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HomeMy WebLinkAbout2018-04-04 - Agenda PacketAGENDAS FIRE PROTECTION DISTRICT BOARD -HOUSING SUCCESSOR AGENCY - SUCCESSOR AGENCY -PUBLIC FINANCING AUTHORITY -CITY COUNCIL Wednesday, April 4, 2018 10500 Civic Center Drive Rancho Cucamonga, CA 91730-3801 REGULAR MEETINGS: 1st and 3rd Wednesdays - 7:00 P.M. ORDER OF BUSINESS: CLOSED SESSION TAPIA CONFERENCE ROOM 5:00 P.M. REGULAR MEETINGS COUNCILCHAMBERS 7:00 P.M. MEMBERS: MAYOR L. Dennis Michael CITYMANAGER John R. Gillison MAYOR PRO TEM Lynne B. Kennedy CITYATTORNEY James L. Markman COUNCIL MEMBERS William Alexander CITYCLERK Janice C. Reynolds Sam Spagnolo Diane Williams CITYTREASURER 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. Aft INFORMATION FOR THE PUBLIC Le �o &CAMONGA TOADDRESS THE FIRE BOARD, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITYAND CITYCOUNCIL 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 alled when that item is being discussed, in the order in which it was received. Comments are to be limited to five minutes per individual or less, as deemed necessary bythe 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 Citys 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 CityCouncil meetings are broadcast live on Channel 3 for those with cable television access. Meetings are rebroadcast on the second and fourth Wednesdays of each month at 7:00 p.m. Streaming Video on Demand is available on the City's website at www.cityofrc.us/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. April 4, 2018 FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY, HOUSING SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITYAND CITY COUNCIL AGENDA D.1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 9591 SAN BERNARDINO ROAD; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND MARTIN ZVIRBULIS, GENERAL MANAGER/CHIEF EXECUTIVE OFFICER, CUCAMONGA VALLEY WATER DISTRICT; REGARDING PRICE AND TERMS. -CITY D.2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTH WEST CORNER OF BASE LI NE ROAD AND DAY CREEK BOULEVARD AS PARCEL NUMBERS 1089-031-360000; NEGOTIATING PARTIES CITY MANAGER JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND STEVE PONTELL REPRESENTING DAY CREEK SENIOR HOUSING PARTNERS, LP; REGARDING PRICE AND TERMS. -CITY D.3. CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEI UBER, HUMAN RESOURCES DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH THE RANCHO CUCAMONGA CITY EMPLOYEES ASSOCIATION (RCCEA) AND TEAMSTERS LOCAL 1932. - CITY DA. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTH WEST CORNER OF ARROW ROUTE AND ROCHESTER AVENUE AS PARCEL NUMBERS 0229-012-08-0000 AND 0229-012-10-0000; NEGOTIATING PARTIES MATT BURRIS, DEPUTY CITY MANAGER/ECONOMIC & COMMUNITY DEVELOPMENT, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND DAN DE LA PAZ, REPRESENTING THE PROPERTYOWNER; REGARDING PRICEAND TERMS.—CITY D.5. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION INITIATION OF LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (D) OF SECTION 54956.9: (ONE CASE) 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. 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.1. Presentation of a Proclamation Declaring the Month of April as "Donate Life Month". A.2. Presentation of a Proclamation Declaring the Month of April as "Child Abuse Prevention Month". 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. C.1. Consideration to approve Check Register dated March 14, 2018 through March 27, 2018 for the total of $393,985.21. C.2. Consideration to approve Amendment No. 02 to HMC Architects Contract No. FD 17-003 in the Amount of $20,000 for Additional Architectural Design Services for the Conceptual Plans for the Redesign of the Sheriff Substation at Victoria Gardens. G.1. Consideration to approve Check Register dated March 14, 2018 through March 27, 2018 for the total of $5,221,945.27. G.2. Consideration to approve an appropriation of funds in the amount of $6,000 from the CA Recycling/Litter Reduction Grant (Fund 225) Fund for costs associated with increasing beverage container recycling opportunities. G.3. Consideration of an Agreement between the City and WLPX Day Creek, LLC for Maintenance of the Traffic Signal located at Base Line Road, west of Day Creek Boulevard. GA. Consideration to schedule a Public Hearing for May 16, 2018 for placement of Liens for Delinquent Solid Waste Accounts. G.5. Consideration to Award a Contract to Torga Electrical for the "Victoria Windrows 2A & 2B Greenbelt Lighting Project". G.6. Consideration of Amendment No. 002 Authorizing an Increase to the Professional Services Agreement with Kindred Corporation in the Amount of $96,160. G.7. Consideration of a Loan Agreement, Promissory Note, Request for Notice, and Affirm the Purchase and Sale Agreement of the Neighborhood Stabilization Program Property Located at 6948 Spinel Avenue. G.8. Consideration to approve Amendment No. 02 to HMC Architects Contract No. FD 17-003 in the Amount of $20,000 for Additional Architectural Design Services for the Conceptual Plans for the Redesign of the Sheriff Substation at Victoria Gardens. G.9. Consideration to Adopt a Resolution Allocating the Road Maintenance and Rehabilitation Funds for Fiscal Year 2018/19. RESOLUTION NO. 18-018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, STATE OF CALIFORNIA, ADOPTING THE PROJECTS FOR THE ROAD MAINTENANCE AND REHABILITATION PROGRAM FOR FISCAL YEAR 2018/19 FOR THE EXPENDITURE OF ROAD MAINTENANCE AND REHABILITATION ACCOUNT (RMRA) FUNDS 1.1. Summary of Review of Results of Annual Independent Audit Concerning FY 2016/17 Expenditures in LMDs 2 (Victoria), 4 (Terra Vista), 6 (Caryn), and 7 (North Etiwanda). 1.2. Summary of Review of Results of Annual Independent Audit Concerning FY 2016/17 Expenditures in Landscape Maintenance District #1, Street Lighting District #2, and Park and Recreation Improvement District #85. K.1. Update on Citywide Traffic Enforcement Operations, the City's Tow Franchise Program, and Parking Restrictions Adjacent to the North Etiwanda Preserve (Verbal Report). CERTIFICATION I, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California and on the City's website. DATE: April 4, 2018 TO: President and Members of the Board of Directors FROM: John R. Gillison, City Manager INITIATED BY: Tamara Layne, Finance Director SUBJECT: CONSIDERATION TO APPROVE CHECK REGISTER DATED MARCH 14, 2018 THROUGH MARCH 27, 2018 FOR THE TOTAL OF $393,985.21. RECOMMENDATION: Staff recommends Fire Board approve payment of demands as presented. BACKGROUND: N/A ANALYSIS: N/A FISCAL IMPACT: Adequate budgeted funds are available for the payment of demands per the attached listing. COUNCIL GOAL(S) ADDRESSED: N/A ATTACHMENTS: Description Attachment 1 - Check Register CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 3/14/2018 through 3/27/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00007799 03/14/2018 ALL CITY MANAGEMENT SERVICES INC. 15,384.57 0.00 15,384.57 AP 00007800 03/14/2018 CALIF GOVERNMENT VEBA/RANCHO CUCAMONGA 13,395.00 0.00 13,395.00 AP 00007801 03/14/2018 RCCEA 1,914.50 0.00 1,914.50 AP 00007802 03/14/2018 RCPFA 11,876.95 0.00 11,876.95 AP 00007803 03/14/2018 RIVERSIDE, CITY OF 6,909.00 0.00 6,909.00 AP 00007804 03/14/2018 SAN BERNARDINO CTY SHERIFFS DEPT 2,927,876.00 0.00 2,927,876.00 AP 00007805 03/14/2018 SHELL ENERGY NORTH AMERICA 188,875.00 0.00 188,875.00 AP 00007806 03/14/2018 TANKO LIGHTING 201,688.59 0.00 201,688.59 AP 00007807 03/14/2018 US DEPARTMENT OF ENERGY 9,332.96 0.00 9,332.96 AP 00007808 03/21/2018 CHAFFEY JOINT UNION HS DISTRICT 84.48 0.00 84.48 AP 00007809 03/21/2018 COLLEGEPRINTS LLC 1,858.42 0.00 1,858.42 AP 00007810 03/21/2018 NORMAN A TRAUB ASSOCIATES 2,042.30 0.00 2,042.30 AP 00007811 03/21/2018 RE ASTORIA 2 LLC 79,640.32 0.00 79,640.32 AP 00007812 03/21/2018 SARGENT TOWN PLANNING INC 121,661.52 0.00 121,661.52 AP 00007813 03/27/2018 AHUMADA, ALEXANDER R 0.00 631.60 631.60 AP 00007814 03/27/2018 ALMAND, LLOYD 0.00 631.60 631.60 AP 00007815 03/27/2018 BANTAU, VICTORIA 0.00 499.68 499.68 AP 00007816 03/27/2018 BAZAL, SUSAN 0.00 585.98 585.98 AP 00007817 03/27/2018 BELL, MICHAEL L. 0.00 1,214.46 1,214.46 AP 00007818 03/27/2018 BERRY, DAVID 0.00 1,152.40 1,152.40 AP 00007819 03/27/2018 BROCK, ROBIN 0.00 923.03 923.03 AP 00007820 03/27/2018 CAMPBELL, GERALD 0.00 826.04 826.04 AP 00007821 03/27/2018 CAMPBELL, STEVEN 0.00 1,327.27 1,327.27 AP 00007822 03/27/2018 CARNES, KENNETH 0.00 499.68 499.68 AP 00007823 03/27/2018 CLABBY, RICHARD 0.00 1,152.40 1,152.40 AP 00007824 03/27/2018 CLOUGHESY, DONALD R 0.00 1,618.70 1,618.70 AP 00007825 03/27/2018 CORCORAN, ROBERT 0.00 540.73 540.73 AP 00007826 03/27/2018 COSTELLO, DENNIS M 0.00 1,618.70 1,618.70 AP 00007827 03/27/2018 COX, KARL 0.00 631.60 631.60 AP 00007828 03/27/2018 CRANE, RALPH 0.00 968.28 968.28 AP 00007829 03/27/2018 CROSSLAND, WILBUR 0.00 499.68 499.68 AP 00007830 03/27/2018 DAGUE, JAMES 0.00 1,214.46 1,214.46 AP 00007831 03/27/2018 DE ANTONIO, SUSAN 0.00 540.73 540.73 AP 00007832 03/27/2018 DEANS, JACKIE 0.00 585.98 585.98 AP 00007833 03/27/2018 DOMINICK, SAMUEL A. 0.00 923.03 923.03 AP 00007834 03/27/2018 EAGLESON, MICHAEL 0.00 1,214.46 1,214.46 AP 00007835 03/27/2018 EGGERS, BOB 0.00 1,618.70 1,618.70 AP 00007836 03/27/2018 FRITCHEY, JOHN D. 0.00 499.68 499.68 AP 00007837 03/27/2018 HEYDE, DONALD 0.00 631.60 631.60 AP 00007838 03/27/2018 INTERLICCHIA, ROSALYN 0.00 249.30 249.30 AP 00007839 03/27/2018 KILMER, STEPHEN 0.00 1,538.02 1,538.02 AP 00007840 03/27/2018 LANE, WILLIAM 0.00 1,214.46 1,214.46 AP 00007841 03/27/2018 LARKIN, DAVID W 0.00 1,538.02 1,538.02 AP 00007842 03/27/2018 LEE, ALLAN J. 0.00 1,264.92 1,264.92 AP 00007843 03/27/2018 LENZE, PAUL E 0.00 1,093.58 1,093.58 AP 00007844 03/27/2018 LONGO, JOE 0.00 183.34 183.34 AP 00007845 03/27/2018 LUTTRULL, DARRELL 0.00 499.68 499.68 User: NDANIELS - Noah Daniels Page: 1 Current Date: 03/28/2018 Report: CK -AGENDA -REG -PORTRAIT -CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 12:59:20 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 3/14/2018 through 3/27/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00007846 03/27/2018 MACKALL, BEVERLY 0.00 509.70 509.70 AP 00007847 03/27/2018 MAYFIELD, RON 0.00 1,304.96 1,304.96 AP 00007848 03/27/2018 MCKEE, JOHN 0.00 631.60 631.60 AP 00007849 03/27/2018 MCNEIL, KENNETH 0.00 631.60 631.60 AP 00007850 03/27/2018 MICHAEL, L. DENNIS 0.00 923.03 923.03 AP 00007851 03/27/2018 MORGAN, BYRON 0.00 1,714.62 1,714.62 AP 00007852 03/27/2018 MYSKOW, DENNIS 0.00 1,152.40 1,152.40 AP 00007853 03/27/2018 NAUMAN, MICHAEL 0.00 499.68 499.68 AP 00007854 03/27/2018 NEE, RON 0.00 585.98 585.98 AP 00007855 03/27/2018 NELSON, MARY JANE 0.00 183.34 183.34 AP 00007856 03/27/2018 O'BRIEN, TOM 0.00 1,618.70 1,618.70 AP 00007857 03/27/2018 PLOUNG, MICHAEL J 0.00 558.94 558.94 AP 00007858 03/27/2018 POST, MICHAEL R 0.00 1,586.77 1,586.77 AP 00007859 03/27/2018 PROULX, PATRICK 0.00 1,618.70 1,618.70 AP 00007860 03/27/2018 REDMOND, MIKE 0.00 1,214.46 1,214.46 AP 00007861 03/27/2018 ROEDER, JEFF 0.00 1,214.46 1,214.46 AP 00007862 03/27/2018 SALISBURY, THOMAS 0.00 631.60 631.60 AP 00007863 03/27/2018 SMITH, RONALD 0.00 499.68 499.68 AP 00007864 03/27/2018 SORENSEN, SCOTT D 0.00 1,854.00 1,854.00 AP 00007865 03/27/2018 SPAGNOLO, SAM 0.00 499.68 499.68 AP 00007866 03/27/2018 SPAIN, WILLIAM 0.00 826.04 826.04 AP 00007867 03/27/2018 SULLIVAN, JAMES 0.00 499.68 499.68 AP 00007868 03/27/2018 TAYLOR, STEVE 0.00 1,461.55 1,461.55 AP 00007869 03/27/2018 TULEY, TERRY 0.00 1,214.46 1,214.46 AP 00007870 03/27/2018 VANDERKALLEN, FRANCIS 0.00 982.80 982.80 AP 00007871 03/27/2018 VARNEY, ANTHONY 0.00 923.03 923.03 AP 00007872 03/27/2018 WALTON, KEVIN 0.00 1,538.02 1,538.02 AP 00007873 03/27/2018 YOWELL, TIMOTHY A 0.00 1,304.96 1,304.96 AP 00388677 03/14/2018 A AND R TIRE SERVICE 117.51 0.00 117.51 AP 00388678 03/14/2018 AAA ELECTRIC MOTOR SALES 505.69 0.00 505.69 AP 00388679 03/14/2018 ABILEZ JR., RICK A. 675.00 0.00 675.00 AP 00388680 03/14/2018 ABLE BUILDING MAINTENANCE 1,645.65 0.00 1,645.65 AP 00388681 03/14/2018 ACTION AWARDS INC. 756.00 0.00 756.00 AP 00388682 03/14/2018 AFLAC GROUP INSURANCE 40.97 0.00 40.97 AP 00388683 03/14/2018 AFLAC GROUP INSURANCE 6,484.96 0.00 6,484.96 AP 00388684 03/14/2018 ALFARO COMMUNICATIONS CONSTRUCTION INC 310,424.90 0.00 310,424.90 AP 00388685 03/14/2018 ALL AMERICAN DOOR COMPANY 400.00 0.00 400.00 AP 00388686 03/14/2018 ALL CITIES TOOLS 0.00 14.01 14.01 AP 00388687 03/14/2018 ALLIED UNIVERSAL SECURITY SERVICES 27,092.05 0.00 27,092.05 AP 00388688 03/14/2018 ALLSTAR FIRE EQUIPMENT INC 0.00 411.80 411.80 AP 00388689 03/14/2018 ART OF LIVING FOUNDATION 72.00 0.00 72.00 AP 00388690 03/14/2018 ASSI SECURITY 0.00 235.00 235.00 AP 00388691 03/14/2018 BERLITZ 110.00 0.00 110.00 AP 00388692 03/14/2018 BISHOP COMPANY 747.62 0.00 747.62 AP 00388693 03/14/2018 BODEN, JANA 500.00 0.00 500.00 AP 00388694 03/14/2018 BONILLA, BRIANA 600.00 0.00 600.00 AP 00388695 03/14/2018 BRAVO-VALDEZ, PATRICIA 82.41 0.00 82.41 User: NDANIELS - Noah Daniels Page: 2 Current Date: 03/28/2018 Report: CK -AGENDA -REG -PORTRAIT -CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 12:59:20 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 3/14/2018 through 3/27/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00388696 03/14/2018 BRIGHTVIEW LANDSCAPE SERVICES INC. 671.65 0.00 671.65 AP 00388697 03/14/2018 BUTSKO UTILITY DESIGN INC. 10,598.47 0.00 10,598.47 AP 00388699 03/14/2018 C V W D 38,701.18 954.43 39,655.61 *** AP 00388700 03/14/2018 CAGLES APPLIANCE 0.00 40.41 40.41 AP 00388701 03/14/2018 CAL PERS LONG TERM CARE 254.14 0.00 254.14 AP 00388702 03/14/2018 CALIFORNIA SHOPPING CART RETRIEVAL CORP 70.00 0.00 70.00 AP 00388703 03/14/2018 CALIFORNIA, STATE OF 8.44 0.00 8.44 AP 00388704 03/14/2018 CALIFORNIA, STATE OF 100.00 0.00 100.00 AP 00388705 03/14/2018 CARQUEST AUTO PARTS 0.00 95.98 95.98 AP 00388706 03/14/2018 CARTY, DIANE 330.00 0.00 330.00 AP 00388707 03/14/2018 CASTILLO, FRANCISCO 720.00 0.00 720.00 AP 00388708 03/14/2018 CHAMPION AWARDS AND SPECIALTIES 38.79 0.00 38.79 AP 00388709 03/14/2018 CHARIOT SPRING COMPANY 0.00 458.63 458.63 AP 00388710 03/14/2018 CHINO MOWER AND ENGINE SERVICE 0.00 386.52 386.52 AP 00388711 03/14/2018 CINTAS CORPORATION #150 0.00 310.96 310.96 AP 00388712 03/14/2018 CITY LIGHT & POWER INC 54.00 0.00 54.00 AP 00388713 03/14/2018 CLARK, KAREN 729.00 0.00 729.00 AP 00388714 03/14/2018 CLAYTON, JANICE 141.31 0.00 141.31 AP 00388715 03/14/2018 COMBINED MARTIAL SCIENCE INC 3,628.80 0.00 3,628.80 AP 00388716 03/14/2018 CONSUMERS PIPE-FONTANA 0.00 125.88 125.88 AP 00388717 03/14/2018 CONVERSE CONSULTANTS 4,677.00 0.00 4,677.00 AP 00388718 03/14/2018 COX, JACKELINE L. 650.00 0.00 650.00 AP 00388719 03/14/2018 CREATIVE BRAIN LEARNING 1,323.00 0.00 1,323.00 AP 00388720 03/14/2018 CRIME SCENE STERI-CLEAN LLC 270.00 0.00 270.00 AP 00388721 03/14/2018 CRRA 200.00 0.00 200.00 AP 00388722 03/14/2018 CRRA 200.00 0.00 200.00 AP 00388723 03/14/2018 DANCE TERRIFIC 1,982.40 0.00 1,982.40 AP 00388724 03/14/2018 DANIELS, NOAH 120.00 0.00 120.00 AP 00388725 03/14/2018 DELTA DENTAL 42,404.70 0.00 42,404.70 AP 00388726 03/14/2018 DEPARTMENT OF JUSTICE 2,253.00 0.00 2,253.00 AP 00388727 03/14/2018 DERRINGER, TODD 45.69 0.00 45.69 AP 00388728 03/14/2018 DIAMOND ENVIRONMENTAL SERVICES 305.99 0.00 305.99 AP 00388729 03/14/2018 DLIMAGING 66.30 0.00 66.30 AP 00388730 03/14/2018 DOMINGUEZ, DESTINIE 324.00 0.00 324.00 AP 00388731 03/14/2018 DUGMORE & DUNCAN INC. 705.01 0.00 705.01 AP 00388732 03/14/2018 DUMBELL MAN FITNESS EQUIPMENT, THE 893.05 300.00 1,193.05 *** AP 00388733 03/14/2018 DUNN, ANN MARIE 151.20 0.00 151.20 AP 00388734 03/14/2018 ECONOLITE CONTROL PRODUCTS INC 115,859.04 0.00 115,859.04 AP 00388735 03/14/2018 EMBROIDME 3,069.49 0.00 3,069.49 AP 00388736 03/14/2018 EMPLOYMENT DEVELOPMENT DEPT. 60.00 0.00 60.00 AP 00388737 03/14/2018 ERICKSON HALL CONSTRUCTION 0.00 84,545.83 84,545.83 AP 00388738 03/14/2018 ESTEVES, DENISE 500.00 0.00 500.00 AP 00388739 03/14/2018 ETIWANDA SCHOOL DISTRICT 1,027.00 0.00 1,027.00 AP 00388740 03/14/2018 EXECUTIVE AUTO DETAIL 745.00 0.00 745.00 AP 00388741 03/14/2018 EXPERIAN 52.00 0.00 52.00 AP 00388742 03/14/2018 FACTORY MOTOR PARTS 0.00 1,043.39 1,043.39 AP 00388743 03/14/2018 FARRAR-PULS, JAYSON 600.00 0.00 600.00 User: NDANIELS - Noah Daniels Page: 3 Current Date: 03/28/2018 Report: CK -AGENDA -REG -PORTRAIT -CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 12:59:20 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 3/14/2018 through 3/27/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00388744 03/14/2018 FEDERAL SIGNAL CORPORATION 0.00 527.65 527.65 AP 00388745 03/14/2018 FRANCIS, KASSY ELIZABETH 575.00 0.00 575.00 AP 00388746 03/14/2018 FRONTIER COMM 992.32 318.20 1,310.52 *** AP 00388747 03/14/2018 FUEL SERV 0.00 1,281.50 1,281.50 AP 00388748 03/14/2018 G AND M BUSINESS INTERIORS 132.07 129,876.62 130,008.69 *** AP 00388749 03/14/2018 GALE, BRIAN 833.00 0.00 833.00 AP 00388750 03/14/2018 GARCIA, VIVIAN 149.48 0.00 149.48 AP 00388751 03/14/2018 GATEWAY PET CEMETERY AND CREMATORY 810.00 0.00 810.00 AP 00388752 03/14/2018 GEOGRAPHICS 545.33 0.00 545.33 AP 00388753 03/14/2018 GIORDANO, MARIANNA 126.00 0.00 126.00 AP 00388754 03/14/2018 GONZALEZ, MICHAEL 525.00 0.00 525.00 AP 00388755 03/14/2018 GOODYEAR TIRE AND RUBBER CO. 252.68 541.70 794.38 *** AP 00388756 03/14/2018 GRADY, MERRILL 260.89 0.00 260.89 AP 00388757 03/14/2018 GRAINGER 425.43 1,224.97 1,650.40 *** AP 00388758 03/14/2018 GRANT, ANNEKE 157.31 0.00 157.31 AP 00388759 03/14/2018 HAMILTON, CHARLES 28.83 0.00 28.83 AP 00388760 03/14/2018 HENRY SCHEIN ANIMAL HEALTH SUPPLY 107.82 0.00 107.82 AP 00388761 03/14/2018 HERRERA, MARISSA 30.66 0.00 30.66 AP 00388762 03/14/2018 HILLS PET NUTRITION SALES INC 365.91 0.00 365.91 AP 00388763 03/14/2018 HOLLOWAY, JACK 0.00 80.00 80.00 AP 00388764 03/14/2018 HOSE MAN INC 0.00 121.56 121.56 AP 00388765 03/14/2018 HOWARD, COLE 515.00 0.00 515.00 AP 00388766 03/14/2018 HUANG, LITO 110.31 0.00 110.31 AP 00388767 03/14/2018 HUMANE SOCIETY OF SAN BERNARDINO VALLEY INC. 200.00 0.00 200.00 AP 00388768 03/14/2018 HUSQVARNA CONSTRUCTION PRODUCTS 690.01 0.00 690.01 AP 00388769 03/14/2018 IATSE NATIONAL HEALTH & WELFARE FUNDS 300.00 0.00 300.00 AP 00388770 03/14/2018 IDEXX DISTRIBUTION INC 2,883.58 0.00 2,883.58 AP 00388771 03/14/2018 IMPRESSIONS GOURMET CATERING 3,394.13 0.00 3,394.13 AP 00388772 03/14/2018 INDERWIESCHE, MATT 2,025.00 0.00 2,025.00 AP 00388773 03/14/2018 INLAND VALLEY DANCE ACADEMY 2,834.40 0.00 2,834.40 AP 00388774 03/14/2018 INTERACTIVE DATA PRICING AND REFERENCE DATA 267.70 0.00 267.70 AP 00388775 03/14/2018 INTERNATIONAL LINE BUILDERS INC 2,001.79 0.00 2,001.79 AP 00388776 03/14/2018 JOHN L GOLDEN ELEMENTARY PTA 500.00 0.00 500.00 AP 00388777 03/14/2018 JOHNNY ALLEN TENNIS ACADEMY 3,322.20 0.00 3,322.20 AP 00388778 03/14/2018 KEITH, JORRY 270.00 0.00 270.00 AP 00388779 03/14/2018 KELLEY, KENNETH 0.00 1,041.00 1,041.00 AP 00388780 03/14/2018 LEVEL 3 COMMUNICATIONS LLC 5,291.57 0.00 5,291.57 AP 00388781 03/14/2018 LINGER, MARION 126.00 0.00 126.00 AP 00388782 03/14/2018 LIVE OAK DOG OBEDIENCE 312.00 0.00 312.00 AP 00388783 03/14/2018 LOCAL GOVERNMENT COMMISSION 1,181.82 0.00 1,181.82 AP 00388784 03/14/2018 LOS ANGELES MUSICIANS COLLECTIVE 14,665.01 0.00 14,665.01 AP 00388787 03/14/2018 LOWES COMPANIES INC. 7,356.43 4,369.14 11,725.57 *** AP 00388788 03/14/2018 LUCKY FEET SHOES INC 360.80 0.00 360.80 AP 00388789 03/14/2018 MARCOS, CHRISTOPHER 650.00 0.00 650.00 AP 00388790 03/14/2018 MARSHALL, SYLVIA 1,249.20 0.00 1,249.20 AP 00388791 03/14/2018 MATLOCK DESIGN BUILD INC 5,702.50 0.00 5,702.50 AP 00388792 03/14/2018 MAXWELL, ANTHONY 9.00 0.00 9.00 User: NDANIELS - Noah Daniels Page: 4 Current Date: 03/28/2018 Report: CK -AGENDA -REG -PORTRAIT -CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 12:59:20 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 3/14/2018 through 3/27/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00388793 03/14/2018 MC AVOY & MARKHAM 476.66 0.00 476.66 AP 00388794 03/14/2018 MEDIWASTE DISPOSAL 105.00 0.00 105.00 AP 00388795 03/14/2018 MENDOZA, ARTHUR J 1,000.00 0.00 1,000.00 AP 00388796 03/14/2018 MIJAC ALARM COMPANY 102.00 146.00 248.00 *** AP 00388797 03/14/2018 MINUTEMAN PRESS 212.27 0.00 212.27 AP 00388798 03/14/2018 MONTOYA, RITA 60.00 0.00 60.00 AP 00388799 03/14/2018 MORRIS, RICHARD 120.00 0.00 120.00 AP 00388800 03/14/2018 MORRISON SPORTS LLC 5,449.60 0.00 5,449.60 AP 00388801 03/14/2018 MURRAY & ASSOCIATES, BOB 8,000.00 0.00 8,000.00 AP 00388802 03/14/2018 MUSIC THEATRE INTERNATIONAL 75.00 0.00 75.00 AP 00388803 03/14/2018 NAPA AUTO PARTS 0.00 1,284.10 1,284.10 AP 00388804 03/14/2018 NAVARRO, ANYSSA 675.00 0.00 675.00 AP 00388805 03/14/2018 O'CONNELL, RYAN P 1,125.00 0.00 1,125.00 AP 00388806 03/14/2018 OC TANNER RECOGNITION COMPANY 484.06 0.00 484.06 AP 00388807 03/14/2018 OCCUPATIONAL HEALTH CTRS OF CA 4,888.02 13,708.00 18,596.02 *** AP 00388808 03/14/2018 OMNITRANS 1,489.60 0.00 1,489.60 AP 00388809 03/14/2018 ONTARIO SPAY AND NEUTER INC 450.00 0.00 450.00 AP 00388810 03/14/2018 ORCHARD PLAZA 12,500.00 0.00 12,500.00 AP 00388811 03/14/2018 PACIFIC PARKING SYSTEMS INC 800.00 0.00 800.00 AP 00388812 03/14/2018 PACIFIC YOUTH SPORTS 1,632.00 0.00 1,632.00 AP 00388813 03/14/2018 PEP BOYS 11.74 0.00 11.74 AP 00388814 03/14/2018 PERDIDO, KEVIN TRINIO 500.00 0.00 500.00 AP 00388815 03/14/2018 PEREZ, ELIZABETH 500.00 0.00 500.00 AP 00388816 03/14/2018 PERSONAL STRENGTHS PUBLISHING INC 3,850.73 0.00 3,850.73 AP 00388817 03/14/2018 POLLOCK, LARRY 0.00 20.00 20.00 AP 00388818 03/14/2018 POWELL, NICOLE 575.00 0.00 575.00 AP 00388819 03/14/2018 PRE -PAID LEGAL SERVICES INC 78.38 0.00 78.38 AP 00388820 03/14/2018 PRECISION GYMNASTICS 2,612.40 0.00 2,612.40 AP 00388821 03/14/2018 PSA PRINT GROUP 788.53 0.00 788.53 AP 00388822 03/14/2018 QAI LABORATORY 0.00 4,255.00 4,255.00 AP 00388823 03/14/2018 R AND R AUTOMOTIVE 649.35 0.00 649.35 AP 00388824 03/14/2018 RANCHO CUCAMONGA QUAKES 12,400.00 0.00 12,400.00 AP 00388825 03/14/2018 RICHARDS WATSON AND GERSHON 34,858.32 3,954.80 38,813.12 *** AP 00388826 03/14/2018 RIDGELINE ROOFING 8,250.00 0.00 8,250.00 AP 00388827 03/14/2018 RIVERSIDE COUNTY GANG INVESTIGATORS' ASSN. 380.00 0.00 380.00 AP 00388828 03/14/2018 ROADRUNNER PHARMACY 318.89 0.00 318.89 AP 00388829 03/14/2018 RODRIGUEZ, FRANCISCO 500.00 0.00 500.00 AP 00388830 03/14/2018 RODRIGUEZ, MARLENA LUZ 675.00 0.00 675.00 AP 00388831 03/14/2018 ROSS, ANTOINETTE ELIZABETH 500.00 0.00 500.00 AP 00388832 03/14/2018 ROTH, BRIANNA 400.00 0.00 400.00 AP 00388833 03/14/2018 RUIZ, MELINA 116.20 0.00 116.20 AP 00388834 03/14/2018 SAFE -ENTRY TECHNICAL INC 0.00 375.00 375.00 AP 00388835 03/14/2018 SALINAS, SERGIO DAVID 500.00 0.00 500.00 AP 00388836 03/14/2018 SALONGA, CRES 28.02 0.00 28.02 AP 00388837 03/14/2018 SAMS CLUB/SYNCHRONY BANK 118.22 0.00 118.22 AP 00388838 03/14/2018 SAN BERNARDINO COUNTY FPOS 0.00 135.00 135.00 AP 00388839 03/14/2018 SAN BERNARDINO COUNTY REGISTRAR OF VOTERS 242.81 0.00 242.81 User: NDANIELS - Noah Daniels Page: 5 Current Date: 03/28/2018 Report: CK -AGENDA -REG -PORTRAIT -CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 12:59:20 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 3/14/2018 through 3/27/2018 Check No. Check Date Vendor Name City Fire Amount AP 00388840 03/14/2018 SAN BERNARDINO CTY 0.00 11,837.08 11,837.08 AP 00388841 03/14/2018 SBPEA 1,553.32 0.00 1,553.32 AP 00388842 03/14/2018 SCOTT, KATHRYN ELISE 600.00 0.00 600.00 AP 00388843 03/14/2018 SHEAKLEY PENSION ADMINISTRATION 405.70 0.00 405.70 AP 00388844 03/14/2018 SHEAKLEY PENSION ADMINISTRATION 0.00 183.65 183.65 AP 00388845 03/14/2018 SHOETERIA 355.00 0.00 355.00 AP 00388846 03/14/2018 SHRED IT USA LLC 190.95 0.00 190.95 AP 00388847 03/14/2018 SHRIKIAN, TALEEN 600.00 0.00 600.00 AP 00388848 03/14/2018 SILVER & WRIGHT LLP 3,560.70 10,028.11 13,588.81 *** AP 00388852 03/14/2018 SOUTHERN CALIFORNIA EDISON 8,807.58 0.00 8,807.58 AP 00388853 03/14/2018 SOUTHERN CALIFORNIA EDISON 418.22 0.00 418.22 AP 00388854 03/14/2018 SOUTHLAND SPORTS OFFICIALS 368.00 0.00 368.00 AP 00388855 03/14/2018 SOWLES, JULIE 65.45 0.00 65.45 AP 00388856 03/14/2018 SPINDOLA, BEDA 550.00 0.00 550.00 AP 00388857 03/14/2018 SPORTS FACILITIES ADVISORY 14,250.00 0.00 14,250.00 AP 00388858 03/14/2018 SPRINT 0.00 131.97 131.97 AP 00388859 03/14/2018 STANLEY R HOFFMAN ASSOCIATES INC 11,012.50 0.00 11,012.50 AP 00388860 03/14/2018 STORAGE CONTAINER.COM 71.50 0.00 71.50 AP 00388861 03/14/2018 SWEET DOUGH CAFE 288.00 0.00 288.00 AP 00388862 03/14/2018 TEXAS MEDICAL SCREENING LLC 445.00 0.00 445.00 AP 00388863 03/14/2018 THOMPSON, JENAE DENISE 500.00 0.00 500.00 AP 00388864 03/14/2018 THOMSON REUTERS WEST PUBLISHING CORP 347.55 0.00 347.55 AP 00388865 03/14/2018 TOILOLO, SAMAELI 10.00 0.00 10.00 AP 00388866 03/14/2018 TRIMMER, PATRICIA A 500.00 0.00 500.00 AP 00388867 03/14/2018 UNITED SCENIC ARTISTS PENSION & WELFARE FUNDS 200.00 0.00 200.00 AP 00388868 03/14/2018 UNITED SITE SERVICES OF CA INC 494.22 0.00 494.22 AP 00388869 03/14/2018 UNITED WAY 116.00 0.00 116.00 AP 00388870 03/14/2018 UNIVERSAL MARTIAL ARTS CENTERS 570.50 0.00 570.50 AP 00388871 03/14/2018 UPS 74.97 0.00 74.97 AP 00388872 03/14/2018 VAN SCOYOC ASSOCIATES INC 8,000.00 0.00 8,000.00 AP 00388873 03/14/2018 VARGAS AND RAMIREZ SPORTS 1,532.64 0.00 1,532.64 AP 00388874 03/14/2018 VASQUEZ, DARLENE 250.00 0.00 250.00 AP 00388875 03/14/2018 VERIZON 27.22 0.00 27.22 AP 00388880 03/14/2018 VERIZON WIRELESS - 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CK: Agenda Check Register Portrait Layout Time: 12:59:20 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 3/14/2018 through 3/27/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00388894 03/14/2018 YOUNG REMBRANDTS 475.20 0.00 475.20 AP 00388895 03/15/2018 AIRGAS USA LLC 418.77 266.50 685.27 *** AP 00388897 03/15/2018 BRODART BOOKS 1,606.62 0.00 1,606.62 AP 00388898 03/15/2018 CALSENSE 6,226.79 0.00 6,226.79 AP 00388899 03/15/2018 DUNN EDWARDS CORPORATION 994.77 0.00 994.77 AP 00388900 03/15/2018 FORD OF UPLAND INC 2,400.57 0.00 2,400.57 AP 00388901 03/15/2018 LN CURTIS AND SONS 0.00 254.16 254.16 AP 00388903 03/15/2018 OFFICE DEPOT 5,269.69 746.90 6,016.59 *** AP 00388904 03/15/2018 ORKIN PEST CONTROL 434.40 616.00 1,050.40 *** AP 00388907 03/15/2018 BRODART BOOKS 5,865.46 0.00 5,865.46 AP 00388908 03/20/2018 ICC ORANGE EMPIRE CHAPTER 125.00 0.00 125.00 AP 00388909 03/21/2018 A & M FIRST AID INC 308.71 0.00 308.71 AP 00388910 03/21/2018 A AND R TIRE SERVICE 421.74 0.00 421.74 AP 00388911 03/21/2018 ABOVE ALL CONSTRUCTION INC. 81.10 0.00 81.10 AP 00388912 03/21/2018 ACEY DECY EQUIPMENT INC. 96.31 0.00 96.31 AP 00388913 03/21/2018 AFLAC GROUP INSURANCE 6,484.96 0.00 6,484.96 AP 00388914 03/21/2018 ALL CITIES TOOLS 0.00 74.35 74.35 AP 00388915 03/21/2018 ALLIANT INSURANCE SERVICES INC. 214.00 0.00 214.00 AP 00388916 03/21/2018 ALLIED NETWORK SOLUTIONS INC 8,211.00 0.00 8,211.00 AP 00388917 03/21/2018 ALPHAGRAPHICS 242.14 0.00 242.14 AP 00388918 03/21/2018 ALVAREZ, VERONICA 250.00 0.00 250.00 AP 00388919 03/21/2018 AQUABIO ENVIRONMENTAL TECHNOLOGIES INC. 1,250.00 0.00 1,250.00 AP 00388920 03/21/2018 AVILA, RAUL OROZCO 85.00 0.00 85.00 AP 00388921 03/21/2018 BENDANA, JUAN 2,500.00 0.00 2,500.00 AP 00388922 03/21/2018 BENJAMIN DAVIDSON, LAW OFFICES OF 30,000.00 0.00 30,000.00 AP 00388923 03/21/2018 BRAUN BLAISING SMITH WYNNE P.C. 1,868.20 0.00 1,868.20 AP 00388924 03/21/2018 BROOKSTONE STORE #332 918.29 0.00 918.29 AP 00388925 03/21/2018 BROWN, JENNIFER 161.06 0.00 161.06 AP 00388926 03/21/2018 C V W D 272.24 0.00 272.24 AP 00388931 03/21/2018 C V W D 71,779.96 692.15 72,472.11 *** AP 00388932 03/21/2018 CALIFA GROUP 12,503.96 0.00 12,503.96 AP 00388933 03/21/2018 CAMOU, FRANK 1,410.00 0.00 1,410.00 AP 00388934 03/21/2018 CANTOR, DOUGLAS 58.20 0.00 58.20 AP 00388935 03/21/2018 CCS ORANGE COUNTY JANITORIAL INC. 55,848.52 0.00 55,848.52 AP 00388936 03/21/2018 CHARLES ABBOTT ASSOCIATES INC. 2,090.00 0.00 2,090.00 AP 00388937 03/21/2018 CINTAS CORPORATION #150 0.00 119.64 119.64 AP 00388938 03/21/2018 FOSTER CITY, CITY OF 1,950.68 0.00 1,950.68 AP 00388939 03/21/2018 CITY RENTALS 77.81 0.00 77.81 AP 00388940 03/21/2018 CMRTA 50.00 0.00 50.00 AP 00388941 03/21/2018 COMPETITION ROOFING 101.39 0.00 101.39 AP 00388942 03/21/2018 CONAN, XYLINA 51.88 0.00 51.88 AP 00388943 03/21/2018 CONGER, JAY A. 4,134.00 0.00 4,134.00 AP 00388944 03/21/2018 CONVERGEONE INC. 21,972.50 0.00 21,972.50 AP 00388945 03/21/2018 CORELOGIC SOLUTIONS LLC 250.00 0.00 250.00 AP 00388946 03/21/2018 CORODATA MEDIA STORAGE INC 1,027.08 0.00 1,027.08 AP 00388947 03/21/2018 COUNTS UNLIMITED 160.00 0.00 160.00 AP 00388948 03/21/2018 CRISTAN, JUSTINE 83.40 0.00 83.40 User: NDANIELS - Noah Daniels Page: 7 Current Date: 03/28/2018 Report: CK -AGENDA -REG -PORTRAIT -CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 12:59:20 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 3/14/2018 through 3/27/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00388949 03/21/2018 DATA ARC LLC 14,235.52 0.00 14,235.52 AP 00388950 03/21/2018 DEMCOINC 2,594.58 0.00 2,594.58 AP 00388951 03/21/2018 DUDE SOLUTIONS 16,890.00 0.00 16,890.00 AP 00388952 03/21/2018 EL TARASCO MEAT 201.14 0.00 201.14 AP 00388953 03/21/2018 EXACT STAFF 3,067.98 0.00 3,067.98 AP 00388954 03/21/2018 EXPERIAN 52.00 0.00 52.00 AP 00388955 03/21/2018 FORTIN LAW GROUP 15,492.25 0.00 15,492.25 AP 00388956 03/21/2018 FRANKLIN TRUCK PARTS 0.00 595.06 595.06 AP 00388957 03/21/2018 FULCRUM CONSTRUCTION INC 75.19 0.00 75.19 AP 00388958 03/21/2018 GAMES FOR FUN 1,826.24 0.00 1,826.24 AP 00388959 03/21/2018 GEORGE HILLS COMPANY 987.70 0.00 987.70 AP 00388960 03/21/2018 GIBSON, JEAN 83.40 0.00 83.40 AP 00388961 03/21/2018 GRAINGER 1,459.29 0.00 1,459.29 AP 00388962 03/21/2018 HEALING HOPE FOR HUMANITY 425.00 0.00 425.00 AP 00388963 03/21/2018 HERRERA, MARISSA 182.78 0.00 182.78 AP 00388964 03/21/2018 HESTER, KIMBERLY 51.00 0.00 51.00 AP 00388965 03/21/2018 HI WAY SAFETY INC 84.05 0.00 84.05 AP 00388966 03/21/2018 HOME DEPOT CREDIT SERVICES 645 958.86 0.00 958.86 AP 00388967 03/21/2018 INK SLINGER SCREEN PRINTING & EMBROIDERY 2,505.24 0.00 2,505.24 AP 00388968 03/21/2018 INLAND LIBRARY SYSTEM 600.00 0.00 600.00 AP 00388969 03/21/2018 INTELESYS ONE INC 1,306.84 0.00 1,306.84 AP 00388970 03/21/2018 INTERNATIONAL LINE BUILDERS INC 6,984.90 0.00 6,984.90 AP 00388971 03/21/2018 J D CONCRETE LLC 303.74 0.00 303.74 AP 00388972 03/21/2018 JACKSON LEWIS P C 0.00 409.50 409.50 AP 00388973 03/21/2018 JASSO, GABRIEL 125.00 0.00 125.00 AP 00388974 03/21/2018 JOHN BURR CYCLES INC 2,044.18 0.00 2,044.18 AP 00388975 03/21/2018 JOHNSON CONTROLS FIRE PROTECTION LP 184.31 0.00 184.31 AP 00388976 03/21/2018 JRC HOUSING 1,000.00 0.00 1,000.00 AP 00388977 03/21/2018 K -K WOODWORKING 150.70 0.00 150.70 AP 00388978 03/21/2018 KASER, ANN 66.89 0.00 66.89 AP 00388979 03/21/2018 LAKE ARROWHEAD ELEMENTARY ASB 450.00 0.00 450.00 AP 00388980 03/21/2018 LAWSON PRODUCTS INC 0.00 2,275.15 2,275.15 AP 00388981 03/21/2018 LIEBERT CASSIDY WHITMORE 6,107.40 0.00 6,107.40 AP 00388982 03/21/2018 LIEBERT CASSIDY WHITMORE 4,050.00 0.00 4,050.00 AP 00388983 03/21/2018 LINDORA 330.15 0.00 330.15 AP 00388984 03/21/2018 MAIN STREET EXPERIENCES 800.00 0.00 800.00 AP 00388985 03/21/2018 MARIPOSA LANDSCAPES INC 66,063.64 0.00 66,063.64 AP 00388986 03/21/2018 MARTINEZ, JESSICA 18.96 0.00 18.96 AP 00388987 03/21/2018 MCCAULLEY, BRANDON 30.59 0.00 30.59 AP 00388988 03/21/2018 MIDWEST TAPE 68.58 0.00 68.58 AP 00388989 03/21/2018 MILANI, MELODY 125.00 0.00 125.00 AP 00388990 03/21/2018 MILES CONSTRUCTION GROUP INC 154.00 0.00 154.00 AP 00388991 03/21/2018 MINUTEMAN PRESS 4,892.75 0.00 4,892.75 AP 00388992 03/21/2018 MMASC 0.00 35.00 35.00 AP 00388993 03/21/2018 MOORE, PAULA 57.43 0.00 57.43 AP 00388994 03/21/2018 MOUNTAIN VIEW SMALL ENG REPAIR 463.27 0.00 463.27 AP 00388995 03/21/2018 NAPA AUTO PARTS 0.00 301.07 301.07 User: NDANIELS - Noah Daniels Page: 8 Current Date: 03/28/2018 Report: CK -AGENDA -REG -PORTRAIT -CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 12:59:20 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 3/14/2018 through 3/27/2018 Check No. Check Date Vendor Name Cu Fire Amount AP 00388996 03/21/2018 NAVARETTE, SHARON 8.31 0.00 8.31 AP 00388997 03/21/2018 NEW IMAGE COMMERCIAL FLOORING 3,142.43 0.00 3,142.43 AP 00388998 03/21/2018 NUCI, JESSICA 36.12 0.00 36.12 AP 00388999 03/21/2018 O'CONNELL, RYAN P 350.00 0.00 350.00 AP 00389000 03/21/2018 O'REILLY AUTO PARTS 1,185.53 0.00 1,185.53 AP 00389001 03/21/2018 OCCUPATIONAL HEALTH CTRS OF CA 0.00 13,081.00 13,081.00 AP 00389002 03/21/2018 OCLC INC 55.41 0.00 55.41 AP 00389003 03/21/2018 ONTRAC 51.62 0.00 51.62 AP 00389004 03/21/2018 PACIFIC COAST ENTERTAINMENT 1,512.00 0.00 1,512.00 AP 00389005 03/21/2018 PARS 3,500.00 0.00 3,500.00 AP 00389006 03/21/2018 PEARCE SERVICES LLC 224.56 0.00 224.56 AP 00389007 03/21/2018 PEARCE, LISA 22.45 0.00 22.45 AP 00389008 03/21/2018 PEP BOYS 20.43 0.00 20.43 AP 00389009 03/21/2018 PIONEER MANUFACTURING 4,327.79 0.00 4,327.79 AP 00389010 03/21/2018 PIP PRINTING 298.08 0.00 298.08 AP 00389011 03/21/2018 PORAC 170.00 0.00 170.00 AP 00389012 03/21/2018 PSA PRINT GROUP 38.79 0.00 38.79 AP 00389013 03/21/2018 PVP COMMUNICATIONS INC 280.96 0.00 280.96 AP 00389014 03/21/2018 QUALLS, ELENA 30.02 0.00 30.02 AP 00389015 03/21/2018 RAMOS, VERONICA 43.79 0.00 43.79 AP 00389016 03/21/2018 RANCHO CUCAMONGA CHAMBER OF COMMERCE 2,599.00 0.00 2,599.00 AP 00389017 03/21/2018 RANCHO CUCAMONGA FONTANA FAMILY YMCA 10,557.64 0.00 10,557.64 AP 00389018 03/21/2018 RC PROJ1 LLC 2,991.00 0.00 2,991.00 AP 00389019 03/21/2018 READ THE BOOKS LLC 1,070.00 0.00 1,070.00 AP 00389020 03/21/2018 RENT A CENTER #05915 630.55 0.00 630.55 AP 00389021 03/21/2018 RIGEL PRODUCTS AND SERVICE 334.03 0.00 334.03 AP 00389022 03/21/2018 RMA GROUP 0.00 5,396.00 5,396.00 AP 00389023 03/21/2018 ROYAL INDUSTRIAL SOLUTIONS CITY OF INDUSTRY 141.76 0.00 141.76 AP 00389024 03/21/2018 SAFETY KLEEN SYSTEMS INC 0.00 210.11 210.11 AP 00389025 03/21/2018 SAGALA, ADRIANA 206.46 0.00 206.46 AP 00389026 03/21/2018 SAN BERNARDINO CO FIRE DEPT 56,798.06 0.00 56,798.06 AP 00389027 03/21/2018 SAN BERNARDINO CTY OFFICE OF THE ASSESSOR 840.00 0.00 840.00 AP 00389028 03/21/2018 SC FUELS 42,174.64 0.00 42,174.64 AP 00389029 03/21/2018 SCMAF - INLAND VALLEYS 1,080.00 0.00 1,080.00 AP 00389030 03/21/2018 SHERWIN WILLIAMS CO, THE 65.51 0.00 65.51 AP 00389031 03/21/2018 SHOETERIA 1,269.01 0.00 1,269.01 AP 00389032 03/21/2018 SNAP ON INDUSTRIAL 0.00 854.54 854.54 AP 00389033 03/21/2018 SO CALIF GAS COMPANY 1,024.95 0.00 1,024.95 AP 00389034 03/21/2018 SOURCE GRAPHICS 149.84 0.00 149.84 AP 00389041 03/21/2018 SOUTHERN CALIFORNIA EDISON 19,629.66 1,565.80 21,195.46 *** AP 00389042 03/21/2018 SOUTHERN CALIFORNIA EDISON 62,549.09 0.00 62,549.09 AP 00389043 03/21/2018 SOUTHERN CALIFORNIA EDISON 40,179.49 0.00 40,179.49 AP 00389044 03/21/2018 SOUTHERN CALIFORNIA EDISON 7,506.46 0.00 7,506.46 AP 00389045 03/21/2018 SOUTHLAND SPORTS OFFICIALS 2,200.00 0.00 2,200.00 AP 00389046 03/21/2018 SPECTRUM GAS PRODUCTS 0.00 75.00 75.00 AP 00389047 03/21/2018 STATE FIRE TRAINING 0.00 65.00 65.00 AP 00389048 03/21/2018 STOTZ EQUIPMENT 622.71 0.00 622.71 User: NDANIELS - Noah Daniels Page: 9 Current Date: 03/28/2018 Report: CK -AGENDA -REG -PORTRAIT -CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 12:59:20 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 3/14/2018 through 3/27/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00389049 03/21/2018 STOVER SEED COMPANY 1,777.88 0.00 1,777.88 AP 00389050 03/21/2018 THE COUNSELING TEAM INTERNATIONAL 770.00 0.00 770.00 AP 00389051 03/21/2018 TRIMMER, PATRICIA A 105.71 0.00 105.71 AP 00389052 03/21/2018 TSAI, THOMAS 666.00 0.00 666.00 AP 00389053 03/21/2018 U.S. BANK PARS ACCT #6746022500 1,378.60 0.00 1,378.60 AP 00389054 03/21/2018 U.S. BANK PARS ACCT #6746022500 18,359.11 0.00 18,359.11 AP 00389055 03/21/2018 U.S. BANK PARS ACCT #6746022500 6,605.00 0.00 6,605.00 AP 00389056 03/21/2018 UNIQUE MANAGEMENT SERVICES INC 440.24 0.00 440.24 AP 00389057 03/21/2018 UNITED PACIFIC SERVICES INC 41,920.00 0.00 41,920.00 AP 00389058 03/21/2018 UNIVERSAL MARTIAL ARTS CENTERS 35.00 0.00 35.00 AP 00389059 03/21/2018 UPLAND AUTO TRIM 150.00 0.00 150.00 AP 00389060 03/21/2018 UPS 425.04 0.00 425.04 AP 00389061 03/21/2018 UTILIQUEST 3,336.83 0.00 3,336.83 AP 00389062 03/21/2018 VANTAGE COMPANY 124.00 0.00 124.00 AP 00389063 03/21/2018 VERIZON BUSINESS SERVICES 42.53 0.00 42.53 AP 00389064 03/21/2018 VIRTUAL PROJECT MANAGER INC 500.00 0.00 500.00 AP 00389065 03/21/2018 VISTA BUSINESS SERVICE 141.30 0.00 141.30 AP 00389066 03/21/2018 VIVERAE INC 10.95 0.00 10.95 AP 00389067 03/21/2018 VOHNE LICHE KENNELS INC 125.00 0.00 125.00 AP 00389068 03/21/2018 WALTERS WHOLESALE ELECTRIC CO 5,034.64 0.00 5,034.64 AP 00389069 03/21/2018 WAXIE SANITARY SUPPLY 3,797.51 0.00 3,797.51 AP 00389070 03/21/2018 WEST END MATERIAL SUPPLY 208.33 0.00 208.33 AP 00389071 03/21/2018 WESTLAND GROUP INC 0.00 14,250.00 14,250.00 AP 00389072 03/21/2018 WHITE HOUSE PHOTO INC 787.50 0.00 787.50 AP 00389073 03/21/2018 WINZER CORPORATION 323.95 430.26 754.21 *** AP 00389074 03/22/2018 ABC LOCKSMITHS 101.28 0.00 101.28 AP 00389075 03/22/2018 CITRUS MOTORS ONTARIO INC 0.00 1,875.78 1,875.78 AP 00389076 03/22/2018 EMCOR SERVICE 10,882.23 0.00 10,882.23 AP 00389077 03/22/2018 FASTENAL COMPANY 34.85 0.00 34.85 AP 00389078 03/22/2018 FORD OF UPLAND INC 213.22 0.00 213.22 AP 00389079 03/22/2018 INLAND VALLEY DAILY BULLETIN 3,361.16 0.00 3,361.16 AP 00389080 03/22/2018 INTERSTATE BATTERIES 938.35 0.00 938.35 AP 00389081 03/22/2018 KME FIRE APPARATUS 0.00 4,552.58 4,552.58 AP 00389082 03/22/2018 LIMS AUTO INC 127.76 0.00 127.76 AP 00389083 03/22/2018 OFFICE DEPOT 2,931.31 0.00 2,931.31 AP 00389084 03/22/2018 ORKIN PEST CONTROL 1,057.72 0.00 1,057.72 AP 00389085 03/22/2018 OVERDRIVE INC 623.98 0.00 623.98 AP 00389086 03/22/2018 SUNRISE FORD 380.50 0.00 380.50 AP 00389087 03/26/2018 CALIFORNIA BOARD OF EQUALIZATION, STATE OF 1,700.14 600.16 2,300.30 *** AP 00389088 03/27/2018 CURATALO, JAMES 0.00 1,618.70 1,618.70 AP 00389089 03/27/2018 KIRKPATRICK, WILLIAM 0.00 1,461.55 1,461.55 AP 00389090 03/27/2018 LONCAR, PHILIP 0.00 1,152.40 1,152.40 AP 00389091 03/27/2018 TOWNSEND, JAMES 0.00 1,618.70 1,618.70 AP 00389092 03/27/2018 WALKER, KENNETH 0.00 249.30 249.30 User: NDANIELS - Noah Daniels Page: 10 Current Date: 03/28/2018 Report: CK -AGENDA -REG -PORTRAIT -CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 12:59:20 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 3/14/2018 through 3/27/2018 Check No. Check Date Vendor Name Citv Fire Amount Total City: $5,221,945.27 Total Fire: $393,985.21 Grand Total:$5,615,93T.48 Note: *** Check Number includes both City and Fire District expenditures User: NDANIELS - Noah Daniels Page: 11 Current Date: 03/28/2018 Report: CK -AGENDA -REG -PORTRAIT -CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 12:59:20 DATE: April 4, 2018 TO: President and Members of the Board of Directors FROM: John R. Gillison, City Manager INITIATED BY: Ivan Rojer, Fire Chief Mike McCliman, Deputy Fire Chief Pamela J. Nibert, Management Analyst I I I SUBJECT: CONSIDERATION TO APPROVE AMENDMENT NO. 02 TO HMC ARCHITECTS CONTRACT NO. FD 17-003 IN THE AMOUNT OF $20,000 FOR ADDITIONAL ARCHITECTURAL DESIGN SERVICES FOR THE CONCEPTUAL PLANS FOR THE REDESIGN OF THE SHERIFF SUBSTATION AT VICTORIA GARDENS. RECOMMENDATION: Staff recommends the Fire Board approve Amendment No. 02 to HMC Architects Contract No. FD 17- 003 in the amount of $20,000 for additional Architectural Design Services for the conceptual plans for the redesign of the Sheriff Substation at Victoria Gardens. BACKGROUND: The Victoria Gardens Sherriff sub -station was placed into service in October of 2004. Originally designed with Victoria Gardens, the sub -station footprint was based upon the needs of the center at that time and the anticipated staffing requirements. The sub -station has been utilized continuously for the last 10 years and today is a key component in the law enforcement infrastructure for Rancho Cucamonga. ANALYSIS: Over the past thirteen years, Victoria Gardens has grown and expanded along with all of the commercial businesses along the Foothill corridor. Originally intended just to staff Victoria Gardens, the current sub- station now serves the entire commercial corridor. Sheriff staffing needs have grown accordingly and now include more than 14 sworn deputies and additional support personnel. Future projections as Victoria Gardens continues to grow will see an increase in those staffing levels. As such, the design of the current sub -station will not meet the future needs of the projected staffing levels and actual use. City staff is currently working with Victoria Gardens on additional parking for the site and the discussion and planning includes the expansion of the of the sub -station. In the interest of specifically identifying a future facility, including size and location, it has become necessary to retain the services of an architect. Already under contract for the west end public safety facility, HMC has the ability to quickly and efficiently generate a conceptual plan that can be used for planning purposes. Utilizing the existing HMC Architects contract for the Public Safety Facility is the most fiscally responsible method to complete these conceptual plans. FISCAL IMPACT: Funding is available in the FY 17/18 Budget in General Overhead/Contract Services Account No. 1001001-5300. COUNCIL GOAL(S) ADDRESSED: PUBLIC SAFETY The City Council/Fire Board have always committed to providing a high level of Police protection to the residents, businesses and visitors of Rancho Cucamonga. This is achieved through forward thinking and supporting strong staffing levels for the Sheriff's Department. The conceptual plans for the redesign fall in- line with that philosophy by reconfiguring the current space to prepare for future needs. ATTACHMENTS: Description Attachment 1 -Amendment No. 02 Attachment 2 - H M C Proposal ATTACHMENT 1 AMENDMENT NO. 02 to Professional Services Agreement (CO #FD17-003) between HMC Architects (hereinafter "Consultant") and City of Rancho Cucamonga (hereinafter "City") and the Rancho Cucamonga Fire Protection District (hereinafter the "RCFPD") This Amendment No. 02 will serve to amend the Professional Services Agreement (hereinafter "Agreement"), CO# FD 17-003 to incorporate the following: Increase CO #FD17-003 for additional Architectural Design Services to the original Agreement for the Fire District San Bernardino Road Fire Station (172) Replacement Project (now the Public Safety Facility, including the Station relocation), in accordance with Consultant's Proposal for Conceptual Plans for the Remodel of the Existing Sheriff Substation at Victoria Gardens, dated March 9, 2018, attached hereto. All other Terms and Conditions of the original Agreement CO# FD 17-003, will remain in frill effect. IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Amendment by way of signature by both parties and on the date indicated below. Please return two (2) original signed copies to the City and District no later than March 21, 2018. The City and RCFPD will process both copies for signature and provide Consultant with one (1) fully executed copy of the Amendment. HMC Archi ec By: 3 14�Ifb Name Date Sen'io r Vice Prai datt- Title Title (two signatures required if corporation) City of Rancho Cucamonga By: Name Date Title Rancho Cucamonga Fire Protection District By: Name Title Date Last Revised.