of any nature.
(f)
Each Party acknowledges that any disclosure or misappropriation
of Confidential Information by such Party in violation of this
Agreement could cause the other Party or their Affiliates irreparable
harm, the amount of which may be extremely difficult to estimate,
thus making any remedy at law or in damages inadequate.
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Therefore each Party agrees that the non -breaching Party shall
have the right to apply to any court of competent jurisdiction for a
restraining order or an injunction restraining or enjoining any breach
or threatened breach of this Agreement and for any other equitable
relief that such non -breaching Party deems appropriate. This right
shall be in addition to any other remedy available to the Parties in
law or equity, subject to the limitations set forth in Section 13.6.
15.13 Public Announcements
Seller shall make no public announcement regarding any aspect of this
Agreement or the role of Seller in regards to the development or operation of the Project
without the prior written consent of Buyer, which consent shall not be unreasonably
withheld. Any public announcement by Seller must comply with California Business and
Professions Code § 17580.5 and with the Guides for the Use of Environmental
Marketing Claims, published by the FTC, as it may be updated from time to time.
16. MISCELLANEOUS
16.1 Counterparts.
This Agreement may be executed in any number of counterparts, and upon
execution by the Parties, each of which shall be deemed an original, but all of which
shall constitute one Agreement after each Party has signed such the same instrument.
16.2 Exclusivity.
At no time shall Seller sell or otherwise dispose of the Contract Quantity to any
third party, except as approved in writing by Buyer, which approval shall not be
unreasonably withheld, conditioned or delayed; provided that to the extent the Seller
participates in the CAISO markets solely for the purposes of effectuating the terms of
this Agreement it shall not be considered a third party sale.
16.3 Title and Risk of Loss.
Title to and risk of loss related to the Product shall transfer from Seller or Seller's
SC to Buyer at the Delivery Point. Seller warrants that it will deliver to Buyer the
Product free and clear of all liens, security interests, claims and encumbrances or any
interest therein or thereto by any person arising prior to or at the Delivery Point.
16.4 Indemnities by Seller.
Seller shall release, indemnify, defend, and hold harmless, Buyer, its directors,
officers, employees, agents, and representatives against and from any and all actions,
suits, losses, costs, damages, injuries, liabilities, claims, demands, penalties and
interest ("Claims"), including reasonable costs and attorneys' fees, resulting from, or
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arising out of or in any way connected with this Agreement, including (i) any event,
circumstance, act, or incident relating to the Product delivered under this Agreement up
to and at the Delivery Point, (ii) Seller's development, permitting, construction,
ownership, operation and/or maintenance of the Facility, (iii) the failure by Seller or the
failure of the Facility to comply with Applicable Laws, (iv) any Governmental Charges for
which Seller is responsible hereunder, or (v) any liens, security interests,
encumbrances, or other adverse Claims against the Product delivered hereunder made
by, under, or through Seller, in all cases including, without limitation, any Claim for or on
account of injury, bodily or otherwise, to or death of persons, or for damage to or
destruction of property belonging to Buyer, Seller, or others, excepting only such Claim
to the extent caused by the willful misconduct or gross negligence of Buyer, its Affiliates,
and its and their directors, officers, employees, agents, and representatives.
16.5 Governing Law; Venue.
This Agreement shall be governed by, construed under and enforced in
accordance with the laws of the State of California without regard to principles of
conflicts of law. The venue for any court action brought pursuant to this Agreement
shall be San Bernardino County, California.
16.6 Waiver of Trial by Jury.
EACH OF THE PARTIES HERETO HEREBY KNOWINGLY, VOLUNTARILY
AND INTENTIONALLY WAIVES THE RIGHT EITHER OF THEM MAY HAVE TO A
TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, OR ARISING
OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT AND ANY
AGREEMENT CONTEMPLATED TO BE EXECUTED IN CONJUNCTION HEREWITH,
OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS
(WHETHER VERBAL OR WRITTEN) OR ACTIONS OF ANY PARTY HERETO. THIS
PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES ENTERING INTO
THIS AGREEMENT.
16.7 Notices.
All notices that must to be given under the terms of this Agreement (each a
"Notice"), except as herein otherwise provided, shall be in writing and shall be
communicated by prepaid mail, overnight courier, e-mail or facsimile addressed to the
respective Party at the addresses listed in Exhibit D or to such other address as
respectively designated hereafter in writing from time to time. If Notice is sent via e-mail
or facsimile, a signed, hard copy of the material shall also be mailed. The workday the
e-mail or facsimile was sent shall control the date Notice was deemed given if there is a
facsimile machine generated document on the date of transmission. An e-mail or
facsimile transmitted after 5:00 p.m. PST shall be deemed to have been transmitted on
the following Business Day.
16.8 Joint Effort.
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The Parties acknowledge and agree that each Party and its counsel have read
this Agreement in its entirety, fully understand it, and accept its terms and conditions.
Accordingly, the normal rule of construction to the effect that any ambiguities are to be
resolved against the drafting party is not applicable and therefore shall not be employed
in the interpretation of this Agreement or any amendment of it.
16.9 Relationship of the Parties.
Nothing herein is intended to create or is to be construed as creating a joint
venture, partnership, agency or other taxable entity between the Parties. The rights and
obligations of the Parties shall be independent of one another and shall be limited to
those expressly set forth herein. Nothing herein is intended to create or is to be
construed as creating a duty for Buyer to co -fund any costs related to the development,
construction, operation and/or maintenance of the Facility. Seller shall bear all such
costs and obligations at its sole expense.
16.10 No Third Party Beneficiary.
The Parties mutually agree that this Agreement is for their sole benefit and is not
intended by them to be, in part or in whole, for the benefit of any third party.
16.11 Resolution of Disputes.
(a) The Parties will attempt in good faith to resolve any dispute by
prompt negotiations between each Party's authorized
representative designated in writing as a representative of the Party
(each a "Manager). Either Manager may, by Notice to the other
Party, request a meeting to initiate negotiations to be held within
ten (10) Business Days of the other Party's receipt of such request,
at a mutually agreed time and place (either in person or
telephonically). If the matter is not resolved within fifteen (15)
Business Days of their first meeting ("Initial Negotiation End Date"),
the Managers shall refer the matter to the designated senior
officers of their respective companies that have authority to settle
the dispute ("Executives"). Within five (5) Business Days of the
Initial Negotiation End Date ("Referral Date"), each Party shall
provide one another Notice confirming the referral and identifying
the name and title of the Executive who will represent the Party.
(b) Within five (5) Business Days of the Referral Date, the Executives
shall establish a mutually acceptable location and date, which date
shall not be greater than thirty (30) days from the Referral Date, to
meet. After the initial meeting date, the Executives shall meet, as
often as they reasonably deem necessary, to exchange relevant
information and to attempt to resolve the dispute.
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(c) All communication and writing exchanged between the Parties in
connection with these negotiations shall be confidential and shall
not be used or referred to in any subsequent binding adjudicatory
process between the Parties.
(d) If the matter is not resolved within forty-five (45) days of the
Referral Date, or if the Party receiving the Notice to meet, pursuant
to Section 16.11 above, refuses or does not meet within the ten
(10) Business Day period specified in Section 16.11, and subject to
Sections 13.6 and 16.4 of this Agreement, either Party may pursue
all remedies available to it at law or in equity.
16.12 Entire Agreement.
This Agreement, when executed, shall constitute one, single integrated
agreement and set forth the entire agreement by and between the Parties and
supersedes any prior understandings, agreements or representations by or between the
Parties, written or oral, to the extent they have related in any way to the subject matter
hereof and thereof. To the extent herein provided for, no amendment or modification to
this Agreement shall be enforceable unless reduced to writing and executed by both
Parties.
16.13 Violation of Governmental Approvals.
Seller also agrees to defend, indemnify and hold Buyer harmless from and
against any and all loss, damage, liability, claims, demands, detriments, costs, charges
and expense (including attorneys' fees) and causes of action of whatsoever character,
including response, remedial or inspection costs and expenses, made or brought
against Buyer by any federal, state or local agency, or federal or state court, with
jurisdiction over the Facility, arising out of or based upon Seller's violation of any
Governmental Approvals.