- 09/28/2012 Page I of 1 ATTACHMENT 2 HMCGroup Amendment No. Date: March 9, 2018 Project Name: City of Rancho Cucamonga Plan Requirements for Remodel to the Existing Sheriff Substation at Victoria Gardens HMC #2369003-100 AMENDMENT NO. 2 TO OWNER/ARCHITECT AGREEMENT That certain Owner/Architect Agreement (Agreement) dated April 5, 2017, by and between City of Rancho Cucamonga, a Municipal Corporation ("City") the Rancho Cucamonga Fire Protection District ("RCFPD") and HMC GROUP (Architect), with respect to providing Architectural Services is hereby amended, modified, and revised as follows: Scope of Work: HMC Group will help the City develop plan requirements for a remodel to the existing Sheriff's substation at Victoria Gardens. HMC Group will work with the City Manager and the San Bernardino County Sheriff's to develop an approved: • Program • Site plan on the proposed site • Floor plan • Preliminary massing and elevations These documents will be used by the City to discuss needs for what Victoria Gardens will provide for the city. These plans need to show preliminary locations for utilities where they will need to enter the building. Compensation: HMC Group will provide the services outlined in the Scope of Work on an hourly basis not -to -exceed Twenty Thousand Dollars ($20,000), without prior written approval per Attachment "A" HMC's Rate Schedule. Fee Summary: Original Contract $ 622,600 Reimbursable Expenses $ 3,500 Amendment No. 1 (Task 1) $ 99,500 Amendment No. 1 (Task 2) $ 648,062 Amendment No. 2 $ 20,900 Total Revised Fee $ 1,393,662 Reimbursable Expenses: Reimbursable expenses are in addition to compensation for Basic and Owner approved Additional Services, including printing, plotting (including 3D plotting), delivery, electronic submittal and other expenses related to Agency review, Bidding, Construction or other Owner requested costs. Expense of transportation (including mileage) in connection with the Project; Expenses in connection with authorized out-of-town travel, including travel time; and fees paid for securing approval of authorities having jurisdiction over the Project. The Architect's compensation shall be computed based on (1.10) times the amounts invoiced to the Architect. 3546 Concours Street / Ontario, CA 91764 / T 909 989 9979 / F 909 483 1403 / www.hmcarchitects.com Please review this Amendment and if it meets with your approval, please sign and return one (1) original to my attention. If you have any questions please contact me at 909-989-9979 ext. 2309. HMC GROUP 3546 Concours Street Ontario, CA 91764 a Chris Taylor, AIA DBIA, LEED AP (Date) Principal cc: S. Jimenez, File -CN -AOA Amend No. 2 New Sheriff Station -1 80228.doc-2 City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Mike McCliman (Date) Deputy Fire Chief of Admin and Support 3546 Concours Street / Ontario. CA 91764 / T 909 989 9979 / F 909 483 1403 / www.hmcarchitects.com DATE: April 4, 2018 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Tamara Layne, Finance Director SUBJECT: CONSIDERATION TO APPROVE CHECK REGISTER DATED MARCH 14, 2018 THROUGH MARCH 27, 2018 FOR THE TOTAL OF $5,221,945.27. RECOMMENDATION: Staff recommends City Council approve payment of demands as presented. BACKGROUND: N/A ANALYSIS: N/A FISCAL IMPACT: Adequate budgeted funds are available for the payment of demands per the attached listing. COUNCIL GOAL(S) ADDRESSED: N/A ATTACHMENTS: Description Attachment 1 - Check Register CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 3/14/2018 through 3/27/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00007799 03/14/2018 ALL CITY MANAGEMENT SERVICES INC. 15,384.57 0.00 15,384.57 AP 00007800 03/14/2018 CALIF GOVERNMENT VEBA/RANCHO CUCAMONGA 13,395.00 0.00 13,395.00 AP 00007801 03/14/2018 RCCEA 1,914.50 0.00 1,914.50 AP 00007802 03/14/2018 RCPFA 11,876.95 0.00 11,876.95 AP 00007803 03/14/2018 RIVERSIDE, CITY OF 6,909.00 0.00 6,909.00 AP 00007804 03/14/2018 SAN BERNARDINO CTY SHERIFFS DEPT 2,927,876.00 0.00 2,927,876.00 AP 00007805 03/14/2018 SHELL ENERGY NORTH AMERICA 188,875.00 0.00 188,875.00 AP 00007806 03/14/2018 TANKO LIGHTING 201,688.59 0.00 201,688.59 AP 00007807 03/14/2018 US DEPARTMENT OF ENERGY 9,332.96 0.00 9,332.96 AP 00007808 03/21/2018 CHAFFEY JOINT UNION HS DISTRICT 84.48 0.00 84.48 AP 00007809 03/21/2018 COLLEGEPRINTS LLC 1,858.42 0.00 1,858.42 AP 00007810 03/21/2018 NORMAN A TRAUB ASSOCIATES 2,042.30 0.00 2,042.30 AP 00007811 03/21/2018 RE ASTORIA 2 LLC 79,640.32 0.00 79,640.32 AP 00007812 03/21/2018 SARGENT TOWN PLANNING INC 121,661.52 0.00 121,661.52 AP 00007813 03/27/2018 AHUMADA, ALEXANDER R 0.00 631.60 631.60 AP 00007814 03/27/2018 ALMAND, LLOYD 0.00 631.60 631.60 AP 00007815 03/27/2018 BANTAU, VICTORIA 0.00 499.68 499.68 AP 00007816 03/27/2018 BAZAL, SUSAN 0.00 585.98 585.98 AP 00007817 03/27/2018 BELL, MICHAEL L. 0.00 1,214.46 1,214.46 AP 00007818 03/27/2018 BERRY, DAVID 0.00 1,152.40 1,152.40 AP 00007819 03/27/2018 BROCK, ROBIN 0.00 923.03 923.03 AP 00007820 03/27/2018 CAMPBELL, GERALD 0.00 826.04 826.04 AP 00007821 03/27/2018 CAMPBELL, STEVEN 0.00 1,327.27 1,327.27 AP 00007822 03/27/2018 CARNES, KENNETH 0.00 499.68 499.68 AP 00007823 03/27/2018 CLABBY, RICHARD 0.00 1,152.40 1,152.40 AP 00007824 03/27/2018 CLOUGHESY, DONALD R 0.00 1,618.70 1,618.70 AP 00007825 03/27/2018 CORCORAN, ROBERT 0.00 540.73 540.73 AP 00007826 03/27/2018 COSTELLO, DENNIS M 0.00 1,618.70 1,618.70 AP 00007827 03/27/2018 COX, KARL 0.00 631.60 631.60 AP 00007828 03/27/2018 CRANE, RALPH 0.00 968.28 968.28 AP 00007829 03/27/2018 CROSSLAND, WILBUR 0.00 499.68 499.68 AP 00007830 03/27/2018 DAGUE, JAMES 0.00 1,214.46 1,214.46 AP 00007831 03/27/2018 DE ANTONIO, SUSAN 0.00 540.73 540.73 AP 00007832 03/27/2018 DEANS, JACKIE 0.00 585.98 585.98 AP 00007833 03/27/2018 DOMINICK, SAMUEL A. 0.00 923.03 923.03 AP 00007834 03/27/2018 EAGLESON, MICHAEL 0.00 1,214.46 1,214.46 AP 00007835 03/27/2018 EGGERS, BOB 0.00 1,618.70 1,618.70 AP 00007836 03/27/2018 FRITCHEY, JOHN D. 0.00 499.68 499.68 AP 00007837 03/27/2018 HEYDE, DONALD 0.00 631.60 631.60 AP 00007838 03/27/2018 INTERLICCHIA, ROSALYN 0.00 249.30 249.30 AP 00007839 03/27/2018 KILMER, STEPHEN 0.00 1,538.02 1,538.02 AP 00007840 03/27/2018 LANE, WILLIAM 0.00 1,214.46 1,214.46 AP 00007841 03/27/2018 LARKIN, DAVID W 0.00 1,538.02 1,538.02 AP 00007842 03/27/2018 LEE, ALLAN J. 0.00 1,264.92 1,264.92 AP 00007843 03/27/2018 LENZE, PAUL E 0.00 1,093.58 1,093.58 AP 00007844 03/27/2018 LONGO, JOE 0.00 183.34 183.34 AP 00007845 03/27/2018 LUTTRULL, DARRELL 0.00 499.68 499.68 User: NDANIELS - Noah Daniels Page: 1 Current Date: 03/28/2018 Report: CK -AGENDA -REG -PORTRAIT -CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 12:59:20 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 3/14/2018 through 3/27/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00007846 03/27/2018 MACKALL, BEVERLY 0.00 509.70 509.70 AP 00007847 03/27/2018 MAYFIELD, RON 0.00 1,304.96 1,304.96 AP 00007848 03/27/2018 MCKEE, JOHN 0.00 631.60 631.60 AP 00007849 03/27/2018 MCNEIL, KENNETH 0.00 631.60 631.60 AP 00007850 03/27/2018 MICHAEL, L. 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Noah Daniels Page: 2 Current Date: 03/28/2018 Report: CK -AGENDA -REG -PORTRAIT -CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 12:59:20 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 3/14/2018 through 3/27/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00388696 03/14/2018 BRIGHTVIEW LANDSCAPE SERVICES INC. 671.65 0.00 671.65 AP 00388697 03/14/2018 BUTSKO UTILITY DESIGN INC. 10,598.47 0.00 10,598.47 AP 00388699 03/14/2018 C V W D 38,701.18 954.43 39,655.61 *** AP 00388700 03/14/2018 CAGLES APPLIANCE 0.00 40.41 40.41 AP 00388701 03/14/2018 CAL PERS LONG TERM CARE 254.14 0.00 254.14 AP 00388702 03/14/2018 CALIFORNIA SHOPPING CART RETRIEVAL CORP 70.00 0.00 70.00 AP 00388703 03/14/2018 CALIFORNIA, STATE OF 8.44 0.00 8.44 AP 00388704 03/14/2018 CALIFORNIA, STATE OF 100.00 0.00 100.00 AP 00388705 03/14/2018 CARQUEST AUTO PARTS 0.00 95.98 95.98 AP 00388706 03/14/2018 CARTY, DIANE 330.00 0.00 330.00 AP 00388707 03/14/2018 CASTILLO, FRANCISCO 720.00 0.00 720.00 AP 00388708 03/14/2018 CHAMPION AWARDS AND SPECIALTIES 38.79 0.00 38.79 AP 00388709 03/14/2018 CHARIOT SPRING COMPANY 0.00 458.63 458.63 AP 00388710 03/14/2018 CHINO MOWER AND ENGINE SERVICE 0.00 386.52 386.52 AP 00388711 03/14/2018 CINTAS CORPORATION #150 0.00 310.96 310.96 AP 00388712 03/14/2018 CITY LIGHT & POWER INC 54.00 0.00 54.00 AP 00388713 03/14/2018 CLARK, KAREN 729.00 0.00 729.00 AP 00388714 03/14/2018 CLAYTON, JANICE 141.31 0.00 141.31 AP 00388715 03/14/2018 COMBINED MARTIAL SCIENCE INC 3,628.80 0.00 3,628.80 AP 00388716 03/14/2018 CONSUMERS PIPE-FONTANA 0.00 125.88 125.88 AP 00388717 03/14/2018 CONVERSE CONSULTANTS 4,677.00 0.00 4,677.00 AP 00388718 03/14/2018 COX, JACKELINE L. 650.00 0.00 650.00 AP 00388719 03/14/2018 CREATIVE BRAIN LEARNING 1,323.00 0.00 1,323.00 AP 00388720 03/14/2018 CRIME SCENE STERI-CLEAN LLC 270.00 0.00 270.00 AP 00388721 03/14/2018 CRRA 200.00 0.00 200.00 AP 00388722 03/14/2018 CRRA 200.00 0.00 200.00 AP 00388723 03/14/2018 DANCE TERRIFIC 1,982.40 0.00 1,982.40 AP 00388724 03/14/2018 DANIELS, NOAH 120.00 0.00 120.00 AP 00388725 03/14/2018 DELTA DENTAL 42,404.70 0.00 42,404.70 AP 00388726 03/14/2018 DEPARTMENT OF JUSTICE 2,253.00 0.00 2,253.00 AP 00388727 03/14/2018 DERRINGER, TODD 45.69 0.00 45.69 AP 00388728 03/14/2018 DIAMOND ENVIRONMENTAL SERVICES 305.99 0.00 305.99 AP 00388729 03/14/2018 DLIMAGING 66.30 0.00 66.30 AP 00388730 03/14/2018 DOMINGUEZ, DESTINIE 324.00 0.00 324.00 AP 00388731 03/14/2018 DUGMORE & DUNCAN INC. 705.01 0.00 705.01 AP 00388732 03/14/2018 DUMBELL MAN FITNESS EQUIPMENT, THE 893.05 300.00 1,193.05 *** AP 00388733 03/14/2018 DUNN, ANN MARIE 151.20 0.00 151.20 AP 00388734 03/14/2018 ECONOLITE CONTROL PRODUCTS INC 115,859.04 0.00 115,859.04 AP 00388735 03/14/2018 EMBROIDME 3,069.49 0.00 3,069.49 AP 00388736 03/14/2018 EMPLOYMENT DEVELOPMENT DEPT. 60.00 0.00 60.00 AP 00388737 03/14/2018 ERICKSON HALL CONSTRUCTION 0.00 84,545.83 84,545.83 AP 00388738 03/14/2018 ESTEVES, DENISE 500.00 0.00 500.00 AP 00388739 03/14/2018 ETIWANDA SCHOOL DISTRICT 1,027.00 0.00 1,027.00 AP 00388740 03/14/2018 EXECUTIVE AUTO DETAIL 745.00 0.00 745.00 AP 00388741 03/14/2018 EXPERIAN 52.00 0.00 52.00 AP 00388742 03/14/2018 FACTORY MOTOR PARTS 0.00 1,043.39 1,043.39 AP 00388743 03/14/2018 FARRAR-PULS, JAYSON 600.00 0.00 600.00 User: NDANIELS - Noah Daniels Page: 3 Current Date: 03/28/2018 Report: CK -AGENDA -REG -PORTRAIT -CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 12:59:20 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 3/14/2018 through 3/27/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00388744 03/14/2018 FEDERAL SIGNAL CORPORATION 0.00 527.65 527.65 AP 00388745 03/14/2018 FRANCIS, KASSY ELIZABETH 575.00 0.00 575.00 AP 00388746 03/14/2018 FRONTIER COMM 992.32 318.20 1,310.52 *** AP 00388747 03/14/2018 FUEL SERV 0.00 1,281.50 1,281.50 AP 00388748 03/14/2018 G AND M BUSINESS INTERIORS 132.07 129,876.62 130,008.69 *** AP 00388749 03/14/2018 GALE, BRIAN 833.00 0.00 833.00 AP 00388750 03/14/2018 GARCIA, VIVIAN 149.48 0.00 149.48 AP 00388751 03/14/2018 GATEWAY PET CEMETERY AND CREMATORY 810.00 0.00 810.00 AP 00388752 03/14/2018 GEOGRAPHICS 545.33 0.00 545.33 AP 00388753 03/14/2018 GIORDANO, MARIANNA 126.00 0.00 126.00 AP 00388754 03/14/2018 GONZALEZ, MICHAEL 525.00 0.00 525.00 AP 00388755 03/14/2018 GOODYEAR TIRE AND RUBBER CO. 252.68 541.70 794.38 *** AP 00388756 03/14/2018 GRADY, MERRILL 260.89 0.00 260.89 AP 00388757 03/14/2018 GRAINGER 425.43 1,224.97 1,650.40 *** AP 00388758 03/14/2018 GRANT, ANNEKE 157.31 0.00 157.31 AP 00388759 03/14/2018 HAMILTON, CHARLES 28.83 0.00 28.83 AP 00388760 03/14/2018 HENRY SCHEIN ANIMAL HEALTH SUPPLY 107.82 0.00 107.82 AP 00388761 03/14/2018 HERRERA, MARISSA 30.66 0.00 30.66 AP 00388762 03/14/2018 HILLS PET NUTRITION SALES INC 365.91 0.00 365.91 AP 00388763 03/14/2018 HOLLOWAY, JACK 0.00 80.00 80.00 AP 00388764 03/14/2018 HOSE MAN INC 0.00 121.56 121.56 AP 00388765 03/14/2018 HOWARD, COLE 515.00 0.00 515.00 AP 00388766 03/14/2018 HUANG, LITO 110.31 0.00 110.31 AP 00388767 03/14/2018 HUMANE SOCIETY OF SAN BERNARDINO VALLEY INC. 200.00 0.00 200.00 AP 00388768 03/14/2018 HUSQVARNA CONSTRUCTION PRODUCTS 690.01 0.00 690.01 AP 00388769 03/14/2018 IATSE NATIONAL HEALTH & WELFARE FUNDS 300.00 0.00 300.00 AP 00388770 03/14/2018 IDEXX DISTRIBUTION INC 2,883.58 0.00 2,883.58 AP 00388771 03/14/2018 IMPRESSIONS GOURMET CATERING 3,394.13 0.00 3,394.13 AP 00388772 03/14/2018 INDERWIESCHE, MATT 2,025.00 0.00 2,025.00 AP 00388773 03/14/2018 INLAND VALLEY DANCE ACADEMY 2,834.40 0.00 2,834.40 AP 00388774 03/14/2018 INTERACTIVE DATA PRICING AND REFERENCE DATA 267.70 0.00 267.70 AP 00388775 03/14/2018 INTERNATIONAL LINE BUILDERS INC 2,001.79 0.00 2,001.79 AP 00388776 03/14/2018 JOHN L GOLDEN ELEMENTARY PTA 500.00 0.00 500.00 AP 00388777 03/14/2018 JOHNNY ALLEN TENNIS ACADEMY 3,322.20 0.00 3,322.20 AP 00388778 03/14/2018 KEITH, JORRY 270.00 0.00 270.00 AP 00388779 03/14/2018 KELLEY, KENNETH 0.00 1,041.00 1,041.00 AP 00388780 03/14/2018 LEVEL 3 COMMUNICATIONS LLC 5,291.57 0.00 5,291.57 AP 00388781 03/14/2018 LINGER, MARION 126.00 0.00 126.00 AP 00388782 03/14/2018 LIVE OAK DOG OBEDIENCE 312.00 0.00 312.00 AP 00388783 03/14/2018 LOCAL GOVERNMENT COMMISSION 1,181.82 0.00 1,181.82 AP 00388784 03/14/2018 LOS ANGELES MUSICIANS COLLECTIVE 14,665.01 0.00 14,665.01 AP 00388787 03/14/2018 LOWES COMPANIES INC. 7,356.43 4,369.14 11,725.57 *** AP 00388788 03/14/2018 LUCKY FEET SHOES INC 360.80 0.00 360.80 AP 00388789 03/14/2018 MARCOS, CHRISTOPHER 650.00 0.00 650.00 AP 00388790 03/14/2018 MARSHALL, SYLVIA 1,249.20 0.00 1,249.20 AP 00388791 03/14/2018 MATLOCK DESIGN BUILD INC 5,702.50 0.00 5,702.50 AP 00388792 03/14/2018 MAXWELL, ANTHONY 9.00 0.00 9.00 User: NDANIELS - Noah Daniels Page: 4 Current Date: 03/28/2018 Report: CK -AGENDA -REG -PORTRAIT -CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 12:59:20 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 3/14/2018 through 3/27/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00388793 03/14/2018 MC AVOY & MARKHAM 476.66 0.00 476.66 AP 00388794 03/14/2018 MEDIWASTE DISPOSAL 105.00 0.00 105.00 AP 00388795 03/14/2018 MENDOZA, ARTHUR J 1,000.00 0.00 1,000.00 AP 00388796 03/14/2018 MIJAC ALARM COMPANY 102.00 146.00 248.00 *** AP 00388797 03/14/2018 MINUTEMAN PRESS 212.27 0.00 212.27 AP 00388798 03/14/2018 MONTOYA, RITA 60.00 0.00 60.00 AP 00388799 03/14/2018 MORRIS, RICHARD 120.00 0.00 120.00 AP 00388800 03/14/2018 MORRISON SPORTS LLC 5,449.60 0.00 5,449.60 AP 00388801 03/14/2018 MURRAY & ASSOCIATES, BOB 8,000.00 0.00 8,000.00 AP 00388802 03/14/2018 MUSIC THEATRE INTERNATIONAL 75.00 0.00 75.00 AP 00388803 03/14/2018 NAPA AUTO PARTS 0.00 1,284.10 1,284.10 AP 00388804 03/14/2018 NAVARRO, ANYSSA 675.00 0.00 675.00 AP 00388805 03/14/2018 O'CONNELL, RYAN P 1,125.00 0.00 1,125.00 AP 00388806 03/14/2018 OC TANNER RECOGNITION COMPANY 484.06 0.00 484.06 AP 00388807 03/14/2018 OCCUPATIONAL HEALTH CTRS OF CA 4,888.02 13,708.00 18,596.02 *** AP 00388808 03/14/2018 OMNITRANS 1,489.60 0.00 1,489.60 AP 00388809 03/14/2018 ONTARIO SPAY AND NEUTER INC 450.00 0.00 450.00 AP 00388810 03/14/2018 ORCHARD PLAZA 12,500.00 0.00 12,500.00 AP 00388811 03/14/2018 PACIFIC PARKING SYSTEMS INC 800.00 0.00 800.00 AP 00388812 03/14/2018 PACIFIC YOUTH SPORTS 1,632.00 0.00 1,632.00 AP 00388813 03/14/2018 PEP BOYS 11.74 0.00 11.74 AP 00388814 03/14/2018 PERDIDO, KEVIN TRINIO 500.00 0.00 500.00 AP 00388815 03/14/2018 PEREZ, ELIZABETH 500.00 0.00 500.00 AP 00388816 03/14/2018 PERSONAL STRENGTHS PUBLISHING INC 3,850.73 0.00 3,850.73 AP 00388817 03/14/2018 POLLOCK, LARRY 0.00 20.00 20.00 AP 00388818 03/14/2018 POWELL, NICOLE 575.00 0.00 575.00 AP 00388819 03/14/2018 PRE -PAID LEGAL SERVICES INC 78.38 0.00 78.38 AP 00388820 03/14/2018 PRECISION GYMNASTICS 2,612.40 0.00 2,612.40 AP 00388821 03/14/2018 PSA PRINT GROUP 788.53 0.00 788.53 AP 00388822 03/14/2018 QAI LABORATORY 0.00 4,255.00 4,255.00 AP 00388823 03/14/2018 R AND R AUTOMOTIVE 649.35 0.00 649.35 AP 00388824 03/14/2018 RANCHO CUCAMONGA QUAKES 12,400.00 0.00 12,400.00 AP 00388825 03/14/2018 RICHARDS WATSON AND GERSHON 34,858.32 3,954.80 38,813.12 *** AP 00388826 03/14/2018 RIDGELINE ROOFING 8,250.00 0.00 8,250.00 AP 00388827 03/14/2018 RIVERSIDE COUNTY GANG INVESTIGATORS' ASSN. 380.00 0.00 380.00 AP 00388828 03/14/2018 ROADRUNNER PHARMACY 318.89 0.00 318.89 AP 00388829 03/14/2018 RODRIGUEZ, FRANCISCO 500.00 0.00 500.00 AP 00388830 03/14/2018 RODRIGUEZ, MARLENA LUZ 675.00 0.00 675.00 AP 00388831 03/14/2018 ROSS, ANTOINETTE ELIZABETH 500.00 0.00 500.00 AP 00388832 03/14/2018 ROTH, BRIANNA 400.00 0.00 400.00 AP 00388833 03/14/2018 RUIZ, MELINA 116.20 0.00 116.20 AP 00388834 03/14/2018 SAFE -ENTRY TECHNICAL INC 0.00 375.00 375.00 AP 00388835 03/14/2018 SALINAS, SERGIO DAVID 500.00 0.00 500.00 AP 00388836 03/14/2018 SALONGA, CRES 28.02 0.00 28.02 AP 00388837 03/14/2018 SAMS CLUB/SYNCHRONY BANK 118.22 0.00 118.22 AP 00388838 03/14/2018 SAN BERNARDINO COUNTY FPOS 0.00 135.00 135.00 AP 00388839 03/14/2018 SAN BERNARDINO COUNTY REGISTRAR OF VOTERS 242.81 0.00 242.81 User: NDANIELS - Noah Daniels Page: 5 Current Date: 03/28/2018 Report: CK -AGENDA -REG -PORTRAIT -CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 12:59:20 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 3/14/2018 through 3/27/2018 Check No. Check Date Vendor Name City Fire Amount AP 00388840 03/14/2018 SAN BERNARDINO CTY 0.00 11,837.08 11,837.08 AP 00388841 03/14/2018 SBPEA 1,553.32 0.00 1,553.32 AP 00388842 03/14/2018 SCOTT, KATHRYN ELISE 600.00 0.00 600.00 AP 00388843 03/14/2018 SHEAKLEY PENSION ADMINISTRATION 405.70 0.00 405.70 AP 00388844 03/14/2018 SHEAKLEY PENSION ADMINISTRATION 0.00 183.65 183.65 AP 00388845 03/14/2018 SHOETERIA 355.00 0.00 355.00 AP 00388846 03/14/2018 SHRED IT USA LLC 190.95 0.00 190.95 AP 00388847 03/14/2018 SHRIKIAN, TALEEN 600.00 0.00 600.00 AP 00388848 03/14/2018 SILVER & WRIGHT LLP 3,560.70 10,028.11 13,588.81 *** AP 00388852 03/14/2018 SOUTHERN CALIFORNIA EDISON 8,807.58 0.00 8,807.58 AP 00388853 03/14/2018 SOUTHERN CALIFORNIA EDISON 418.22 0.00 418.22 AP 00388854 03/14/2018 SOUTHLAND SPORTS OFFICIALS 368.00 0.00 368.00 AP 00388855 03/14/2018 SOWLES, JULIE 65.45 0.00 65.45 AP 00388856 03/14/2018 SPINDOLA, BEDA 550.00 0.00 550.00 AP 00388857 03/14/2018 SPORTS FACILITIES ADVISORY 14,250.00 0.00 14,250.00 AP 00388858 03/14/2018 SPRINT 0.00 131.97 131.97 AP 00388859 03/14/2018 STANLEY R HOFFMAN ASSOCIATES INC 11,012.50 0.00 11,012.50 AP 00388860 03/14/2018 STORAGE CONTAINER.COM 71.50 0.00 71.50 AP 00388861 03/14/2018 SWEET DOUGH CAFE 288.00 0.00 288.00 AP 00388862 03/14/2018 TEXAS MEDICAL SCREENING LLC 445.00 0.00 445.00 AP 00388863 03/14/2018 THOMPSON, JENAE DENISE 500.00 0.00 500.00 AP 00388864 03/14/2018 THOMSON REUTERS WEST PUBLISHING CORP 347.55 0.00 347.55 AP 00388865 03/14/2018 TOILOLO, SAMAELI 10.00 0.00 10.00 AP 00388866 03/14/2018 TRIMMER, PATRICIA A 500.00 0.00 500.00 AP 00388867 03/14/2018 UNITED SCENIC ARTISTS PENSION & WELFARE FUNDS 200.00 0.00 200.00 AP 00388868 03/14/2018 UNITED SITE SERVICES OF CA INC 494.22 0.00 494.22 AP 00388869 03/14/2018 UNITED WAY 116.00 0.00 116.00 AP 00388870 03/14/2018 UNIVERSAL MARTIAL ARTS CENTERS 570.50 0.00 570.50 AP 00388871 03/14/2018 UPS 74.97 0.00 74.97 AP 00388872 03/14/2018 VAN SCOYOC ASSOCIATES INC 8,000.00 0.00 8,000.00 AP 00388873 03/14/2018 VARGAS AND RAMIREZ SPORTS 1,532.64 0.00 1,532.64 AP 00388874 03/14/2018 VASQUEZ, DARLENE 250.00 0.00 250.00 AP 00388875 03/14/2018 VERIZON 27.22 0.00 27.22 AP 00388880 03/14/2018 VERIZON WIRELESS - LA 6,848.39 0.00 6,848.39 AP 00388881 03/14/2018 VERIZON WIRELESS - LA 5,398.04 0.00 5,398.04 AP 00388882 03/14/2018 VICTOR MEDICAL COMPANY 5,247.52 0.00 5,247.52 AP 00388883 03/14/2018 VISION SERVICE PLAN CA 11,357.09 0.00 11,357.09 AP 00388884 03/14/2018 VORTEX INDUSTRIES INC 294.64 3,960.35 4,254.99 *** AP 00388885 03/14/2018 WALTERS WHOLESALE ELECTRIC CO 1,624.30 1,531.55 3,155.85 *** AP 00388886 03/14/2018 WASTE MANAGEMENT OF INLAND EMPIRE 0.00 370.83 370.83 AP 00388887 03/14/2018 WATSON, LAURA 26.98 0.00 26.98 AP 00388888 03/14/2018 WAXIE SANITARY SUPPLY 7,426.33 0.00 7,426.33 AP 00388889 03/14/2018 WEST END MATERIAL SUPPLY 390.44 0.00 390.44 AP 00388890 03/14/2018 WESTERN UNIVERSITY OF HEALTH SCIENCE 270.00 0.00 270.00 AP 00388891 03/14/2018 WHATLEY, JEREMY 700.00 0.00 700.00 AP 00388892 03/14/2018 WILDASINN, PATRICIA 184.80 0.00 184.80 AP 00388893 03/14/2018 WOMEN IN LEISURE SERVICES 36.00 0.00 36.00 User: NDANIELS - Noah Daniels Page: 6 Current Date: 03/28/2018 Report: CK -AGENDA -REG -PORTRAIT -CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 12:59:20 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 3/14/2018 through 3/27/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00388894 03/14/2018 YOUNG REMBRANDTS 475.20 0.00 475.20 AP 00388895 03/15/2018 AIRGAS USA LLC 418.77 266.50 685.27 *** AP 00388897 03/15/2018 BRODART BOOKS 1,606.62 0.00 1,606.62 AP 00388898 03/15/2018 CALSENSE 6,226.79 0.00 6,226.79 AP 00388899 03/15/2018 DUNN EDWARDS CORPORATION 994.77 0.00 994.77 AP 00388900 03/15/2018 FORD OF UPLAND INC 2,400.57 0.00 2,400.57 AP 00388901 03/15/2018 LN CURTIS AND SONS 0.00 254.16 254.16 AP 00388903 03/15/2018 OFFICE DEPOT 5,269.69 746.90 6,016.59 *** AP 00388904 03/15/2018 ORKIN PEST CONTROL 434.40 616.00 1,050.40 *** AP 00388907 03/15/2018 BRODART BOOKS 5,865.46 0.00 5,865.46 AP 00388908 03/20/2018 ICC ORANGE EMPIRE CHAPTER 125.00 0.00 125.00 AP 00388909 03/21/2018 A & M FIRST AID INC 308.71 0.00 308.71 AP 00388910 03/21/2018 A AND R TIRE SERVICE 421.74 0.00 421.74 AP 00388911 03/21/2018 ABOVE ALL CONSTRUCTION INC. 81.10 0.00 81.10 AP 00388912 03/21/2018 ACEY DECY EQUIPMENT INC. 96.31 0.00 96.31 AP 00388913 03/21/2018 AFLAC GROUP INSURANCE 6,484.96 0.00 6,484.96 AP 00388914 03/21/2018 ALL CITIES TOOLS 0.00 74.35 74.35 AP 00388915 03/21/2018 ALLIANT INSURANCE SERVICES INC. 214.00 0.00 214.00 AP 00388916 03/21/2018 ALLIED NETWORK SOLUTIONS INC 8,211.00 0.00 8,211.00 AP 00388917 03/21/2018 ALPHAGRAPHICS 242.14 0.00 242.14 AP 00388918 03/21/2018 ALVAREZ, VERONICA 250.00 0.00 250.00 AP 00388919 03/21/2018 AQUABIO ENVIRONMENTAL TECHNOLOGIES INC. 1,250.00 0.00 1,250.00 AP 00388920 03/21/2018 AVILA, RAUL OROZCO 85.00 0.00 85.00 AP 00388921 03/21/2018 BENDANA, JUAN 2,500.00 0.00 2,500.00 AP 00388922 03/21/2018 BENJAMIN DAVIDSON, LAW OFFICES OF 30,000.00 0.00 30,000.00 AP 00388923 03/21/2018 BRAUN BLAISING SMITH WYNNE P.C. 1,868.20 0.00 1,868.20 AP 00388924 03/21/2018 BROOKSTONE STORE #332 918.29 0.00 918.29 AP 00388925 03/21/2018 BROWN, JENNIFER 161.06 0.00 161.06 AP 00388926 03/21/2018 C V W D 272.24 0.00 272.24 AP 00388931 03/21/2018 C V W D 71,779.96 692.15 72,472.11 *** AP 00388932 03/21/2018 CALIFA GROUP 12,503.96 0.00 12,503.96 AP 00388933 03/21/2018 CAMOU, FRANK 1,410.00 0.00 1,410.00 AP 00388934 03/21/2018 CANTOR, DOUGLAS 58.20 0.00 58.20 AP 00388935 03/21/2018 CCS ORANGE COUNTY JANITORIAL INC. 55,848.52 0.00 55,848.52 AP 00388936 03/21/2018 CHARLES ABBOTT ASSOCIATES INC. 2,090.00 0.00 2,090.00 AP 00388937 03/21/2018 CINTAS CORPORATION #150 0.00 119.64 119.64 AP 00388938 03/21/2018 FOSTER CITY, CITY OF 1,950.68 0.00 1,950.68 AP 00388939 03/21/2018 CITY RENTALS 77.81 0.00 77.81 AP 00388940 03/21/2018 CMRTA 50.00 0.00 50.00 AP 00388941 03/21/2018 COMPETITION ROOFING 101.39 0.00 101.39 AP 00388942 03/21/2018 CONAN, XYLINA 51.88 0.00 51.88 AP 00388943 03/21/2018 CONGER, JAY A. 4,134.00 0.00 4,134.00 AP 00388944 03/21/2018 CONVERGEONE INC. 21,972.50 0.00 21,972.50 AP 00388945 03/21/2018 CORELOGIC SOLUTIONS LLC 250.00 0.00 250.00 AP 00388946 03/21/2018 CORODATA MEDIA STORAGE INC 1,027.08 0.00 1,027.08 AP 00388947 03/21/2018 COUNTS UNLIMITED 160.00 0.00 160.00 AP 00388948 03/21/2018 CRISTAN, JUSTINE 83.40 0.00 83.40 User: NDANIELS - Noah Daniels Page: 7 Current Date: 03/28/2018 Report: CK -AGENDA -REG -PORTRAIT -CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 12:59:20 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 3/14/2018 through 3/27/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00388949 03/21/2018 DATA ARC LLC 14,235.52 0.00 14,235.52 AP 00388950 03/21/2018 DEMCOINC 2,594.58 0.00 2,594.58 AP 00388951 03/21/2018 DUDE SOLUTIONS 16,890.00 0.00 16,890.00 AP 00388952 03/21/2018 EL TARASCO MEAT 201.14 0.00 201.14 AP 00388953 03/21/2018 EXACT STAFF 3,067.98 0.00 3,067.98 AP 00388954 03/21/2018 EXPERIAN 52.00 0.00 52.00 AP 00388955 03/21/2018 FORTIN LAW GROUP 15,492.25 0.00 15,492.25 AP 00388956 03/21/2018 FRANKLIN TRUCK PARTS 0.00 595.06 595.06 AP 00388957 03/21/2018 FULCRUM CONSTRUCTION INC 75.19 0.00 75.19 AP 00388958 03/21/2018 GAMES FOR FUN 1,826.24 0.00 1,826.24 AP 00388959 03/21/2018 GEORGE HILLS COMPANY 987.70 0.00 987.70 AP 00388960 03/21/2018 GIBSON, JEAN 83.40 0.00 83.40 AP 00388961 03/21/2018 GRAINGER 1,459.29 0.00 1,459.29 AP 00388962 03/21/2018 HEALING HOPE FOR HUMANITY 425.00 0.00 425.00 AP 00388963 03/21/2018 HERRERA, MARISSA 182.78 0.00 182.78 AP 00388964 03/21/2018 HESTER, KIMBERLY 51.00 0.00 51.00 AP 00388965 03/21/2018 HI WAY SAFETY INC 84.05 0.00 84.05 AP 00388966 03/21/2018 HOME DEPOT CREDIT SERVICES 645 958.86 0.00 958.86 AP 00388967 03/21/2018 INK SLINGER SCREEN PRINTING & EMBROIDERY 2,505.24 0.00 2,505.24 AP 00388968 03/21/2018 INLAND LIBRARY SYSTEM 600.00 0.00 600.00 AP 00388969 03/21/2018 INTELESYS ONE INC 1,306.84 0.00 1,306.84 AP 00388970 03/21/2018 INTERNATIONAL LINE BUILDERS INC 6,984.90 0.00 6,984.90 AP 00388971 03/21/2018 J D CONCRETE LLC 303.74 0.00 303.74 AP 00388972 03/21/2018 JACKSON LEWIS P C 0.00 409.50 409.50 AP 00388973 03/21/2018 JASSO, GABRIEL 125.00 0.00 125.00 AP 00388974 03/21/2018 JOHN BURR CYCLES INC 2,044.18 0.00 2,044.18 AP 00388975 03/21/2018 JOHNSON CONTROLS FIRE PROTECTION LP 184.31 0.00 184.31 AP 00388976 03/21/2018 JRC HOUSING 1,000.00 0.00 1,000.00 AP 00388977 03/21/2018 K -K WOODWORKING 150.70 0.00 150.70 AP 00388978 03/21/2018 KASER, ANN 66.89 0.00 66.89 AP 00388979 03/21/2018 LAKE ARROWHEAD ELEMENTARY ASB 450.00 0.00 450.00 AP 00388980 03/21/2018 LAWSON PRODUCTS INC 0.00 2,275.15 2,275.15 AP 00388981 03/21/2018 LIEBERT CASSIDY WHITMORE 6,107.40 0.00 6,107.40 AP 00388982 03/21/2018 LIEBERT CASSIDY WHITMORE 4,050.00 0.00 4,050.00 AP 00388983 03/21/2018 LINDORA 330.15 0.00 330.15 AP 00388984 03/21/2018 MAIN STREET EXPERIENCES 800.00 0.00 800.00 AP 00388985 03/21/2018 MARIPOSA LANDSCAPES INC 66,063.64 0.00 66,063.64 AP 00388986 03/21/2018 MARTINEZ, JESSICA 18.96 0.00 18.96 AP 00388987 03/21/2018 MCCAULLEY, BRANDON 30.59 0.00 30.59 AP 00388988 03/21/2018 MIDWEST TAPE 68.58 0.00 68.58 AP 00388989 03/21/2018 MILANI, MELODY 125.00 0.00 125.00 AP 00388990 03/21/2018 MILES CONSTRUCTION GROUP INC 154.00 0.00 154.00 AP 00388991 03/21/2018 MINUTEMAN PRESS 4,892.75 0.00 4,892.75 AP 00388992 03/21/2018 MMASC 0.00 35.00 35.00 AP 00388993 03/21/2018 MOORE, PAULA 57.43 0.00 57.43 AP 00388994 03/21/2018 MOUNTAIN VIEW SMALL ENG REPAIR 463.27 0.00 463.27 AP 00388995 03/21/2018 NAPA AUTO PARTS 0.00 301.07 301.07 User: NDANIELS - Noah Daniels Page: 8 Current Date: 03/28/2018 Report: CK -AGENDA -REG -PORTRAIT -CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 12:59:20 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 3/14/2018 through 3/27/2018 Check No. Check Date Vendor Name Cu Fire Amount AP 00388996 03/21/2018 NAVARETTE, SHARON 8.31 0.00 8.31 AP 00388997 03/21/2018 NEW IMAGE COMMERCIAL FLOORING 3,142.43 0.00 3,142.43 AP 00388998 03/21/2018 NUCI, JESSICA 36.12 0.00 36.12 AP 00388999 03/21/2018 O'CONNELL, RYAN P 350.00 0.00 350.00 AP 00389000 03/21/2018 O'REILLY AUTO PARTS 1,185.53 0.00 1,185.53 AP 00389001 03/21/2018 OCCUPATIONAL HEALTH CTRS OF CA 0.00 13,081.00 13,081.00 AP 00389002 03/21/2018 OCLC INC 55.41 0.00 55.41 AP 00389003 03/21/2018 ONTRAC 51.62 0.00 51.62 AP 00389004 03/21/2018 PACIFIC COAST ENTERTAINMENT 1,512.00 0.00 1,512.00 AP 00389005 03/21/2018 PARS 3,500.00 0.00 3,500.00 AP 00389006 03/21/2018 PEARCE SERVICES LLC 224.56 0.00 224.56 AP 00389007 03/21/2018 PEARCE, LISA 22.45 0.00 22.45 AP 00389008 03/21/2018 PEP BOYS 20.43 0.00 20.43 AP 00389009 03/21/2018 PIONEER MANUFACTURING 4,327.79 0.00 4,327.79 AP 00389010 03/21/2018 PIP PRINTING 298.08 0.00 298.08 AP 00389011 03/21/2018 PORAC 170.00 0.00 170.00 AP 00389012 03/21/2018 PSA PRINT GROUP 38.79 0.00 38.79 AP 00389013 03/21/2018 PVP COMMUNICATIONS INC 280.96 0.00 280.96 AP 00389014 03/21/2018 QUALLS, ELENA 30.02 0.00 30.02 AP 00389015 03/21/2018 RAMOS, VERONICA 43.79 0.00 43.79 AP 00389016 03/21/2018 RANCHO CUCAMONGA CHAMBER OF COMMERCE 2,599.00 0.00 2,599.00 AP 00389017 03/21/2018 RANCHO CUCAMONGA FONTANA FAMILY YMCA 10,557.64 0.00 10,557.64 AP 00389018 03/21/2018 RC PROJ1 LLC 2,991.00 0.00 2,991.00 AP 00389019 03/21/2018 READ THE BOOKS LLC 1,070.00 0.00 1,070.00 AP 00389020 03/21/2018 RENT A CENTER #05915 630.55 0.00 630.55 AP 00389021 03/21/2018 RIGEL PRODUCTS AND SERVICE 334.03 0.00 334.03 AP 00389022 03/21/2018 RMA GROUP 0.00 5,396.00 5,396.00 AP 00389023 03/21/2018 ROYAL INDUSTRIAL SOLUTIONS CITY OF INDUSTRY 141.76 0.00 141.76 AP 00389024 03/21/2018 SAFETY KLEEN SYSTEMS INC 0.00 210.11 210.11 AP 00389025 03/21/2018 SAGALA, ADRIANA 206.46 0.00 206.46 AP 00389026 03/21/2018 SAN BERNARDINO CO FIRE DEPT 56,798.06 0.00 56,798.06 AP 00389027 03/21/2018 SAN BERNARDINO CTY OFFICE OF THE ASSESSOR 840.00 0.00 840.00 AP 00389028 03/21/2018 SC FUELS 42,174.64 0.00 42,174.64 AP 00389029 03/21/2018 SCMAF - INLAND VALLEYS 1,080.00 0.00 1,080.00 AP 00389030 03/21/2018 SHERWIN WILLIAMS CO, THE 65.51 0.00 65.51 AP 00389031 03/21/2018 SHOETERIA 1,269.01 0.00 1,269.01 AP 00389032 03/21/2018 SNAP ON INDUSTRIAL 0.00 854.54 854.54 AP 00389033 03/21/2018 SO CALIF GAS COMPANY 1,024.95 0.00 1,024.95 AP 00389034 03/21/2018 SOURCE GRAPHICS 149.84 0.00 149.84 AP 00389041 03/21/2018 SOUTHERN CALIFORNIA EDISON 19,629.66 1,565.80 21,195.46 *** AP 00389042 03/21/2018 SOUTHERN CALIFORNIA EDISON 62,549.09 0.00 62,549.09 AP 00389043 03/21/2018 SOUTHERN CALIFORNIA EDISON 40,179.49 0.00 40,179.49 AP 00389044 03/21/2018 SOUTHERN CALIFORNIA EDISON 7,506.46 0.00 7,506.46 AP 00389045 03/21/2018 SOUTHLAND SPORTS OFFICIALS 2,200.00 0.00 2,200.00 AP 00389046 03/21/2018 SPECTRUM GAS PRODUCTS 0.00 75.00 75.00 AP 00389047 03/21/2018 STATE FIRE TRAINING 0.00 65.00 65.00 AP 00389048 03/21/2018 STOTZ EQUIPMENT 622.71 0.00 622.71 User: NDANIELS - Noah Daniels Page: 9 Current Date: 03/28/2018 Report: CK -AGENDA -REG -PORTRAIT -CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 12:59:20 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 3/14/2018 through 3/27/2018 Check No. Check Date Vendor Name Ca Fire Amount AP 00389049 03/21/2018 STOVER SEED COMPANY 1,777.88 0.00 1,777.88 AP 00389050 03/21/2018 THE COUNSELING TEAM INTERNATIONAL 770.00 0.00 770.00 AP 00389051 03/21/2018 TRIMMER, PATRICIA A 105.71 0.00 105.71 AP 00389052 03/21/2018 TSAI, THOMAS 666.00 0.00 666.00 AP 00389053 03/21/2018 U.S. BANK PARS ACCT #6746022500 1,378.60 0.00 1,378.60 AP 00389054 03/21/2018 U.S. BANK PARS ACCT #6746022500 18,359.11 0.00 18,359.11 AP 00389055 03/21/2018 U.S. BANK PARS ACCT #6746022500 6,605.00 0.00 6,605.00 AP 00389056 03/21/2018 UNIQUE MANAGEMENT SERVICES INC 440.24 0.00 440.24 AP 00389057 03/21/2018 UNITED PACIFIC SERVICES INC 41,920.00 0.00 41,920.00 AP 00389058 03/21/2018 UNIVERSAL MARTIAL ARTS CENTERS 35.00 0.00 35.00 AP 00389059 03/21/2018 UPLAND AUTO TRIM 150.00 0.00 150.00 AP 00389060 03/21/2018 UPS 425.04 0.00 425.04 AP 00389061 03/21/2018 UTILIQUEST 3,336.83 0.00 3,336.83 AP 00389062 03/21/2018 VANTAGE COMPANY 124.00 0.00 124.00 AP 00389063 03/21/2018 VERIZON BUSINESS SERVICES 42.53 0.00 42.53 AP 00389064 03/21/2018 VIRTUAL PROJECT MANAGER INC 500.00 0.00 500.00 AP 00389065 03/21/2018 VISTA BUSINESS SERVICE 141.30 0.00 141.30 AP 00389066 03/21/2018 VIVERAE INC 10.95 0.00 10.95 AP 00389067 03/21/2018 VOHNE LICHE KENNELS INC 125.00 0.00 125.00 AP 00389068 03/21/2018 WALTERS WHOLESALE ELECTRIC CO 5,034.64 0.00 5,034.64 AP 00389069 03/21/2018 WAXIE SANITARY SUPPLY 3,797.51 0.00 3,797.51 AP 00389070 03/21/2018 WEST END MATERIAL SUPPLY 208.33 0.00 208.33 AP 00389071 03/21/2018 WESTLAND GROUP INC 0.00 14,250.00 14,250.00 AP 00389072 03/21/2018 WHITE HOUSE PHOTO INC 787.50 0.00 787.50 AP 00389073 03/21/2018 WINZER CORPORATION 323.95 430.26 754.21 *** AP 00389074 03/22/2018 ABC LOCKSMITHS 101.28 0.00 101.28 AP 00389075 03/22/2018 CITRUS MOTORS ONTARIO INC 0.00 1,875.78 1,875.78 AP 00389076 03/22/2018 EMCOR SERVICE 10,882.23 0.00 10,882.23 AP 00389077 03/22/2018 FASTENAL COMPANY 34.85 0.00 34.85 AP 00389078 03/22/2018 FORD OF UPLAND INC 213.22 0.00 213.22 AP 00389079 03/22/2018 INLAND VALLEY DAILY BULLETIN 3,361.16 0.00 3,361.16 AP 00389080 03/22/2018 INTERSTATE BATTERIES 938.35 0.00 938.35 AP 00389081 03/22/2018 KME FIRE APPARATUS 0.00 4,552.58 4,552.58 AP 00389082 03/22/2018 LIMS AUTO INC 127.76 0.00 127.76 AP 00389083 03/22/2018 OFFICE DEPOT 2,931.31 0.00 2,931.31 AP 00389084 03/22/2018 ORKIN PEST CONTROL 1,057.72 0.00 1,057.72 AP 00389085 03/22/2018 OVERDRIVE INC 623.98 0.00 623.98 AP 00389086 03/22/2018 SUNRISE FORD 380.50 0.00 380.50 AP 00389087 03/26/2018 CALIFORNIA BOARD OF EQUALIZATION, STATE OF 1,700.14 600.16 2,300.30 *** AP 00389088 03/27/2018 CURATALO, JAMES 0.00 1,618.70 1,618.70 AP 00389089 03/27/2018 KIRKPATRICK, WILLIAM 0.00 1,461.55 1,461.55 AP 00389090 03/27/2018 LONCAR, PHILIP 0.00 1,152.40 1,152.40 AP 00389091 03/27/2018 TOWNSEND, JAMES 0.00 1,618.70 1,618.70 AP 00389092 03/27/2018 WALKER, KENNETH 0.00 249.30 249.30 User: NDANIELS - Noah Daniels Page: 10 Current Date: 03/28/2018 Report: CK -AGENDA -REG -PORTRAIT -CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 12:59:20 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 3/14/2018 through 3/27/2018 Check No. Check Date Vendor Name Citv Fire Amount Total City: $5,221,945.27 Total Fire: $393,985.21 Grand Total:$5,615,93T.48 Note: *** Check Number includes both City and Fire District expenditures User: NDANIELS - Noah Daniels Page: 11 Current Date: 03/28/2018 Report: CK -AGENDA -REG -PORTRAIT -CONSOLIDATED - CK: Agenda Check Register Portrait Layout Time: 12:59:20 DATE: April 4, 2018 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Jason Welday, Director of Engineering Services/City Engineer Linda Ceballos, Environmental Programs Manager SUBJECT: CONSIDERATION TO APPROVE AN APPROPRIATION OF FUNDS IN THE AMOUNT OF $6,000 FROM THE CA RECYCLING/LITTER REDUCTION GRANT (FUND 225) FUND FOR COSTS ASSOCIATED WITH INCREASING BEVERAGE CONTAINER RECYCLING OPPORTUNITIES. RECOMMENDATION: It is recommended that the City Council approve an appropriation in the amount of $6,000 from the CA Recycling/Litter Reduction Grant (Fund 225) fund balance to Account No. 1225303-5200 for costs associated with beverage container recycling at City facilities. BACKGROUND: CA Recycling/Litter Reduction Grant funds are awarded annually to the City of Rancho Cucamonga for the purpose of increasing the collection and recycling of California Redemption Value (CRV) beverage containers. ANALYSIS: The appropriation requested would utilize grant funds for costs associated with increasing beverage container recycling opportunities through the purchase and placement of recycling containers at the Rancho Cucamonga Sports Center, and Jersey Fire Training Center. FISCAL IMPACT: In order to fund the purchase and placement of additional recycling containers, an appropriation in the amount of $6,000 from the CA Recycling/Litter Reduction Grant Fund (Fund 225) to Account No. 1225303-5200. COUNCIL GOAL(S) ADDRESSED: E011 DATE: April 4, 2018 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 Engineer Felicia Marshall, Associate Engineer SUBJECT: CONSIDERATION OF AN AGREEMENT BETWEEN THE CITY AND WLPX DAY CREEK, LLC FOR MAINTENANCE OF THE TRAFFIC SIGNAL LOCATED AT BASE LINE ROAD, WEST OF DAY CREEK BOULEVARD. RECOMMENDATION: Staff recommends that the City Council approve the attached agreement and authorize the City Manager to sign the agreement. BACKGROUND: Tentative Parcel Map 19637, located at the northwest corner of Day Creek Boulevard and Base Line Road, within the Medium Zoning District of the Victoria Community Plan, was approved by the Planning Commission on November 10, 2015 for the subdivision of 14.08 acres of land into six parcels and development of a commercial shopping center. To satisfy the conditions of approval, the developer, WLPX Day Creek, LLC was required to enter into an annual maintenance agreement for the new traffic signal located on Base Line Road and Day Creek Marketplace (private). The final Parcel Map was approved by City Council on February 15, 2017. ANALYSIS: The attached agreement between the developer, WLPX Day Creek, LLC and the City of Rancho Cucamonga would require the developer to pay a lump sum payment of $25,340.00 for the first eight years of traffic signal maintenance, followed by annual payments starting in year six of the agreement. These payments are estimated to cover 50% of the maintenance costs of the traffic signal over the fifty year term of the agreement. The development on the southwest corner of Base Line Road and Day Creek Boulevard has been conditioned to enter into an agreement to cover the remaining 50%. The agreement has been reviewed and approved by the City Attorney's office as to form. FISCAL IMPACT: The proposed agreement would provide funding toward the on-going maintenance over the expected life of the traffic signal constructed at Base Line Road and Day Creek Marketplace as part of the development. COUNCIL GOAL(S) ADDRESSED: Not Applicable. ATTACHMENTS: Description Attachment 1 - Vicinity Map Attachment 2- Traffic Signal Maintenance Agreement VICINITY MAP PARCEL MAP 19637 ALMOND ----- �� z m HILLSIDE RD. L HILLSIDE RD. ❑� ❑ u 3 sflsVc i < WILSON AVE WILSON YWN D BANYAN m �� c� BANYAN ST — ❑ w < = LEM AM m �1 i / < <--' V HIGHLAND AVEI HIGHLAND VE1 SIGH FlSHER DR i MK LN n 19th ST. � 3 < vlcroRw sr. �MON:TE v1sT ST. o oNr a FONTANA SPRR m UPLAND BASELINE A = BAS' �y�p � PKWY �0" � t g �= o h m z e° CHURCH x J S is CHURCH I BERI, DINO �a RD' PROJECT Fobb,oTHlu IeLw•� 66 Y L 0 CA TION Z a g DR ARR ROUTE AM ❑❑0 Y = 9th y�, � ❑ 2 � JERSEY BLVD. 0 ST FERRON STREET } A T !SFR R ME �I1� 7th STREET � Vl z FJFs,RJ0 L) 4th STREET 17� K ® 1-10 FR rONTARIO CITY OF RANCHO CUCAMONGA PM 19637 N LOCATED AT THE NORTHWEST CORNER OF DAY CREEK BLVD. AND BASE LINE RD. N.T.S. ATTACHMENT 1 OW191".0i ANNUAL MAINTENANCE AGREEMENT BETWEEN WLPX DAY CREEK LLC, AND THE CITY OF RANCHO CUCAMONGA FOR MAINTENANCE OF THE TRAFFIC SIGNAL AND RELATED EQUIPMENT LOCATED ON BASE LINE ROAD This ANNUAL MAINTENANCE AGREEMENT ("Agreement") is made and entered into on March , 2018 ("Effective Date") by and between the CITY OF RANCHO CUCAMONGA ("City"), and WLPX DAY CREEK LLC, a Delaware limited liability company ("Lewis") for certain expenditures related to the maintenance and operation of the "Traffic Signal", defined at Section 1 below, and at the location depicted on the "Site Plan" attached hereto as Exhibit "A". RECITALS A. Lewis is the owner of the land legally described in Exhibit "B" (the "Lewis Property"). Lewis has applied for, and the City approved, Tentative Parcel Map 19637, and Conditional Use Permit DRC2015-00388, for the development of the "Day Creek Marketplace Shopping Center" ("Shopping Center") upon the Lewis Property. B. The City has imposed Engineering Services Department Special Condition of Approval No. 2(E) upon Lewis in connection with the Shopping Center which requires Lewis to provide the Traffic Signal and related equipment at the proposed driveway on Base Line Road (at the location depicted on the Site Plan) and enter into an annual maintenance agreement for the Traffic Signal. C. The Parties desire to specify the terms and conditions under which the proposed Traffic Signal will be maintained, as well as the obligations and responsibility of the Parties with respect to the Traffic Signal. NOW, THEREFORE, in consideration of the mutual covenants contained herein the City and Lewis mutually agree to the following: 1. City's Maintenance and Repair Obligations. Following the Effective Date, City shall be responsible for the maintenance and repair (and all related costs not addressed by this Agreement) of the Traffic Signal. For the purpose of this Agreement, the term "Traffic Signal" includes the Traffic Signal itself, and any and all related equipment, including but not limited to signal standards, Page 1 of 6 ATTACHMENT 2 signal heads, pedestrian signals, luminaries (mounted on signal standards), electroliers with cable, signal controller and controller cabinet, signal network communications equipment and infrastructure, and other signal related facilities that have been or will be installed pursuant to City standards and to be accepted by the City Engineer upon the conclusion of installation. City shall also maintain and repair all electrical circuits which may exist within the Traffic Signal and these related facilities. City's maintenance obligations for the Traffic Signal shall include, but are not limited to, utility costs, routine maintenance work and emergency call -out service on the Traffic Signal. Utility costs for the Traffic Signal shall include, but are not limited to, all electrical costs associated with the operation and routine maintenance of the Traffic Signal. Routine maintenance hereunder shall include the following work: inspect the signal system and clean the control cabinet approximately every eight (8) weeks, clean and re -lamp signal heads as required, clean and re -lamp luminaries as required. Emergency call -out services shall include all repairs and maintenance of the Traffic Signal control and warning devices or reasonable temporary measures necessary to preserve the public safety in the event of a signal system failure. 2. Lump Sum Payment. Within ten (10) days following the Effective Date, Lewis shall pay to the City the sum of Twenty -Five Thousand Three Hundred Forty ($25,340.00) dollars, representing the total of the Annual Payments for the first eight (8) years of the Term. 3. Annual Payment. Beginning on the sixth (6) anniversary of the Effective Date and continuing each year thereafter until the earlier of (i) termination of this Agreement in accordance with Section 6, or (ii) the "Advance Buyout" (as defined at Section 7 below) occurs in accordance with Section 7, Lewis shall pay to the City an annual payment ("Annual Payment") in accordance with the following schedule: • Years six (6) through twelve (12): $3,167.50 per year • Years thirteen (13) through nineteen (19): $3,610.95 per year • Years twenty (20) through twenty-six (26): $4,116.48 per year • Years twenty-seven (27) through thirty-three (33): $4,692.78 per year • Years thirty-four (34) through forty (40): $5,349.77 per year • Years forty-one (41) through forty-seven (47): $6,098.73 per year Annual Payments shall be due and payable in full on or before each applicable anniversary of the Effective Date ("Due Date"). Except for the lump sum payment described in Section 2, Lewis' reimbursement in any single twelve (12) month period shall not exceed the Annual Payment. 4. Administration Fee. To cover the City's cost of processing and tracking the annual payments pursuant to Section 3, an administration fee of five (5) percent (5%) shall be added to each Annual Payment made by Lewis to the City and paid concurrently therewith. 5. Late Fee. In addition to the administration fee, a late fee of five (5) percent (5%) shall be added to every payment that is made thirty (30) or more calendar days after its Due Date. The late fee is waivable at the sole discretion of the City Manager or his/her designee. Page 2 of 6 e 6. Term. This Agreement and all obligations contained herein bind the City and Lewis (or its assignee or successor -in -interest) for a term ("Term") of fifty (50) years from the Effective Date of this Agreement, unless terminated sooner pursuant to Sections 7 or 8. 7. Advance Buyout. If Lewis transfers one hundred percent (100%) of its interests in the Lewis Property before the Term of this Agreement has concluded, Lewis shall, upon Lewis' sale of the last parcel of real property constituting the Shopping Center, make a payment to the City in an amount equal to the remaining unpaid Annual Payments ("Advance Buyout"). Lewis shall make this Advance Buyout payment concurrent with the close of escrow of the last parcel constituting the Shopping Center. Upon receipt of payment by the City of the Advance Buyout, this Agreement shall automatically terminate. An Advance Buyout payment may also be caused by Lewis' assignment of its rights under this Agreement pursuant to Section 22. 8. Termination. Except as provided in Section 7, this Agreement may be terminated only by written instrument executed by both parties to this Agreement. 9. Amendment and Waiver. No change or modification of this Agreement shall be valid unless the same is in writing and signed by both parties and no verbal understanding or agreement not incorporated herein shall be binding on either party hereto. No waiver of any provision of this Agreement shall be valid unless in writing and signed by both parties granting such waiver, and in no event shall any such waiver be deemed to be a waiver of any other term, covenant, or condition of this Agreement. The failure of either party to this Agreement to exercise any of its rights under this Agreement does not constitute a breach thereof and shall not be deemed to be a waiver of such rights or a waiver of any subsequent breach. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other parties any contractual rights by custom, estoppel, or otherwise. 10. Attorneys' Fees. In the event any party shall commence any action against any other party relating to this Agreement or for the breach of any obligation contained herein, the prevailing party shall be entitled to recover from the losing party reasonable attorneys' fees, expenses, and court costs. 11. Governing Law; Forum. This Agreement shall be construed and governed by the laws of the State of California. The courts of San Bernardino County shall have sole and exclusive jurisdiction of any lawsuit, and/or other judicial proceeding arising from this Agreement 12. Time of Essence. Time is of the essence of every provision hereof in which time is a factor. 13. Entire Agreement of the Parties. This Agreement supersedes any and all agreements, either oral or written, between the parties with respect to operation and maintenance of the Traffic Signal to be provided by City under this Agreement and contains all of the representations, covenants, and agreements between the parties with respect to the subject matter of this Agreement. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not contained in this Agreement. Page 3 of 6 (1 14. Independent Counsel. Each party has had the opportunity to consult with its own attorney with respect to this Agreement, and in the event that any language contained herein is construed to be vague or ambiguous, this Agreement shall not be strictly construed against any party. 15. Force Majeure. No party shall be considered in default of any of its obligations under this Agreement when a failure of performance shall be due to an uncontrollable force. The term "uncontrollable force" shall mean flood, earthquake, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, federal or state action, statute, ordinance, or regulation, terrorist attack, embargoes of the United States Government or any other government, which by exercise of due diligence such party could not reasonably have been expected to avoid and by exercise of due diligence has been unable to overcome. However, the foregoing shall not apply to monetary obligations. Any party rendered unable to fulfill any of its obligations under this Agreement by reason of an uncontrollable force shall give written notice within five (5) business days of such fact to the other parties and shall exercise due diligence to remove such inability with all reasonable dispatch. 16. Notice. Notice given under or regarding this Agreement shall be deemed given upon delivery into the United States Mail if delivery is by postage paid certified mail (return receipt requested), or reputable overnight commercial delivery service. Notice shall be sent to the respective party at the address indicated below or to any other address as a party may designate from time to time by a notice given in accordance with this paragraph. If to Lewis: David Linden 1156 North Mountain Ave. Upland, CA 91786 (909) 946-7535 With a copy to: Mario Pichardo 1156 North Mountain Ave. Upland, CA 91786 (909) 949-6771 If to City: John Gillison, City Manager 10500 Civic Center Drive P.O. Box 807 City, CA 91729-0807 (909) 477-2700 17. Invalid Provision. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. 18. Headings and Ca tp ions. The headings and captions used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of the Agreement or any part thereof. Page 4 of 6 19. Counterparts. This Agreement may be executed in counterpart originals, each of which is deemed to be an original for all purposes. 20. Duplicate Originals. This Agreement may be executed in duplicate originals, each of which is deemed to be an original for all purposes. 21. The Recitals stated above are true and correct and are incorporated by this reference into the Agreement. 22. Assignment. Lewis may assign its rights under this Agreement if (i) the proposed assignee assumes all of the obligations of Lewis under this Agreement, and (ii) such assignment is (a) to an Affiliate of Lewis (for the purposes hereof, an "Affiliate" shall mean a legal entity whose management is controlled by Lewis, or Lewis Management Corp., a Delaware Corporation ("LMC"), and which Lewis, or LMC, owns at least a fifty percent [50%] interest therein), or (b) to a partnership so long as Lewis, or LMC, or an Affiliate of Lewis (which meets the above requirements), is the general partner of such partnership, or (c) to a limited liability company so long as Lewis, LMC, or an Affiliate of Lewis (which meets the above requirements), is the managing member of such limited liability company and Lewis, LMC, or an Affiliate of Lewis, owns at least a twenty-five percent (25%) interest in such limited liability company. Lewis agrees to deliver to City, at least twenty (20) business days prior to the effective date of any assignment, such documentation and other evidence City may request in a form reasonably satisfactory to City which substantiates that an assignment by Lewis to an Affiliate satisfies the above parameters and reflects that the assignee has assumed all of the obligations of Lewis under this Agreement. An assignment pursuant to this Section 22 shall cause an Advance Buyout, as that payment is described in Section 7, if the City Manager provides written notice to Lewis that the proposed assignment will cause an Advance Buyout at least ten (10) business days prior to the effective date of the proposed assignment. If the City Manager provides timely written notice to Lewis that an Advance Buyout is caused by this Section 22, and Lewis has not withdrawn the assignment, then Lewis shall make the Advance Buyout payment concurrent with the effective date of the proposed assignment. Upon receipt of payment by the City of the Advance Buyout, this Agreement shall automatically terminate. (signature page follows) Page 5 of 6 61 IN WITNESS WHEREOF, the Parties have executed this AGREEMENT below. THE CITY OF RANCHO CUCAMONGA John Gillison, City Manager Dated: Attest: Janice C. Reynolds, City Clerk APPROVED AS TO FORM: James L. Markman City Attorney LEWIS WLPX DAY CREEK, LLC, a Delaware limited liability company By: LEWIS MANAGEMENT CORP a Delaware corporation - Its Sole Manager By: rt n. .1•'1 .. - . . - / Dated: ►��� Y:\940\2018\Day Creek Traffic Signal Maintenance Agreement City Drft (3.6.18)CLN.FINAL.docx C:\NRPortbl\RWGIMANI\NGHIRELLI\2160869-7.docx Page 6 of 6 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of�ia r) Ymwd I n D On MGtnh b, 2D 16 _ _ , before me, Rwd', Vit -A ' C 0 , L(insert name and title of the officer) Notary Public, personally appeared D(AVI'A, L • -.1�,rleYt , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. j '2 Signature X0,Lj U 1 Page 7 of 3 MUM VERDUZCO COMM. #2155620 s -9-1 Notary Public • California s s San Bernardino .kalCounty c (Seal) Comm. Expires e 28, 2020 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On , before me, (insert name and title of the officer) Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Page 8 of 3 (Seal) O is SITE PLAN Page 9 of 3 I AR LAC Pd 17 TRAFFIC LIGHT POLES 'AND H!Byj 0 Nl�- T cl -474t4 =1' -1- 9 w N BASE LINE ROAD lt Jr� FUTURE DRIVEWAY EXHIBIT "B" DESCRIPTION OF LEWIS PROPERTY Land situated in the City of Rancho Cucamonga, County of San Bernardino, State of California, described as follows: PARCELS 1 THROUGH 6, AND PARCELS "A" AND "B" OF LETTER LOTS, OF PARCEL MAP NO. 19637, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 247, PAGE 93 AND 94 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Page 10 of 1 DATE: April 4, 2018 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 Program Manager Marissa Ostos, Management Analyst SUBJECT: CONSIDERATION TO SCHEDULE A PUBLIC HEARING FOR MAY 16, 2018 FOR PLACEMENT OF LIENS FOR DELINQUENT SOLID WASTE ACCOUNTS. RECOMMENDATION: Staff recommends that the City Council schedule a public hearing for the placement of special assessments/liens for delinquent refuse accounts on May 16, 2018, during the regularly scheduled City Council meeting. BACKGROUND: Section 8.17.270 and Section 8.19.270 of the Rancho Cucamonga Municipal Code established the requirements for mandatory payment for residential, commercial, and industrial refuse collection service. As a result, the municipal code requires all occupied properties within the City to have weekly refuse collection service, provided by the existing franchise hauler, or comply with the terms of the self -haul permit program administered by City staff. These sections of the code allow fees that are delinquent for more than 60 days to become special assessments against the respective parcels of land, resulting in liens on the property for the amount of the delinquent fees, plus administrative charges. On an annual basis the City must schedule a public hearing for the purpose of reviewing the delinquent account report and hear any protests or objections from property owners with delinquent refuse accounts. ANALYSIS: Upon approval to schedule the public hearing, public hearing notices will be mailed out to the property owners with delinquent refuse accounts via first class certified mail no less than 10 days prior to the public hearing. FISCAL IMPACT: The City will receive revenue from the franchise fee when the delinquent accounts are paid through the County of San Bernardino property tax collection process. COUNCIL GOAL(S) ADDRESSED: N/A. DATE: April 4, 2018 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: William Wittkopf, Public Works Services Director Dean Rodia, Parks and Landscape Superintendent Kenneth Fung, Assistant Engineer SUBJECT: CONSIDERATION TO AWARD A CONTRACT TO TORGA ELECTRICAL FOR THE "VICTORIA WINDROWS 2A & 2B GREENBELT LIGHTING PROJECT". RECOMMENDATION: Staff recommends the City Council approve the plans and specifications, accept the bids received, award and authorize the execution of a contract in the amount of $257,280 for the "Victoria Windrows 2A & 2B Greenbelt Lighting Project" to the lowest responsive bidder, Torga Electrical of San Bernardino; and, authorize the expenditure of a contingency in the amount of $32,720 to be funded from account number 1131303-5650/1716131 -0 (LMD 2). The Engineer's estimate for the Base Bid portion of the project is $150,000. Torga Electrical's Base Bid amount is $119,500. When combined with Torga Electrical's Additive Bids No 1 ($95,580) and No 2 ($42,200), the combined project amount of $257,280 is within the project's budgeted amount of $290,000. As a result, it is recommended that the Base Bid, as well as Additive Bids No 1 and No 2, be awarded. BACKGROUND: The existing greenbelt lights need to be removed and replaced. Their original "flush to the ground" design enabled water to pond around the base of the lighting foundations which has caused the lighting foundations to rust away over the years. As a result, the greenbelt light poles have been known to fall over without warning. To prevent this situation from happening again, the base of the replacement lighting foundations will be 12" above ground level. The new greenbelt lighting will use LED fixtures which will be more energy efficient than the original fixtures, and the new LED fixtures require less maintenance and have a longer service life. The existing conduits, wiring, pullboxes, etc. will also be removed and replaced. The Base Bid portion of the project involves the greenbelt located between Province Street and Farrington Street. The Additive Bid No. 1 portion of the project involves three (3) small greenbelts located between Farrington Street and the Pacific Electric Trail. Because of the lower electrical requirements of the new LED fixtures, two (2) existing electrical meters located in these three (3) small greenbelts will be removed. The existing electrical meter for the Base Bid portion will be sufficient to service the updated electrical needs of the Base Bid and Additive Bid No. 1 greenbelts. The Additive Bid No. 2 portion of the project involves a greenbelt located between Powell Place and Etiwanda Avenue. ANALYSIS: Six (6) bids for this project were opened at 2:00 p.m. on Tuesday, March 13, 2018 (see attached Bid Summary). Staff has completed the required background investigation and finds that the lowest responsive bidder, Torga Electrical of San Bernardino, has met the requirements of the bid documents. The project is scheduled to be completed within fifty (50) working days — 30 working days for the Base Bid and 10 working days for each of the two (2) Additive Bids. FISCAL IMPACT: Because the new LED fixtures have a longer service life and use less electricity, the annual maintenance/upkeep costs for the lighting in the five (5) greenbelts involved in this project will be reduced. Also, the removal of two (2) existing electrical meters will eliminate the cost of the monthly fees for those two (2) meters from the LIVID 2 budget. COUNCIL GOAL(S) ADDRESSED: This project addresses the City Council goal of Public Safety by eliminating a potential safety hazard presented by the existing greenbelt lighting. Also, the new LED lighting fixtures will provide more illumination in the greenbelts. ATTACHMENTS: Description Attachment 1 - Bid Summary Attachment 2 - Project Contract ATTACHMENT 1 umg.mermcmae:igneacopiesornadepeumeov(r/n)) re: re: re: re: re: re: 0" WI, 11141, 1.2 0" ATTACHMENT 2 CITY OF RANCHO CUCAMONGA PUBLIC WORKS SERVICES DEPARTMENT CONTRACT VICTORIA WINDROWS 2A & 2B GREENBELT LIGHTING PROJECT AWARD DATE: Wednesday, April 4, 2018 2/12/18 Mayor L. Dennis Michaei I Mayor Pro Tern Lynne B. Kennedy Council Members William j- Alexander, Sam Spagnolo, Diane Williams City ManagerJohn R. Gilkson `10500 Civic Center Drive € P.O. Box 807 j Rancho Cucamonga, CA 911729-0607 j 909.477.2700 1 www,CityofRC.us ADDENDUM NO. 1 VICTORIA WINDROWS 2A & 2B GREENBELT LIGHTING PROJECT 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 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 BID PROPOSAL, between sheets P -S and P-10: Insert the attached sheet P-9 between sheets P-8 and P-10 of the BID PROPOSAL. 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 Kenneth Fung PE, Assistant Engineer I CITY OF RANCHO CUCAMONGA PUBLIC WORKS SERVICES DEPARMTNET NOTICE INVITING BIDS PROPOSAL, CONTRACT AND SPECIFICATIONS FOR VICTORIA WINDROWS 2A & 2B GREENBELT LIGHTING PROJECT PREPARED BY: CITY OF RANCHO CUCAMONGA 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA 91730 (909) 477-2730 PUBLIC WORKS SERVICES DIRECTOR CITY OF RANCHO CUCAMONGA TABLE OF CONTENTS NoticeInviting Bids.......................................................................................................................... N-1 thru 5 Instructionsto Bidders.........................................................................................................................I-1 thru 8 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. Pre -Bid Meeting Proposal............................................................................................................................ P-1 thru 15 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 ContractAgreement........................................................................................................................ C-1 thm 6 FaithfulPerformance Bond....................................................................................................................... B-1 Laborand Materials Bond..............................................................................................................B-2 thru 3 Compensation Insurance Certificate..................................................................................................... INS -1 MaintenanceGuarantee Bond............................................................................................................... MB -1 SPECIAL PROVISIONS SPECIFICATIONS --- Governed by "Green Book" Standard Specifications AMENDMENTS to "Green Book" Standard Specifications PART I - GENERAL PROVISIONS Section 1 - Terms, Definitions, Abbreviations, Units of Measure and Symbols....................................GP-1 Section 2 - Scope and Control of the Work................................................................................. GP -2 thru 4 Section 3 - Changes in Work....................................................................................................... GP -5 thru 6 Section 4 - Control of Materials.................................................................................................. GP -7 thru 9 CITY OF RANCHO CUCAMONGA TABLE OF CONTENTS NoticeInviting Bids.......................................................................................................................... N-1 thru 5 Instructions to Bidders........................................................................................................ A. Proposals B. Delivery of Proposals C. Withdrawal of Proposals D. Disqualification of Bidders and Proposals E. Signature of Contractor F. Bid Bond G. Addendum H. Examination of Plans, Specifications, and Site of Work I. Estimated Quantities J. Competency of Bidder K. Award and Execution of Contract L. Return of Proposal Guarantee M. City Business License N. Equivalent Materials 0. Pre -Bid Meeting Proposal........................................................................................................... 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 .......... I-1 thru 8 ............ P-1 thm 15 ContractAgreement........................................................................................................................0-1 thru 6 FaithfulPerformance Bond....................................................................................................................... B-1 Laborand 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 PART I - GENERAL PROVISIONS Section 1 - Terms, Definitions, Abbreviations, Units of Measure and Symbols .................................... GP- 1 Section 2 - Scope and Control of the Work................................................................................. GP -2 thru 4 Section 3 Changes in Work....................................................................................................... GP -5 thru 6 Section 4 - Control of Materials .................. GP -7 thru 9 ................................................................................ Table of Contents (continued) Section5 - Utilities ................................................... ............................................................................ GP -10 Section 6 - Prosecution, Progress and Acceptance of the Work .............................................. GP -1 I thru 12 Section 7 - Responsibilities of the Contractor......................................................................... GP -13 thru 22 Section 8 - Facilities for Agency Personnel..........................................................................................GP-23 Section 9 - Measurement and Payment.................................................................................................GP-24 PART 2 -CONSTRUCTION MATERIALS Section 200 -Rock Materials 200-1 Rock Products............................................................................................................ MA -1 200-2 Untreated Base Materials........................................................................................... MA -1 Section 201 - Concrete, Mortar and Related Materials 201-1 Portland Cement Concrete......................................................................................... MA -2 Section 203 —Bituminous Materials 203-6 Asphalt Concrete........................................................................................................ MA -3 PART 3 - CONSTRUCTION METHODS Section 300 - Earthwork 300-1 Clearing and Grubbing................................................................................................ME-1 300-2 Unclassified Excavation..............................................................................................ME-1 3003 Structure Excavation and Backfill..............................................................................ME-2 Section 303 - Concrete and Masonry Construction 303-1 Concrete Structures.....................................................................................................ME-3 303-5 Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps and Driveways....................................................ME-4 Section 306 — Open Trench Conduit Construction 306-3 Trench Excavation......................................................................................................ME-5 306-6 Bedding..... ....................................................................................................... ME -5 thru 6 306-13 Trench Resurfacing.....................................................................................................ME-7 306-14 Measurement...............................................................................................................ME-7 306-15 Payment............................................................................................................ ME -7 thru 8 Table of Contents (continued) APPENDIX Appendix Item I — Lighting Replacement Requirements and Map Showing Locations of Base Bid and Additive Bids Appendix Item 2 — City Working Days Calendar Appendix Item 3 — Sample of a previously approved set of Certificates of Insurance (with updated insurance limits and coverages) Appendix Item 4 — City Permit Applications (Note: Applications for City Construction Permit and/or Temporary Street or Lane Closure Permit may be completed online at the City's website, www.cityofrc.us) NOTICE INVITING SEALED BIDS OR PROPOSALS FOR "VICTORIA WINDROWS 2A & 2B GREENBELT LIGHTING PROJECT" NOTICE IS HEREBY GIVEN that said City of Rancho Cucamonga will receive at the Office of the City Clerk in the offices of the City of Rancho Cucamonga, on or before the hour of 2:00 p.m. on TUESDAY, MARCH 13, 2018, sealed bids or proposals for the "VICTORIA WINDROWS 2A & 2S GREENBELT LIGHTING PROJECT" in said City. Bids will be publicly opened and read in the office of the City Clerk, 10500 Civic Center Drive, Rancho Cucamonga, California 91.730. Bids must be made on a form provided for the purpose, addressed to the City of Rancho Cucamonga, California, marked, "Bid. for Construction of VICTORIA WINDROWS 2A & 2B GREENBELT LIGHTING PROJECT." A mandatory Pre -Bid meeting and site tour will be held on Wednesday, February 21, 2018 beginning at 10:00 am. Refer to item "Q. Pre -Bid Meeting" of the "Instructions to Bidders" section of the bid documents for approximate directions. Attendees are required to sign in at the Pre -Bid meeting. Bids from companies that did not have a representative sign in at the Pre -Bid meeting will be rejected. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk, City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California, and are available to any interested party on request. They can also be found at www.dir.ca.gov/ under the "Statistics and Research" Tab. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 (with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)). No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the N -i 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 less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request of certificate, or B. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticable trade on such contracts and if other Contractors on the public works site are making such contributions. Iw 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. Fight (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 100i 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 1000 of the contract price thereof, and an additional bond in an amount equal to lOQ% of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his N-3 employees upon work to be done under contract which may be entered into between him and the said City of Rancho Cucamonga for the construction of said work. Contractor shall possess any and all contractor licenses, in form and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; including, but not limited to, a Class "B" License (General Building Contractor) or Class "C10" (Electrical Contractor) in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et. seq.) and rules and regulation adopted pursuant thereto. The Contractor, pursuant to the "California Business and Professions Code," Section 7028.15, shall indicate his or her State License Number on the bid, together with the expiration date, and be signed by the Contractor declaring, under penalty of perjury, that the information being provided is true and correct. The work is to be done in accordance with the profiles, plans, and specifications of the City of Rancho Cucamonga on file in the Office of the City Clerk at 10500 Civic Center Drive, Rancho Cucamonga, California. In an effort to go green and paperless, digital copies of the plans, specifications, and bid proposal, including any future addenda or revisions to the bid documents, are available by going to www.ci2list.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.ci2list.com to be included on the prospective bidder's list(s) and to receive email updates of any addenda or revisions to the bid documents. Be advised that the information contained on this site may change over time and without notice to prospective bidders or registered users. While effort is made to keep information current and accurate and to notify registered prospective bidders of any changes to the bid documents, it is the responsibility of each prospective bidder to register with www.ciplist.com and to check this website on a DAILY basis through the close of bids for any applicable addenda or updates. No proposal will be considered from a Contractor to whom a proposal form has not been issued by the City of Rancho Cucamonga to registered prospective bidders from www.ciplist.com. The successful bidder will be required to enter into a contract satisfactory to the City of Rancho Cucamonga. N-4 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 "VICTORIA WINDROWS 2A & 2B GREENBELT LIGHTING PROJECT" may be directed to: Chris Gilli and Parks Supervisor 8794 Lion Street Rancho Cucamonga, CA 91730 (909) 477-2730 ext. 4119 (e-mail: chris.gilli@citxofrc.us) Kenneth Fung Assistant Engineer 8794 Lion Street Rancho Cucamonga, CA 91730 (909) 477-2730 ext. 4139 e-mail: kenneth.fung@cityofrc.us) All questions regarding this Notice Inviting Bids must be in writing (e-mail is acceptable) and received by the City no later than 5:00 pm estions e-mails undeliverable. _ on Wednesday, February28, 2018. The -City is not responsible for ADVERTISE ON: Tuesday, February 6, 2018 and Tuesday, February 13, 2018 N-5 INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals under these specifications shall be submitted on the blank forms furnished herewith. When presented, all forms must be completely made out in the manner and form indicated and must also meet the following requirements: 1. The bidder shall set forth for each item of work, in clearly legible figures, an item price and a total for the item in the respective spaces provided for this purpose. In the case of unit basis items, the amount set forth under the "Total" column shall be the product of the unit price multiplied by the estimated quantity for the item. in case of discrepancy between the unit price and the total set forth for the item, the unit price shall prevail, except however, that if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or if it is omitted, or in the case of unit basis items, is the same amount as the entry in the "Total" columns, or in the case of lump sum items, is not the same amount as the entry in the "Total" column, then the amount set forth in the "Total" column for the item shall prevail in accordance with the following: (1) As to lump sum items, the amount set forth in the "Total" column shall be the unit price. (2) As to unit basis items, the amount set forth in the "Total" column shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. The bidder shall also set forth in both words and clearly legible figures the "Total Bid Amount" in the spaces provided at the bottom of the Bid Schedule. Bidder shall place a "Post It" note (1.5" X 2" minimum size) at the upper right corner of sheet P-3 of the Bid Proposal to help the representative from the City Clerk's office find the Bid Amount. 2. The proposal must be properly signed by the bidder, whose address, telephone number, and California Contractor's license number must be shown. 3. The Contractor shall perform with his own organization and with workmen under his immediate supervision, work of a value not less than 540 of the total value of all work embraced in the contract. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. when a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from information submitted by the Contractor, and subject to approval 1 -1 by the Engineer. With the proposal, the Contractor shall list (a) the name, address, and the California Contractor License Number of each subcontractor who will perform work included in the contract, and (b) the portion of work which will be done by each subcontractor. All subcontractors performing work in excess of 1/20 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 (100-.) 