(DFA).
16.14 Dodd -Frank Wall Street Reform and Consumer Protection Act
(a) The Parties shall seek to agree at the time a transaction is
executed whether the transaction is a "swap" (including a "trade
option," as defined in CFTC Rule 32.3) or a contract excluded from
the defined term "swap" or otherwise exempt from reporting.
Whether or not the Parties agree, Seller shall advise the Buyer prior
to the execution of such transaction if it will report the transaction
as a swap or a trade option; provided, however, such a
determination shall not preclude the Buyer from making its own
determination, and shall not constitute an agreement by the Parties,
as to whether the transaction is a swap, a trade option, or a
contract excluded from the defined term "swap" or otherwise
exempt from reporting. The Parties agree that Seller shall accept
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any obligations placed on the "reporting party" and/or the "reporting
counterparty" by the DFA, except for any reporting requirement
applicable to Buyer in connection with any trade options. Each
Party will provide to the other Party any information reasonably
requested by such other Party to enable such other Party to comply
with CFTC Regulations in connection with any swap transaction.
(b) The Parties intend that the contract and all transactions hereunder
will qualify for the forward contract exclusion as set out in CFTC
Regulations. Accordingly, the Parties agree and represent that at
the time they enter into the transactions under this Agreement, they
intend to physically settle such transactions. Each Party further
agrees, represents, and warrants that (i) it will not sever any option
or optionality embedded in the contract from the contract and
market it separately; (ii) if it is the Seller, it intends to deliver if any
option or optionality is exercised; (iii) if it is the Buyer, it intends to
take delivery if any option or optionality is exercised. Each Party
agrees, represents and warrants that it is a "commercial party" for
the purposes of the forward contract exclusion.
(c) The Parties intend that any swap transaction that is or may be a
commodity option for the purposes of CFTC Regulations shall
qualify for the trade option exemption provided in 17 C.F.R. § 32.3.
Accordingly, each Party buying or selling a commodity option
agrees, represents, and warrants that, as of the time of each offer
to enter into a commodity option, and each reportable event in
respect of such swap transaction, any such option shall be offered
only to a producer, processor, or commercial user of, or a merchant
handling the commodity that is the subject of the commodity option
or the products or by-products thereof, and that the entities entering
into the options are doing so solely for purposes related to their
business as such. With respect to transactions that are exempt
under the trade option exemption, each Party will make such filings
and/or reports required to be filed or reported by it under CFTC
Regulations, including the CFTC Staff No -Action Relief Letter No.
13-08 dated April 5, 2013.
16.15 Standard of Review.
Absent the agreement of the Parties to the proposed change, the standard of
review for changes to this Agreement proposed by a Party, a person or entity or the
Federal Energy Regulatory Commission acting sua sponte shall be the "public interest"
application of the "just and reasonable" standard of review set forth in United Gas Pipe
Line Co. v. Mobile Gas Service Corp., 350 U.S. 332 (1956), and Federal Power
Commission v. Sierra Pacific Power Co., 350 U.S. 348 (1956), as clarified by Morgan
Stanley Capital Group, Inc. v. Public Util. Dist. No. 1 of Snohomish, 554 U.S. 527 (2008)
(the "Mobile -Sierra" doctrine).
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16.16 Further Assurances.
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Upon the receipt of a written request from the other Party, each Party shall
execute such additional documents, instruments and assurances and take such
additional actions as are commercially reasonably necessary and desirable to carry out
the terms and intent hereof. Neither Party shall unreasonably withhold, condition or
delay its compliance with any reasonable request made pursuant to this Section 16.16.
This Agreement sets forth the entire agreement of the Parties with respect to credit,
collateral, financial assurances and adequate assurances and Seller shall not have any
obligation to post any other margin, credit, deposit or any other financial assurances in
any form whatsoever.
16.17 Captions; Construction.
All indexes, titles, subject headings, section titles, and similar items are provided
for the purpose of reference and convenience and are not intended to affect the
meaning of the content or scope of this Agreement. Any term and provision of this
Agreement shall be construed simply according to its fair meaning and not strictly for or
against any Party.
16.18 Forward Contract.
The Parties acknowledge and agree that this Agreement constitutes a "forward
contract" within the meaning of the United States Bankruptcy Code.
[signature page follows]
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed by their duly authorized representatives.
By: Date:
Name:
Title:
Approved for legal form and sufficiency
By: Date:
Name:
Title:
I. 1
By: Date:
Name:
Title:
Approved for legal form and sufficiency
By: Date:
Name:
Title:
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f 1
By:
Name:
Title:
80
Date:
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SCHEDULE 1
For the purposes of this Schedule 1, the "Proposer" means FTP Power LLC (dba
sPower).
Seller represents and warrants the following information and assertions made in its
proposal are true and accurate as of the Execution Date:
1) Proposer is providing funding for the Facility.
2) Proposer and its contractors together have experience for the past three (3)
years in scheduling, monitoring and billing for product similar to the Product
through the CAISO.
3) The Phase I Interconnection Study or Facilities Study is complete. The
Interconnection Agreement has not yet been executed with CAISO and will
provide for Full Capacity Deliverability Status for the Contract Quantity.
4) Tenaska Power Services Co. will be the initial SC and Seller shall have the right
to utilize other SCs over the term.
5) Seller will have rights to use the gen-tie facility.
Schedule 1
EXHIBIT A
FORM OF ATTESTATION
Environmental Attribute Certificate and Bill of Sale
Pursuant to the Power Purchase Agreement between [ 1 and
I ] (the "Agreement"), dated XXXX [ 1 ("Seller") hereby
sells, transfers and delivers to [ 1 ("Buyer") the Environmental Attributes
associated with the generation of Energy at the Facility, as detailed in the Agreement
and listed below. Terms used, but not defined herein, shall have the meaning set forth
in the Agreement.
Facility name and location:
Capacity (MW): Operational Date:
As applicable: CEC Reg. no. Energy Admin. ID no. CEC-RPS-ID no.
Dates MWh generated
20
Seller further attests, warrants and represents as follows:
(a) The information provided herein is true and correct;
(b) Its sale to Buyer is its one and only sale of the Environmental Attributes and
associated Environmental Attribute reporting rights referenced herein;
(c) The Facility identified above produced and delivered to the CAISO grid the amount
of Energy indicated;
(d) Seller has title to and ownership of the renewable energy credits sold hereunder;
and
(e) Seller owns the Facility named above.
This serves as a bill of sale, transferring from Seller to Buyer all of Seller's right, title and
interest in and to the Environmental Attributes with the associated generation and
delivery of the above referenced Energy to the grid.
Contact Person: Telephone:
(Seller)
Signed Date
Name Title
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EXHIBIT B
[RESERVED]
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EXHIBIT C
CONTRACT QUANTITY
Contract Year
Contract Quantity
1
14,951*
2
14,877
3
14,802
4
14,728
5
14,655
6
14,581
7
14,508
8
14,436
9
14,364
10
14,292
11
14,220
12
14,149
13
14,079
14
14,008
15
13,938
16
13,868
17
13,799
18
13,730
19
13,661
20
13,593**
* Contract Year 1 may be for a time period greater than 12 months. After the
Commercial Operation Date, Seller will update the Contract Quantity for Contract Year 1
by notice to Buyer with an updated Contract Quantity amount that takes into account
any days in addition to the first calendar year included in Contract Year 1.
** Contract Year 20 may be for a time period less than 12 months. After the
Commercial Operation Date, Seller will update the Contract Quantity for Contract Year
20 by notice to Buyer with an updated Contract Quantity amount that takes into account
the partial calendar year included in Contract Year 20.