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 90 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 VICTORIA WINDROWS 2A & 2B GREENBELT LIGHTING PROJECT IN THE CITY OF RANCHO CUCAMONGA." Proposals may be mailed or delivered by messenger. However, it is the bidder's responsibility alone to ensure delivery of the proposal to the City Clerk prior to the bid opening hour stipulated in the Notice Inviting Bids. Late proposals will not be considered. C. WITHDRAWAL OF PROPOSALS A proposal may be withdrawn by a written request signed by the bidder. Such request must be delivered to the City Clerk prior to the I-2 bid opening hour stipulated in the Notice Inviting Bids. Proposals may not be withdrawn after said hour without forfeiture of the proposal guarantee. The withdrawal of the proposal will not prejudice the right of the bidder to submit a new proposal, providing there is time to do SO. D. DISQUALIFICATION OF BIDDERS AND PROPOSALS The bidder's attention is directed to the "California Business and Professions Code," Section 7028.15, which requires the Contractor to indicate his or her State License Number on the bid, together with the expiration date, and be signed by the Contractor declaring, under penalty of perjury, that the information being provided is true and correct. "Any bid not containing this information, or a bid containing information which is subsequently proven false, shall be considered non- responsive and shall be rejected by the public agency." More than one proposal for the same work from any individual, firm partnership, corporation, or association under the same or different names will not be accepted; and reasonable grounds for believing that any bidder is interested in more than one proposal for the work will be cause for rejecting all proposals in which such bidder is interested. Proposals in which the prices are obviously unbalanced, and those which are incomplete or show any alteration of form, or contain any additions or conditional or alternate bids that are not called for or otherwise permitted, may be rejected. A proposal on which the signature of the bidder has been omitted will be rejected. E. SIGNATURE OF CONTRAC'T'OR Corporation The signature must contain the name of the corporation, must be signed by the President and Secretary or Assistant Secretary, and the corporate seal must be affixed. Other persons may sign for the corporation in lieu of the above if a Certified copy of a resolution of the corporate board of directors so authorizing them to do so, is on file in the City Clerk's office. Partnership The names of all persons comprising the partnership or co -partnership must be stated. The bid must be signed by all partners comprising the partnership unless proof in the form of a certified copy of a certificate of partnership acknowledging the signer to be a general partner authorized to sign the contract on behalf of the partnership is presented to the City Clerk, in which case the general partner may sign. I-3 Joint Venture Bids submitted as a joint venture must so state and be signed by each joint venturer. Individual Bids submitted by an individual must be signed by the bidder, unless a general power of attorney, not more than 60 days old, is on file in the City Clerk's office, in which case the attorney in fact may sign for the individual. The above rules also apply in the case of the use of a fictitious business name. In addition, where a fictitious name is used, it must be so indicated in the signature. F. BID BOND Bid must be accompanied by cash, cashier's check, certified check, or surety bond in an amount not less than 10% of the total amount of bid. Checks and bond shall be made payable to the City of Rancho Cucamonga. G. ADDENDUM The correction of any discrepancies in or omission from the drawings, specifications or other contract documents or any interpretation thereof during the bidding period will be made only by written addendum. A copy of each such addendum will be posted on the internet, and it shall be the bidder's responsibility to download and print each and every posted addendum and a signed copy of the addendum shall be returned to the City prior to bid opening or attached to the bid documents. Failure to do so may result in bid rejection. Said addendum shall be made part of the contract. Any other interpretation or explanation of such documents will not be considered binding. The addendum can be found by going to www.ciplist.com, Member Login, then choose California, then scroll down to San Bernardino County and click on Browse Cities, then scroll down to Rancho Cucamonga and click on City Projects, then click on the project of interest under the title and follow directions for download. H. EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE OF WORK The plans and specifications to which the proposal forms refer are on file and open to inspection in the office of the City Engineer. Bidders must satisfy themselves by personal examination of the work site, plans, specifications, and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the work must be performed. No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack 1-4 of information regarding the nature of amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in the plans, specifications, or other contract documents shall be called to the attention of the Resident Engineer and clarified prior to the submission of proposals. I. ESTIMATED QUANTITIES The quantities given in the proposal and contract form are approximate, being given as a basis for the comparison of bids only, and the City does not, expressly or by implication, agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work, or to omit any portion of the work, as may be deemed advisable or necessary by the Engineer. The estimated quantity of each specific portion of the work designated on the plans as a final pay quantity shall be considered as approximate only and no guarantee is made that the quantities which can be determined by computations, based on the details and dimensions shown on the plans, will equal the estimated quantities. No allowance will be made in the event that the quantities based on computations do not equal the estimated quantities. When portions of an item have been designated on the plan as final pay quantities, portions not so designated will be measured and paid for in accordance with the applicable provisions of these specifications and the special provisions. In case of a discrepancy between the quantities shown on the plan as final pay quantities and the quantity of the same item shown in the Engineer's Estimate, payment will be based on the final pay quantities shown on the plans. J. COMPETENCY OF BIDDER The bidder shall be licensed under the provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California to do the type of work contemplated in the contract and shall be skilled and regularly engaged in the general class or type of work called for under this contract. To assist in the determination of competency, the Contractor shall complete the attached "Bidder Information" form. K. AWARD AND EXECUTION OF CONTRACT Acce tance or Rejection The City of Rancho Cucamonga, reserves the right to reject any or all bids. I-5 Award of Contract The lowest responsive bidder will be based upon the TOTAL OF THE BASE BID AMOUNT. 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 "B" License (General Building Contractor) or Class "CIO" (Electrical Contractor) License in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000, et. seq.) and rules and regulations adopted pursuant thereto at the time this contract is awarded. Bonds The Contractor shall furnish a good and sufficient surety bond issued by a surety company authorized to do business in the State of California in the sum equal to 100% of the total bid, conditioned for the Faithful Performance by the Contractor of all covenants, stipulations any agreements contained in said contract; an addition, the Contractor shall furnish a Labor and Materials Bond and a sum equal to 1000-. 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 MV 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. The Contractor shall pay to the City of Rancho Cucamonga the sum of $1,600.00 per day for each and every calendar day's delay in finishing the work in excess of Thirty (30) working days for the Base Bid plus Ten (1.0) additional working days for each Additive Bid awarded. L. RETURN OF PROPOSAL GUARANTEE The cash, check or bond of a bidder to whom the contract has been awarded will be returned to him after all of the acts, for the performance of which said security is required, have been fully performed. The cash, checks or bonds of the remaining qualified bidders will be returned when the bidder to whom the contract has been awarded has properly executed and returned all of the required Contract Documents. Cash, checks or bid bonds of other bidders will be returned when their proposals are rejected or in any event at the expiration of 90 days from the date of award of contract. I-7 M. CITY BUSINESS LICENSE Municipal Ordinances requires the issuance of a City Business License as a condition precedent to being engaged as a Contractor within the City. N. EQUIVALENT MATERIALS Attention is directed to the provisions of Section 4-1.6 of the Standard Specifications for Public Works Construction. O. PRE BIB MEETING A mandatory pre-bid meeting is scheduled on Wednesday, February 21, 2018 beginning at 10:00 am at the paseo located just west of the residence at 12740 Province Street in Rancho Cucamonga, CA. Approximate directions: Exit the I-15 Freeway at Base Line Road Proceed west on Base Line Road After passing Etiwanda Avenue, turn north onto Swanson Place Swanson Place terminates at Province Street Park on Province Street or an adjacent street. The meeting will be held along the north side of Province Street where it meets the paseo Complete the "Sign In" sheet form. Attendees are required to sign in on the "Sign In" sheet. Bids from companies that did not have a representative sign in at the pre- bid meeting will be rejected. I-8 P R O P O S A L SCHEDULE OF COST AND LUMP SUM AMOUNTS "VICTORIA WINDROWS 2A & 2B GREENBELT LIGHTING PROJECT" TO THE CITY OF RANCHO CUCAMONGA: The undersigned bidder declares that he has carefully examined the location of the proposed work, that he has examined the Plans, Special Provisions and Specifications, and read the accompanying Instruction to Bidders, and hereby proposes and agrees, if this proposal is accepted, to furnish all material and do all the work required to complete the said work in accordance with the Plans, Special Provisions and Specifications, in the time and manner therein prescribed for the unit cost and lump sum amounts set forth in the schedule on the following Proposal. Item Description Qty. Unit Unit Price No. Price BASE BID (Paseo from Province Street to Farrington Street) I. Mobilization Remove Existing Paseo Lights - Poles, Fixtures, Foundations, etc. Contractor to Deliver Poles and Fixtures to City Yard 2 per Demolition Note 1 Existing Underground Conduit. Remove Existing Conductors, Cut Off +6" Below Grade, Cap Off and Abandon In Place per 3 Demolition Note 2 Remove Existing Pull Box Per 4 Demolition Note 3 Remove Existing Meter Pedestal and Base, including Coordination with Local Utility 5 Company per Demolition Note 4 ` 1 P � ' Bidder P -1 I LS 2 EA tea'- - 4GG 1 LS L (4 2 , - 2� 000 - - 2 EA 3 co - — dkP0 - y I EA S00- r SCID _ r - P R O P O S A L SCHEDULE OF COST AND LUMP SUM AMOUNTS "VICTORIA WINDROWS 2A & 2B GREENBELT LIGHTING PROJECT" Item Description Qty. Unit Unit Price No. Price BASE BID (continued) Install 1" Diameter Conduit (Plus 2 #10 and 1 #10 E/G Conductors) Minimum of 24" Below Finish Grade Per Plan 6 Note 1 1 LS J I� �v[�• J zoo Install I" Diameter Conduit (Plus 4 #8 and 1 #10 E/G Conductors) Minimum of 241' Below Finish Grade Per Plan 7 Note 3 1 LS Z"-" Install. New Paseo Lights Poles, Fixture, Foundation, etc. per Plan Note 2 and Plan 8 Note 5 13 EA100 --� Remove Existing Calsease Controller, Enclosure and Pad. Provide New Calsense SSE -R Top Entry Enclosure Populated for Existing Calsense ET2000e-40- LR-RRe Controller, etc. Per 9 Plan Note 4 1 EA Install 3," Diameter Conduit (Plus 2 #12 and 1 #12 E/G Conductors) Minimum of 240 Below Finish Grade per Plan 10 Note 8 1 LS W Provide 120V Surge Protector at Controller Cabinet and Connect to Irrigation Controller Per 11 Plan Note 9 1 LS Y oo- � 3 Co . ^- Install New Meter Pedestal and Base_ Including Coordination with Local Utility Company. Per 12 Plan Note 10. 1 EA Install New Pullboxes as indicated on sheet E-1.3 and Der 13 Pullbox Detail 3 on sheet E-1.2. 1 EA �j�(J� ���_ �t 1 Bidder P R O P O S A L SCHEDULE OF COST AND LUMP SUM AMOUNTS "VICTORIA WINDROWS 2A & 2B GREENBELT LIGHTING PROJECT" Item Description Qty. Unit Unit price No. Price BASE BID (continued) Install New Function Box as 14 indicated on sheet E-1.4. 1 EA ), 6 CO. r TOTAL BASE BZD AMOUNT Q ro G IN NUMBERS: TO'T'AL BASE BID AMOUNT IN WORDS: OL Lt"_&j y� v L-a"j lact I i Aca. k - Bidder P-3 P R O P O S A L SCHEDULE OF COST AND LUMP SUM AMOUNTS "VICTORIA WINDROWS 2A a 2B GRE'E`NBELT LIGHTING PROJECT" Item Description Qty. Unit Unit Price No Price ADDITIVE BID NO 1 (Greenbelt 2310 Farrington. Street to Pacific Electric Trail to Powell Place) Remove Existing Paseo Lights - Pole, Fixture, Foundation, etc. Contractor to Deliver Poles and Fixtures to City Yard Per 15 Demolition Note 1. Existing Underground Conduit. Remove Existing Conductors, Cut Off +6" Below Grade, Cap Off and Abandon in Place per ]Demolition 16 Note 2. Remove Existing Meter Pedestal and Base. Coordinate Removal with Local Utility Company per 17 Demolition Note 5. Street Crossing for Conduit and Conductors under Farrington Street. Including Costs for Preparing Sane Closure hermit and 18 Traffic Control Per Plan Note G. Install 2" Diameter Conduit per Plan Note 11 and per Typ. Trench 19 Detail I on Sheet E-1.1. Install 2" Diameter Conduit (Plus 2 #8 and 1 410 E/G Conductors) Per Plan Note 12 and Per Typ, 20 Trench Detail 1 on sheet E-1.1. Install New Pullboxes as indicated on sheets E-1.4 and E- 1.5 and Per Pullbox Detail 3 on 21 sheet E-1.2. Install New Paseo Lights - Pole, Fixture, Foundation, etc. Per 22 Plan Note 2 and Plan Note 5. Bidder P-4 a EA 1 LS //00-- j, UDf✓_ — 2 EA SOG- — /j Ox. — 1 LS 1 LS 500 - 1 LS 1 ax, — 1� 000- -- 6 EA ecr)- — y/ 8CO 5 EA 3;-I co., — /S, $GO, . P R 0 P O S A L SCHEDULE OF COST AND ;UMP SUM AMOUNTS "VICTORIA WINDROWS 2A & 2B GREENBELT LIGHTING PROJECT" Item Description Qty. Unit Unit Price No. Price ADDITIVE BID NO 1 (continued) Install 1" Diameter Conduit (Plus 2 ##8 and 1 #10 E/G Conductors) Minimum o; 24" Below Finish Grade 23 Per Plan Note 7. Install I" Diameter Conduit (Plus 2 ##10 and 1 #10 F/G Conductors) Minimum of 24" Below Finish Grade 24 Per Plan Note 1, 1 LS 3q,760. 31,-7V�0_ - 1 LS 71 660 TOTAL ADDITIVE BID NO 1 A �� ` AMOUNT IN NUMBERS: TOTAL ADDITIVE BID NO I / AMOUNT IN WORDS: %� i -f ? yySC- -Bidder P -s P R O P O S A L SCHEDULE OF COST AND LUMP SUM AMOUNTS "VICTORIA WINDROWS 2A & 2B GREENBELT LIGHTING PROJECT" Item Description Qty. Unit unit Price No. Price ADDITIVE BID NO 2 (Greenbelt between Powell Place and Etiwanda Avenue) Remove Existing Paseo Lights - Pole, Fixture, Foundations, etc. Contractor to Deliver Poles and Fixtures to City Yard per 25 Demolition Note 1 Existing Underground Conduit. Remove Existing Conductors, Cut Off +6" Below Grade, Cap Off and Abandon In Place Per Demolition 26 Note 2. Remove Existing Meter Pedestal and }Base. Including Coordination with Local Utility Company per 27 Demolition Note 4. Install 1" Diameter Conduit (plus 2 #10 and 1 #10 E/G Conductors) Minimum of 24" Below Finish Grade 28 Per Plan Note 3. Install New Paseo Lights -- Pole, Fixture, Foundation_, etc. Per 29 Plan Note 2 Remove Existing Calsense Controller, Enclosure and Pad. Provide New Calsense SSE -R Top Entry Enclosure Populated for Existing Calsense ET2000e-40-LR- IZRe Controller, etc. Per Plan 30 Note 4. Install X" Diameter Conduit (plus 2 #12 and 1 #12 E/G Conductors) Minimum of 24" Below Finish Grade 31 Per Plan Note 8. P-6 3 EA 1 L5 5,00,— S 1-- i 1 EA670,. — -500-- /O� 500. -- lo 5,v0—r- 3 EA 5 IPC_ 1 EA 52c(?— 51000. — 1 Ls 500 500-- P R O P O S A L SCHEDULE OF COST AND LUMP SUM AMOUNT'S "VICTORIA WINDROWS 2A & 2E GREENBELT LIGHTING PROJECT'S Item Description Qty. Unit Unit Price No, Price ADDITIVE BID NO 2 icontinv.edj Install New Meter Pedestal and Base. Including Coordination with Local Utility Company. Per 32 Plan Note 10. Install New Junction Bax as 33 Indicated on Sheet E-1.4. 1 EA % Z► 00a ' / Z Oro I EA 6Q%— Coo. TOTAL ADDITIVE BID NO 2 AMOUNT IN NUMBERS: j 2 /C1 -- TOTAL: ADDITIVE BID NO 2 AMOUNT IN WORDS: �� � �✓ p — � d Bidder P-7 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 Thirty (30) working days for the Base Bid plus 10 additional working days for each Additive Bid awarded 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"s 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 1.5 calendar days after award of the contract, the City of Rancho Cucamonga will return the bidder's bond accompanying such proposal not considered in making the award. All other bidders' bonds will be held until the expiration of 90 days from the date of the award of contract. They will then be returned to the respective bidders whose proposals they accompany. BIDDER: 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 evade herein are true and correct in accordance with the requirements of California Business and Professions Code Section 7028.15." California State Contractors License Number P-8 03-3 1R` Expiration Date Sadder Agreement (continued) iqiw6ure Name/Title Signature --- Name/Title Signature Name/Title Signature Name/Title C-g-1d--l�6 Date T Date Date Date Signature and title of the off-icer(s) set forth above shall be authorized to sign contracts on behalf of the corporations, 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. BIDDER INFORMATION The bidder shall furnish the following information. attached if necessary. NAME OF FIRM: Additional sheets may be Type. of Firm: Cor-ooration _ Individual Partnership Business Mailing Address- 31)1 1 J Place of Business: Telephone No.. _ 9oct r y-�]^5�14Lig-{ __...__...,...._ Contractor's License: State: Public Works DIR No._D_OQ�E�S�4 Names and titles of all members of the firm: License No. Number of years as a contractor in construction work of this type____�[]�y�S Three projects of this type recently completed: Contract Amount Type of Date owner's Name & Address Project completed CA-, C)� km*z Coc-oxmc;v�,hi�( _ Z51" /b,'Socl C_y iC, C4 ZL�& 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. P -1Q SUBCONTRACTORS In compliance with Section 2-3 of the Standard Specifications and the Provisions of the Public Contract Code Section 4100, the undersigned bidder herewith sets forth the name, location of the place of business and California Contractors License Number of each subcontractor who will perform work or labor or render service to the general contractor in or about the construction of the work or improvement in an amount in excess of one-half of one percent (1/2%) of the general contractor's total bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of one percent (1/20) of the general contractor's total bid or ten thousand dollars ($10,000.00), whichever is greater and the portion of the work which will be done by each subcontractor as follows: Subcontractor's Business License D1_R Description of Work and Name Address NO. No. Percent M.) of Total Bid Total o of the work to be performed by Subcontractors lasted above: 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-1.1 DECLARA'T'ION OF ELIGIBILITY TO CONTRACT (Labor Code Section 1777.1; Public Contract Code Section 6109) The undersigned contractor, certifies and declares that: 1. The undersigned contractor is aware of Sections 1777.1 and 1777.7 of the California Labor Code, which prohibit a contractor or subcontractor who has been found by the Labor Commissioner or the Director of Industrial Relations to be in violation of certain provisions of the Labor Code, from bidding on, being awarded, or performing work as a subcontractor on a public works project for specified periods of time. 2. The undersigned contractor is not ineligible to laid 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 �dayof V�r�\ 20 at c_ 22_(place of execution), California. Tit Nam P- of ■ s _ �• P-12 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 W TITTLE OF PERSON SIGNING: tss(� JfI+P_f SIGNATURE: -- - -- DATE: 3- 0.-) Please include any additional information available regarding equal opportunity employment programs now in effect within your firm. P-13 NON -COLLUSION DECLARATION The undersigned declares: I am the sJoaaq of �(G1C� _ �'�.; [� the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the badder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. .All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association., organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration_ is executed on ^} (date) , at l ���[���rn�t,,{city) , Cc&R 5A 2'jQN (state). SEE ATTACHER NOTARIAL CERTIFICATE P-14 Signature CALIFORNIA ALL-PURPOSE • -MENT CIVIL CODE • 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Bernardino ) Onsh2k)I�1i.4 before me��� l t� T`:1�� „; Notary Public, Date �, A Here lnkert Name and Title of the Officer personally app who proved to me on the basis of satisfactory evidence to be th�(s) whos na 093f re subscribed to the within instrument and acknowledged to me that he/:they executed—Te e same In hist/their authorized caDn (ies), and that by hls heir I (s) on the instrument the eKs s), or the entity upon behalf of which the rson acted, executed the instrument. ANN MARIE ESCALERA U =��(T_ Commizsion No.2076940 c NOTARY PUBLIC-CAUFORNIA SAN BERNARDINO OpUNTY .......My Comm. EX019ALIGUSTS.2018 ......-------i------.«.....................y.J I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITN S mV, hand and official seal. I Situ g I ' ` Dq Sig ature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General O Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02016 National Notary Association • www.NationaiNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item 45907 BID BOND KNOW AOL MET3Y r s SE PRESENT : T :A.T Torga Electrical as Principals, and The Ohio Casualty Insurance Company as Surety, are held and firmly bound unto THE CITY OF RANCHO Ci3CAe'✓ NGP_, COUNTY O= SK, SEMUMnINO, hereinafter called the City, in the sum of Ten Percent ofthe Total Amount of the Bid (144.0 dol l ar s ( not less than ten percent of C.he total amount of the bid), for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executo;s, 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: "VICTORIA WINDROWS 2A & 23 GREENBELT LIGHTING PRO,3E•CT" 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 bump 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 zha other to guarantee payment for labor and materials, then this obligation Sha i l to null and void, otherwise it shall remain ir'_ full force and effect. in the event suit is brought upon this bond by said City and judgment is racavered, said surety shall nay all costs incurred by said City in suer_ suit, including a reasonable attorney's fee to be fixed by the court, SIGNED AND SEALED, tris 80 day of March Torga Electrical ( Seal) The Ohio Casualty In: Business Name of Bidder (Principal) Business By: SE�_ 3v: _gnata e) Lourdes Title: r;Cis\rA Natir1_� Vie- Title: Alto y -In _ lndividuai Partnership Other, explain 7-2Q 18 :orn an ileal) o' urety Lire} cor porat lrJ=: THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 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. 7355024 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: ThatAmerican Fire & Casualty Company and The Ohio Casually Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutuat Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and WestAmerican 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, Adriana Valenzuela; Lisa Saumur; Lourdes Landa; Mark W. Rossko f all of the city of Anaheim , state of CA each individually if there be more than 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 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 5th day of May 2078 7 PNo CAS& tAV INS& �u.SUq hlvsuR American Fire and Casualty Company -`a �y����� The Ohio Casualty Insurance Company En a 1906 0 0` 1819 > 1972 ` 1ss7 Liberty Mutual Insurance Company m u 3 i t N West American Insurance Company ¢"yl+�trrr/.e545 it. �� 3����kArlo`.�'�'d� 6 495 .�'�• 7 I.Y;; Y2 .N N By. ] STATE OF PENNSYLVANIA ss David M. Care , Assistant Secretary 4-r COUNTY OF MONTGOMERY to 2 On this 51h day of May 2018 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and 0 d 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, ],LLJ p execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. _ 0) ] 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. O 0 PASCOMMONWEALTH OF PENNSYLVANIA �'+ p Q�psortw;�F{{ Notarial Seal M y k v s q EICYT Pastella, Notary PublicB Q of Twp., Montgomery Coun€y y i 'O pTeresa Pastella, Notary Public y Msion Expires March 28, 2017 W C41 Any �p Member, Pennsylvania AssociaUon of Notaries d E C CU 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 .y e ev ; Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: s e ARTICLE IV— OFFICERS —Section 12. Power of Attomey. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject O >: d; 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, �+ y O = 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 d 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 a �p 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 ] -� g 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. ip 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, - °C E! 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, M 0U seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-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 v C executed such instruments shall be as binding as if signed by the president and attested by the secretary. G ce 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- F T 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 attomey 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 full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked, IN TESTIMONY WHEREOF, I have thereunto set my hand and affixed the seals of said Companies thisday of -1 } 20 Qp10 CAS& A� X INsUq p�,1ti5URR PtiIiFSURA 9C�, y`l _��r°�rw: N� ti`s _�oy'%n5r �f'r, �� • °;w°r,�7 't'f. ir�,�E� v p O 1919 n >. or B i 906 o t 912 N 1997 y Gregory W. Davenport, Assistant Secretary 67 of 250 LMS_12873_122013 California All -Purpose Certificate of Acknowledgment A notary public or other officer completing this certificate verges only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On 03/08/2018 before me, personally appeared Lourdes Landa Lisa Marie Saumur, Notary Public who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. u�tuR WITNESS my hand an t ial sea[. OPTIONAL INFORMATION Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of containing pages, and dated The signer(s) capacity or authority islare as: ❑ Individual(s) ❑ Attorney-in-fact ❑ Corporate officers) s) Partner - LimitedlGeneral Trustee(s) ❑ other: representing: },1S!! iE SA r COMM. #2146523 z ° Notary Public - Calftrnia O Z Orange County i Comm. fres mar. 17 20M Method of Signer Identification i Proved to me on the basis of satisfactory evidence: form(s) of identification , credible Winess(es) Notarial event is detailed in notary journal on: i Page n Entry # i Notary contact: Other it 1 ❑ Additional Signer ❑ Signer(s) Thumbprints(s) C O N T R A C T AGREEMENT KNOW ALL MEN BY THESE PRESENT: That the following agreement is made and entered into, in triplicate, as of the date executed by the City Clerk and the Mayor, by and between TORGA ELECTRICAL , 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 "VICTORIA WINDROWS 2A & 2B GREENBELT LIGHTING PROJECT" NOW THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: Contractor shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the "VICTORIA WINDROWS 2A & 2B GREENBELT LIGHTING PROJECT" Said work to be performed in accordance with specifications and standards on file in the office of the City Engineer and in accordance with bid prices hereinafter mentioned and in accordance with the instruction of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The aforesaid specifications are incorporated herein by reference thereto and made a part hereof with like force and effect as if all of said documents were set forth in full herein. Said documents, the Notice Inviting Bids attached hereto, together with this written agreement, shall constitute the entire contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the Contractor whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. TERMS OF CONTRACT: The undersigned bidder agrees to execute the contract within fifteen (15) days from the date of notice of award of the contract or upon notice by City after the fifteen (16) days, and to complete his portion of the work within Thirty (30) working days for the Base Bid plus Ten (10) additional working days for each Additive Bid awarded from the date specified in the Notice to Proceed. The bidder agrees further to the assessment of liquidated damages in the amount of $1,600.00 for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the Contractor under this contract. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. C-1 4. INSURANCE: The Contractor shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the Contractor allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The Contractor shall take out and maintain at all time during the life of this contract the following policies of insurance: a. Workers Compensation Insurance: Before beginning work, the Contractor shall furnish to the Engineer a certificate of insurance as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to his employees. Contractor, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract." b. For all operations of the Contractor or any subcontractor in performing the work provided for herein, insurance with the following minimum limits and coverage: (1) General Liability - Bodily Injury (not auto) $2,000,000 each person; $2,000,000 each accident. (2) General Liability - Property Damage (not auto) $1,000,000 each accident; $2,000,000 aggregate. (3) Contractor's Protective -- Bodily Injury $1,000,000 each person; $2,000,000 each accident. (4) Contractor's Protective -- Property Damage $1,000,000 each accident; $2,000,000 aggregate. (5) Automobile - Bodily Injury $2,000,000 each person; $3,000,000 each accident. (6) Automobile - Property Damage $2,000,000 each accident. C. 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 VTI or higher established by A.M. Best Company Rating Guide; C-2 (2) Name as additional insured the City, its elected officials, officers, agents and employees, and any other parties specified in the bid documents to be so included; (3 ) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under said policy; (4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." (5) Otherwise be in form satisfactory to City. d. The policy of insurance provided for in subparagraph "a." shall contain an endorsement which: (1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c. (2) hereof to be listed as additional insured in the policy of insurance provided for in paragraph "b." by reason of any claim arising out of or connected with the operations of Contractor or any subcontractor in performing the work provided for herein; (2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The Contractor shall at the time of the execution of the contract present the original policies of insurance required in paragraphs "a." and "b." hereof, or present a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. Refer to Appendix Item 3 of the Special Provisions for an example of an approved set of Certificates of Insurance. The "Name(s), Organization(s) and/or Political Subdivision(s)" in the "Additional insured..." form(s) and in the "Waiver..." form(s) must be worded exactly as shown on the example. 5. PREVAILING, WAGE. Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in holiday and 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 them wages are on file in the office of the City Clerk of the City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. Pursuant to provisions of Labor Code Section 1775, the Contractor shall C-3 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. 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-5 c. In the event City is made a party to any action or proceeding filed or prosecuted against the Contractor for damages or other claims arising out of or in connection with the project, operation, or activities of the Contractor hereunder, the Contractor agrees to pay to City any and all costs and expenses incurred by City in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the Contractor under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damage as aforesaid. 10. NON-DISCRIMINATION: No discrimination shall be made in the employment of persons upon public works because of age, disability, race, color, religion, sex, sexual orientation or national origin of such persons, and every -contractor for public works violating this section is subject to all the penalties imposed for a violation of Division 2, Part 7, Chapter 1 of the Labor Code in accordance with the provisions of Section 1735 of said Code. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the Contractor for furnishing the material and doing the prescribed work per the unit prices set forth in accordance with Contractor's Proposal. IN WITNESS WHEREOF, the parties hereto have caused these present to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures. State of California Contractor's License #: Date By: Title By: Title CITY OF RANCHO CUCAMONGA, CALIFORNIA 913007 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 C-6 Emergency C O N T R A C T FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENT: THAT TORGA ELECTRICAL as Principal, and , as Surety, are held and firmly bound unto the City of Rancho Cucamonga, hereinafter called City, in the just and full amount of Two Hundred Fifty Seven Thousand Two Hundred Eighty Dollars (Written) $ 257,280 (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 "VICTORIA WINDROWS 2A & 2B GREENBELT LIGHTING PROJECT" in accordance with the AGREEMENT dated , which said contract is hereby referred to and made a part hereof to the same extent as if the same were herein specifically set forth; NOW, THEREFORE, if the said principal shall well and truly do and perform all things agreed by the principal in said contract to be done and performed, then this obligation is to be void; otherwise it will remain in full force and effect; PROVIDED, that for value received the undersigned stipulate and agree that no amendment, change, extension of time, alteration or addition to said contract, or agreement, or of any feature or item or items of performance required therein or thereunder shall in any manner affect the obligations of the undersigned under this bond; and the surety does hereby waive notice of such amendment, limitation of time for bringing action on this bond by the City, change, extension of time, alteration or addition to said contract or agreement and of any feature or time of performance required therein or thereunder. WITNESS our hands this day of By: Surety: Individual Other, explain Title. By: Partnership Corporation 20 SIGNATURES OF CONTRACTOR MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC. PLEASE ATTACH APPROPRIATE ACKNOWLEDGMENT FORMS (INDIVIDUAL, PARTNERSHIP, CORPORATION, ETC.). B-1 Bond No. PAYMENT BOND (Labor and Materials) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the CITY OF RANCHO CUCAMONGA (name of City) ("City") has awarded to Torga Electrical 3224 North D Street San Bernardino, CA 92405 (Name and address of Contractor) ("Principal"), a contract (the "Contract") for the work described as follows: "VICTORIA WINDROWS 2A & 2B GREENBELT LIGHTING PROJECT" WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law. NOW THEREFORE, we, the undersigned Principal., and (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto City in the penal sum of Two Hundred Fiftv Seven Thousand Two Hundred Eighty Dollars ($ 257,280 ), 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) 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 e deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Date: "Principal" By: Its By: Its "Surety" By: Its By: Its (Seal) (Seal) Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. B-3 C O N T R A C T WORKER'S COMPENSATION INSURANCE CERTIFICATE The Contractor shall execute the following form as required by the California Labor Code, Sections 1860 and 1861: I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date (Contractor) Attest: By: (Signature) (Title) By: (Signature) (Title) INS -1 CITY OF RANCHO CUCAMONGA SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION The work shall be done in accordance with the "Green Book" Standard Specifications for Public Works Construction 2015 edition and 2016 Supplement written and promulgated by the Southern California Chapter of the American Public Works Association and the Southern Distract 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 Pro'v'isions, shall for the purpose of the Contract have the meaning hereinafter assigned to them. Agency: The City of Rancho Cucamonga. Board: The City Council of the City of Rancho Cucamonga. Engineer: The Public Works Services Director of the City of Rancho Cucamonga, acting personally or through agents or assistants duly authorized by him. The following shall be added: City: City of Rancho Cucamonga, San Bernardino County, California. Major Bid Item: A single Contract item constituting 10 percent or more of the original Contract Price. Substantial Completion: Means the project can be used for its intended purpose as determined by the Engineer. GP -1 SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF CONTRACT The following subsection shall be added to subsection 2-1: 2-1.1 DESCRIPTION OF WORK The scope of work to be performed in general consists of, but not limited to, the removal and replacement of existing aseo lighting (fixtures, poles, foundations, etc.) along with conduit, 2ullboxes and wiring. The project also includes the removal and replacement of existing controller, enclosure and pad along with the removal of existing meters. 2-4 CONTRACT BONDS Delete the second sentence of the fourth paragraph and add the following: The "Performance Bond" shall remain in force until the acceptance of the Work by the Board. The bond shall be maintained by the Contractor in full force and effect until thirty-five days after recordation of the Notice of Completion and acceptance of a "Maintenance Surety Bond" per Section 4-1.1. 2-5 PLANS AND SPECIFICATIONS 2-5.1 General. Add the following after the third paragraph: While it is believed that much of the information pertaining to conditions, which may affect the cost of the Work, will be shown on the Plans or indicated in the Specifications, the Agency does not warrant the completeness or accuracy of such information. The Contractor shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work site prior to submitting the Bid. Existing improvements visible at the Work site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work, shall be removed and disposed of by the Contractor. The following paragraphs shall be added following the last paragraph: If the Contractor, either commencing work or in the course of the work, finds any discrepancy between the Specifications and the Plans, or between either, and the physical conditions at the site of the work, or finds any error or omission in any of the Plans, or Specifications or survey, he shall promptly notify the Engineer in writing of any such discrepancy, error, or omission. If the Contractor observes that any of the Plans or Specifications are at variance with any applicable law, ordinance, regulation, order or decree, he shall promptly notify the Engineer in writing of such conflict. GP -2 The Engineer on receipt of any such notice shall promptly investigate the circumstances and give appropriate instructions to the Contractor. Until such instructions are given, any work done by the Contractor, either directly or indirectly, after his discovery of such error, discrepancy, or conflict, will be at his own risk, and he shall bear all costs arising therefrom. 