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EXHIBIT D
PAYMENT AND CONTACT INFORMATION
Contract representatives for the duration of the Agreement are as follows unless modified
by proper notification under the Agreement
D-1
Buyer Contact:
Seller Contact:
General Contract
Notices
Power Contracts Branch
Name:
Address:
Phone:
Email:
Name: Sean McBride, General Counsel
Address: 2180 South 1300 East, Suite 600
Salt Lake City, Utah 84106
Phone: 801-679-3506
Email: smcbride@spower.com
Scheduling
Pre -Scheduling
Phone:
E-mail:
Name: Control Room
Address: 2180 South 1300 East, Suite 600
Salt Lake City, Utah 84106
Phone: 855-679-3553
Backup Phone: 801-419-4432
Email: ControlRoom@spower.com
Real -Time
Shift Senior Dispatcher
Phone:
Email:
Name: Control Room
Address: 2180 South 1300 East, Suite 600
Salt Lake City, Utah 84106
Phone: 855-679-3553
Backup Phone: 801-419-4432
Email: ControlRoom@spower.com
Settlement
Invoicing (Primary)
Phone:
E-mail:
Name: Ryan Liddell, Corporate Controller
Address: 2180 South 1300 East, Suite 600
Salt Lake City, Utah 84106
Phone: 801-679-3512
Email: rliddell@spower.com
Invoicing ( Alternate)
Phone:
E-mail:
Name: Ryan Liddell, Corporate Controller
Address: 2180 South 1300 East, Suite 600
Salt Lake City, Utah 84106
Phone: 801-679-3512
Email: rliddell@spower.com
Reconciliation
Phone:
E-mail:
Name: Ryan Liddell, Corporate Controller
Address: 2180 South 1300 East, Suite 600
Salt Lake City, Utah 84106
Phone: 801-679-3512
Email: rliddell@spower.com
Wiring Information
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EXHIBIT E
SELLER'S MILESTONE SCHEDULE
Seller's Milestone Schedule
Milestone Date
No.
Milestones
Files Land Use Permit applications.
Expected
8/15/2017
Completed
1
2
Receives Land Use Permit.
8/15/2019
3
Submits interconnection application.
6/4/2015
6/4/2015
4
Receives a completed System Impact Study or
Phase I Interconnection Study.
1/16/2016
1/16/2016
5
Receives a completed interconnection Facility
Study or Phase II Interconnection Study.
11/22/2016
11/22/2016
6
Executes an interconnection agreement and
transmission/distribution service agreement, as
applicable.
5/14/2017
1
7
Receives FERC acceptance of interconnection
agreement and transmission agreement.
(Binding)
12/31/2017
8
Receives Construction Permits.
7/3/2020
9
Begins construction of the Generating Facility.
(Binding)
8/3/2020
10
Initial Synchronization Date.
12/17/2020
11
Commercial Operation Date. (Binding)
12/31/2020
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EXHIBIT F
FACILITY AND SITE DESCRIPTION
Facility means the Antelope Expansion 3b (5 MW) project that will produce the Product
for delivery to Buyer under this Agreement, as further described in greater detail below
or in the below referenced documents, all incorporated into this Agreement and, if not
provided below, to be provided by Seller to Buyer on or before the Execution Date, or
on the next soonest date when the documents are available, as noted below:
• The name and address of the Facility and APN number:
Name: Antelope Expansion 3
Address: West Avenue G-8 and 110th Street West, Lancaster, CA 93536
APNs: 3265-006-001, 3265-006-002, 3265-007-001, 3265-007-003, 3265-007-
007
• A description of the Facility, including a summary of its significant components,
such as Photovoltaic Modules, DC Collection System, Current Inverters,
meteorological station, solar irradiance instrumentation and any other related
electrical equipment:
To be provided to Buyer by the date Seller receives Construction Permits;
• The designation system by which Seller identifies individual generating units
To be provided to Buyer by the date Seller receives Construction Permits;
• A site plan drawing showing the general arrangement of the Facility:
To be provided to Buyer by the date Seller receives Construction Permits;
• Single -line diagram(s) showing electrical arrangement of solar array, current
inverters, inverter output transformers and interconnection service transformer
To be provided to Buyer by the date Seller receives Construction Permits;
• A legal description of the Site, including a Site map
See attached; and
• Longitude and latitude of the centroid of the Site:
Latitude, Longitude: (34.725207°, -118.322885°)
• Point of Interconnection:
Antelope 220kv substation
• Pnode:
To be designated by CAISO
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Site Legal Description
Los Angeles County APNs:
3265-006-001, 3265-006-002, 3265-007-001, 3265-007-003, 3265-007-007; provided
that Seller shall be permitted to remove APNs upon prior written notice to Buyer
consistent with the final design of the Facility, and Seller's updated Site Legal
Description will be deemed to replace the then-eisting Exhibit F, Facility and Site
Description without any further action of the Parties.
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3285-006-001
3285-008-002
3265-007-001
3265-007-003
3285-007-007
u--=WAvanuc�i;�
•
Imagery 02017 , DlgitalGlobe, U.S. Geological Survey, USDA Ferm Service Agency
Los Angeles County, CA
Map Details
Map Description
ti
N
Antelope Expansion 3 will be located
on private land in Los Angeles
County, California
Author JL
Date
APN Project Parcels
Exhibit
0 375 750 1,500
'5 0`
Feeta
5 POWER Antelope Expansion 3
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EXHIBIT G
FORM OF CONSENT AND AGREEMENT
This CONSENT AND AGREEMENT ("Consent and Agreement") is entered into as of
[Date] among [ 1 (the "Consenting Party"), [insert name of agent], as agent
on behalf of the lenders party to the [Bank Document] (as defined below) (the
"Assignee") and XXXX (the "Assignor").
WHEREAS, the Assignor and the Consenting Party have entered into a Power
Purchase Agreement dated [insert PPA date] (the "Assigned Agreement"), whereby
the Consenting Party has agreed to purchase renewable energy and capacity from
Assignor's solar photovoltaic facility known as the XXXX facility located in XXXX
County, California (the "Project").
WHEREAS, [describe Bank Document].
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which hereby are acknowledged, the parties hereto agree as follows:
Section 1: Definitions. Any capitalized term used but not defined herein shall have
the meaning specified for such term in the Assigned Agreement.
Section 2: Consent and Agreement. (a) The Consenting Party consents to and
approves the assignment of the Assigned Agreement pursuant to the [Bank
Document] to (i) the Assignee as collateral security for the payment of all amounts
payable by the Assignor under the [Bank Document], and (ii) any nominee,
transferee, designee, or assignee of, or successor to, the Assignee, which nominee,
transferee, designee assignee or successor shall either be an Experienced Operator
or shall otherwise be reasonably satisfactory to the Consenting Party; and (iii) the
subsequent transfer of the Assigned Agreement to any person who is either an
Experienced Operator or is otherwise reasonably satisfactory to the Consenting Party
in connection with the Assignee's or any permitted successor transferee's exercise
of its rights and remedies under the [Bank Document] and related documents
following the occurrence of an event of default by the Assignor under the [Bank
Document] (any person to whom an assignment may be made pursuant to (ii) or (iii)
of this Section 2 being referred to as "Permitted Transferee"). For purposes of the
foregoing, an "Experienced Operator" means a person who, itself (or its direct or
indirect owner) or by contract, is currently or has previously acted as a Scheduling
Coordinator of renewable resources in the CAISO Balancing Authority Area, within
the prior two (2) years, and has experience owning and/or operating and maintaining
a minimum of one hundred (100) MWac of renewable energy assets, including a
minimum of twenty-five (25) MWac of solar energy assets.
(b) The Assignee (and any successor Permitted Transferees) shall have no rights
with respect to the Assigned Agreement until the transfer thereof to Assignee or a
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successor Permitted Transferee except for the Assignee's rights set forth in Sections 4,
5, 6 and 8 that shall arise as of the date of this Consent and Agreement. The Assignee's
(and any successor Permitted Transferee's) rights hereunder following transfer of the
Assigned Agreement to Assignee or a successor Permitted Transferee shall be subject
to the conditions that (i) the Assignee, including any successor Permitted Transferees,
shall have assumed in writing all of the duties and obligations of the Assignor under the
Assigned Agreement arising on or after the date of such assumption, (ii) no default shall
have occurred and be continuing under the Assigned Agreement except for any such
default which is not personal to the Assignor and which is susceptible of being cured by
the Assignee or Permitted Transferee, and has been cured or is in the process of being
cured within the applicable cure period in accordance with Section 4, and (iii) any
successor transferee, designee or assignee of the Assignee shall be a Permitted
Transferee. The Assignee shall not be liable for the performance or observance of any
of the obligations or duties of the Assignor under the Assigned Agreement, nor shall the
assignment thereof give rise to any duties or obligations whatsoever on the part of the
Assignee owing to the Consenting Party except that, insofar as the Assignee exercises
any of its rights under the Assigned Agreement or makes any claims with respect to any
payments, deliveries or other obligations under the Assigned Agreement, the terms and
conditions of the Assigned Agreement, otherwise applicable in respect of such rights
being exercised or such claims being made shall apply to the Assignee and require the
Assignee's performance of such related obligations to the same extent as they would
otherwise apply to the Assignor; provided, however, that Assignee or a successor
Permitted Transferee shall have no rights with respect to the Assigned Agreement until
the transfer thereof to Assignee or a successor Permitted Transferee (except for the
Assignee's rights set forth in Sections 4, 5, 6 and 8 hereof that shall arise as of the date
of this Consent and Agreement) and shall not exercise any rights or make any claims
under the Assigned Agreement following transfer of the Assigned Agreement to
Assignee or a successor Permitted Transferee until Assignee shall have complied with
this Section 2(b); provided, further, however, that neither any exercise of any rights nor
any making of any claims by the Assignee or any Permitted Transferee to or of the
Assignee shall prejudice the rights of the Consenting Party against the Assignor in
respect of any obligations or liabilities of the Assignor under the Assigned Agreement
(or any offsets or claims of the Consenting Party against the Assignor thereunder)
occurring prior to the time such Person shall have acquired and assumed the rights and
obligations of the Assignor thereunder.
Section 3: No Current Defaults; Other Representations: The Consenting Party
hereby represents and warrants to Assignee that as of the date hereof (a) each of
the Assigned Agreement and this Consent and Agreement is in full force and effect
and, except as set forth on Schedule A hereto, there are no amendments,
modifications or supplements to the Assigned Agreement, either oral or written; (b) the
Consenting Party has the requisite power and authority to execute and deliver the
Assigned Agreement and this Consent and Agreement and to perform its obligations
hereunder and thereunder; (c) the Assigned Agreement and the Consent and
Agreement have been duly authorized, executed, and delivered by the Consenting
Party and each constitutes the legal, valid and binding obligation of the Consenting
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Party, enforceable in accordance with its terms except as enforceability thereof may
be limited by bankruptcy, insolvency, reorganization, moratorium, or other laws
affecting the enforcement of creditors' rights generally or by general principles of
equity, including the possible unavailability of specific performance or injunctive
relief, regardless of whether such enforceability is considered in proceeding in
equity or at law, or by principles of public policy; (d) the execution and delivery of
the Assigned Agreement and the Consent and Agreement by the Consenting Party
and the performance of the transactions contemplated herein and therein by the
Consenting Party do not and will not (i) result in the violation by the Consenting Party
of any provision of the California Constitution or any law, statute, rule or regulation,
(ii) result in a default by the Consenting Party under, or any breach by the Consenting
Party of, any indenture, mortgage, deed of trust, loan agreement or other evidence of
indebtedness, or any agreement or instrument to which the Consenting Party is a
party or by which the Consenting Party or its assets or properties are bound, or
(iii) result in the violation by the Consenting Party of any judgment, order, writ,
injunction or decree of any court or governmental agency or body binding upon the
Consenting Party or any of its assets or properties; (e) no consent, waiver,
approval, authorization or order of, or registration, filing or qualification with or
declaration to ("Approvals"), any governmental agency or body is required of the
Consenting Party in connection with the execution and delivery or the performance
of the Agreements or the transactions contemplated therein, other than those
Approvals already obtained or made by the Consenting Party and such obtained
Approvals are in full force and effect; (f) there is no litigation, action, suit,
investigation or proceeding pending or threatened against or affecting the Consenting
Party before or by any court, administrative or regulatory agency, governmental
authority, body or agency, or arbitrator which (i) could reasonably be expected to
have a material adverse effect on the ability of the Consenting Party to perform its
obligations under the Assigned Agreement or this Consent and Agreement, or (ii)
questions the validity, binding effect or enforceability of the Assigned Agreement or
this Consent and Agreement, any action taken or to be taken pursuant hereto or
thereto or any of the transactions contemplated hereby or thereby; (g) the Consenting
Party has not assigned, transferred, pledged or hypothecated the Assigned
Agreement or any interest therein; (h) the Consenting Party has no knowledge of any
default by the Assignor in any respect in the performance of any provision of the
Assigned Agreement or an event or condition which would, with the giving of notice or
lapse of time or both, constitute a default under the Assigned Agreement; and (i)
none of the Assignor's rights under the Assigned Agreement have been expressly
waived in writing by the Consenting Party. Subject to the rights of the Assignee or
the Permitted Transferee under Section 4 hereof, nothing herein shall affect the
Consenting Party's ability to terminate the Assigned Agreement in accordance with
the express terms of the Power Purchase Agreement.
Section 4: Notice of Assignor's Default and Termination. (a) Notwithstanding
anything to the contrary contained in the Assigned Agreement or in this Consent and
Agreement, for so long as any loans or other obligations are outstanding under the
[Bank Document] and until the same have been terminated and satisfied in full, as
the case may be, the Consenting Party shall not exercise any right it may have
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under the Assigned Agreement, at law or in equity, to cancel, suspend or terminate
the Assigned Agreement or any of its obligations under the Assigned Agreement,
other than as the result of any default or other action or omission of the Assignor;
provided that the Consenting Party shall not, except as provided in the Assigned
Agreement, exercise any such right that may arise as a result of a default or other
act or omission of the Assignor, without giving a copy of a notice of default to the
Assignee or the Permitted Transferee, simultaneously with delivering such notice to
Assignor under Section 5.1 of the Assigned Agreement such notice to be coupled with
an opportunity to cure any such default, action or omission, if such default, act or
omission is capable of cure, within ninety (90) days after the last day of the cure
period available to the Assignor in the Assigned Agreement (except with respect to
payment defaults, which cure must be made within twenty (20) days after the last
day of the cure period available to the Assignor in the Assigned Agreement with
respect to payment defaults), such cure period to commence upon receipt of
notice by the Assignee. Notwithstanding the foregoing, if possession and control of
the Facility (or a foreclosure (whether judicial or nonjudicial) on the direct or indirect
membership interests of the Assignor pledged to the Assignor under the [Bank
Documents], as applicable) is necessary to cure any non- monetary default and
Assignee has commenced foreclosure or other proceedings to obtain such
possession and control within sixty (60) days after notice of the default and is diligently
pursuing such proceedings, Assignee will be allowed a reasonable time, not to exceed
one hundred eighty (180) days after notice of default, to complete such
proceedings and cure such default. If Assignee or its Permitted Transferee is prohibited
by any court order, stay or injunction, or bankruptcy or insolvency proceedings of
Assignor or any direct or indirect owner of Assignor from curing such default or from
commencing or prosecuting such proceedings, the foregoing time periods shall be
extended by the period of such prohibition. Notwithstanding the above, to the extent a
default occurs under Section 12.1(a)iii) of the Assigned Agreement, it is acknowledged
and agreed that such default shall be cured by the foreclosure (whether judicial or
nonjudicial) by the Assignee or its Permitted Transferee on the direct or indirect
membership interests of the Assignor pledged to the Assignor under the Financing
Documents.