2-5.2 Precedence of Contract Documents. The following paragraph shall be added following paragraph two: Should it appear that the work to be done or any matter relative thereto is not sufficiently detailed or explained by the specifications, the Contractor shall apply to the Engineer for such further explanation as may be necessary and shall conform to such explanation or interpretation as part of the Contract so far as may be consistent with the intent of the original plans and specifications. In the event of any discrepancy between any drawing and the figures written thereon, the figures shall be taken as correct. 2-5.4. As Built Plans. Add the following subsection: The Contractor shall maintain a control set of Plans and Specifications on the project site at all times. All final locations determined in the field, and any deviations from the Plans and Specifications, shall be marked in red on this control set to show the as -built conditions. Upon completion of all work, the Contractor shall return the control set to the Engineer. Final payment will not be made until this requirement is met. 2-6 WORK TO BE DONE The following paragraphs shall be added following paragraph one: All work which is defective in its construction or deficient in any of the requirements of the Plans and Specifications shall be remedied or removed and replaced by the Contractor in an acceptable manner at his own expense. No compensation will be allowed for any work done beyond the lines and grades shown on the Plans or established by the Engineer. Upon failure on the part of the Contractor to comply with any order of the Engineer made under the provisions of this article, the Engineer and City may cause the defective work to be remedied or removed and replaced at the expense of the Contractor. Any unauthorized or defective work, defective material or workmanship or any unfaithful or imperfect work that may be discovered before final acceptance of work by the board shall be corrected immediately with no extra charge even though it may have been overlooked in previous inspections and estimates or may have been caused due to failure to inspect the Work. 2-10 AUTHORITY OF THE BOARD AND THE ENGINEER The following paragraphs shall be added following paragraph two: GP -3 All authorized alterations affecting the requirements and information given on the approved plans shall be in writing. No changes shall be made on any plan or drawing after the same has been approved by the Engineer, except by direction of the Engineer in writing. Deviations from the approved plans, as may be required by the exigencies of construction, will be determined in all cases by the Engineer and authorized in writing. All instructions, rulings and decisions of the Engineer shall be in writing and binding on all parties unless formal protest is made as provided in the following paragraph: If the Contractor considers any work demanded of him to be outside the requirements of the contract, or if he considers any instruction, ruling or decision of the Inspector or Engineer to be unfair, he shall within ten (10) days after any such demand is made, or instruction, ruling or decision is given, file a written protest with the Engineer, stating clearly and in detail his objections and reasons therefore. Except for such protests and objections as are made of record in the manner and within the time above stated, the Contractor shall be deemed to have waived and does hereby waive all claims for extra work, damages and extensions of time on account of demands, instructions, rulings and decisions of the Engineer. Upon receipt of any such protest from the Contractor, the Engineer shall review the demand, instruction, ruling or decision objected to and shall promptly advise the Contractor, in writing, of his final decision, which shall be binding on all parties, unless within the ten days thereafter the Contractor shall file with the Board a formal protest against said decision of the Engineer. The Board shall consider and render a final decision on any such protest within thirty (30) days of receipt of same. The following subsection shall be added: 2-13 CLAIMS DISPUTE RESOLUTION In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of Work, but shall proceed with the performance of the Work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The Disputed Work will be categorized as an "unresolved dispute" and payment, if any, shall be as later determined by agreement or a court of law. The Contractor shall keep accurate, detailed records of all Disputed Work, claims and other disputed matters. All claims arising out of or related to the Contract Documents or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to the dispute procedures set forth in Public Contract Code Section 9204 and Public Contract Code Section 20104, et seq. (Article 1.S), to the extent each is applicable. This Contract hereby incorporates those provisions as through fully set forth herein. Thus, the Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with section 9204 and Section 20.04 et seq. (if applicable), and must then adhere to Section 20104, et seq, and Section 9204, as applicable, pursuant to the definition of "claim" as individually defined therein. GP -4 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 GP -5 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 S percent of the subcontracted portion of the extra work may be added by the Contractor. GP -6 SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1,1 General. The following paragraphs shall be added following paragraph three: Used or secondhand materials, parts, and equipment may be used only if permitted by the specifications. The Contractor shall guarantee the entire work constructed by him under the contract to be free of defects in materials and workmanship for a period of one year following the date of acceptance of the work by the Board. The Contractor shall agree to make, at his own expense, any repairs or replacements made necessary by defects in materials or workmanship, which become evident within the warranty period. The Contractor shall further agree to indemnify and save harmless the City and Engineer, and their officers, agents and employees, against and from all claims and liability arising from damage and injury due to said defects. The Contractor shall make all repairs and replacements promptly upon receipt of written order from the Engineer. If the contractor fails to make the repairs and replacements promptly, the City may do the work and the Contractor and his surety shall be liable to the City for the cost of the work. The guarantee and conditions specified above shall be secured by a surety bond, which shall be delivered by the Contractor to the City prior to the date on which final payment is made to the Contractor. Said bond shall be in an approved form and executed by a surety company or companies satisfactory to the City, in the amount of ten percent (100) of the contract price, or $1,000.00, whichever is greater. Said bond shall remain in force for the duration of the warranty period specified. 4-1.3 Inspection Requirements. The text of Subsection 4-1.3.1 "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 GP --7 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 duality control. Manufacturers' warranties, guarantees, instruction sheets and parts lists, which are furnished with certain articles of materials incorporated in the work, shall be delivered to the Engineer before acceptance of the contracts. The Engineer may inspect the production of material., or the manufacture of products at the source of supply. Plant inspection, however, will not be undertaken until the Engineer is assured of the cooperation and assistance of both the Contractor and the material producers. The Engineer or his authorized representative shall have free entry at all times to such parts of the plant as concerns the manufacture or production of the materials. Adequate facilities shall be furnished free of charge to make the necessary inspection. The City assumes no obligation to inspect materials at the source of supply. 4-1.4 Test of Materials. The first paragraph shall be deleted and replaced with the following paragraphs: Before incorporation in the Work, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the Agency. The Contractor, at its expense, shall deliver the materials for testing to the place and at the time designated by the Engineer. Except as elsewhere specified, the City will bear the cost of testing material and/or workmanship, which meet or exceed the requirements indicated in the Standard Specifications and the Special Provisions. The cost of all other tests, including the retesting of material or workmanship that fails to pass the first test, shall be borne by the Contractor. The Contractor shall at his expense furnish the City, in triplicate, certified copies of all required factory and mill test reports. Any materials shipped by the Contractor from a factory or mill prior to having satisfactorily passed such testing and inspection by a representative of the City shall not be incorporated in the work, unless the Engineer shall have notified the Contractor, in writing, that such testing and inspection will not be required. 4-1.5 Certificate of Compliance. Add the following paragraphs at the end of the subsection: A Certificate of Compliance shall be furnished prior to the use of any materials for which these specifications or the special provisions require that such a certificate be furnished. In addition, when so authorized in these specifications or in the special provisions the Engineer may permit the use of certain materials or assemblies prior to sampling and testing if accompanied by a Certificate of Compliance. The certificate shall be signed by the manufacturer of the material or the manufacturer of assembled materials and shall state that the materials involved comply in all respects with the GP -8 requirements of the specifications. A Certificate of Compliance shall not relieve the Contractor or responsibility for incorporating material in the work which conforms to the requirements of the plans and specifications, and any such material not conforming to such requirements will be subject to rejection whether in place or not. The City reserves the right to refuse to permit the use of material on the basis of a Certificate of Compliance. The form of the Certificate of Compliance and its disposition shall be as directed by the Engineer. GP -9 SECTION 5 - UTILITIES 5-1 LOCATION 5-1..1 General. Add the following after the first paragraph: The location and existence of any underground utility or substructure was obtained from a search of available records. No guarantee is made or implied that the information is complete or accurate. It shall be the Contractor's responsibility alone to determine the exact location of underground utilities or substructures of every nature and to protect them from damage. The Contractor shall excavate and expose all high-risk underground facilities. The Contractor shall notify the owners of all utilities and substructures as set forth in these Special Provisions. 5-1.2 Payment. The text of the subsection shall be deleted and replaced with the following: Any utility locations that are indicated on the plans to be potholed prior to construction will be paid for at the unit cost bid in the proposal. For all other utilities, if no pay item is provided, full compensation for such work shall be considered as included in the prices bid for other items of work. 5-4 RELOCATION Add the following paragraph at the end of the subsection: Any facilities to be relocated by the Contractor, as indicated on the plans, shall be relocated in a workmanlike manner. All such work shall be done only at such times which are acceptable to the owner. The Contractor shall schedule his relocation work in cooperation with the owner and shall be responsible for any costs resulting from the Contractor's failure to do the work at times which are acceptable to the owner. The Contractor shall notify owners as least two (2) working days in advance of any work on any of their utilities. The following subsection shall be added: 5-7 UTILITY CONNECTION For utility connections to City owned facilities, the Contractor shall take all action necessary to ensure that such utilities are placed in the City's name. GP -1D SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-1.1 Construction Schedule Add the following paragraphs at the end of this subsection: Prior to the commencement of construction, arrangements will be made by the City for a meeting between the Contractor, the Engineer, Utility Representatives, designers and others as may be involved with the project. The purpose of this meeting is to coordinate the activities of the Contractor within the limits of this contract, review utility conflicts, review scheduling, discuss construction methods and clarify inspection procedures, etc. The Contractor shall submit at this meeting, for approval by the Engineer, the proposed construction schedule. The Contractor shall submit Progress Reports to the Engineer by the tenth day of each month. The report shall include an updated Construction Schedule. Any deviations from the original schedule shall be explained. Progress payments will be withheld pending receipt of any outstanding reports. 6-3 SUSPENSION OF THE WORK 6-3.1 General. Add the following paragraph following paragraph one: In the event a suspension of work is ordered because of failure on the part of the Contractor to carry out orders given or to perform any provisions of the work, such suspension of work shall not relieve the Contractor of his responsibility to complete the work within the time limit set forth herein and shall not be considered cause for extension of the time for completion, and further, such suspension of work shall not entitle the Contractor to any additional compensation. 6-7 TIME OF COMPLETION 6-7.2 Working Day. The following subsection shall be added: This project is within a residential neighborhood. To avoid disturbing residents of nearby houses, the Contractor's working day activities shall be limited to the hours between 8:00 A.M. and 5:00 P.M., Monday through Friday, excluding recognized City holidays and any City holiday closure period. See Appendix 2 "City Working Day Calendar". The working day shall encompass 8 hours from start to finish, including clean-up and securing the work site. Deviation from normal working hours will not be allowed without prior consent of the Engineer. Work near schools or located on major arterials may be subjected to additional working hour provisions. In the event work is allowed by the Engineer outside of the normal working hours, at the request of and for the benefit of the Contractor, inspection service fees may be levied against the Contractor at the current rate per hour, GP -l1 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 the quality of the work. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY. 6-8.1 Completion. Delete the following from the last sentence: "...and to which liquidated damages will be computed." 6-8.3 Warranty. The first paragraph shall be deleted and replaced with the following: All work shall be warranted by the Contractor against defective workmanship and materials for a period of 1 year from the date of the acceptance of the work by the Board. The following shall be added to the end of the second paragraph: In addition, manufacturers` warranties, guarantees, instruction sheets and parts list, which are furnished with articles or materials incorporated in the work, shall be delivered to the Engineer before acceptance of the work by the City. 6-9 LIQUIDATED DAMAGES The last sentence of paragraph one shall be deleted and replaced with the following: For each consecutive calendar day in excess of the time specified in Item 3 of the Contract Agreement, as adjusted in accordance with Subsection 6-6, for completion of the Work the Contractor shall pay to the Agency, or have withheld from monies due it, the sum of $1,600 per calendar day unless otherwise provided in the Specifications. The last paragraph shall be deleted and replaced with the following: Execution of the Contract shall constitute agreement by the Agency and the Contractor that $1,600.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. The following paragraph shall be added at the end of the subsection: The Engineer will set forth in writing the date of Substantial Completion of the work and this will be the date which liquidated damages will be computed. GP -12 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 1, Article 2, "Wages," Article 3, "Working Hours." Attention is also directed to the provisions in Section 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. The following subsection shall be added: 7-2.6 Job Site Notice. Pursuant to the Labor Code, Division 2, Part 7, Chapter 1, Section 1771.4 (a) (2) , the prime contractor shall post job site notices, as prescribed by regulation. 7-3 INSURANCE The text of this entire subsection, except the last paragraph under subsection 7-3.1 and entire subsection 7-3.3 (Workers' Compensation Insurance), shall be deleted and replaced with the following in accordance to the City's "Contract Agreement": The Contractor shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to the City nor shall the Contractor allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The Contractor shall take out and maintain at all times during the life of this contract the following policies of insurance: GP -13 a. Compensation Insurance: Before beginning work, the Contractor shall furnish to the Engineer a certificate of insurance as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of compensation to his employees. Contractor, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract." b. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: (1) Waives all right of subrogation against all persons and entities specified in subparagraph 7-3 d.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph c. by reason of any claim arising out of or connected with the operations of Contractor or any subcontractor in performing the work provided for herein; (2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. c. For all operations of the Contractor or any subcontractor in performing the work provided for herein, insurance with the following minimum limits and coverage: (1) Public Liability - Bodily Injury (not auto) $2,000,000 each person; $2,000,000 each accident. (2) Public Liability - Property Damage (not auto) $1,000,000 each accident; $2,000,000 aggregate. (3) Contractor's Protective - Bodily Injury $1,000,000 each person; $2,000,000 each accident. (4) Contractor's Protective - Property Damage $1,000,000 each accident; $2,000,000 aggregate. (5) Automobile - Bodily Injury $2,000,000 each person; $3,000,000 each accident. (6) Automobile - Property Damage $2,000,000 each accident. GP -14 d. Each such policy of insurance provided for in paragraph c. shall: (1.) Be issued by an insurance company approved in writing by City, which is qualified to do business in the State of California. The insurance company shall have a policy holder rating of A or higher and a Financial Class VII or higher established by A.M. Best Company Rating Guide; (2) Name as additional insured the City of Rancho Cucamonga, its elected officials, officers, agents and employees, and any other parties specified in the bid documents to be so included: (3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insureds shall be called upon to cover a loss under said policy; (4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." (5) Otherwise be in form satisfactory to City. e. The Contractor shall at the time of the execution of the contract present the original policies of insurance required in paragraphs a. and c. hereof, or present a certificate of the insurance company showing the issuance of such insurance, and the additional insureds and other provisions required herein. Refer to Appendix Item 3 for an example of an approved set of Certificates of Insurance. The "Name(s), Organization(s) and/or Political Subdivision (s) "I in the "Additional Insured..." form(s) and in the "Waiver..." form(s) must be worded exactly as shown on the example. The Contractor's insurance company or companies may charge an additional premium to include the City required exact wording on these Certificates of Insurance endorsements. The Bidder's bid proposal shall include the cost of these premium(s), if any. 7-5 PERMITS The entire text of Subsection 7-5 is deleted and replaced with the following: Prior to the start of any work, the Contractor shall obtain the applicable City permits and make arrangements for City inspections. The City will issue the permits at no charge to the Contractor. The Contractor and all subcontractors shall each obtain a City business license, and shall be licensed in accordance with State Business and Professions Code. The Contractor shall also obtain any and all other permits, licenses, inspections, certificates, or authorizations required by any governing body or entity. GP -15 The Contractor shall submit a Temporary Use Permit application to the Code Enforcement Office of the Planning Division of the City before utilizing a temporary construction storage site. The application shall state the site's intended use and include a map showing the location of the temporary storage area in relation to the project area along with proposed ingress and egress routes. Permit submittal information can be obtained from Code Enforcement, (909) 477-2720. In the event that the City has obtained permits, licenses or other authorizations applicable to the work from other agencies, the Contractor shall comply with the provisions of said permits, licenses and other authorizations. Any charges for permit fees, licenses, inspection fees, certificates, insurance, authorizations, bonds that are required by any other governing body entity, utilities, railroads, agency shall be paid for by the Contractor. The actual costs of these charges to the Contractor shall be reimbursable by the City. 7-6 THE CONTRACTOR'S REPRESENTATIVE The following paragraphs shall be added following paragraph one: The Contractor shall file with the Engineer the addresses and telephone numbers where he or his designated representative may be reached during hours when the work is not in progress, so that 24-hour, 7 -days -a -week contact can be maintained. Instructions and information given by the Engineer to the Contractor's authorized representative or at the address or telephone numbers filed in accordance with this section shall be considered as having been given to the Contractor. 7-8 WORK SITE MAINTENANCE 7-8.3 Noise Control. The text of the subsection shall be deleted and replaced with the following: Noise generated from the Contractor's operations shall be controlled as specified by City Ordinance_ The use of excessively loud warning signals shall be avoided except in those cases required for the protection of personnel. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS The second paragraph is deleted and replaced with the following paragraphs: The Contractor shall relocate, repair, replace or reestablish all existing improvements within the project limits which are not designated for removal GP -16 (e.g., curbs, sidewalks, driveways, fences, walls, irrigation systems, signs, utility installations, pavements, structures, landscaping etc.) which are damaged or removed as a result of his operations or as required by the Plans and Specifications. Damaged or removed traffic signal detector loops and or irrigation systems shall be replaced or repaired and returned to service within 72 hours except as directed by the Engineer. Where existing traffic striping, pavement markings, and curb markings are damaged or their reflectivity reduced by the Contractor's operations, such striping or markings shall also be considered as existing improvements and the Contractor shall repaint or replace such improvements. Relocations, repairs, replacements or re -establishments shall be at least equal to the existing improvements and shall match such improvements in finish and dimensions unless otherwise specified. The last paragraph is deleted and replaced with the following: All costs to the Contractor for protecting, removing, restoring, relocating, repairing, replacing, or re-establishing existing improvements shall be included in the Bid. 7-10 SAFETY The following subsections shall be added: 7-10.1 Access 7-10.1.1 General. The Contractor shall notify the occupants of all affected properties at least seventy-two hours prior to any temporary obstruction of access. Vehicular access to property line shall be maintained except as required for construction for a reasonable period of time. No overnight closure of any driveway will be allowed except as permitted by the Engineer. At least one twelve foot wide traffic lane shall be provided for each direction of travel on all streets at all times except as permitted by the Engineer. The traffic lanes shall be maintained on pavement, and shall remain unobstructed. Clearances from traffic lanes shall be five feet to the edge of any excavation and two feet to the face of any curb, pole, barricade, delineator, or other vertical obstruction. 7-10.2 Work Area Traffic Control 7-10.2.1 General. The Contractor shall prepare a permit application for street closure and shall attach two copies of the proposed traffic control signing, barricading GP -17 and/or detour routing. The permit application and accompanying attachments shall be reviewed by the City Traffic Engineer. Upon the Traffic Engineer's approval, a no -fee Street Closure Permit shall be issued. No Street Closure, Lane Closure, Detour or other work requiring traffic control shall commence prior to issuance of said permit. The Contractor shall provide and install barricades, delineators, warning devices and construction signs in accordance with the current California Joint Utility Traffic Control Manual (CJUTCM) published by the California Inter - Utility Coordinating Committee, the Work Area Traffic Control Handbook (WATCH) and the current Caltrans Manual of Traffic Controls for Construction and Maintenance Work Zones unless otherwise approved by the Engineer. During adverse weather or unusual traffic or working conditions additional traffic devices shall be placed as directed by the Engineer. Should the Contractor fail to furnish a sufficient number of traffic and/or pedestrian safety devices, the City will place such necessary items and the Contractor shall be liable to the City for providing such devices in accordance with the following provisions: 1. Rental Rates A. Type I or II Barricades - $5.00 per barricade for the first day or any part thereof and $2.00 per barricade per day for each day thereafter or any part thereof. B. Type III Barricades - $15.00 per barricade for the first day or any part thereof and $5.00 per barricade per day for each day thereafter or any part thereof. C. Flashers - $5.00 per flasher for the first day or any part thereof and $2.00 per flasher per day for each day thereafter or any part thereof. D. Construction Signs - $5.00 per construction sign for the first day or any part thereof and $2.00 per construction sign per day for each day thereafter or any part thereof. E. Cones - $1.00 per cone for each day or any part thereof. 2. Replacement Charges A. Type I or II Barricades - $20.00 per Type I or II barricade that is lost or damaged. B. Type III Barricades - $100.00 per Type III barricade that is lost or damaged. C. Flasher - $15.00 per flasher that is lost or damaged. D. Signs - $30.00 per sign that is lost or damaged. GP -18 E. Cones - $5.00 per cone that is lost or damaged. 3. Service Charges A. Service trips between the hours of 7:00 A.M. and 3:00 P.M. - $30.00 per hour, two hour minimum each service trip. B. Service trips between the hours of 3:00 P.M. and 7:00 A.M., or any time on Saturday, Sunday, or a City Holiday - $35.00 per hour, two hour minimum each service trip. Judgment as to adequate or sufficient barricading shall be that which is adequate or sufficient in the opinion of the Engineer. The Contractor shall relocate, preserve and maintain the visibility of all existing signs within the project limits which affect the flow of traffic, as directed by the Engineer. Any signs which are damaged or found to be missing during the course of construction shall be replaced by the Contractor at his expense as directed by the Engineer. All other signs that interfere with the course of work and are not necessary for the safe flow of traffic will be removed and replaced by the City. Traffic control signs include Stop Signs, Speed Limit, Parking Restriction and other regulatory signs. The Contractor shall not close any street within the City of Rancho Cucamonga without first obtaining the approval of the Engineer. Lane closures on four lane streets shall be restricted to between, the hours of 8:30 AM and 4:00 PM. 7-10.4 Safety. 7-10.4.2.3 Payment. The entire text of the subsection is deleted and replaced with the following: Payment for performing all work necessary to provide safety measures or compliance with the provisions of the safety orders and all other laws, ordinances, and regulations shall be included in the various bid items, except where separate bid items for excavation safety are provided or required by law. The following subsection shall be added: 7-10.4.7 Protection of Public. Whenever the construction occurs within a developed residential area and/or through a school site, the Contractor shall take all necessary precautions to protect the public, especially children, from the hazards of open excavations. Trenches shall either be covered or adequately fenced at night and on weekends or whenever operations are not in actual process. Unusual conditions may arise on the project, which will require that immediate and unusual provision be made to protect the public from danger or loss or damage to life and property, due directly or indirectly to the progression of the work. It is part of the service required of the Contractor to make such provisions and to furnish such protection. GP -19 The Contractor shall use such foresight and shall take such steps and precautions as his operations make necessary to protect the public from danger or damage, or loss of life or property, which would result from the interruption or contamination of public water supply, irrigation or other public service or from the failure of partly completed work. Whenever, in the opinion of the City, an emergency exists against which the Contractor has not taken sufficient precaution for the safety of the public or the protection of utilities or of adjacent structures or property or if immediate action shall be considered necessary in order to protect public or private personnel or property interest, or prevent likely loss of human life or damage on account of the operations under the contract, then and in that event the City may provide suitable protection to said interest by causing such work to be done and material to be furnished, as, in the opinion of the City may seem reasonable and necessary. The cost and expense of said labor and material together with the cost and expense of such repairs as may be deemed necessary shall be borne by the Contractor, and if he shall not pay said cost and expense upon presentation of the bills therefore, duly certified by the Engineer, then said costs and expense will be paid by the City and shall thereafter be deducted from any amounts due, or which may become due said Contractor. Failure of the City, however, to take such precautionary measure, shall not relieve the Contractor of his full responsibility for public safety. The following subsection shall be added: 7-10.6 Storage of Equipment and Materials in Public Streets. Construction materials shall not be stored in streets, roads, or highways for more than 5 days after unloading. All materials or equipment not installed or used in construction within 5 days after unloading shall be stored elsewhere by the Contractor at their expense unless authorized additional storage time. Construction equipment shall not be stored at the work site before its actual use on the work or for more than 5 days after it is no longer needed. Time necessary for repair or assembly of equipment may be authorized by the Engineer. Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be stored in public streets unless otherwise permitted. After placing backfill, all excess material shall be removed immediately from the site. The foregoing provisions are in addition to and not in limitation of any other rights or remedies available to the City. 7-13 LAWS TO BE OBSERVED The following paragraphs shall be added after paragraph one: GP -20 If a discrepancy or inconsistency is discovered in the Plans, Drawings, Specifications or Contract for the work in relation to any such law, ordinance, regulation, order or decree, the Contractor shall forthwith report the same to the Engineer in writing. Per City Municipal Code Section 8.17.050/8.19.051, if the Contractor finds it necessary to make use of a refuse hauling service, only the City Franchised Hauler shall be used. Contact Burrtec Waste Industries at (909) 987-3717. The following subsection shall be added: 7-15 PAYROLL RECORDS The Contractor and each of his subcontractors shall prepare payrolls on forms prescribed and in accordance with instructions furnished by the City. Within seven (7) days after the regular payment date of the payroll, the Contractor shall deliver to the City a certified and legible copy of each payroll. Such payroll shall be sworn to in accordance with the federal regulations made pursuant to the "Kick Back Statute." Such copies of payrolls shall be accompanied by substantial proof that all bills for services rendered and materials supplied have been duly paid for. The Contractor shall not carry on his payroll any person not employed by him. Employees of a subcontractor must be carried on the rolls of the employing subcontractor. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. For all new projects awarded on or after April 1, 2015, the contractors and subcontractors must furnish electronic certified payroll records to the Labor Commissioner. The requirement to furnish electronic certified payroll records to the Labor Commissioner will apply to all public works projects, whether new or ongoing, beginning January 1, 2016. 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. GP -21 The Contractor further agrees that the amount to be withheld pursuant to this paragraph may be in addition to the percentages to be retained by the City pursuant to other provisions of this contract. GP -22 SECTION 8 - FACILITIES FOR AGENCY PERSONNEL The provisions of this section shall be deleted and replaced with the following: Field offices for City personnel are not required; however, City personnel shall have the right to enter upon the project at all times and shall be admitted to the offices and sanitary facilities provided by the Contractor for use by his own personnel. GP -23 SECTION 9 -- MEASUREMENT AND PAYMENT 9-3 PAYMENT 9-3.1 General. The following paragraphs shall be added at the end of the subsection: Whenever the Contractor is required to perform work or furnish equipment, labor, tools and materials of any class for which no price is fixed in the Proposal, it shall be understood that such work, equipment, labor, tools and material shall be provided without extra charge, allowance, or direct payment of any kind. The cost of performing such work or furnishing such equipment, labor, tools and materials shall be included in the unit bid prices in the proposal and no additional compensation will be made therefore. If any portion of the work done or materials furnished under the Contract shall prove defective or not in accordance with the specifications and contract drawings, and if the imperfection in the same shall not be of sufficient magnitude or importance to make the work dangerous or undesirable, the Engineer shall have the right and authority to retain the work instead of requiring it to be removed and reconstructed, but he shall make such deductions therefor in the payment due the Contractor as may be just and reasonable. 9.3.2 Partial & Final Payment. Paragraph two shall be deleted and replaced with the following paragraph: On the work day following the designated closure date for preparation of progress estimates, the Contractor shall submit to the Engineer a written progress estimate based on the Contract Unit Prices or as provided for in Subsection 9-2 of the work that has been satisfactorily completed. The Engineer will review the estimate and approve it or notify the Contractor of any exceptions. The Engineer will determine and prepare the partial and final payments. If the Contractor fails to submit a written progress estimate, the Engineer will determine the quantity of work performed. No such progress estimate will be required nor payment will be made when the total number of working days is twenty-five (25) or less or when the value of the work totals less than five hundred dollars ($500.00). Progress payment will, when properly completed as specified, be paid within 30 calendar days of submittal, and it is understood that any delay in the preparation, approval and payment of these demands will not constitute a breach of contract on the City. 9-3.3 Delivered Materials. The text of this subsection shall be deleted and replaced with the following: Materials and equipment delivered but not incorporated into the work will not be included in the estimate for progress payment. GP -24 PART 2 CONSTRUC'T'ION MATERIALS SECTION 200 - ROCK MATERIALS 200-1 ROCK PRODUCTS 200-1.4 Coarse Aggregate for Portland Cement Concrete, The Cleanness Value requirement shall be replaced with the following: Tests Cleanness Value Individual Test Moving Average 200-1.5 Sand Test Method California 227 200-1.5.3 Sand for Portland Cement Concrete. requirement shall be replaced with the following: Tests Test Method Sand Equivalent California 217 Individual Test Moving Average 200-2 UN'T'REATED BASE MATERIALS Requirements 70 Min, 75 Min. The Sand Equivalent Requirements 70 Min. 75 Mira.. 200-2.1 General. The first paragraph shall be deleted and replaced with the following: Untreated base shall be Crushed Aggregate Base. The following paragraph shall be added following paragraph 2: The gradation and sand equivalent requirements of subsections 200-2.2, 200-2.3, 200-2.4, 200-2.5 and 200-2.6 shall be the moving average requirements. Individual test requirements shall be determined by the Engineer. 