(b) Any communications hereunder, or any notices provided herein to be given, to
Assignee shall be in writing and shall be deemed to have been given (i) when
presented personally to the Assignee at the address indicated below (or such
other address as the Assignee may have specified by written notice delivered in
accordance herewith), (ii) one (1) business day after being deposited for overnight
delivery with a nationally recognized overnight courier service or such later date as
demonstrated by a bona fide receipt therefor at the address indicated below (or such
other address as the Assignee may have specified by written notice delivered in
accordance herewith), (iii) when received by the Assignee, if deposited in a
regularly maintained receptacle for the United States Postal Service, postage prepaid,
registered or certified mail, return receipt requested, addressed to the Assignee at
the address indicated below (or such other address as the Assignee may have
specified by written notice delivered in accordance herewith) or (iv) when
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transmitted by telecopy to the number specified below and the receipt thereof is
confirmed telephonically by the recipient, provided that such telecopy is then promptly
followed by a copy of such notice delivered by a method specified in clauses (i), (ii) or
(iii) immediately above.
Notice to Assignee:
Attention:
Facsimile:
No cancellation, suspension or termination of the Assigned Agreement by the
Consenting Party, or any of the other actions taken by the Consenting Party under the
Assigned Agreement, shall be binding upon the Assignee without such notice and the
opportunity to cure during the applicable extended cure periods specified in this
Section 4. If the Assignee fails to cure or rectify the effect of a default, action or
omission within the extended cure periods specified in this Section 4, the
Consenting Party shall have all its rights and remedies with respect to such default,
action or omission as set forth in the Assigned Agreement.
Section 5: No Amendments Without Consent. The Consenting Party shall not
amend the Assigned Agreement in any material respect without the Assignee's prior
written consent, which consent shall not be unreasonably withheld.
Section 6: Payments to Revenue Account. Notwithstanding anything to the contrary
contained in the Assigned Agreement or in this Consent and Agreement, the
Consenting Party hereby agrees that until the earlier to occur of (i) the release of the
Assigned Agreement from the collateral in accordance with the [Bank Documents] and
(ii) the payment or other satisfaction in full of all obligations of the Borrower under the
Financing Agreement, as the case may be (unless the Consenting Party is notified
earlier to make payments to a different account by the Assignee), all payments to be
made by the Consenting Party pursuant to the Assigned Agreement shall be made in
lawful money of the United States of America, by check or in immediately
available funds (after giving effect to all netting and offset provisions, if any, and all
conditions precedent to such payments set forth in the Assigned Agreement)
pursuant to the Assigned Agreement directly to the Assignee, for deposit into Account
No. at , or
to such other person and/or at such other address or account as the Assignee may
from time to time specify in writing to the Consenting Party.
Section 7: Protection of Assignee. Subject to the provisions of Section 2(b) and to
the extent permitted by applicable law, in the event that either (i) any of the Assignor's
interest in the Project shall be sold, assigned or otherwise transferred pursuant to the
exercise of any right, power or remedy by the Assignee or pursuant to judicial
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proceedings (other than any assignment of Assignor's interests in the Assigned
Agreement made and affirmed under 11 U.S.C. 365 or under a confirmed plan
of reorganization under the U.S. Bankruptcy Code), or (ii) the Assigned
Agreement is rejected under Title 11, United States Code, or other similar federal or
state statute and such rejection is approved by the appropriate court or is otherwise
effective pursuant to such statute, and in either such case the Assignee shall have
arranged for the curing of any default, action or omission under the Assigned
Agreement susceptible of being cured by the Assignee or by a Permitted Transferee
at any judicial or non judicial sale, then the Consenting Party shall, within thirty (30)
days after receipt by the Consenting Party of the latter of (a) of written request
therefor, which request shall be made not more than thirty (30) days after the
Assignee's receipt of notice of the event described in clause (i) or (ii) above, as
applicable, and (b) of such information as the Consenting Party may reasonably
request regarding the Permitted Transferee, including, but not limited to,
information regarding the creditworthiness, identity, business practice, experience in
the generation business of such Permitted Transferee, execute and deliver an
agreement to the Assignee or Permitted Transferee for the remainder of the term of
the Assigned Agreement, and with substantially the same terms as are contained in
the Assigned Agreement. References in this Consent and Agreement to "Assigned
Agreement" shall be deemed also to refer to such new agreement. Such new
agreement shall not be effective unless and until such defaults under the Assigned
Agreement have been cured, except for any defaults that are not capable of
being cured.
Section 8: Limited Recourse. If the Assignee or any Permitted Transferee succeeds
to the Assignor's rights and interests under the Assigned Agreement, whether by
foreclosure or otherwise, such entity shall assume liability for the Assignor's
obligations under the Assigned Agreement, but such liability shall not include any
liability for claims of the Consenting Party against the Assignor arising prior to
such assumption of the Assigned Agreement, except for those items cured pursuant
to Section 4 herein; provided, however, that the liability of the Assignee or
Permitted Transferee shall be limited to the Assignee's or such Permitted
Transferee's interest in the assets and properties formerly owned by Assignor and
obtained via foreclosure or other exercise of remedies under the [describe B ank
D ocument] or related security documents.
Section 9: Acknowledgment of Assignee's Obligations and Rights. The Assignee has
no obligation hereunder to extend credit to the Consenting Party at any time for any
purpose solely as a result of execution and delivery of this Consent and
Agreement. The Assignee shall have no obligation to the Consenting Party, and,
except as otherwise set forth in this Consent and Agreement, the Consenting Party
shall have no obligation to the Assignee, under the Assigned Agreement until such
time as the Assignee notifies the Consenting Party in writing of the Assignee's
election to assume, or cause a Permitted Transferee to assume, the Assignor's
obligations under the Assigned Agreement as contemplated in Section 2 of this
Consent and Agreement. If the Assignor defaults in the performance of any of its
covenants to the Assignee in any of the [Bank Document], the Assignee shall have
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the right under and to the extent provided for in the Security Agreement, inter alia, to
(a) declare all amounts due to the Assignee under the [Bank Document] immediately
due and payable, (b) take possession of the Project and complete and operate the
same, (c) sell or otherwise transfer its interest in the Project to a Permitted
Transferee and any Permitted Transferee at such sale shall succeed to the Assignee's
rights hereunder, provided that such Permitted Transferee shall cure any defaults by
the Assignor under the Assigned Agreement (capable of being cured), and assume, or
cause an assignee or designee to assume, and continue to perform the Assignor's
obligations under the Assigned Agreement, and (d) provided that it or any Permitted
Transferee thereof agrees to be bound by the terms and conditions of the Assigned
Agreement as contemplated in Section 2(b) of this Consent and Agreement, exercise
all rights of the Assignor under the Assigned Agreement in accordance with the terms
thereof. Without limiting the generality of the foregoing, if an event of default occurs
and is continuing under any of the [Bank Document], the Assignee or any of its
Permitted Transferees shall (provided that it or any Permitted Transferees agrees to
be bound by the terms and conditions of the Assignment Agreement as
contemplated in Section 2(b) of this Consent and Agreement), upon notice thereof
to the Consenting Party, have the full right and power to enforce directly against the
Consenting Party all obligations of the Consenting Party under the Assigned
Agreement and otherwise to exercise all remedies of the Assignor thereunder, and
to make all demands and give all notices and make all requests required or
permitted to be made by the Assignor under the Assigned Agreement and the
Consenting Party shall have no liability to the Assignor for acting in response to
demands and requests of the Assignee. The Assignee or any of its Permitted
Transferees shall have the right, but not the obligation, to perform any act, duty or
obligation required of the Assignor under the Assigned Agreement at any time prior to
any assumption pursuant to Section 2(b) of this Consent and Agreement, but nothing
herein shall require the Assignee or any of its Permitted Transferees to cure any
default, action or omission of the Assignor under the Assigned Agreement or to
perform any act, duty or obligation of the Assignor under the Assigned Agreement
prior to any such assumption pursuant to Section 2(b) of this Consent and
Agreement.
Section 10: Binding u pon Successors. All agreements, covenants, conditions and
provisions of this Consent and Agreement shall be binding upon and inure to the
benefit of the permitted successors and assigns of each of the parties hereto.
Section 11: Captions. The captions or headings at the beginning of each section of
this Consent and Agreement are for convenience only and are not a part of this
Consent and Agreement.
Section 12: Governing Law. This Consent and Agreement shall be governed by and
construed in accordance with the laws of the State of California, without regard to
principles of conflicts of law. The parties agree that any suit, action or other legal
proceeding by or against any party with respect to or arising out of this Consent
G-7
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and Agreement shall be brought in the courts of the State of California sitting in the
City and County of Sacramento, California.
Section 13: Amendment. This Consent and Agreement may be modified, amended
or rescinded only by writing expressly referring to this Consent and Agreement and
signed by all the parties hereto.
Section 14: Assignment of Claims. If the Assignee makes any payment to the
Consenting Party pursuant to this Consent and Agreement or the Assigned
Agreement originally required to be made by the Assignor, the Consenting Party
shall, within ten (10) days after receipt of written request therefor, execute and
deliver to the Assignee an assignment of the Consenting Party's claims against the
Assignor for such payment in form and substance reasonably satisfactory to the
Consenting Party and the Assignee.
Section 15: Severability. Every provision of this Consent and Agreement is intended to
be severable. If any term or provision hereof is declared by a court of competent
jurisdiction to be illegal, invalid or unenforceable for any reason whatsoever, such
illegality, invalidity or unenforceability shall not affect the other terms and provisions
hereof, which terms and provisions shall remain binding and enforceable, and to the
extent possible all of such other provisions shall remain in full force and effect.
Section 16: Counterparts. This Consent and Agreement may be executed in any
number of counterparts, each of which shall be an original, with the same effect as if
the signatures thereto and hereto were upon the same instrument.
Section 17: Acknowledgement. The Consenting Party hereby acknowledges and
agrees that the Assignor may collaterally assign the interconnection agreement and
Shared Facilities Agreement for the Facility to the Assignee and its Permitted
Transferee and the Consenting Party hereby consents to any assignment of the
interconnection agreement and the Shared Facilities Agreements to the Assignee and
its Permitted Transferee as a result of the exercise of remedies by the Assignee under
the [Bank Documents].
G-8
IN WITNESS WHEREOF, each of the Consenting Party, Assignee and Assignor has
duly executed this Consent and Agreement as of the date first above written.
I. 1
By:
Name:
Title:
XXXX
By:
Name:
Title:
Accepted and Agreed:
By:
Name:
Title:
By:
Name:
Title:
G-9
P477
EXHIBIT H
QUALIFIED OPERATORS
Sustainable Power Group, LLC
Sustainable Power Services, LLC
FTP Power LLC
Signal Energy, LLC
First Solar Electric (California) Inc.
NRG Energy, Inc.
SunPower Corporation
Zachry Holdings, Inc.
Swinerton Builders, Inc.
AMEC Kamtech Inc.
Avangrid Renewables, LLC
EDF Renewable Services, Inc.
Fluor Facility and Plant Services, Inc.
Rosendin Electric, Inc.
Sustainable Power Services, LLC
Cupertino Electric, Inc.
Blattner Energy
Borrego Solar, Inc.
H-1
P478
EXHIBIT I
FORM OF PERFORMANCE BOND
Bond Number:
Annual Premium:
POWER PURCHASE AGREEMENT
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS, That we, [Seller], as Principal, and
of , a corporation organized and existing under the laws of the State of _
, are held and firmly bound unto [Buyer], hereinafter called the Obligee, in the penal sum of
[ 1 Dollars ($f 1) for the payment of which sum well and truly to be made, we bind ourselves, our heirs,
executors, administrators and successors, jointly and severally, firmly by these presents.
WHEREAS, the Principal entered into a certain Power Purchase contract with the Obligee dated
, which is hereby referred to and made a part hereof as if fully set forth herein.
Effective Date of Bond:
NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that if the above named Principal,
its successors or assigns, does and shall well and truly observe, perform, fulfill and keep its obligations as set forth in
the above mentioned agreement, for which a bond must be posted, then the above obligation to be void; otherwise to
remain in full force and effect.
The bond is subject, however, to the following express conditions:
FIRST: That in the event of a default on the part of the Principal, its successors or assigns, a written statement of
such default with full details thereof shall be given to Surety promptly, and in any event, within 30 days after the
Obligee shall leam of such default, such notice to be delivered by registered mail to Surety at
SECOND: That no claim, suit or action under this bond by reason of any such default shall be brought against Surety
unless asserted or commenced within 60 Days after the effective date of any expiration or cancellation of this bond.
THIRD: This bond shall be automatically extended without amendment for one year from the expiry date hereof, or
any future expiration date, unless at least 60 days prior to any Expiration Date we notify you in writing by registered
mail that we elect not to renew this bond for any such additional period.
FOURTH: That this bond may be cancelled by Surety by 30 days' prior notice in writing from Surety to Principal and
to Obligee. Such termination or cancellation shall not affect any liability incurred or accrued under this bond prior to
the effective date of such termination or cancellation.
FIFTH: That no right of action shall accrue under this bond to or for the use of any person other than the Obligee, its
successors and assigns.
SIXTH: The liability of the Surety shall be limited to the amount set forth and is not cumulative.
PROVIDED FURTHER, this bond shall be governed in accordance and construed in accordance with the laws of the
State of California.
SEALED WITH OUR SEALS and dated this _ day of
1
I-1
P479
By:
Surety
By: Attorney -in -Fact
1-2
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P481
EXHIBIT J
BUYOUT OPTION
(1) Buyout Option. So long as no Event of Default with respect to Buyer has
occurred and is continuing, commencing at the beginning of the twentieth (20th)
Contract Year of the Delivery Period, but no later than ninety (90) days prior to the last
day of such Contract Year, Buyer may deliver Notice to Seller indicating whether it
elects to purchase the Facility (the "Buyout Option"). If Buyer elects to purchase the
Facility, Buyer shall pay Seller for the Facility prior to the last day of such Contract Year
in an amount equal to the higher of the Minimum Purchase Price (as set forth in clause
(3) below) or the Fair Market Value of the Facility as of such date, as determined
pursuant to clause (2) below (the "Buyout Payment"). If Buyer does not deliver such
Notice by the deadline set forth above for the purchase date, Buyer will be deemed to
have elected not to exercise the Buyout Option. This Agreement shall terminate on the
date of the closing of the sale of the Facility to Buyer as provided in clause (4) below.
(2) Calculation of Fair Market Value. If Buyer provides Notice to Seller that it is
exercising its rights under this Exhibit J, the Parties shall mutually agree upon an
Independent Appraiser on or before the date that is sixty (60) days prior to the last day
of the twentieth (20th) Contract Year of the Contract Term. The Independent Appraiser
shall determine, at equally shared expense of Buyer and Seller, the Fair Market Value
of the Facility as of the date on which the Buyout Payment is to be paid. On or prior to
the date that is thirty (30) days prior to the last day of such Contract Year, the
Independent Appraiser shall deliver its determination of Fair Market Value to each of
Buyer and Seller. In the event that Buyer and Seller cannot agree upon a single
Independent Appraiser, each Party shall contract for an Independent Appraiser at its
own expense, and the Fair Market Value shall be the simple average of the
determinations of the two Independent Appraisers.
(3) Minimum Purchase Price. The Minimum Purchase Price shall be:
Buyout Option Date: Minimum Purchase Price:
Contract Year 20 $7,125,000.00
(4) Passage of Title. Upon receipt of the Buyout Payment, the Parties shall execute
all documents necessary to cause title to the Facility to pass to Buyer on an as -is,
where -is, with -all -faults basis; provided, however, that Seller shall remove any
encumbrances held by Seller with respect to the Facility. The Parties will reasonably
cooperate to execute any such documents that may be required and regarding
operational protocols should the entire twenty (20) MW capacity of the Antelope
Expansion 3 generating facility not be purchased simultaneously.