200-2.2.3, 200-2.4.3 and 200-2.8.4 Quality Requirements. paragraph shall be added at the end of each subsection: The minimum R -Value requirement will not be waived. The following SECTION 201 - CONCRETE, MORTAR AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1 Requirements 201-1.1.1 General. The following paragraph shall be added following the last paragraph: The Contractor shall furnish the Engineer with a copy of the mix design to be used and with a legible certified weight -master's certificate for each load Of P.C.C. delivered to the project. Portland Cement Concrete delivered to the project site having a water content and/or slump greater than that specified in the mix design shall be rejected and removed from the project site. MA -2 SECTION 203 - BITUMINOUS MATERIALS 203-6 ASPHALT CONCRETE three: 203-6.1 General. The following paragraph shall be added following paragraph Asphalt Concrete shall. be Class and Grade C2 -PG 64-10 for overlays, surface courses and single lifts, and Class and Grade B -PG 64-10 for base courses and D2 -PG 64-10 for leveling course. MA -3 PART 3 CONSTRUCTION METHODS SECTION 300 - REMOVALS AND EARTHWORK 300-1 REMOVALS 300-1.1 CLEARING AND GRUBBING 300-1.1.1 General. The following paragraph shall be added at the end of the section: Clearing and grubbing limits shall extend to any areas of work outside the right-of-way that are shown on the plans. 300-1.2 Removal of Existing Improvements 300-1.2.3 Concrete Improvements 300-1.2.3.2 Concrete Curb, Walk, Gutters, Cross Gutters, Curb Ramps, Driveways, and Alley Intersections. Add the following at the end of the paragraph: No section of curb and gutter to be replaced shall be less than 72 inches long, measured parallel to the flow line. If construction joints, score lines or fractures are present within 72 inches of the proposed removal area, measured parallel to the flow line, removals shall be extended to the nearest score line or joint, or to the nearest score line or joint beyond the fractured area. 300-1.2.8 Payment. The following paragraph shall be added after the first paragraph: Payment for any removal and disposal of said materials shall be included in the Lump Sum (LS) bid prices for removing/installing conduits. Payment shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all work involved in said removal and disposal. 300-2 UNCLASSIFIED EXCAVATION 300-2.7 Selected Material. Replace this subsection with the following: Selected materials encountered in excavations within the project limits that meet the specifications for base material, trench bedding or backfill, topsoil or other specified materials shall be used as shown on the Plans, in the Specifications, or as directed by the Engineer. Topsoil excavated may be considered only for the purpose of backfilling areas to be planted. 300-2.9 Payment. Replace the first sentence with the following: Payment for Unclassified Excavation shall be included in the Lump Sum (LS) bid prices for removing/installing conduits. ME -1 300-3 STRUCTURE EXCAVATION AND BACKFILL 300-3.1 General. Add the following paragraph to the end of this subsection: When it becomes necessary to excavate beyond the normal lines of excavation in order to remove boulders, broken concrete, or other interfering objects, or in order to form sidewalls, all voids created by the removal shall be backfilled and compacted to a minimum of ninety percent (900} relative compaction. 300-3.5 Structure Backfill 300-3.5.1 Requirements. Add the following to the second paragraph. Compaction equipment or methods which may cause excessive displacement or may damage structures, such as sleeve tampers, shall not be used. ME -2 SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 303-1 CONCRETE STRUCTURES 303-1.2 Subgrade for Concrete Structures. Paragraph 2 shall be deleted and replaced with the following paragraphs: If the plans and special provisions for the project provide for the construction of gravel base material, and that material will be subgrade for concrete, the Contractor shall furnish 6 mil polyethylene sheeting as a subgrade cover. The placing of steel reinforcement and placement of concrete shall follow the installation of the polyethylene sheeting as closely as possible. The gravel base material shall be kept free from water to prevent any portion of concrete material being deposited in water. No payment will be made for dewatering other than as may be included in the prices bid for the various items of work or when an item for dewatering is provided. The Contractor shall excavate to the subgrade dimensions and grades shown on the plans or as directed by the Engineer. Where a firm foundation is not encountered due to soft, spongy or other unsuitable material, all such unsuitable material shall be removed and replaced with Gravel Base Material, or compacted backfill, at the discretion of the Engineer. 303-1.7 Placing Reinforcement one: 303-1.7.1 General. The following shall be added to the end of paragraph Reinforcing steel shall be of the same grade throughout the structure. 303-1.8 Placing Concrete 303-1.8.6 Joints. Paragraph one shall be deleted and replaced with the following paragraph: Transverse construction joints shall be placed in all reinforced sections of concrete construction at intervals not less than 10 feet nor more than 50 feet or as designated on the plans. The joint locations shall be similarly located and in the same plane for the entire structure. For concrete thicknesses greater than 6 inches, the joint shall be keyed as directed by the Engineer. The Contractor shall construct, in one continuous concrete placing operation, all work comprised between such joints. Joints shall be kept moist until adjacent concrete is placed. The following paragraph shall be added after paragraph three: Water stops for reinforced concrete conduits and structures, where called for on the plans shall be Burke Concrete Accessories "Vinylock Waterstop D 316- 6", Kirkhill Rubber Co. °KP 1424-6D" or an approved equivalent. ME -3 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS. 303-5.1 Requirements 303-5.1.1 General. The second paragraph shall be deleted and replaced with the following: The thickness of sidewalks, gutters, cross gutters, alley intersections, access ramps and driveway aprons shall be as shown on the City Standard Plans or improvement plans. Areas of Miscellaneous Concrete adjacent to or behind sidewalks and driveways shall be considered as a walk for the purpose of these specifications. No concrete shall be ordered and/or poured until the forms and subgrade have been inspected and approved by the Engineer in the field. All pullboxes, water meter boxes and water valve covers shall be adjusted to proposed finish grade and approved by the Engineer in the field prior to placement of the concrete: i.e., curbs, walks, gutters, etc. ME -4 SECTION 306 - OPEN TRENCH CONDUIT CONSTRUCTION 306-3 TRENCH EXCAVATION 306-3.1. General. The second paragraph shall be deleted and replaced with the following: Excavation shall include the removal of all excess excavated materials and all water and materials of any nature which interfere with the construction work. The following paragraph shall be added at the end of the subsection: When the actual elevation or position of any existing pipe, conduit or other underground appurtenance cannot be determined without excavation, the Contractor shall excavate and expose the existing improvement at the location shown on the Plans and any other locations deemed necessary by the Engineer. Such excavation shall be considered as part of the excavation necessary for the work. The Engineer shall be given the opportunity to inspect the existing improvement when it is exposed. Any adjustments in line or grade which may be necessary to accomplish the intent of the Plans shall be made. 306-3.2. Removal of surface Improvements. The following paragraph shall be added at the end of the subsection: The removal of existing improvements shall be considered a part of the items of work, the construction of which requires the removal of existing improvements, unless a specific item is provided therefor. 306-3.5. Maximum Length of Open Trench. The first paragraph shall be deleted and replaced with the following: At the end of the working day the open trench for street crossing (if Additive Bid No 1 is awarded and if not completed in a single day) shall be covered or temporarily resurfaced to allow for the passage of all vehicular traffic. The following subsection shall be added: 306-3.7 Temporary Fencing. For safety reasons, all open excavations, especially along the Pacific Electric Trail, shall be completely enclosed by minimum 5 -foot high chain link protective fencing. 306-6 Bedding. 306-6.1. General. The last two paragraphs of the subsection shall be deleted and the following paragraphs added: Bedding shall conform to City Standard Plans. All pervious bedding materials shall have a sand equivalent of not less than 20. ME -5 The case of bedding to be used shall be as shown on the plans. The trench bottom shall be graded to provide a smooth, straight, firm and stable foundation at every point throughout the length of the pipe. At each joint in the pipe, the bottom of the trench shall be recessed in such a manner as to relieve the bell or coupling from all load and to insure continuous bearing along the pipe barrel. The recess shall also be large enough to prevent foreign material from entering the pipe. If any trench, through the neglect of the Contractor, is excavated below the grade required by the Plans and these Special Provisions, it shall be refilled to grade with additional bedding. The excess excavation and the additional bedding shall be at the Contractor's expense. Additional bedding shall be crushed aggregate base. Except as specified otherwise, trench bedding shall be densified in accordance with the relative compaction requirements of City Standard Plans. 306-6.5 Placement and Compaction, 306-6.5.1. General. The following paragraph shall be added at the end of the subsection: The method of densification shall be approved by the Engineer. 306-12.2 Backfill for Narrow Trenches. The last two sentences of paragraph 2 shall be deleted and replaced with the following: The trench backfill slurry or CLSM shall be cut back to a minimum of 1 inch greater than the existing pavement section but not less than 4 inches below the existing pavement section prior to placing permanent paving. 306-12.3 Mechanical Compacted Trench Backfill. 306-12.3.2. Compaction Requirements. This subsection shall be deleted in its entirety and replaced with the following: Except as specified otherwise, trench bedding shall be densified to a minimum of 85% relative compaction and backfill shall be densified to a minimum of 90% relative compaction except where a 95% relative compaction is called for in the Plans or as required by subsection 301-1.3. 306-12.4. Jetted Trench Backfill 306-12.4.2. Compaction Requirements. This subsection shall be deleted in its entirety and replaced with the following: Except as specified otherwise, trench bedding shall be densified to a minimum of 85% relative compaction and backfill shall be densified to a minimum of 90% relative compaction except where a 956 relative compaction is called for in the Plans or as required by subsection 301-1.3. ME -6 306-13 Trench Resurfacing 306-13.2 Permanent Resurfacing. The following paragraph shall be added at the end of the subsection: All joints shall be vertical butt joints; lap or feathered joints are not acceptable. 306-13.4. Base Course for Asphalt Concrete Placement. Paragraph one shall be deleted and replaced with the following: The base course shall be a B gradation. A self-propelled paving machine (BARBER GREEN, BLOW KNOX or equal) shall be used for trenches 500' or longer. A spreader box may be used for trenches less than 500, in length. 306-13.5 Finish Course for Asphalt Concrete Placement. Paragraph one and two shall be deleted and replaced with the following: The finish course shall be a C gradation. A self-propelled paving machine (BARBER GREEN, BLOW KNOX or equal) shall be used for trenches 500' or longer. A spreader box may be used for trenches less than 500' in length; however, for trenches 8 feet or greater in width, a full width spreader box must be used. 306-13.6 Density and Smoothness. The following paragraph shall be added after paragraph eight: Pavement across trench shall generally be straight graded. A crown or grade break permitted only to match existing. 306-14 Measurement 306-14.1 Shoring and Bracing. This subsection shall be deleted in its entirety and replaced with the following: Unless otherwise specified, shoring and bracing will not be measured separately for payment. 306-14.6 Temporary Resurfacing. This subsection shall be deleted in its entirety and replaced with the following: Unless otherwise specified, temporary resurfacing will not be measured separately for payment. 306-15 Payment. 306-15.9 Temporary Resurfacing. This subsection shall be deleted in its entirety and replaced with the following: Payment for all materials used by the Contractor or ordered to be placed by the Engineer, including that used to maintain the temporary resurfacing until permanent resurfacing is placed, will be considered as included in the other items of work. ME -7 The following subsection is added: 306-15.10 Temporary Fencing. All costs incurred for finishing, installing and removing temporary fencing, including repair work, shall be considered in the various items of work. ME -8 APPENDIX APPENDIX ITEM 1 Lighting Replacement Requirements "Q, Map Showing Locations of Base Bid and Additive Bids LIGHTING REPLACEMENT REQUIREMENTS GENERAL REQUIREMENTS 1. For safety reasons, the area around each light pole must be cordoned off. 2. The contractor shall not store any lighting replacement tools, equipment and/or supplies at or adjacent to the work site(s). 3. At the end of each working day, all lighting fixture replacement related tools, equipment, debris, etc. must be removed from the work area(s) and the site cleaned up. Full use of the paseo or park must be restored. 4. Except as noted in other sections, the contractor may work Monday to Friday from 8:00 am to 5:00 pm. PASEO LIGHTING REPLACEMENT REQUIREMENTS 1. The contractor may not completely close the paseo to public access while the light poles are being removed and replaced. 2. A minimum of half the concrete path width within the paseo must remain open for public use. 3. It is the contractor's responsibility to ensure that equipment/method used to separate the public from the paseo work area is sufficient to ensure the safety of the public. 4. At the end of the work day, all exposed excavations must be covered to prevent the public especially children from accessing the excavated areas. Such coverings must be secured in place. 5. A City representative will determine which, if any, poles and light fixtures may be salvaged. The salvaged poles and light fixtures shall be delivered to the Public Works Services Center at 8794 Lion Street, Rancho Cucamonga, CA 91730. The contractor shall coordinate with the City's representative to arrange delivery of the salvaged poles and light fixtures. 6. The poles, light fixtures and other paseo light components not salvaged shall be properly/legally disposed of. The costs to properly/legally dispose of the paseo light poles and fixtures shall be included in the bid proposal. The contractor must submit a copy of the invoice for such proper/legal disposal to the City. .Y -40 X 4) 1 oo - K + 1 1 APPENDIX ITEM 2 City Working Days Calendar CITY OF RANCHO CUCAMONGA WORKING DAY CALENDAR FOR 2018 JANUARY Sun Mon Tue Wed Thu Fri Sat MARCH Sun Mon Tue Wed Thu Fri Sat 1 2 3 3 4 4 1 5 2 6 3 Holida 861 862 863 864 7 8 9 5 10 6 11 7 12 8 13 9 865 10 866 867 868 869 14 15 L 16 17 12 1S 13 19 14 20 15 Holiday 16 870 17 871 872 873 21 22 23 24 25 19 26 20 27 21 874 22 875 23 876 24 877 878 28 29 30 31 917 25 26 27 879 28 880 29 881 30 965 31 MARCH Sun Mon Tue Wed Thu Fri Sat MAY Sun Mon Tue Wed Thu Fri Sat 2 12 3 4 3 1 4 2 5 3 944 945 946 901 902 7 4 5 9 6 10 7 11 8 12 9 948 10 949 903 904 905 906 14 907 11 12 17 13 18 14 19 15 953 16 954 17 955 908 909 910 21 911 912 18 19 25 20 26 21 958 22 959 23 960 24 961 913 914 28 915 916 917 25 26 27 Holiday 28 963 29 9641 30 965 31 918 919 9201 921 922 MAY Sun Mon Tue Wed Thu Fri Sat JULY Sun Mon Tue Wed Thu Fri Sat Working Day Calendar 2018_DRAFT.x1sx FEBRUARY Sun Mon Tue Wed Thu Fri Sat 2 12 3 4 3 5 4 6 5 7 944 945 946 947 6 7 8 9 9 10 10 11 11 12 12 13 948 14 949 950 951 952 13 14 15 16 16 17 17 18 18 19 19 953 20 954 21 955 956 957 20 21 22 23 24 23 25 24 26 25 958 26 959 27 960 28 961 962 27 28 29 30 31 29 30 26 Holiday 27 963 28 9641 29 965 30 JULY Sun Mon Tue Wed Thu Fri Sat Working Day Calendar 2018_DRAFT.x1sx FEBRUARY Sun Mon Tue Wed Thu Fri Sat APRIL Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 1 5 2 6 3 7 923 924 882 883 4 5 6 9 7 10 8 11 9 12 10 13 884 14 885 886 8871 888 11 12 13 14 16 15 17 16 18 17 19 8891 20 890 21 891 892 893 18 19 20 21 22 23 23 24 24 25 Holiday 26 894 27 895 28 896 897 25 26 27 28 942 29 30 26 898 27 899 28 900 29 30 APRIL Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 923 924 925 926 927 8 9 10 11 12 13 14 928 929 930 931 932 15 16 17 18 19 20 21 933 934 935 936 937 22 23 24 25 26 27 28 938 9391 940 941 942 29 30 26 27 28 29 30 943 983 984 985 986 JUNE Sun Mon Tue Wed Thu Fri Sat AUGUST Sun Mon Tue Wed Thu Fri Sat Page 1 of 2 1 2 966 3 4 5 6 7 8 9 967 968 969 970 971 10 11 12 13 14 15 16 972 973 974 975 976 17 18 19 20 21 22 23 977 978 979 980 981 24 25 26 27 28 29 30 982 983 984 985 986 AUGUST Sun Mon Tue Wed Thu Fri Sat Page 1 of 2 CITY OF RANCHO CUCAMONGA WORKING DAY CALENDAR FOR 2019 1 2 2 3 4 4 W 5 7 6 5 7 31 32 33 34 1 9 2 11 3 13 4 15 12 VK 987 3G 988 Holiday 11 12 989 13 990 14 5 6 7 22 19 8 41 9 43 10 8 9 10 8 9 10 11 26 45 991 47 992 993 18 19 994 20 995 21 12 13 11 14 12 62 13 63 14 64 15 21 15 16 17 15 16 17 18 26 996 27 997 998 25 26 999 27 1000 28 19 20 16 21 17 18 29 19 30 20 31 22 23 24 22 23 24 25 70 1 71 2 3 4 5 26 27 21 128 22 23 24 25 29 30 31 129 130 131 6 7 26 27 28 29 30 SEPTEMBER Sun Mon Tue Wed Thu Fri Sat NOVEMBER Sun Mon Tue Wed Thu Fri Sat 1 2 3 A4 4 5 6 7 8 5 Holida 31 32 33 34 9 10 11 12 13 14 15 12 VK 35 3G 37 3$ 39 10 16 17 18 19 20 21 22 19 40 41 42 43 44 23 24 25 26 27 28 29 26 45 46 47 48 49 19 30 88 NOVEMBER Sun Mon Tue Wed Thu Fri Sat OCTOBER Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 73 74 4 4 5 6 7 8 9 10 75 76 77 78 79 14 11 12 VK 13 14 15 16 17 10 Holiday 80 81 82 83 13 18 19 20 21 221023 105 24 84 85 86 Holiday Closed 15 25 26 127 28 29 30 19 $7 88 89 90 91 OCTOBER Sun Mon Tue Wed Thu Fri Sat DECEMBER Sun Mon Tue Wed Thu Fri Sat 1 2 2 4 3 6 4 8 5 92 6 94 95 50 51 10 52 12 53 14 54 7 8 99 9 101 10 16 11 18 12 20 13 22 55 103 56 105 57 58 24 59 26 14 15 29 16 107 17 18 19 30 20 60 61 62 63 64 21 22 23 24 25 26 27 65 66 67 68 69 28 29 30 31 70 71 72 DECEMBER Sun Mon Tue Wed Thu Fri Sat Working Day Calendar 201$_DRAFT.xlsx Page 2 of 2 1 2 3 4 5 6 7 8 92 93 94 95 96 9 10 11 12 13 14 15 97 98 99 100 101 16 17 18 19 20 21 22 102 103 104 105 106 23 24 25 26 27 28 29 107 Holiday 30 31 Working Day Calendar 201$_DRAFT.xlsx Page 2 of 2 APPENDIX ITEM 3 Sample of Approved Certificates of Insurance AREAS CERTIFICATE OF LIABILITY INSURANCE DATE(tAWDDIYYYYI 2/7/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(&), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANTi If the certificate holder is an ADDITIONAL INSURED, the policy(ics) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditlons of the policy, certaln Policies may require an endorsement, A statement on this certificate does not confer rights to the certificate holder In Ileu of such endorsement(s), PRODUCER COttTAGr NAS PHONE I FAIL 6•MAUQ, AIC No: INSURED CPL COVERAGE UQVft AWL --h CERTIFICATE NU€UISER:3-2-13 Al Master REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PFAIOD INDICATED. NOTW THSTA14DING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TER148, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID Emms. LTR TYPE OF INSURANCE AO R PDLLCYEFF POLICY NUMBER IMMiDOLYYYY POLtCYEXP- - MWDDIYY" Lt!?•rr5 GENERAL LIABILrTY :AOHQCCURR'aNCE S i X COVd1LRCtAL GENERAL LL*aLrFY PAIEI,S S� o c Ii CLAIMS -MADE O OCCUR 3C /25/2012 12S/2013 MEDEXP Anyompizont S Sr6D0 Q PERSONALLADVINJURY S r000,000 GENcRALAW.REGATE S 2,DOD,00O GENLAGGREGATEL€MITAPPLIE$PER: �'� r PRODUCTS-COMPIOPAGG IS 2,00D,000 POLICY X PRa LOC_ . , 5 AUTOMOeIL.E LIABILITY CIABINdEeDN]SINGLE LLWT ' SSS ANYALritl BODLY[HJLFAY(Per pssnl coo ALL O71E6 AUTOS X 1 125 .e BODILY INJURY (Pras danq s �, SCHEDULED AUTOS PROPERTY DAdAGE HIREDALtOS 1P"sddtnL) NOWOViT~DAUTOS A0111=1Fapmenu S S, 0 i,000,000/ X OCGUR EACH OCCURRENCE s 2, 000,0060 XdUUBRF=LIAR EXCESS UAB CLAIMS •t AUGREGATE $ 2,000,000 D'eDL)GTi91-E s A R=,TENTIDN S S OTH- /25/2012 /2S/261*=' D WORKERS COMPENSATION AND EMPL O'eERS' LIABILITY YIN ANY PROPRIETOWARTNEPI=ECUnvE � (A 5 1.0011 DDD MFFI=jW LBERR EXCLUDEDI (Mandatory /1/2013 1/1/2013 PCtlYE S l 000 GOO l[cz. dasedtlo under -11 DUSdIR ONOFOPERATIONSbelm, YLUArr S 1,000,000 DFSCRIPTIDNOFOPERA'nO145ILOCATtO74SIVEHICLES[AtfaeIIACORD101,AddHlanalRemaricsSsltedu}e�3fmorespasclsscgLrircdl City of Rancho Cucamo:Lga, ita o1:#ioerG, ait!;LcLals, emplayee6, designated vaSuntcczs, and agents serving 2t indepeadent contractors in the Kale al City or agency oftiaialzi axe named Additional Insured TLE 1D days notice £or Izoapayment of preLpium P V SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Pancho Cucamonga ACCORDANCE WITHTHEPOLICY PROVISIONS. Attn: City Clerk 10500 Civic Centrex Drive AUTHORLZEDREPRESENTATIVE Rancho Cucamonga, CA 91730 -- c,LwaY.aw, e[e .......�..... ACORD 25 (2009109) t@ 1988-2009 ACORD CORPORATION, All rights reserved. INSO25 (2009091 The ACORD name and logo are registered marks of ACORD Po fic Number: Commercial General Uabilltv THIS ENDORSEMENT CHANGES THE POLICY, PLEASE REAL) IT CAREFULLY, ADDITIONAL INSURED OWNERS, LESSEES OR�f CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE; DART SCHEDULE Name of Additlonal Insured Person(s) Or Organization Locations of Covered operations City of Rancho Cucamonga, Its officers, officials, employees, designated volunteers, and agents serving as independent contractors In the role of City or agency officials are named Addiffonal Insured Information required to complete- this Schedule. If not shown above, viii ba shown in the Declarations. A. Section It — Who Is An Insured is amended to Include as an additional Insured the person(s) or Organization(s) shown in the Schedule, but only with respect to liability tar `bodily injury", `property damage' or "personal and advertising injury" caused, In whole or! rt part, by: 1. Your acts or omissions; or z. The acts or omissions of those acting on your behalf; in psrformance of your ongoing operations for the additional insured(s) at the location(s) deslg- nated above. B. With respect to the insurance afforded to these additional Insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily Injury" or 'property damage" occurring after 1. All work, Including materials, parts cr equip- ment furnished In connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behaifof the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of"yourvrorW out of which the injury or damage arises has been put to Is in- tended use by any person or organization other than another contractor or subcontractor en- gagsd in performing operations for a principal as a part of the same project. 0 ISO ProperUe s, Ino., 2004 Page 1 of 1 POLICY NUMBER: COMMERCIAL GENERAL UABIL17Y THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR✓/ CONTRACTORS - COMPLETED OPERATIONS This endorsement raodiftes insurance provided under the following: COMMERCIAL GENERAL LIABU Y COVERAGE= PART SCHE=DULE Name Of Additional Insured Persons) Or Or antration(sl Location And DescrT tion Of Completed O aratlons City of Rancho Cucamonga, its officers, officials, employees, goal smell 12121202W designated volunteers, end agents serving as independent contractors In the role of City or agency officials are named Additional Insured Enforma@an re aired to com late this Schedule If not shown above, will be shown in the Declarations Section It — Who Is An Insured is amended to Include as an additional insured the person(s) or Organization(s) shown in the Schedule, but only with Respect to liability for"bodily injury' or "property dam- age` caused, in whole or in part, by "your work' at the location designated and described In the sched- ule of this endorsement performed for that additional insured and includes! In the "products -completed operations hazard". 0 ISO properties, Inc., 2004 Paget of i polloy No. urance Corp TH1S ENDORSEMENT CHANGE=S THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US / This endorsement rmodlffes Insurance provided under the fallowing•. COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE. Mame of Person or organization: The City of Rancho Cucamoilga, its ofticers, officials, employeea, designated volunteers, and agents erving as Independent i=tractors in the roll of City yr agency off[aiais ,/ (Ii no entry appears above, Information required to complete this endorsementwili be shown in the Declarations as applicable to this endorsement) The TRANSFER OF RIGHTS OF RE=COVERY AGAINST OTHER TO US Condition (Section IV — COMMERCEAL GENERAL LIABILITY CONDITIONS) Is amended by the addition of the followiltg: We waive any right of recovery we may have against the person or organization shown in the Schdole above because of payments we make for Injury, or darnage arising out of your ongoing operations or'yovrwork" done under a contract with that person or organization and included in the "products -completed operations hazae. This waiver applies only to the person or organization shown In the Schedule above. Copyright, Insurance Services Office, Inc, 1992 Page 1 of t THIS ENDORSEMENT CHANCES THE POLICY. PLEASE READ IT CAREFULLY. ADDMONAL INSURED ThEs endarsement modlfes Insurance provided under the Wowing: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM The person ar organization shown In the Schedule Is an insured to the extent of their liability for the conduct of an insured ander Section n -Liability Coverage of this policy. SCHEDULE City of Rancho Cucamonga, its officers, ofl'lclals, employees, designated volunteers, and agents serving as independent contractors in the role of Cly or agency officials and named Additional insured WORKERS COMPENSATION AND EMPLOYERS i.?A'ETU 'Y VNSURANCE poLiCY WC 04 03 06 WAIVER OF OUR RIGHT TO RECOVER FROM OTH <RS ENDORSEMENT ?1/� CALIFORNIA '(rTG have the right to recover our payments from atayonc liable for an injury covered by this policy. W6 wilt not rn€orce our righr against the person or organization named in the Schedule, (This agreement applies only to the extent that you perform work under a w itten contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration ofyour employecswhile engaged in the work described in the Schedule. The additional premium for this cndorscment shall bo 2% of the California workers? compansntion premium otherwise due on sash remuneration. SCHFIDU1. E PtRSON OR ORGAN`IZATIOIY SOD DESCRIPTION ANY PERSON OR ORGANIZATION FOR WHOM THE BLANKET WAIVER OF SUBROGATION NAMED INSURED HAS AGREED BYWMI I7;I3 CONTRACT TO FURNISH THIS WAIVER The City of Rancho Cucamonga, its officers, officials employees, designated volunteers, and agents serving as independent contractors an the roll of City or agency officials are named Additional Tnsured This endorsement changes the policy to which -it is attached andis cffecdve�on the date issued unless otherwise stated. (The Information below Is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective- 0110112013 policy No. M99mmeaw Endorsement NO. 001 Insured: 'I Premium S INCL. Insurance Company; mom 1111111111i I ;: line Coura=i&mf,-d By: -1998 bythe'Woricers7ComptasztionlnsurancaRating Bureau �ifforRi+�.,kliii�t�tsrczervcd, Vmnt the WCTRB?s Cnitforntu workers? Comper audon fwurinoe Forms hfattuat - 3999. APPENDIX ITEM 4 City Permit Applications MINOR IMPROVEMENT(S) CONSTRUCTION PERMIT APPLICATION CITY OF RANCHO CUCAMONGA, ENGINEERING DIVISION Fax (909) 477- Z 741/ MAJOR CROSS STREETS (2) NIO: SIO: EIO: _ W10: .. ESTIMATED DATES; If address is same as owners check this box ❑ START: FINISH: CONTRACTOR CONTRACTOR CrTy L4CENSE 4: _ LICENSEA: ADDRESS (Contractor's) CONTRACTOR EXP IBES: TELEPHONE: FAX NO: CONTRACTOR LICENSE * EXPIRES: EXPIRES: CONTACT PERSON: Phone No: CIT y LICENSE',: EXPIRES: ADDRESS (Contractor's) TELEPHONE; CONTACT PERSON: FAX NO, Phone No: PROPERTY OWNER OR DEVELOPER NAME TELEPHONE ADDRESS (Owner's /Developer's) E-MAIL: CELL OME I WORD Drive Approach `2nd Drive Approach Applications Roquire Engineering and Planning Department Approval Dumpster I Roll Off Utility Trench If trenching, how many linear feet? Curb Core Other Insurance Requirements on the Back InstruCtions: Provide (2) Sets of Plans I Drawings with application (please make note of existing I proposing improvements and label which direction North is) can be hand drawn on 8 x 10 paper Allow a Minimum of (2) Two Full Working Days for Processing ➢ Contractor(s) Must Provide Liability Insurance Certificate Naming the City as Additional Insured (City of Rancho Cucamonga, Attn: Engineering Dept., 10500 Civic Center Dr., Rancho Cucamonga, Ca 91730) with an Additional Insured Endorsement and Workman's Compensation Print Owner I Developer Rep's Name Print Contractors Rep's Name I Company . Print Contractors Rep's Dame I Company Owner's SIGNATURE DATE Contractor's SIGNATURE DATE Contractor's SIGNATURE DATE PERMIT APPLICATION FOR TEMPORARY STREET AND LANE CLOSURES gNCHO �r'�"`,ortmA � Engineering Division Phone: (909) 477-2740 FAX: (999) 477-2741 C,Vi.iKOiikld NOTE: ALLOW 24 HOURS MiNimum FOR PROCESSING MINOR CLOSURE'S (LASTING 1 OR 2 DAYS ALLOW 7 TO 90 DAYS FOR PROCESSING MAJOR CLOSURES (LASTING 3 DAYS OR MORE) Engineering Construction ROW Permit No. (Required: Location: Proposed Start Date: Proposed Working Hours: Description of Work: Company: Address 1: Address 2: Contact: CHECKALL THA T APPL Y: Completion Date: Work Duration: Phone: Emergency Phone: City: State Contact Phone: Street Type: 2 -Lane Street Multi Lane Closure Requested: Partial Street Closure Full Closure Left Turn Lane Right Turn Lane Daytime Lane Closure Only Direction: North South East West Daily Working Hours Requested: Start Time Is this an emergency repair project? Is this a "City" funded Capital Improvement project? t -ox Vr-HUTAL USE: ONLY: Fax: Zip: Raised Median Island Intersection Shoulder Adjacent Overnight Lane Closure End Time Yes _ No _ Yes No Construction Area Traffic Control Plan Required? Yes No Advance Notification Signs Required? Yes No _ Comments/Conditions: Received by: Date: Approved by Inspector: Date: Advance Notification Signs Approved: Date: Approved by Traffic: Date: Rev. 4108 Lane Closure Permit App.doc DATE: April 4, 2018 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Jennifer Hunt Gracia, Community Services Director Ruth Cain, CPPB, Procurement Manager Jennifer Brown, Management Analyst I SUBJECT: CONSIDERATION OF AMENDMENT NO. 002 AUTHORIZING AN INCREASE TO THE PROFESSIONAL SERVICES AGREEMENT WITH KINDRED CORPORATION IN THE AMOUNT OF $96,160. RECOMMENDATION: Staff recommends that the City Council approve and authorize an amendment to increase Professional Services Agreement (CO #17-155) for Kindred Corporation in the amount of $96,160, bringing the total contract amount to $177,160. BACKGROUND: In 2017, the City of Rancho Cucamonga entered into a Professional Services Agreement with Kindred Corporation after Clearwater Printing, the contracted printer for the Grapevine and Rancho Reporter publications, went out of business. This contract, with a compensation not to exceed $53,000, was intended to be in place until the formal Request for Proposal (RFP) process could be completed. In December 2017, the contract was amended to accommodate the RFP being postponed until January 2018 due to the holiday season. Amendment 001 increased total compensation to $81,000. A RFP was issued on January 4, 2018 and closed on February 1, 2018. However, only one bidder was deemed responsive. The RFP was reposted on March 1, 2018 and will close on April 5, 2018. Additionally, the printing of the Lewis Family Playhouse Season Brochure is scheduled to go out to RFP in April 2018. The Season Brochure printer is normally determined by the Request for Quote process. This year, the publication will instead use the RFP process to better communicate the specifications and services desired by the City. ANALYSIS: To accommodate the RFP process ending April 5, 2018, it is necessary to have the Summer 2018 issues of the Grapevine and Rancho Reporter printed by Kindred Corporation. In case of complications with the RFP process, we are requesting that the Fall 2018 issues of the Grapevine and Rancho Reporter are also printed by Kindred Corporation. It is expected that the successful bidder from the current RFP process will be contracted to print the Winter 2018 issue of the Grapevine and Rancho Reporter. Additionally, staff recommends that Kindred Corporation print the 2018 Lewis Family Playhouse Season Brochure until the RFP process produces a successful bidder in the coming months. FISCAL IMPACT: Funds from the General Fund, Community Services and City Manager's Office Contract Services accounts 1001401-5300/5230000-1890 in the amount of $24,000 in and $5,000 in 1001001-5300 are included in the Fiscal Year 2017/18 Budget for the Spring Grapevine and Rancho Reporter. Funds from the General Fund, Contract Services in the amount of $23,000 in Account 1001401-5300/5230000-1890 and $5,000 in Account 1001001-5300 will be requested in the Fiscal Year 2018/19 Budget. Printing costs for the 2018 Lewis Family Playhouse Season Brochure will not exceed $40,000. Funds from the General Fund in the amount of $40,000 in Cultural Services Marketing, Contract Services account 1001401-5300/5320555-1890 are included in the Fiscal Year 2017/18 Budget. COUNCIL GOAL(S) ADDRESSED: Not applicable. ATTACHMENTS: Description Attachment 1 -Agreement No. CO 17-155 Attachment 2 - Amendment No. 002 AGREEMENT FOR PROFESSIONAL SERVICES C t' of Rancho Cucamonga CONTRACT NUMBER ) - ► �5 THIS AGREEMENT is made and entered into this 13th day of June, 2017, by and between the City of Rancho Cucamonga, a municipal corporation ("City") and Kindred Corporation, a printing company ("Contractor"). RECITALS A. City has heretofore issued its request for proposals to perform the following services: Printing and mailing of the 2017 Fall and Winter Grapevine issues ("the Project"). B. Contractor has submitted a proposal to perform the services described in Recital "A", above, necessary to complete the Project. C. City desires to engage Contractor to complete the Project in the manner set forth and more fully described herein. D. Contractor represents that it is fully qualified and licensed under the laws of the State of California to perform the services contemplated by this Agreement in a good and professional manner. AGREEMENT NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: 1. Contractor's Services. 1.1 Scone and Level of Services. Subject to the terms and conditions set forth in this Agreement, City hereby engages Contractor to perform all services described in Recitals "A" and `B" above, including, but not limited to printing and mailing of the 2017 Fall and Winter Grapevine issues, all as more fully set forth in the Contractor's proposal, dated May 16, 2017 and entitled "Scope of Work", attached hereto as Exhibit "A", and incorporated by reference herein. The nature, scope, and level of the services required to be performed by Contractor are set forth in the Scope of Work and are referred to herein as "the Services." In the event of any inconsistencies between the Scope of Work and this Agreement, the terms and provisions of this Agreement shall control. 1.2 Revisions to Scope of Work. Upon request of the City the Contractor will promptly meet with City staff to discuss any revisions to the Project desired by the City. Contractor agrees that the Scope of Work may be amended based upon said meetings, and, by amendment to this Agreement, the parties may agree on a revision or revisions to Contractor's compensation based thereon. A revision pursuant to this Section that does not increase the total cost payable to Contractor by more than ten I endor Initials PSd x-ztlhout professional liability insurance (contractor) Page I Last Revised: 05/11/14 ATTACHMENT 1 percent (10%) of the total compensation specified in Section 3, may be approved in writing by City's Manager without amendment. 1.3 Time for Performance. Contractor shall perform all services under this Agreement in a timely, regular basis consistent with industry standards for professional skill and care, and in accordance with any schedule of performance set forth in the Scope of Work, or as set forth in a "Schedule of Performance", if such Schedule is attached hereto as Exhibit "N/A". 1.4 Standard of Care. As a material inducement to City to enter into this Agreement, Contractor hereby represents that it has the experience necessary to undertake the services to be provided. In light of such status and experience, Contractor hereby covenants that it shall follow the customary professional standards in performing the Services. 1.5 Familiarity with Services. By executing this Agreement, Contractor represents that, to the extent required by the standard of practice, Contractor (a) has investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. Contractor represents that Contractor, to the extent required by the standard of practice, has investigated any areas of work, as applicable, and is reasonably acquainted with the conditions therein. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of services, Contractor shall immediately inform City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the City Representative. 2. Term of Agreement. The term of this Agreement shall be 1 year(s) and shall become effective as of the date of the mutual execution by way of both parries signature (the "Effective Date"). No work shall be conducted; service or goods will not be provided until this Agreement has been executed and requirements have been fulfilled. Parties to this Agreement shall have the option to renew in one (1) year increments to a total of 2 years, unless sooner terminated as provided in Section 14 herein. Options to renew are contingent upon the City Manager's approval, subject to pricing review, and in accordance to all Terms and Conditions stated herein unless otherwise provided in writing by the City. 3. Compensation. 3.1 Compensation. City shall compensate Contractor as set forth in Exhibit A, provided, however, that full, total and complete amount payable to Contractor shall not exceed $53,000.00 (Fifty-three thousand dollars), including all out of pocket expenses, unless additional compensation is approved by the City Manager or City Council. City shall not withhold any federal, state or other taxes, or other deductions. However, City shall withhold not more than ten percent (10%) of any invoice amount G% Vcmdor Initials PSA without professional liabilirn insurance (contractor) Page 2 Last Revised. 