(5) Assignment and Assumption of Assumed Contracts and Transferred Permits. At
the closing, Seller shall assign and be released from, and Buyer shall assume, and
J-1
P482
agree to pay, perform, fulfill and discharge all obligations of Seller under the Assumed
Contracts and Transferred Permits, but only to the extent such obligations (i) arise after
the closing, (ii) do not arise from or relate to any breach by Seller of any provision of any
of such Assumed Contracts or Transferred Permits, (iii) do not arise from or relate to
any event, circumstance or condition occurring or existing prior to the closing that, with
notice or lapse of time, would constitute or result in a breach of any of such Assumed
Contracts or Transferred Permits, and (iv) are ascertainable, in nature and amount,
solely by reference to the express written terms of such Assumed Contracts or
Transferred Permits. No later than thirty (30) days prior to the scheduled closing date,
Seller shall provide Buyer with a list of Assumed Contracts and Transferred Permits.
(6) Consents. Seller and Buyer will make, and thereafter diligently pursue, all
registrations, qualifications or filings and take all other actions necessary or appropriate
to obtain any approval, consent, ratification, waiver, license, permit, certification,
registration or other authorization ("Consent") required to consummate the sale,
assignments and transfers contemplated upon the exercise of the Buyer Option.
(7) Costs. Except as otherwise expressly provided in this Exhibit J, each of Buyer
and Seller will bear its respective expenses incurred in connection with performance of
its obligations under this Exhibit J and the transactions contemplated by the Buyout
Option, including all fees and expenses of agents, representatives, counsel, and
accountants. Buyer shall be responsible for (i) all filing and registration fees and other
expenses incurred in connection with obtaining any Consent and (ii) all recording,
documentary and transfer Taxes and any sales, use or other Taxes imposed against
Buyer or Seller by reason of the transfer of the Facility, the Assumed Contracts and
Transferred Permits to Buyer under the Buyout Option and any deficiency, interest or
penalty asserted with respect thereto.
(8) Definitions. For purposes of this Exhibit J, the following terms, when used herein
with initial capitalization, shall have the meanings set forth below:
"Assumed Contracts" means all contracts entered into by Seller or by which Seller is
bound relating to the Facility.
"Fair Market Value" means the amount a willing buyer would pay for the Facility and all
rights and interests associated therewith, in an arm's-length transaction, to a willing
seller under no compulsion to sell on the applicable closing date, taking into account all
relevant facts and circumstances relating to the Facility, including operation,
maintenance and insurance costs, and assuming (i) delivery of the expected generation
for the then -remaining term of this Agreement (as may be adjusted due to any material
casualty or other loss event, real or threatened condemnation proceeding (other than
any such proceeding instituted by Buyer or on its behalf)), or other material adverse
event affecting all or any portion of the Facility prior to and as of the closing date for the
purchase under the Buyout Option and (ii) that the Facility is able to generate revenue
for the remaining useful life of the Facility at a price per MWh equal to the then fair
J-2
P483
market price for Energy, Capacity Rights, Resource Adequacy, Environmental Attributes
and other products generated by the Facility.
"Independent Appraiser" shall be an individual who is a member of a national
accounting, engineering or energy consulting firm qualified by education, experience,
and training to determine the value of solar generating facilities of the size and age and
with the operational characteristics of the Facility, and who specifically has prior
experience valuing solar energy generating facilities. Except as may be otherwise
agreed by the Seller and Buyer, the Independent Appraiser shall not be (or within three
(3) years before his or her appointment have been) a director, officer, or an employee
of, or directly or indirectly retained as consultant or adviser to, either Buyer or Seller or
their respective Affiliates.
"Transferred Permits" means any approval, consent, waiver, exemption, variance,
franchise, order, permit, authorization, notification, certification, registration, ruling, filing
with, or right or license of or from a Governmental Authority relating to the Facility.
J-3
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EXHIBIT K
NEGATIVE PRICE CURTAILMENT PROTOCOL
Principal Concept:
Pursuant to Section 2.3 of the Agreement, the Parties establish this mutually agreeable
written protocol for negative price curtailment (the "Protocol"). The Parties agree that
there is value in developing a process to facilitate a negative pricing bid strategy
Protocol to capture RECs. This Protocol may be revised under a subsequent written
agreement among the Parties. Capitalized terms not defined in this Exhibit K have the
meanings given to them in the Agreement.
Details:
• The Protocol will be in effect each Contract Year starting at COD.
• Buyers will establish a negative price for the Economic Bid ("Floor Price") and will
communicate it to the Scheduling Coordinator and Seller representative no later
than five (5) business days in advance of each month of the Contract Year. The
initial Floor Price shall be deemed to be-$10/MWh. Should Buyer fail to update
the Floor Price, Seller shall use the last Floor Price communicated by Buyer.
• For each of the settlements contemplated in the three provisions below, the
Parties will operate as follows:
o For the first fifty (50) Initial Negative Intervals in which Buyer elects to
curtail deliveries, either through Notice or per this Protocol, Buyer shall
pay Zero Dollars ($0).
o In each Settlement Period in which the Day Ahead Locational Marginal
Price is between Zero Dollars ($0) and the Floor Price, Buyer will notify
Seller of any desired Buyer Curtailment.
o In each Settlement Period in which the Day Ahead Locational Marginal
Price is below the Floor Price, absent instruction from Buyer to the
contrary, Seller shall deem such Settlement Period to be a Buyer
Curtailment.
• The Parties may modify this curtailment protocol from time to time to ensure that
the economic benefits and costs are consistent with the Parties' expectations
under this Agreement.
K-1
Acknowledged and agreed:
K-2
P485
P486
EXHIBIT L
SAMPLE CALCULATION OF AMOUNTS DUE FOR EACH SETTLEMENT INTERVAL
FOR PURPOSES OF CALCULATING THE MONTHLY PAYMENT
Sample 2.3(b)
If the CAISO Settlement Price = $25/MWh, and:
Facility Energy = 7 MWh
Contract Price = $36.87 / MWh
Then, the amount payable to Seller for purposes of determining the Monthly Payment
pursuant to Section 2.3(d) = 7 MWh * ($36.87/MWh — $25/MWh) = $83.09
Sample 2.3(b)
If the CAISO Settlement Price is negative $15/MWh, and:
The current Settlement Interval is not an Initial Negative Interval, and:
Facility Energy = 7 MWh
Contract Price = $36.87/MWh; and
Buyer elects to take energy under negative pricing conditions;
Then the amount payable to Seller for purposes of determining the Monthly Payment
pursuant to Section 2.3(d) = 7 MWh * ($36.87/MWh + $15/MWh) = $363.09
Sample 2.3(b1
If the CAISO Settlement Price is negative $15/MWh, and:
The current Settlement Interval is not an Initial Negative Interval, and:
Facility Energy = 7 MWh
Contract Price = $36.87/MWh; and
Buyer issues curtailment instruction to Seller;
Then the amount payable to Seller for purposes of determining the Monthly Payment
pursuant to Section 2.3(d) = 7 MWh * $36.87/MWh = $258.09
Sample 2.3(c)
If the CAISO Settlement Price is negative $25/MWh, and:
The current Settlement Interval is an Initial Negative Interval, and:
Facility Energy = 7 MWh
Contract Price = $36.87/MWh
Then the amount payable to Seller for purposes of determining the Monthly Payment
pursuant to Section 2.3(d) = $0.00 whether or not there is any Facility Energy
Sample 2.4(cj
If the CAISO Settlement Price = $50.00/MWh, and:
Facility Energy = 7 MWh
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Contract Price = $36.87 / MWh
Then, the amount payable to Buyer for purposes of determining the Monthly Payment
pursuant to Section 2.3(d) = 7 MWh * ($50.00 - $36.87/MWh) = $91.91
L-2
DATE:
TO: John Gillison, City Manager
FROM: Candyce Burnett, City Planner
BY: Lois Schrader. Planning Commission Secretary
SUBJECT: SELECTION/REAPPOINTMENT PROCESS FOR PLANNING
COMMISSIONERS
P488
CITY OF RANCHO CUCAMONGA
October 18 2017
STAFF REPORT
RECOMMENDATION:
Staff recommends the City Council determine and initiate the preferred process to be used for the
selection/reappointment of the three Planning Commissioner positions (Fletcher, Munoz and
Oaxaca). Their term formally ends on December 31, 2017 and the new term begins
January 1, 2018.
BACKGROUND:
Planning Commissioners are appointed by the City Council and serve 4 -year term. Per Municipal
Code Chapter 2.20, Section 2.20.050, the Commissioners may be reappointed for a 4 -year term
with the approval of the City Council. The Municipal Code is vague on the precise process,
affording the City Council leeway as to how they would like to proceed. In past reappointment
cycles, some reappointment requests have been allowed to proceed directly to the Council for
action and others have been referred to the Community Development/Historic Preservation
Subcommittee for review and recommendation.
Staff prepared a table (Attachment 1) which summarizes the recommended path the Council
could take towards selecting/reappointing Commissioners.
ANALYSIS:
Staff has provided a table with the path and process for the upcoming selection/reappointment
requests for Commissioners Fletcher, Munoz and Oaxaca. The Commissioners have submitted
their letters requesting reappointment to the Planning Commission (see attachments).
FISCAL IMPACT:
None
COUNCIL GOAL(S) ADDRESSED:
None
ATTACHMENTS:
Attachment 1 — Table of the path to reappointment
Attachment 2 — Letters requesting reappointment
Page 1 of 1
Attachment 1
Swear in the
reappointed
Commissioner(s)
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A letter requesting
reappointment is
received from a
Commissioner
P489
P490
September 19, 2017
Mayor and Members of the City Council
John Gillison, City Manager .
SUBJECT: REAPPOINTMENT TO THE HISTORIC PRESERVATION AND PLANNING COMMISSION
I've had the pleasure to serve on the Planning Commission now for 14 years. Lois notified me
that it was that time again for some of us to seek reappointment and I had let her know that I
would indeed appreciate reappointment. She also indicated we should send in a letter indicating
that preference. As a small business owner (retired), I always consider the fiscal impact that our
decisions might have, both for the developer and for the City. I think it is important that we maintain
a mix of land uses that are revenue positive for the City, not just from one time developer fees but
throughout the life of the land use. I take very serious requests to change land uses that generate
revenue for the City to ones that generate expenses for the City. We also need to consider the
effect new development has on the quality of life for our residents. I've said openly that my
concerns as a Commissioner are for the residents of Rancho Cucamonga first and consideration
for an over population of California residents second.
Finally we need to pay attention to our historic assets and preservation. I've discussed with
Candyce a recent lack of any preservation review or activity for the Historic Preservation
Commission. She indicated this was due to a lack of any experienced staff and it is something
they are working on. I will leave it up to staff to get this back on track, but I'II also keep it on my to
do list.
I guess I don't need to go on and on with my opinions as most people have heard them before.
I'm passionate about doing what I think is right for our city and I would appreciate the opportunity
to continue on the Commission.
Sincerely,
(per email)
Rich Fletcher
Commissioner
ATTACHMENT 2
P491
CITY OF RANCHO CUCAMONGA
CITIZEN'S APPLICATION TO SERVE ON THE
PLANNING/HISTORIC PRESERVATION COMMISSION
Name: Luis (Lou) Munoz Jr., Planning/Historic Preservation Commissioner
Address: Alta Loma, CA., 91737
Phone: Home
Occupation: AT&T, Area Manager, Global Engineering Support
Education:
• Master of Business Administration, MBA, California State Polytechnic University (CAL POLY)
Pomona, CA.
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)90
• Professional Certificate in Telecommunications Management. Golden Gate University, San Francisco,
CA.
• University of Redlands, Redlands, California, Bachelor of Science in Information Systems, BSIS.
Are there any workday evenings you could not meet? No
Why are you interested in this position? I have always had an interest in Rancho Cucamonga. For the
last 18 years I have been an appointed official involved in many facets of city's governance, and
participated in variety of committees, and successful projects. I believe that there are still many
opportunities to continue to serve my community as our city approaches build -out and moves towards
new horizons like affordable, and higher density projects.
My involvement in planning has also led to being elected to serve with the League of California Cities as
Vice -President, President, and Director for the League of California Cities' Planning and Community
Development Department, and membership in the League of California Cities Board of Directors.
In that capacity I've had the opportunity to help that organization promote local control for cities like
Rancho Cucamonga. All of this involvement will benefit our community and more importantly allow me
the opportunity to directly help influence state elected officials, including our own elected officials.
What do you consider to be your major qualifications? I believe that my major qualifications for this
position is my extensive level of experience in our community as 35 year resident, a former member of
the Parks & Recreation Commission for 7 years, and more importantly as a member of the Planning
Commission for the past 12 years. I also have extensive experience with the planning framework,
General Plan, and Development Code in this city. I've been involved in all aspects of the revision of both
the General Plan, and more recently the Development Code. I enjoyed a successful tenure as both Vice -
Chair and Chairman of the Planning Commission. I have been involved in all aspects of project planning,
design policy matters, issues concerning the physical development of the community; long-range
planning, participation in events promoting citizen awareness in support of community goals, objectives,
policies, and services to the community.
P492
Question 1 (Side 2) — What do you see as the major planning issues facing the City in the next year? In
the next five years? Ten Years? Some of the major planning issues that I see over the next five years will
include public safety issues such as Marijuana regulation, dealing with public safety related to
Realignment of prison population (we have nearby correctional facilities) and the effects of those issues
will have on our population. In the longer term we're going to be dealing with build out, and
considering new types of higher density housing, while still addressing the needs of low income
mandates. Related to home design, the challenge will be keeping to high standards of design without
having a negative impact on our developers, and being mindful of keeping home prices in our
community affordable. We'll need to continue to encourage, plan, and develop Central Park, and other
open spaces in order to address our Healthy City goals.
Question 2 (Side 2) — What is your perception of the role of the Planning/Historic Preservation
Commission in relation to the Community? City Staff? City Council? Relative to our community I believe
that our Commission's primary role is to support our city leaders in order to "promote community
awareness in support of community goals," objectives, policies, and programs. Relative to the city staff I
believe that the role of the commission is to "partner and support" staff's efforts relative to policy
matters, issues concerning the physical development of the community; long-range planning, and
solving problems. Relative to the City Council I believe that the role of the commission's is to support
council figuratively and otherwise (e.g., "make decisions on various land use applications such as, but
not limited to, Conditional Use Permits, Development/Design Reviews, Entertainment Permits,
Subdivisions, tentative tract, tentative parcel maps, and Variances"). Council will become involved on an
as required basis in the event of an appeal or various types of recommendations.
References
1. Dan Coleman,
2. Lois Schrader (909) 477-2750 ext. 4329
3. Ray Wimberly
4. Larry Henderson
P493
September 12, 2017
Honorable Mayor L. Dennis Michael
Mayor Pro Tem Lynne B. Kennedy
Councilmember William J. Alexander
Councilmember Diane Williams
Councilmember Sam Spagnolo
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
RE: Letter of interest for reappointment to City of Rancho Cucamonga Historic Preservation and Planning
Commission
Dear Mayor Michael, Mayor Pro Tem Kennedy and Councilmembers:
Please accept this letter as my formal request for your consideration for reappointment to the City's
Historic Preservation and Planning Commission. I believe my tenure on the Commission has contributed
to the continued implementation of sensible and innovative development and land use policies and has
maintained the standards that have made Rancho Cucamonga the "Jewel of the Inland Empire". I look
forward to continuing to serve our city. Thank you for support.
Francisco Oaxaca
Chairman, Historic Preservation and Planning Commission
cc: Candyce Burnett