05122114 pending receipt of any deliverables reflected in such invoice. Under no circumstance shall Contractor be entitled to compensation for services not yet satisfactorily performed The parties further agree that compensation may be adjusted in accordance with Section 1.2 to reflect subsequent changes to the Scope of Services. City shall compensate Contractor for any authorized extra services as set forth in Exhibit A. 4. Method of Payment. 4.1 Invoices. Contractor shall submit to City monthly invoices for the Services performed pursuant to this Agreement. The invoices shall describe in detail the Services rendered during the period and shall separately describe any authorized extra services. Any invoice claiming compensation for extra services shall include appropriate documentation of prior authorization of such services. All invoices shall be remitted to the City of Rancho Cucamonga, California. 4.2 City shall review such invoices and notify Contractor in writing within ten (10) business days of any disputed amounts. 4.3 City shall pay all undisputed portions of the invoice within thirty (30) calendar days after receipt of the invoice up to the not -to -exceed amounts set forth in Section 3. 4.4 All records, invoices, time cards, cost control sheets and other records maintained by Contractor relating to services hereunder shall be available for review and audit by the City. 5. Representatives. 5.1 City Representative. For the purposes of this Agreement, the contract administrator and City representative shall be Jennifer Camacho-Curtis, or such other person as designated in writing by the City ("City Representative'). It shall be Contractor's responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and Contractor shall refer any decisions that must be made by City to the City Representative. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the City Representative. 5.2 Contractor Representative. For the purposes of this Agreement, Curt Kindred is hereby designated as the principal and representative of Contractor authorized to act in its behalf with respect to the services specified herein and make all decisions in connection therewith ("Contractor's Representative"). It is expressly understood that the experience, knowledge, capability and reputation of the Contractor's Representative were a substantial inducement for City to enter into this Agreement. Therefore, the Contractor's Representative shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. Contractor may not change the Responsible Principal without the prior written approval of City. .041Z - Vendor Initials PSA without professional liabilirn insurance (contractor) Page 3 Last Revised: 05122114 6. Contractor's Personnel. 6.1 All Services shall be performed by Contractor or under Contractor's direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City business license as required by the City's Municipal Code. 6.2 Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the standard of care set forth in Section 1.4. 6.3 Contractor shall be responsible for payment of all employees' and subcontractors' wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. By its execution of this Agreement, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 6.4 Contractor shall indemnify, defend and hold harmless City and its elected officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Contractor's violations of personnel practices and/or any violation of the California Labor Code. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Ownership of Work Product. 7.1 Ownership. All documents, ideas, concepts, electronic files, drawings, photographs and any and all other writings, including drafts thereof; prepared, created or provided by Contractor in the course of performing the Services, including any and all intellectual and proprietary rights arising from the creation of the same (collectively, "Work Product"), are considered to be "works made for hire" for the benefit of the City. Upon payment being made, and provided Contractor is not in breach of this Agreement, all Work Product shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Basic survey notes, sketches, charts, computations and similar data prepared or obtained by Contractor under this Agreement shall, upon request, be made available to City. None of the Work Product shall be the subject of any common law or statutory copyright or copyright application by Contractor. In the event of the return of any of the Work Product to Contractor or its representative, Contractor shall be responsible for its safe return to City. Under no circumstances shall Contractor fail to deliver any draft or final designs, plans, drawings, reports or specifications to City upon written demand by City for their delivery, notwithstanding any disputes between Contractor and City concerning payment, t andor Initials PSA withow professional liabilirn insrrance (contractor) Page 4 Last Revised: 05/22/14 performance of the contract, or otherwise. This covenant shall survive the termination of this Agreement. City's reuse of the Work Product for any purpose other than the Project, shall be at City's sole risk_ 7.2. Assignment of Intellectual Property Interests: Upon execution of this Agreement and to the extent not otherwise conveyed to City by Section 7. 1, above, the Contractor shall be deemed to grant and assign to City , and shall require all of its subcontractors to assign to City , all ownership rights, and all common law and statutory copyrights, trademarks, and other intellectual and proprietary property rights relating to the Work Product and the Project itself, and Contractor shall disclaim and retain no rights whatsoever as to any of the Work Product, to the maximum extent permitted by law. City shall be entitled to utilize the Work Product for any and all purposes, including but not limited to constructing, using, maintaining, altering, adding to, restoring, rebuilding and publicizing the Project or any aspect of the Project. 7.3 Title to Intellectual Property. Contractor warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of the Work Product and/or materials produced under this Agreement, and that City has full legal title to and the right to reproduce any of the Work Product. Contractor shall defend, indemnify and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City's use is violating federal, state or local laws, or any contractual provisions, relating to trade names, licenses, franchises, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Contractor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, software, equipment, devices or processes used or incorporated in the Services and materials produced under this Agreement. In the event City's use of any of the Work Product is held to constitute an infringement and any use thereof is enjoined, Contractor, at its expense, shall: (a) secure for City the right to continue using the Work Product by suspension of any injunction or by procuring a license or licenses for City; or (b) modify the Work Product so that it becomes non - infringing. This covenant shall survive the termination of this Agreement. 8. Status as Independent Contractor. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City. Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and to defend, indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Vendor Initials PSA without professional liabiliry insurance (contractor) Page S Last Revised: 05122114 Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees 9. Confidentiality. Contractor may have access to financial, accounting, statistical, and personnel data of individuals and City employees. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are confidential and shall not be disclosed by Contractor without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Contractor's covenant under this Section shall survive the termination of this Agreement. This provision shall not apply to information in whatever form that is in the public domain, nor shall it restrict the Contractor from giving notices required by law or complying with an order to provide information or data when such an order is issued by a court, administrative agency or other legitimate authority, or if disclosure is otherwise permitted by law and reasonably necessary for the Contractor to defend itself from any legal action or claim. 10. Conflict of Interest. 10.1 Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor "financially interested" (as provided in California Government Code §§1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained 10.2 Contractor further represents that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Contractor has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift. 10.3 Contractor has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in subsection 10.1. 4 Vendor ImHals PSI uIthout professional liability insurance (con/ractorl Page 6 Last Revised: 05122114 11. Indemnification. 11.1 To the maximum extent permitted by law, the Contractor shall defend, indemnify and hold the City, and its elected officials, officers, employees, servants, volunteers, and agents serving as independent contractors in the role of City officials, (collectively, "Indemnitees'), free and harmless with respect to any and all damages, liabilities, losses, reasonable defense costs or expenses (collectively, "Claims"), including but not limited to Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to the acts, omissions, activities or operations of Contractor or any of its officers, employees, subcontractors, Contractors, or agents in the performance of this Agreement. Contractor shall defend Indemnitees in any action or actions filed in connection with any such Claims with counsel of City's choice, and shall pay all costs and expenses, including actual attorney's fees and experts' costs incurred in connection with such defense. The indemnification obligation herein shall not in any way be limited by the insurance obligations contained in this Agreement provided, however, that the Contractor shall have no obligation to indemnify for Claims arising out of the sole negligence or willful misconduct of any of the Indemnitees. 11.2 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. 11.3 Waiver of Right of Subrogation. Except as otherwise expressly provided in this Agreement, Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Contractor. 11.4 Survival. The provisions of this Section 11 shall survive the termination of the Agreement and are in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against Contractor shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. 12. Insurance. 12.1 Liabilily Insurance. Contractor shall procure and maintain in full force and effect for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services hereunder by Contractor, and/or its agents, representatives, employees or subcontractors. 12.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: Vendor Initials PSA %ithout professional liabilur inmrance (contracto) Page 7 Last Revised: 05/22/14 (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California, and Employer's Liability Insurance. 12.3 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) Commercial General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit. (2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage. (3) Employer's Liability. $1,000,000 per accident and in the aggregate for bodily injury or disease and Workers' Compensation Insurance in the amount required by law. (4) The Insurance obligations under this Agreement shall be the greater of (i) the Insurance coverages and limits carried by the Contractor; or (ii) the minimum Insurance coverages and limits shown in this Agreement. Any insurance proceeds in excess of the specified limits and coverage required which are applicable to a given loss, shall be available to the City. No representation is made that the minimum Insurance requirements of this Agreement are sufficient to cover the obligations of the Contractor under this agreement. 12.4 Deductibles and Self -Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City and shall not reduce the limits of coverage. City reserves the right to obtain a full certified copy of any required insurance policy and endorsements. 12.5 Other Insurance Provisions. (1) The commercial general liability and automobile liability policies are to contain the following provisions on a separate additionally insured endorsement naming the City, its officers, officials, employees, designated volunteers and Vandor initials PSA 4whout ppwfesslonal liability insurance (contractor) Page 8 Last Revised: 05122114 agents serving as independent contractors in the role of City officials, as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, products and completed operations of Contractor; premises owned, occupied or used by Contractor, and/or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no limitations on the scope of protection afforded to City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials which are not also limitations applicable to the named insured. (2) For any claims related to this Agreement, Contractor's insurance coverage shall be primary insurance as respects City, its officers, officials, employees, designated volunteers and agents serving as independent contractors m the role of City officials. Any insurance or self-insurance maintained by City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City officials shall be in excess of Contractor's insurance and shall not contribute with it. (3) Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (4) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled except after 30 days prior written notice by first class mail has been given to City (ten (10) days prior written notice for non-payment of premium). Contractor shall provide thirty (30) days written notice to City prior to implementation of a reduction of limits or material change of insurance coverage as specified herein. (5) Each insurance policy required by this clause shall expressly waive the insurer's right of subrogation against City, its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials. (6) Each policy shall be issued by an insurance company approved in writing by City, which is admitted and licensed to do business in the State of California and which is rated ANTI or better according to the most recent A.M. Best Co. Rating Guide. Yendor Initials PSA withoutprofessional liabdiry in trance (contractor/ Page 9 Last Revised: 05/22/14 (7) Each policy shall specify that any failure to comply with reporting or other provisions of the required policy, including breaches of warranty, shall not affect the coverage required to be provided. (8) Each policy shall specify that any and all costs of adjusting and/or defending any claim against any insured, including court costs and attorneys" fees, shall be paid in addition to and shall not deplete any policy limits. (9) Contractor shall provide any and all other insurance, endorsements, or exclusions as required by the City in any request for proposals applicable to this Agreement. 12.6 Evidence of coverage. Prior to commencing performance under this Agreement, the Contractor shall furnish the City with certificates and original endorsements, or copies of each required policy, effecting and evidencing the insurance coverage required by this Agreement including (1) Additional Insured Endorsement(s), (2) Worker's Compensation waiver of subrogation endorsement, and (3) General liability declarations or endorsement page listing all policy endorsements. The endorsements shall be signed by a person authorized by the insurer(s) to bind coverage on its behalf All endorsements or policies shall be received and approved by the City before Contractor commences performance. If performance of this Agreement shall extend beyond one year, Contractor shall provide City with the required policies or endorsements evidencing renewal of the required policies of insurance prior to the expiration of any required policies of insurance. 12.7 Contractor agrees to include in all contracts with all subcontractors performing work pursuant to this Agreement, the same requirements and provisions of this Agreement including the indemnity and insurance requirements to the extent they apply to the scope of any such subcontractor's work. Contractor shall require its subcontractors to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City pursuant to this Agreement, and to require each of its subcontractors to include these same provisions in its contract with any sub - subcontractor. 13. Cooperation. In the event any claim or action is brought against City relating to Contractor's performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation that City might require. City shall compensate Contractor for any litigation support services in an amount to be agreed upon by the parties. 14. Termination. City shall have the right to terminate this Agreement at any time for any or no reason on not less than ten (10) days prior written notice to Contractor. In the event City exercises its right to terminate this Agreement, City shall pay Contractor for any services satisfactorily rendered prior to the effective date of the termination, provided Contractor is not then in breach of this Agreement. Contractor i7,; r Initials PSA without professional liability insurance (contractor) Page 10 Last Revised: 05/22114 shall have no other claim against City by reason of such termination, including any claim for compensation. City may terminate for cause following a default remaining uncured more than five (5) business days after service of a notice to cure on the breaching party. Contractor may terminate this Agreement for cause upon giving the City D ten (10) business days prior written notice for any of the following: (1) uncured breach by the City of any material term of this Agreement, including but not limited to Payment Terms; (2) material changes in the conditions under which this Agreement was entered into, coupled with the failure of the parties to reach accord on the fees and charges for any Additional Services required because of such changes. 15. Notices. Any notices, bills, invoices, or reports authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor's and City's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses set forth in this Section, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows: If to City. Jennifer Camacho-Curtis Community Services Dept City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 If to Contractor: Curt Kindred, Owner Kindred Corporation 10833 Bell Ct. Rancho Cucamonga, CA 91730 16. Non -Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Contractor shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. Contractor will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. 17. Assignment and Subcontracting. Contractor shall not assign or transfer any interest in this Agreement or subcontract the performance of any of Contractor's obligations hereunder without City's prior written consent. Except as provided herein, Vendor Initials PSA x7thout professional liability insurance (contractor! Page 11 Lair Revised. 05122114 any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. 18. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Services. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and compliance with other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The applicable prevailing wage rate determinations can be found at hgR://www.dir.ca.poy/dlsr/DPreWageDetermination.htm Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services, available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the Project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 20. Attorney's Fees. In the event that either party to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs of experts. 21. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. 22. Applicable Law and Venue. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California. Venue for any action relating to this Agreement shall be in the San Bernardino County Superior Court. 23. Construction. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement Vendor Initials PSA %ithout professional liability insurance (contractor) Page 12 Last Revised: 05122114 shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 24. Entire Agreement. This Agreement consists of this document, and any other documents, attachments and/or exhibits referenced herein and attached hereto, each of which is incorporated herein by such reference, and the same represents the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. IN WITNESS WHEREOF, the parries, through their respective authorized representatives, have executed this Agreement as of the date first written above. Contractor Name: Kindred Corporation Ole 42440�9By; Name Date 7 ,XS WW 7T Title M Name Date Title (two signatures required if corporation) City -\A\Al Rancho Cucamong By. �.iotr Nam (tnrtityNttt�6'Li-l'tA �irVl G� 5 �'tS(���(' Title iimdor Initials PS 1 is ithout professional liabilrtr insurance (contractor) Page 13 Last Revised. 05/22/14 SCOPE OF SERVICES PSA without p ojesrional liability insurance (contractor) Last Revised: 05122114 �� I'endor Initials Page 14 aaa- !s QUOTATION NNE 27, 2017 TO: THE CITY OF RANCHO CUCAMONGA ATTN: RYAN SIMPA / JENNIFER CAMACHO-CURTIS FALL ISSUE 2017 GRAPEVINE + RANCHO REPORTER GRAPEVINE 48 PAGE SELF COVER— 8.5 X 10.75 WAY WITH CITY REPORTER IN MIDDLE QTY — 62,005 STOCK: 50# 40%PCW WASTE MIN. (OR EQUIVALENT) INKS: OUTSIDE 16 PAGES 5/2 (4+ PMS 300 / BLK + PMS 300 BLUE) BALANCE OF 36 PAGES 2/2: BLACK + PMS 300 BLUE DIGITAL EPSON PROOFS 4 COLOR ONLY AND BOOKED UP BLUELINE (I SET) FALL 2017 RANCHO REPORTER 8 PAGE SELF COVER— 8.5 X 10.75 STITCH THE 10.75 WAY QTY: 62,005 + 500 STAND — ALONE COPIES SADDLE STITCHED STOCK: 60# VELVET BOOK RECYCLED INKS: 4/4 PROCESS DIGITAL EPSON PROOF AND BOOKED UP BLUELINE (2 SETS) NOTE: 62,005 "REPORTER" STITCH IN CENTER SPREAD OF GRAPEVINE 500 REPORTERS STITCH AS "STAND —ALONE" FILES UPLOADED TO INSITE (KINDRED CORP FTP) PRESS CHECK WITH CLIENT — KINDRED TO CONFIRM DATE + TIME SEPARATE AS FOLLOWS: 58,135 SKID PACKED (THESE ARE THE ONES THAT GET MAILED OUT EDDM) —1,700 CARTONED PACK — 682 CARTON PACKED — 683 CARTON PACKED 500 STAND ALONE REPORTERS CARTON PACKED + DELIVERED TO CITY HALL MAIL OUT EDDM LIKE PAST ORDERS — DROP OFF AT RANCHO CUCAMONGA POST OFFICE. CALL TO CONFIRM POSTAGE FUNDS ARE AVAILABLE IN CLIENT ACCOUNT. PRODUCTION SCHEDULE TO BE CONFIRMED UPON RECEIPT OF DIGITAL FILES. TOTAL COST = $ 26,359.26 �• . L- LCA • - l __ F :.ri �t,nar?d :i3 hell .._rt u.wDC. _.ro-w!.i A,' 1rSg MI -.,,15 w.Wr :redc rP=uM QUOTATION JUNE 27, 2017 TO: THE CITY OF RANCHO CUCAMONGA ATTN: RYAN SIMPA / JENNIFER CAMACHO-CURTIS WINTER ISSUE 2017 GRAPEVINE + RANCHO REPORTER GRAPEVINE 48 PAGE SELF COVER - 8.5 X 10.75 WAY WITH CITY REPORTER IN MIDDLE QTY - 62,005 STOCK: 50# 40%PCW WASTE MIN. (OR EQUIVALENT) INKS: OUTSIDE 16 PAGES 5/2 (4+ PMS 300 / BLK+ PMS 300 BLUE) BALANCE OF 36 PAGES 2/2: BLACK + PMS 300 BLUE DIGITAL EPSON PROOFS 4 COLOR ONLY AND BOOKED UP BLUELINE (I SET) WINTER 2017 RANCHO REPORTER 8 PAGE SELF COVER- 8.5 X 10.75 STITCH THE 10.75 WAY QTY: 62,005 + 500 STAND - ALONE COPIES SADDLE STITCHED STOCK: 60# VELVET BOOK RECYCLED INKS: 4/4 PROCESS DIGITAL EPSON PROOF AND BOOKED UP BLUELINE (2 SETS) NOTE: 62,005 "REPORTER" STITCH IN CENTER SPREAD OF GRAPEVINE 500 REPORTERS STITCH AS "STAND -ALONE" FILES UPLOADED TO INSITE (KINDRED CORP FTP) PRESS CHECK WITH CLIENT - KINDRED TO CONFIRM DATE + TIME SEPARATE AS FOLLOWS: 58,135 SKID PACKED (THESE ARE THE ONES THAT GET MAILED OUT EDDM) -1,700 CARTONED PACK - 682 CARTON PACKED - 683 CARTON PACKED 500 STAND ALONE REPORTERS CARTON PACKED + DELIVERED TO CITY HALL MAIL OUT EDDM LIKE PAST ORDERS - DROP OFF AT RANCHO CUCAMONGA POST OFFICE. CALL TO CONFIRM POSTAGE FUNDS ARE AVAILABLE IN CLIENT ACCOUNT. PRODUCTION SCHEDULE TO BE CONFIRMED UPON RECEIPT OF DIGITAL FILES. TOTAL COST = $ 26,359.26 1 ' i IL , r +1 ■ r-. r 1.6 - - , ?1*7 _ YID • � _ _ __ _ � EXHIBIT B SCHEDULE FOR PERFORMANCE PSA without professional liability insurance (contractor) Last Revised: 05122114 Vendor Initials Page 15 I r IL ��� 1.•11-� � � JT� r� _ _ Tr i_ � r- -� - 1 _ _ 11 ,Nllft LA .k ' n t Mayor L Dennis Michael i Mayor Pro Tem Lynne B. Kennedy Council Members William J. Alexander, Sam Spagnolo, Diane Williams City Manager John R. Giilison Mr • �� Yf a 't`�I (A 10500 Civic Center Drive I P.O. Box 807 1 Rancho Cucamonga, CA 91729-0807 1909.477.2700 j www.cityofRC.us June 26, 2017 Curt Kindred Kindred Corporation 10833 Bell Ct. Rancho Cucamonga, CA 91736 Mr Kindred, So that the City may facilitate efforts to contract with Kindred Corporation for the printing of the fall 2017 and winter 2018 editions of the Grapevine and Rancho Reporter publications,, please review the Schedule of Performance Timeline below. Initial next to each specification to indicate Kindred Corporation's compliance with the approximate timelines identified by the City, FALL 2017 / WINTER 2018 SCHEDULE OF PERFORMANCE TIMELINE Vendor initials Art and Prepress Grapevine and Rancho Reporter - digital files provided to printer through online transfer, online file transfer service, FTP upload, email, or other. Files created with Adobe InDesign, Illustrator and/or Photoshop software. Fall issue - provided to vendor late June to early July Winter issue - provided to vendor early November,/ Required Proofing - one round Grapevine - hard copy booked up blueline (1 set) Rancho Reporter - hard Copy booked up blueline (1 set) Fall & Winter issues - provided to City approximately 1 - 1 % weeks after printer receives completed artwork files. City to review bluelines, accept with or without changes, and return to printer approximately 2 business days thereafter. Printing Schedule Approximate print dates: Fall issue - early to mid-July Winter issue - early to mid-November Delivery Services Approximate dates for bundling, packaging and delivery to 3 Rancho Cucamonga facility locations. Quantities are approximate and vary each issue: 2,500 - 5,000, with 500 standalone Rancho Reporters. Fall issue - mid-July Winter issue - mid- to late November �-_ _ r 1� � ti• � ��•r_ ..,fit • ■ F i'- n = -,5'- r. �-T- tit- � � �__� .-�.-,-� til r _-_-- -f •`� Y� - - a - - ' �4� - • �i � �ti.-mil �.�- ;- - � � Mayor L Dennis Michael I Mayor Pro Tem Lynne B. Kennedy Council Members William 1. Alexander, Sam Spagnolo, Diane Williams City Manager John R. Gillison 10500 Civic Center Drive I P.O. Box 807 1 Rancho Cucamonga. CA 91729-0807 I 909A77.2700 www.CltyofRC.us Mailing Services Approximate dates for sorting, bundling, packaging and delivery to Post Office. Quantities vary and depend on printer's assessment of most current residential carrier route mailing numbers. Mailed through EDDM USPS postal permit with pre- printed indicia. Fall issue July 17th Winter issue - November 20tb Shouldyou have any questions regarding this letter, please do not hesitate to contact me or Marketing Coordinator Jermifer Camacho-Curtis at (909) 477-2760, ext 2212, or lennifer.Camacho- Curtis@CityofRC.us. Sincerely, Ryan Sipma Office Specialist 11 Community Services Department City of Rancho Cucamonga (909) 477;2760, ext, 2206 Ryan.Sipma@CityofRC.us 'J a .QeCW?e CERTIFICATE OF LIABILITY INSURANCE °�' o6/ia/12/2o17017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED QY THE, POLICIES BELOW: THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS} AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT., If the certificate holder Is an ADDITIONAL INSURED, the poilcy(les) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION 14 WAIVED, subject to the terms and candltlons of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER DEB$ CR= nirsu ANCR SERVICE P O HOS 69 rONTACT NAM C>8 HOCT<YrALD NE (909) 980-6180 :(9093 980-2965 AMAMI chrisedeercreekinsuraaoe.com RAN$OD CUCANONGA CA 91739 INBUREALSLAFFORDINR COVERAGE NAIC ! INSURER At CHIO SECURITY INSURANCE CO 24092 IACHOCCURR6JIOE $ 2. 0041 000 INSURED. THE 132MI O CORPORATION Iugp!Ensi kFMNALBADYINJJRY $ 2,000,000 INSURER C : INSURERD: 10833 SHI+L CT INSURERS: RA18(5 ONG$ CA 91130 INSUREiiFI ANY AUTO pOp6pNLY NEODULeD 8 a�xt�TED HlAlti SONLY rAItL%N or COVERAGES CERTIFlCATE'NUMI3MCer-t 33)r 793 REVISION NUMBEBt THIS I TO CE FY . TTHE POLICIES OF IN$TURANC LISTED BELOW HAVE B EN ISSUED TO THE INSURED NAMED ABOVE FOR -THEPOLICY PERIOD WI INDICATED, NOTTHSTANDINO ANY REQUIREMENT, TERM OR CONDTI'ICQN OF ANY CONTRACT OR OTHER IJOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURAN(:E AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECF` TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOtWN MAYHAVE BEEN REDUCED BY PAID"CLAIMS: IN TYPEPFINSbRAWR THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN wvn PaUCVNUMBER 14001upam ANM LIMITS A It COMMERCIAL ENERALIJABILnY CI.AIM6.MADE XOCCUR BZS55959917 02/07/2017 02/07%2016 IACHOCCURR6JIOE $ 2. 0041 000 IBES E ac ru:e ; 2.000.00q MED EXP one Pe raun); 15, 000 kFMNALBADYINJJRY $ 2,000,000 6EN,LAGGREGATE UmrrAPPLIES PER POLICY a ACTT 0 LOC OTHER GENERALACiG ATE ; 4.060,000 PRODUCTS-COMPtOPAGG $ 4. 000, 000 $ AUIYOMOBILBLIABILITV ANY AUTO pOp6pNLY NEODULeD 8 a�xt�TED HlAlti SONLY rAItL%N or Ea ecd ent BODILY INJURY (Per pemort) SPOILY NJURY�Peracadeny $ PROP ers rtt S s UMBRELLAUAB EXCESS I" OCCUR CLAIMS -MADE I EACH OCCURRENCE ; AGGREGATE ; DEb 1 1 RETENT ION I.._ 4MOIN COMP (SATION AND1VOYE PLptelLrtY 'ANYPRLIMII TORfPARTNERfEXECit(IVE YIN gpRAEMRrgni OED? D QFFlC EE (MandatarylnNH) Ityyea�� �dsmbeeer @ESCRIPTION POPERATIONSbelow NIA PER OTH- STAT TE ER EL..EACH AGCIDENT ; EL.D!SEASE- EAEMPLOYEE $ E.L..DISEASE-POL.CYLpNrr ; s s DESCRIPTION OF OPERATIONS I LOCA710NOJ VEHICLES (ACORD 101, Addldond Remarks Schedule, maybe attached If Moro space Is requtred) The City of. Rancho Cucamonga, members of its City Council, Hoards and Commisaionsr Officers, Agents. Employees and Volunteers are named as additional insured as respects Commercial general liability per form BP7996(07/13) attached: CERTIFICATE HOLDER CANCELLATION 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Page 1 of 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CITY OF RANCHO CUCAbIONGA 10500 CIVIC CSNTBR DRIVE ALRHORIZEDRSPRE8ENTATIYE PO BOE 807 RANC80 CIICAMONGA CA 91729 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Page 1 of 1 _ - ■ *-M7=. 1 l a.j a ,- . 11 til_s■+� �� J ,�� J Zr BUSINMOWNERS OP 79 96 07 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SIISINESSOWNERS LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under that following: BUSINESSQWNER$ COVERAGE FORM AGGREGATE LIMI'j 3 OF INSURANCE 3 AMENDMENT' OF INSURED CONTRACT DEFINITION 4 BLANKET ADDITIONAL. IN$UREL7 (OWNERS, CONTRACTORS OR LESSORS) 2 BOPILy INJURY 4 BROADEN90 COVERAGE FOR DAMAGE TO PREMISES RENTED TO YOU 2 [DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 4 INCIDENTAL MEDICAL, MAL.PRACTIGE 2 MOBILE EdQIPMEW 2 NEWLY FORMED 09 ACOUIREO ORGANIZATIONS 3 PERSONAL AND ADVERTISING INJURY 4 SUPPLEMENTARY PAYMENTS a Bal Bunds Loss Of Earnings ® 2013 Liberty Mutual Insurance. All rights reserved. 8P 79 96 07 13 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 Of 4 Secbon Il - Liability is amended as follows: 1. SUPPLEMENTARY PAYMENTS Paragraph f.(1)(b) of A Coverages is replaced by the following; (b) up to $3000 for cost of bail bond required because of accidents or traffic law violations arising out of the use of any vehicle to which Business Liability Coverage for "bodily injury" applies- We do not have to furnish the bonds. Paragraph 13.(1)(d) of A Coverages i9 replaced by the following; (d) All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or 'suit", including actual loss of earnings up to $600 a day because of time off from work. II. BROADENED COVERAGE FOR DAiVIAGE TO PREMISES RENTED TO YOU With respect to the coverage provided under this endorsement, Section If - Liability is amended as follows: 1. The final paragraph of B.I. E=xclusions - Applicable To Business Liability Coverage is deleted and replaced by the following: With respect to tha premises which are rented to yoy or temporarily occupied by yaw with the permis- sion of the owner, Exclusions a., d., a., g., h., k., I., m., a. and o. do not apply to "property damage". 2. Paragraph 0.2. Uabiik And Medical Expenses Limit@ Of In3yranov is deleted and replaced by the rolrowinp; The most we will pay under this endorsement for the sum of all damages because of all "property darpaga" to premi" while r+entgl tq you or temporarily occupled by you with the pormissiori of the olynei` is the Liftill of Insurance shown in the Declarafiop. 3. Paragraph D.3. Liability And Medical Expense& Limits Of Insurance is deleted. 111, INCiDENTAL. MEDICAL MALPRACTICE Exclusion i.j.(4) does not apply to Incidental Medical Malpractice injury coverage. The following Is added to R LIAQIUTY AND MEDICAL. EXPENSES DEFINITIONS# 23. "Incidental Medical Malpractice Injury" means bodily injury arising out of the rendering of or failure to render, during the pollpy period, the following services: a. medical, surgical, dental, x-ray or nursing service or treatment or the furnishing of food or, bev ereggs In connection therewith; or b. the furnishing or dispensing of drugs or medleal, dental or surgical supplies or appliances, This cover a does not apply to: 1. expenses incurred by the insured far first aid to others at the time of an accident and the Duties In the E=vent of Occurrence, Claim or Suit Condition is amended accordinglyj 2 any Insured engaged In the business or occupation of providing any of the servicefir described under a and b. above; 3. injury caused by any indemnitee if such indemnities is engaged in the business or occupation of providing any of the services described under a. and b. above. IV. MOBILE EQUIPMENT 1. Section C, Who is An Insured is amended to include any, person driving "moble equipment" with your permission. V. BLANKET ADDITIONAL INSURED (OWNERS, CONTRACTORS OR LESSORS) 1. Section C. Who Is An Insured is amended to include as an insured any person or organization whom you are required to name as an additional insured on this policy under a written contract or written agreement,. The written contract or agreement must be: a. currently in effect or becoming effective during the term of this policy: and b. executed prior to the "bodily injury", "property damage", "personal and advertising injury". m 2013 Liberty Mutual Insurance. All rights reserved. 13P 79 96 07 13 Includes copyrighted material of Insura ce Services Office, inc., with is rermiss an. Page 2 of 4 2. The insurance provided the additional insured is limited as follows; a. The person or orga*Mlon Is only an additional insured with respect to liability arising out of (1) Real property, as described in a written contract or written agreement, you own, rent, lease, maintain or occupy; (2) Caused in whole or 'n part by your ongoing operations performed for that Insured. Ix The limits of insurance applicable to the additional insured are those specified in the written contract or written agreement or the limits avallablel under this pollcy, as stated In the, Qeclara. lions, whichever are less, These limits are inclusive of and not in addition to the limits of Insurance available under this policy, M c. The insurance provided the additional insured does not apply to; (1) Liability arising out of the sole negligence of the additional insured; (2) "Bodily injury4, "prgp" damage", "personal and advertising injury"; or defense coveragil unddr the $uppldmontary P*Onlo section of this pollOV arising out of an ArcltitWs, en- gineer's or 6utveypr's, rendering of or failure to render any professional service's including; (a) Tho preparing, apptw, ng maps, shop drawings, opinions, reports, purveys, field Ord", chMV0 orders!. or 0mviings gnO $peclQcationit and (b) Supervisory, Inspection, architectural or engineering activities �z (3) Ally "cicourMOW that taken pWA aftdr yAu geed td be a tonant ii1 the pilritiso described In the Qeddra; or (4} StrucUpI a r Hong, net trortstrt,ctiort or derr,oliaofr ops Banat PerkrrnO by or iQi• the person or organization designated in the Dedarettons, S. Any =verage provided hereunder shalt be excess over any other valid and callecuble insurance avaitf able to the additional insured whether primary, excess, contingent or on any other basis unless a coritract specifically requires that ibis Insurance be primary or you request that, it apply on a primary s basis: VI. NEWLY FMI`111 Lk OR ACQUIRED ORQANIlATIONS The following is added to C. VVhp Is An Inetired; S. Any business entity acquired by you or incgrporsted or orgpnlzed by yo4 under the laws of any Individual statie of II10 United Staltes of Ail M04 over Which you nlaintl3lo, majority ownership Interest agAeding fifty percent $40 acquIr60 at deWfy fdrMgd organVaiion will quality an a Named Insured it there is no similar Ins4rance available to that entity, However, a, Coverogo under this provision Is afforded only until the 180th day after the entity was acquired or Incorporated or organized by you or the end of the policy perlbd, Whichever is earlier; b. Coverages A. Paragraph 1. Businesa Liability, does not apply to (1) "Bodily injury" or "property damage" that occurred before the entity was acquired or incor- r parated or organized by you, and (2) "Fersorlal and advertising injury" arising out of an offense committed before the entity was acquired or incorporated or organized by you; and c. Records and descriptions of operations must be maintained by the first Named insured. Na person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured In the Declarations, VII, AGGREGATE LIMITS The following is added to Aggregate Limits Paragraph 4. of D. Liability and Medical Expenses Limits of Insurance The Aggregate Limits apply separately to each of "locations" owned by or rented to you or temporarily occupied by you with the permission of the owner The Aggregate Limits also apply separately to each of your projects away from premises owned by or rented to you. For the purpose of this endorsement only, 'location" means premises Involving the same or connect- Ing onnectIng lots, or premises whose connection is Interrupted only by a street, roadway, waterway or right- of-way of a railroad. 0 2013 Liberty Mutual Insurance AN rights reserved. BP 79 96 07 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 4 Vlll. DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT I. The requirement in E. Liability And Medical Expense% deneral Conditions paragraph 2.a. that you must see tq it that. vire are ngtiffed of an "occurrence" or offense which may result in q claim applies only when the "occurrence" is known to any insured listed in Paragraph C.1. Who is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim. 2. The requirements in E. Liability And Medica( Expenses General Conditions paragraph 2.b. that you must see to It that we receive notice of a claim or "sulfa will not be considered breached unless the breach occurs after such claim or "suit" is known to any insured listed under Paragraph C.1. Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim. IX. BODILY INJURY Paragraph 3. of F. Liability And Medical Expenses Definitions is replaced by the following: 3. "Bodily Injury" means: a. Bgdfly Injury, sickness, disease, gr Ingidenfal meolcgl malpraotiee InjNry sustained by a person, and includes mental anguish resulting from any of these, and including death resulting from any of these at any .ti.mO. X. AMENDMENT OF INSURED CONTRACT DEFINITION P"eragtaph g. of F, LtobliltV And Medical Expenses Definitions is replaced by the following'- 9. ollowing'9. "Insured contract" meanat a. A cchtract foir a feasd of promises. However, that portion of the contract for a lease of promises that indernnitles any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner Is not an "insured contract", b" A sidetrw* agreement; c. Any eagement or license agreement, except In connection with construction or demolition oper, anon* on or within 50 feet of a raijroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality, a. An elevator malntanance agreement; f. Thai Aart of any other contrast or agreement pertaining to your businas& (including an Indern" nifiwtiotl of a municipality in connection with work performiso for a m4nicipality) udder which you aspon* the tori; liability of anottigr party to pay for "bodily injury" or "property damage" td a third person or organization, provided the "bodily Injury" or "property damage" Is caused, in whole or in part. by you or by those acting on your behalf. However, such part of a contract or agreement shall only be considered an "Insured contract" to the extent your assumption of the tort liability is permitter# by law. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph L does not Include that part of any contract or agreement: (1) That indemnifids a railroad for "bodily Injury" or "property damage" arising out of construo- g tion or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: A (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, Reid orders, change orders or drawings and specifications, or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (2) above and supervisory, Inspection, architectural or engineering activities. XI. PERSONAL AND ADVERTISING INJURY Paragraph 14. b. of F. Liability Arid Medical Expenses Definitions is replaced by the following b. Malicious prosecution or abuse of process. 2013 Liberty Mutual Insurance. AO rights reserved. BP 79 96 07 13 Includes copyrighted material of Insurance SerAces Office, Inc., with its permiss on. Page 4 of 4 Ac & CERTIFICATE of LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A HATTER OF INFORMATION ONLY AN* CONFERS AID R(GHT'S UPON 7HE CERTIFICATE HOLDER. THIS CERMICATE DOES NOT AFFIRMATt14611.Y OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGk AFFORDED SY THE POLICIES 89LOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTI[UTS A CONTRACT SE(V"M THE ISSUING INSURER(SV, AUTHORRED REPkESENTATIVE OR PRODUCER. AND THE CERTIFICATE, HOLDER. APORTAMr. it the cert ilcata holder Is an ADgITIONAL INSURED. the pofty(WO) must have ADDITIONAL INSURED provisions gr be anderned. If SUBROGATION IS WAIVED. subjoat to the tonM and con0lions of Qm poky, certain policies may mgWm an andomamaM. A slaiement on this certificate dose not conforJOU to thv c,"ffpa0 holder In herr of such wAorsomw0al. PRODUcaR 8taoy Yw% '3lraM Kris"* E 11,0narK Agent �►htI 909�dit1 F 909.904961 25113 EucW Ave afaq.Lyvrk r9rrtw ,4cmt Orrtft Cir 9T168 1 MAJO a State rramr MukW Automobile tnmmxe Compwgi 1 251178 1 Mom .. I Cult i DBAfma Kindred Corp I 10833 SELL OT INEWgi FICHOUCAMONMCA ln?30.4= ,wvr THIS IS TO. CERTWY THAT TH OF IN8URANcri 41STEA seww PAVE Imso TO TR INffiUREIIF Atrn Foot Too POLICY P� INt>tOATED ; NOTYWMVTANIJ" MY RaCKIVI A"M TERRQ O %COHOCTIE}1i�pt1►�I 100:114. q(! g1Nt�i t30O(JAgBfi+lT "M lum"T TO H THIS 'UA�A?SBtMR1tWdlEpA�NAdt?ldJl& F1ElN d8 &UWP iit ALL 7NE i6i{AM. AffdPO SpLpmworSUCAt rVA OF Irr611AAWX I trpnl Cowun iaLGBIRMLLWOMTY P1lcNGCtS,,RntlrCB 9 CLA+fd&MAW � aCOtlp � { P, � E f n6k AGaa gwe tsar APA" � Pteor W ,d w rri t 0 ; Q too • psrrrG s QW19ft8 Atrrrir4srrrJeuAu+trrY Y Y 1405 bos-mi—m ovail a oi/r/m a s Z=."0 AMYALTO , now dMdtt)iY (Por 0eraan) t ..: ' I traow rwA;rpr tver ar+a�,.t a I°A°o+r All GON L l s UN NOL" U" GCCUR t t9tti1R U"amsa tAoe ! t t6At! a waoRrtl�corp�rs,+cna+ nrowo+apea�►pr�prlr ul Y ( �s Il 1 %$A ` { E L EADF1 ACCiDext x 9PHCE1�6bi�SE1c In" l I , f F.sL6,Q ,•M@A tDYy a rM 4aan� wlC-� p R tR ` I �Lo18HAsfl- t>R7T t 1 aeeCMVVIOR or Ormu,rlolaSr LOCAT*X2rveurOL24 iACORD ioe. Aaaxlo,P4 Raf7raga Schad%m" be 4dwWW amara *Pon a eaa,nn14 14 DODGE PROMASTER VAP( CRGO VAN VIN: 3CGTRVCGI EE1GM ADDITIONAL INSURED The City Of Rancho Cucamonga, members of ds city council. Boards 8 Commislorm. Officem Ageem Employees and Volunteers Cay Of Rancho Cucamonga 10500 Civic Center Drive PO Box 807 Rancho Cucamonga, CA 91729 ACORD 2512018!03) SHOUW ANY OF THE ABOVE 00CRWO POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, WMCB '/MILL BB DELIVERED IN ACCORDANCE WITH THS POLICY PROVI9ION9. 019M MS ACORD Ctq�AORATION. AH rights reserved. Tho ACORD name and togs ars registered rr ehn of ACORD -14% tVSM12 OS -162016 9Mw Policy No.: 40533el-75H SECTION Ill ADDITIONAL INSURED ENDORSEMENT Policy No.: 4053361-75H Named Insured: Curt Kindred DBA The Kindred Corp Additional Insured (include address): The City Of Rancho Cucamonga, Members of its City Council, Boards and Commislons, Officers Agents, Employees and Volunteers I Q$00 Civic Center Drive P.O. Boa 807 Rancho Cucamonga, CA 91729 °NHO IS AN INSURED, under SECTION 11 DESIGNATION OF INSURED, is amended to include as an insured the Additional Insured shown above, but only to the extent that liability is imposed on that Additional insured solely because of your work performed for that Additional Insured shown above. Any insurance provided to the Additional Insured shall only apply with respect to a claim made or a suit brought for damages for which you are provided coverage. The Primary Insurance coverage below applies only when there Is an "X° In the box. 21 Primary insurance. The insurance provided to the Additional Insured shown above shall be primary insurance. Any Insurance carried by the Additional Insured. shall be noncontributory nth respect to coverage provided to you. All other policy provisions apply. FE -6W9 Printed in U -SA 1 KINOREI OP ID, DATEWDWC 091200/2017=17YI/Y) CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 323-72"500 ERWCT Pauline B. Ornelas, CIC PHONE 323-728-9500 FAX 823-728-0487 NC Fid): No PIASC Insurance SWces, Inc. LIC -110 0747420 P O, Bmf 810838 Los Angeles CA 80081.0958 Paulin B Omelae CIC INSU AFFORDING COVERAGE NAIC 0 INSURER A: Preferred Emplayere Ina. Co. 10900 INSURED The Kindred Corporation 10833 Bell Court Rancho Cucamonga, CA 91730 INSURER B. C : PRODUCTS - COMP/OP AGG INSURER U LIABILITY ANYAUTO OWNED SCHEDULED AUTOS ONLY AUT08y AUTOS ONLY UTOS ONa INSURER F,. rnVFRAf.1FR r_FRTIKICOTF NtIMRFR- REVISION NUMRER! THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I SR TYPE OF INSURANCE AD UB POLICY NUMBER POLICY EFF POLI EXP LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F7OCCUR AUTHORIZED REPRESENTATIVE Rancho Cucamonga, CA 91729 �. EACH OCCURRENCE DAMAGE TO RENTED MW EXP (Any am parsoM S PERSONAL A ADV IPMURY GEN% AGGREGATE LIMIT APPLIES PER: POLICY ❑ %w F—] LOC OTHER GENERAL AGGREGATE PRODUCTS - COMP/OP AGG AUTOMOBILE LIABILITY ANYAUTO OWNED SCHEDULED AUTOS ONLY AUT08y AUTOS ONLY UTOS ONa COMBINED SINGLE LIMIT BODILY INJURY Per pwaml BODILY INJURY Par aoctden P a AMAGE UMBRELLA Lim EXCESS LUAS OCCUR CLAIMS -MADE EACH OCCURRENCE S AGGREGATE DED RETENTION $ _ A WORKERS COMP TION Ok)M,cEAND�gERE TMUpE� �� a ., NN) Irdesctlbe under D C 0 oP O NIA X KN431478-12 o9m,r2ot7 9am1r2o,9El- X PER OTH- — ,,000,000 EACH ACCIDENT E.L, DIS O 3 1,000,000 D s UC 1.000.000 DESCRIPTION OF OPERATIOgNaS, I LOCATIONS I VE�THIICLES IACORD 101, Additional Remarks Schedule, may be attached if mon apace le required) � v ABoards ' WAIVER OF Zm OfficeRancho r Emplayaea bers ens Yalu re Council, CamCity SUBROGATON APP°�c u rFRTIGIrATF Hrl1 n;:o rhMrPI I ATH1N ACORD 25 (2016103) ©1988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City Of Rancho Cucamonga 10500 Civic Center Drive P.O. BOX 807 AUTHORIZED REPRESENTATIVE Rancho Cucamonga, CA 91729 �. ACORD 25 (2016103) ©1988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD FE 6671 Page t of 1 'NAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SCHEDULE Policy Number. 4053361-75H Named Inaumd: Curt Kindred DBA The Kindred Corp Name and Address of Person or Organiasrtion: The City Of Rancho Cucamonga, Members of Its City Council, Boards and Commisions, Officers Aigenta, Employees and Volunteers 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA 91729 The following is added to Paragraph 10.h. of SECTION 1 AND SECTION 11— COMMON CONDITIONS: We waive any right of recovery we may have against the person or organization shown In the Schedule because of payments we make for injury or damage arising out of: a. Your ongoing operations; or b. Your work done under contract with that person or organization and included in the products - completed operations hazard. This wahrer applies only to the person or organization shown in the Schedule. All other policy provisions apply. FE -W1 A CopyngK State Farm ir", M Autamobile Insurance Company, 2W8 Includes topyfthW material of Insurance 8enicos Office, Inc.. with its pa mrssw b72 gad n U SA �: y DATE: May 30, 2017 Community Services Department TO: Ruth Cain, Procurement Manager FROM: JoAnn Gwynn, Community Services Manager OV BY: Ryan Sipma, Office Specialist II SUBJECT: SINGLE SOURCE JUSTIFICATION The Community Services Department is submitting a Single Source Justification form; this memo is for the purpose of clarifying the reasoning of selecting a specific company for the printing, binding, packaging, and mailing services for the fail 2017 and winter 2018 issues of the Grapevine and Rancho Reporter City publications. The company we have contracted with for the past several years, Clearwater Graphics, inc., PO# 055886, informed us shortly after completing their obligations for the summer edition of our publications that they had gone out of business, and would be unable to fulfill the remainder of our contract, no. 15-165. We were informed of this during the start of the fall production period where time is of the essence with less than two months remaining until the fall edition is expected to go to print. The Community Services Department researched print vendors online, vendors with which we have current working relationships with, vendors that had submitted bids during our 2015 RFH for printing services, and vendors that came by recommendation from Clearwater Graphics, Inc. These include Minuteman Press, Southwest Offset Printing, Kindred Corporation, Advantage Mailing Inc., The PM Group, and Freedom Printing. Of all vendors researched, Kindred Corporation is the only one that meets required specifications and standards. The Community Services Department established contact with Kindred Corporation, a manufacturing printer looted in Rancho Cucamonga, upon recommendation by Clearwater Graphics, Inc. Kindred Corporation has expressed interest and has stated their intention to meet the various printing, binding, packaging, and mailing service requirements and standards that the department is accustomed to. Kindred Corporation understands the City's budgetary constraints and has shown willingness to provide their services at a price lower than, or at the same nate as, what our 17118 budget demands. Kindred Corporation is located within close proximity to City Hall which would allow for them to hand -deliver blueline hard copy proofs, a benefit that is essential to quality assurance, and has familiarity with dealing directly with the Post Office that the City uses to mail EDDM pieces through our advance deposit business mail account. It is for these reasons that the Community Services Department recommends the option to procure Kindred Corporation as the single source provider of print services for the Grapevine and Rancho Reporter for the fall 2017 and winter 2018 editions of these publications. CC: Elisa Cox, Deputy City Manager France Palmer, Communications Manager Lonnie Shipman, Community Services Superintendent Jennifer Camacho-Curtis, Community Services Coordinator Jennifer Brown, Management Analyst I Page 1 of 1 CITY OF RANCHO CUCAMONGA SINGLE/SOLE SOURCE JUSTIFICATION FOR PURCHASES $5,000 AND ABOVE 10 The below information is provided in support of my Department requesting approval for a single/sole source. Outside of a duly declared emergency, the time to develop a statement of work or specifications is not in itself justification for single or sole source. Vendor: Kindred Corporation Date: May 30, 2017 Commodity/Service: Grapevine and Rancho Reporter printing, binding, packaging, and mailing all Estimated expenditure: $53,000.00 Your Name: JoAnn Gwynn Extent of market search conducted: Conducted Internet search. Considered other known printers whose services have been used by the City. r.nnairiarad mrawimic ?naF rZrana%rino/Ranrhn Rarw%rFar iii Price Reasonableness: Price Is reasonable and consistent with prior vendor's pricing. Does moving forward on this product/service further obligate the City to future similar contract actual arrangements? No. DEFINITIONS: SINGLE SOURCE — a transaction with a business entity that is chosen, without competition, from among two or more business entities capable of supplying or providing the goods or services that meet the specified need. SOLE SOURCE - A transaction with the only business entity capable of supplying or providing the goods or services that meet the specified need. Initial all entries below that apply to the proposed purchase (more than one entry will apply to most single/sole source products/services requested). If needed, attach a memorandum containing complete justification and support documentation as directed in Initial entry. THIS IS A SINGLE SOURCE 0 THIS IS A SOLE SOURCE PURCHASE (check one). 1. SINGLE/SOLE SOURCE REQUEST IS FOR THE ORIGINAL MANUFACTURER, THERE ARE NO REGIONAL DISTRIBUTORS. (item no 3 also must also be completed). 2. THE PARTS/EQUIPMENT ARE NOT INTERCHANGEABLE WITH SIMILAR PARTS OF ANOTHER MANUFACTURER. (Explain in separate memorandum). mwempFilesWemporary Internet Files\01.K21C\Sole Source Justification Form (3).doc Single/Sole Source Justification Form Page 2 3. THIS IS THE ONLY KNOWN ITEM OR SERVICE THAT WILL MEET THE SPECIALIZED NEEDS OF THIS DEPARTMENT OR PERFORM THE INTENDED FUNCTION. (Attach memorandum with details of specialized function or application). 4. UNIQUE FEATURES OF THE SUPPLY/SERVICE BEING REQUESTED. THERE IS NO ALTERNATIVE SUPPLIER. (Attach memorandum with reasons why these unique features are and what benefit the City will accrue.) 5. THE PARTS/EQUIPMENT ARE REQUIRED FROM THIS SOURCE TO PERMIT STANDARDIZATION (Attach memorandum describing basis for standardization request). 6. NONE OF THE ABOVE APPLY. A DETAILED EXPLANATION AND JUSTIFICATION FOR THIS SINGLEISOLE SOURCE REQUEST IS CONTAINED IN ATTACHED MEMORANDUM. The undersigned requests that competitive procurement be waived and that the vendor identified as the supplier of the service or material described in this single/sole source justification be authorized as a single/sole source for the service or material. Department Head: _�� Department: �,,,,=I o • • • • • • • . • Comments: APPROVED Purchasing Department 0 • 6 • • • • • • • APPROVED WITH CONDITION/S DISAPPROVE r $5,000 - $50,000 APPROVED BY PURCHASING MANAGE C Date: $50,000 —100,000 APPROVED BY CITY MANAGER: Date: $100,000 AND OVER See comments above by Purchasing Division, attach to Council Request CITY COUNCIL ACTION: Date: DA'rcnipFiles\I emporury Internet Fiies\OLK21C\Sole Source Justification Form (3) doc 1/18/07 AMENDMENT NO. 002 to Professional Services Agreement (CO #17-155) between Kindred Corporation (hereinafter "Contractor") and City of Rancho Cucamonga (hereinafter the "City") This Amendment No. 002 will serve to amend the Professional Services Agreement (hereinafter "Agreement"), CO# 17-155, to incorporate the following: 1.1 Scope and Level of Services is hereby amended to read: Subject to the terms and conditions set forth in this Agreement, City hereby engages Contractor to perform all services described in Recitals "A" and `B" above, including, but not limited to printing and mailing of the 2017 Fall and Winter, 2018 Summer and Fall Grapevine and Rancho Reporter issues, and the 2018 Lewis Family Playhouse Season Brochure. 2. Term of Agreement: This agreement has been in place for one year with the option to extend for an additional year. Both parties would like to extend the agreement for one year. 3.1 Compensation is hereby amended to read: City shall compensate Contractor as set forth in Exhibit A, provided, however, that full, total and complete amount payable to Contractor shall not exceed $177,160.00 (One hundred seventy-seven thousand, one hundred sixty dollars), including all out of pocket expenses, unless additional compensation is approved by the City Manager or City Council. All other Terms and Conditions of the original Agreement CO#17-155, 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 7th, 2018. The City will process both copies for signature and provide Kindred Corporation with one (1) fully executed copy of the Amendment. Kindred Corporation City of Rancho Cucamonga 0 Name Date Title By: Name Date Title By: Name Title By: Name Title Date Date ATTACHMENT 2 Last Revised: 09/28/2012 Page I of 2 (two signatures required if corporation) Last Revised: 09/28/2012 Page 2 of 2 DATE: April 4, 2018 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Candyce Burnett, City Planner Flavio H. Nunez, Management Analyst II SUBJECT: CONSIDERATION OF A LOAN AGREEMENT, PROMISSORY NOTE, REQUEST FOR NOTICE, AND AFFIRM THE PURCHASE AND SALE AGREEMENT OF THE NEIGHBORHOOD STABILIZATION PROGRAM PROPERTY LOCATED AT 6948 SPINEL AVENUE. RECOMMENDATION: Staff recommends the City Council approve a Loan Agreement, Promissory Note, Request for Notice; affirm the Purchase and Sale Agreement and authorize Staff to execute all documents necessary to complete the transaction of the Neighborhood Stabilization Program property located at 6948 Spinel Avenue. BACKGROUND: Title I I I of Division B of the Housing and Economic Recovery Act of 2008 ("HERA") appropriated $3.92 billion for emergency assistance for redevelopment of abandoned and foreclosed homes and residential properties. Grants under HERA are considered Community Development Block Grant ("CDBG") funds and are implemented through the Neighborhood Stabilization Program ("NSP"). NSP funding was determined by a formula that considered statewide factors such as the number of loans that were: 1) in foreclosure, 2) subprime, 3) in default (90 days delinquent), and 4) 60 to 89 days delinquent, and then factored in local criteria such as 1) local foreclosure estimates, and 2) local vacancy rates. Based upon these criteria, Rancho Cucamonga received a direct allocation of $2,133,397 in NSP funds in late 2009. Over the past 8 years staff facilitated the acquisition of five homes in various stages of distress, and partnered with Habitat for Humanity and House of Ruth to provide housing for three income qualified families. Staff also coordinated the rehabilitation and sale of one property to a qualifying resident. The subject property is the last of the remaining NSP properties. The property has been rehabilitated and is ready for sale. Upon completion of this transaction, the NSP Program will be closed out and any remaining NSP funds will be transferred to CDBG for future projects. ANALYSIS: Through a partnership with Neighborhood Partnership Housing Services, Inc. (NPHS), the subject property was rehabbed and income qualified families were pre-screened and pre -qualified to enter a drawing for the purchase of the property. One family was selected to move through the escrow process. This family has also completed a home buying education workshop as required by the program. As part of the NSP program, the family was pre -approved for a first trust deed loan with a private lender and will also be executing a silent second loan agreement with the City of Rancho Cucamonga for down payment assistance. FISCAL IMPACT: The funds utilized for the rehab and sale of the subject property were allocated as part of the NSP Program under the Housing and Economic Recovery Act. The estimated resale of the of the subject property is $434,552. The family selected to purchase the property has been pre -approved with a private lender for the first trust deed loan and will receive a silent second loan from the NSP Program for down payment assistance and closing costs of approximately $104,600.00. COUNCIL GOAL(S) ADDRESSED: Although a specific current City Council goal does not apply to the Neighborhood Stabilization Program Property, the project is consistent with the vision of the General Plan by providing affordable housing opportunities through the rehabilitation and retention of housing stock. ATTACHMENTS: Description Attachment 1 - Purchase and Sale Agreement Attachment 2 - Loan Agreement Attachment 3 - Promissory Note Attachment 4 - Request for Notice PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT (this "Agreement") is dated as of February 23, 2018, and is entered into by and between Ryan Ruggles and Ashley Ruggles, Husband and Wife as Joint Tenants (`Buyer"), and the CITY OF RANCHO CUCAMONGA, a municipal corporation ("Seller"). RECITALS A. Seller has acquired the Property (as described and defined in Section LL below) using federal funds (the "NSP Funds") distributed as part of the emergency assistance for the redevelopment of abandoned and foreclosed homes under Section 2301 et seq. of Title 3 of Division B of the Housing and Economic Recovery Act of 2008, as amended by the American Recovery and Reinvestment Act of 2009, H.R. 1, as may be further amended and supplemented from time to time (collectively, the "Act") and the Notice of Allocations, Application Procedures, Regulatory Waivers Granted to and Alternative Requirements for Emergency Assistance for Redevelopment of Abandoned and Foreclosed Homes Developers under the Housing and Economic Recovery Act, 2008 issued by the Department of Housing and Urban Development ("HUD") and found at the Federal Register/Vol. 73, No. 194/October 6, 2008/Notices, as the same may be amended, restated or supplemented (the "NSP Regulations"). The Act and the NSF Regulations are hereafter referred to collectively as the "NSP Guidelines". This transaction is intended to comply with the provisions of the NSP Guidelines. B. Seller desires to sell the Property to Buyer, subject to and upon the terms and conditions hereinafter set forth. C. In order to comply with the NSP Guidelines, Buyer and Seller must, among other things, execute, acknowledge and record against the Property, concurrently with the sale of the Property by Seller to Buyer hereunder, written "covenants, conditions and restrictions" in the form attached to the end of this Agreement as Exhibit "C" (the "CC&R's"). 1. PURCHASE AND SALE: PURCHASE PRICE,• SELLER FINANCING; POST - CLOSING IMPROVEMENTS. 1.1 Purchase and Sale. Upon the terms and subject to the conditions in this Agreement, Seller agrees to sell to Buyer and Buyer agrees to purchase from Seller the "real property" located at 6948 Spinel Avenue, Rancho Cucamonga, CA 91701, in the City of Rancho Cucamonga, County of San Bernardino, State of California, more fully described in Exhibit "A" attached hereto, together with Seller's interest in all buildings and other improvements thereon and Seller's interest in all fixtures, furnishings and other tangible personal property situated in or upon or used in connection with the operation or maintenance of the Property (collectively, the "Property"). The Property consists of a single-family residence. 1.2 Purchase Price. The purchase price ("Purchase Price") for the Property shall be Four Hundred Thirty -Four Thousand Five Hundred Twenty -Two Dollars and no/100 ($435,522.00). 11231.0001 \2121487 v4. doc ATTACHMENT - 1 2. TITLE. 2.1 General. Title to the Property shall be conveyed by Grant Deed in the form attached hereto as Exhibit "B" and shall be evidenced by an ALTA Standard Homeowners Policy (the "Title Policy") issued by Ticor Title Insurance Company, 4210 Riverwalk Parkway, Suite 200, Riverside, CA 92505 attention Scott Enda, (951) 509-5259 (teamenda@ticortitle.com) ("Title Company"), with liability in the full amount of the Purchase Price, insuring title to the Property as vested in Buyer, free and clear of all liens and encumbrances and other matters affecting title to the Property, except the following (the "Approved Title Exceptions"): (a) Assessments not yet due and payable; (b) The CC&R's; Section 2.2. (c) Exceptions approved by Buyer or deemed approved by Buyer under 2.2 Title and Survey Review. Within ten (10) days following the date hereof, Buyer shall notify Seller (the "Objection Notice") which of the liens, encumbrances and other matters described in the title report dated January 30, 2018 issued by the Title Company under Order No. 501582-990-SE7 (the "PTR") are unacceptable to Buyer (the "Unpermitted Matters"), and Seller shall then have until the date that is ten (10) days after Seller's receipt of the Objection Notice to inform Buyer in writing that Seller will remove such Unpermitted Matters. If Buyer does not timely object, Buyer will be deemed to have approved all matters described in the PTR. The matters in the PTR that are not Unpermitted Matters shall be deemed approved by Buyer. The Objection Notice shall also specify what reasonable title endorsements Buyer will require (the "Required Endorsements"). If Seller is unable to remove any such Unpermitted Matters or cause them to be "insured over" by the Title Company in a manner reasonably approved by Buyer, or cause the Title Company to issue the Required Endorsements by the scheduled Close of Escrow, then Seller shall so notify Buyer in writing (the "Seller Notice") within ten (10) days after receipt of the Objection Notice and Buyer shall then have the option of (A) proceeding with this Agreement and taking title subject to the "Unpermitted Matters" or (B) terminating this Agreement, in which event the Deposit, and all interest earned thereon, shall be returned to Buyer and neither party shall have any further obligations or liabilities hereunder. Buyer shall exercise one of its options set forth in clause (A) or (B) above by providing unconditional written notice thereof to Seller on or before the date that is five (5) days after Seller gives the Seller Notice, and, if Buyer fails to provide such election notice within such time, then Buyer shall be deemed to have elected to proceed in accordance with clause (A). 3. DUE DILIGENCE; RIGHT OF ENTRY. 3.1 Seller Documents. Seller shall make available to Buyer for copying, at Buyer's expense, all leases and other non -privileged material documents in Seller's possession pertaining to the Property. Buyer shall promptly obtain a title report (and copies of title exception documents) for the Property. 3.2 Lead Paint Disclosure. (Check the provision that applies) 11231-000112121487v4 doc 2 ❑ Seller represents that the dwelling was constructed on the real property in 1978 or later. ® Seller represents that the dwelling was constructed on the real property before 1978. 4. ESCROW. 4.1 Escrow Instructions. This Agreement shall constitute escrow instructions and Buyer and Seller shall deposit a copy of this executed Agreement (or copies of executed counterparts) with the Escrow Holder within three (3) business days after the execution of this Agreement. 4.2 Escrow. Buyer and Seller shall promptly open escrow with Escrow Holder. If Escrow Holder shall require further escrow instructions, Escrow Holder shall promptly prepare such escrow instructions on its usual form for the purchase and sale of the Property provided such further escrow instructions are consistent with this Agreement. The further escrow instructions shall incorporate each and every term of this Agreement and shall provide that in the event of any conflict between the terms and conditions of this Agreement and such further escrow instructions, the terms and conditions of this Agreement shall control. 4.3 Close of Escrow. Provided all of Seller's and Buyer's obligations to be performed on or before close of escrow have been performed and all the conditions to the close of escrow set forth in this Agreement have been satisfied, escrow shall close on or before 35 days from the date of execution (the "Closing Date"). If the closing does not occur by the Closing Date for any reason, then subject to Section 23 hereof, any party not then in default may terminate this Agreement by written notice to the other. All risk of loss or damage with respect to the Property shall pass from Seller to Buyer at the close of escrow. Possession of the Property shall be delivered to Buyer upon the close of escrow. 4.4 Buyer's Deliveries. On or before the close of escrow, Buyer shall deposit into escrow the following (properly executed and acknowledged, if applicable): (a) The Purchase Pricel�us any additional funds necessary to pay costs payable by Buyer; (b) The CC&R's; (c) All other documents contemplated by this Agreement and required by Escrow Holder to be deposited by Buyer to carry out this escrow. 4.5 Seller's Deliveries. Before the close of escrow, Seller shall deposit into escrow the following (properly executed and acknowledged, if applicable) and deliver copies thereof (marked "Copy") to Buyer: (a) The Grant Deed conveying the Property to Buyer; (b) Unless Seller is exempt from withholding, a non -foreign affidavit from Seller certifying that Seller is not a "foreign person," "foreign estate," "foreign corporation" or 11231-M112121487v4.doc 3 "foreign partnership" or any other foreign entity as such terms are defined in Section 1445 of the Internal Revenue Code and the income tax regulations promulgated thereunder; and (c) Any other documents contemplated by this Agreement or reasonably required by Escrow Holder or the Title Company to be deposited by Seller to carry out this escrow. 4.6 Conditions to the Close of Escrow. Buyer's obligation to proceed with the transaction contemplated by this Agreement is subject to the satisfaction of all of the following conditions precedent, which are for Buyer's benefit and may be waived only by Buyer: (i) Title Company shall have issued or shall have committed in writing to issue the Title Policy to Buyer in the amount of the Purchase Price, showing fee title to the Property to be vested in Buyer, subject only to title exceptions approved or deemed approved by Buyer; and (ii) Seller shall not be in default under this Agreement. Seller's obligation to proceed with the transaction contemplated by this Agreement is subject to the satisfaction of all of the following conditions precedent, which are for Seller's benefit and may be waived only by Seller: (A) Seller shall have been provided by Buyer with reasonable evidence (such as certificates of insurance) that Buyer has obtained reasonable insurance; (B) Buyer shall not be in default under this Agreement. Waiver of any condition to close of escrow shall not relieve any party for liability resulting from breach of any representation, warranty, covenant or agreement under this Agreement. In the event that the conditions to close of escrow are not timely satisfied for a reason other than a default of Buyer or Seller under this Agreement: (iii) This Agreement, the escrow and the rights and obligations of Buyer and Sellers hereunder shall terminate, except as otherwise provided herein; and (iv) Escrow Holder, upon such termination, is hereby instructed to promptly return to Buyer funds (and all interest accrued thereon) and documents deposited by Buyer in escrow, and to return to Seller all funds and documents deposited by Seller in escrow and which are held by Escrow Holder on the date of the termination (less, in the case of the party otherwise entitled to such funds, the amount of any cancellation charges required to be paid by such party under Section 4.10 below). 4.7 Recordation of Grant Deed: Delivery of Funds. Upon receipt of the funds and instruments described in this Section 4, Escrow Holder shall cause the Grant Deed and then the CC&Rs to be recorded in the office of the County Recorder of San Bernardino County, California, and Escrow Holder shall deliver the proceeds of this escrow (less any appropriate charges) to Seller by wire transfer to Seller pursuant to written wire transfer instructions to be delivered by Seller to Escrow Holder. 11231-004112121487x4 doc 4 4.8 Prorations. All assessments, if any, levied or assessed on or against the Property shall be prorated as of the Closing Date. The credit for accrued assessments for which bills have not been issued as of the Closing Date shall be based on the then most recent assessments (and any known increases or decreases). Assessments shall be reprorated between Seller and Buyer at the time of issuance of the actual bills therefor and payment of any adjustment based on such reproration shall be paid by the party owing the other based on such adjustment within ninety (90) days after receipt by such party of copies of the applicable bills. This obligation to re - prorate shall survive the Closing. Seller is exempt from property taxes. 4.9 Costs. Buyer shall pay one half (%) of the escrow fees and costs associated with the purchase, the cost the Title Policy and all endorsements to the Title Policy. Seller shall pay recording charges, one-half ('/z) of the escrow fees, and the documentary transfer taxes in connection with the recordation of the Grant Deed. 4.10 Escrow Cancellation Charges. In the event that this escrow shall fail to close by reason of the default of either party hereunder, the defaulting party shall be liable for all escrow and title cancellation charges. In the event that the escrow shall fail to close for any other reason, each party shall pay one-half ('/z) of all escrow and title cancellation charges. 4.11 Broker's Commissions. Buyer and Seller represent to one another that no broker or finder has been engaged in connection with the transaction contemplated by this Agreement, or to its knowledge is in any way connected with such transaction. Each party agrees to indemnify, defend, protect and hold harmless the other and its respective employees, agents, representatives, council members, attorneys, successors and assigns, from and against all claims of any agent, broker, finder or other similar person or entity arising from or in connection with the sale of the Property under this Agreement and based on communications or agreements with the indemnifying party. 5. AS -IS SALE.• REPRESENTATIONS AND WARRANTIES. 5.1 No Side Agreements or Representations. Except for the express representations and warranties herein, no person acting on behalf of Seller is authorized to make, and by execution hereof, Buyer acknowledges that no person has made, any representation, agreement, statement, warranty, guarantee or promise regarding the Property or the transaction contemplated herein or the zoning, construction, physical condition or other status of the Property (including, without limitation, the presence, absence, condition or status of any Hazardous Materials or compliance with any Hazardous Materials Laws, or such capitalized terms are defined in Section 5.3 below). No representation, warranty, agreement, statement, guarantee or promise, if any, made by any person acting or purporting to act on behalf of Seller which is not contained in this Agreement or in any amendment hereto will be valid or binding on Seller. 5.2 "AS IS" CONDITION, RELEASE. BUYER ACKNOWLEDGES AND AGREES THAT, SELLER, EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN, HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR 11231-000112121487vA doc 5 WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO THE PROPERTY OR ANY MATTER RELATED THERETO, INCLUDING, WITHOUT LIMITATION, THE HABITABILITY, MERCHANTABILITY, MARKETABILITY, PROFITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY, AND COMPLIANCE WITH ANY ENVIRONMENTAL LAWS OR THE PRESENCE, ABSENCE, CONDITION OR STATUS OF ANY HAZARDOUS MATERIALS. BUYER ACKNOWLEDGES AND AGREES THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SALE OF THE PROPERTY AS PROVIDED FOR HEREIN IS MADE ON AN "AS IS" CONDITION AND BASIS WITH ALL FAULTS, AND THAT SELLER HAS NO OBLIGATIONS TO MAKE REPAIRS, REPLACEMENTS OR IMPROVEMENTS OR REMEDIATE ANY HAZARDOUS MATERIALS. BY INITIALING BELOW, THE BUYER ACKNOWLEDGES THAT (i) THIS SECTION 5.2 HAS BEEN READ AND FULLY UNDERSTOOD, (ii) THE BUYER HAS HAD THE CHANCE TO ASK QUESTIONS OF ITS COUNSEL ABOUT ITS MEANING AND SIGNIFICANCE, AND (iii) THE BUYER HAS ACCEPTED AND AGREED TO THE TERMS SET FORTH IN THIS SECTION 5.2. X1 - Buyer's Initials Buyer's Initials Buyer waives and releases as of the Close of Escrow any and all claims it may have against Seller relating to the physical condition of the Property (including, without limitation, the presence or release hazardous materials or substances). To the extent of such waiver and release, and excluding fraud, Buyer expressly waives its rights, if any, under California Civil Code Section 1542 which provides: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." Buyer s Initials oe\- Buyer's Initials 5.3 Certain Definitions. The term "Hazardous Materials" shall mean and include the following, including mixtures thereof: any hazardous substance, pollutant, contaminant, waste, by-product or constituent regulated under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601 et seq.; oil and petroleum products and natural gas, natural gas liquids, liquefied natural gas and synthetic gas usable for fuel; pesticides regulated under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Section 136 et seq.; asbestos and asbestos -containing materials, PCBs and other substances regulated under the 1123I-MB2121487A.doc 6 Toxic Substances Control Act, 15 U.S.C. Section 2601 et seq.; source material, special nuclear material, by-product material and any other radioactive materials or radioactive wastes, however produced, regulated under the Atomic Energy Act or the Nuclear Waste Policy Act of 1982; chemicals subject to the OSHA Hazard Communication Standard, 29 C.F.R. Section 1910.1200 et seq.; industrial process and pollution control wastes, whether or not hazardous within the meaning of the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; any substance defined as a "hazardous substance" in California Civil Code Section 2929.5(e)(2) or California Code of Civil Procedure Section 736(f)(3); and any other substance or material regulated by any Environmental Laws. The term "Environmental Laws" shall mean and include all federal, state and local statutes, ordinances, regulations and rules in effect on or prior to the date hereof relating to environmental quality, health, safety, contamination and clean-up, including, without limitation, the Clean Air Act, 42 U.S.C. Section 7401 et seq.; the Clean Water Act, 33 U.S.C. Section 1251 et seq; and the Water Quality Act of 1987; the Federal Insecticide, Fungicide, and Rodenticide Act 7 U.S.C. Section 136 et seq.; the Marine Protection, Research, and Sanctuaries Act, 33 U.S.C. Section 1401 et seq.; the National Environmental Policy Act, 42 U.S.C. Section 4321 et seq.; the Noise Control Act, 42 U.S.C. Section 4901 et seq.; the Occupational Safety and Health Act, 29 U.S.C. Section 651 et seq.; the Resource Conservation and Recovery Act 42 U.S.C. Section 6901 et seq.; as amended by the Hazardous and Solid Waste Amendments of 1984; the Safe Drinking Water Act, 42 U.S.C. Section 300f et seq.; the Comprehensive Environmental Response, Compensation and Liability Act 42 U.S.C. Section 9601 et seq.; as amended by the Superfund Amendments and Reauthorization Act, the Emergency PIanning and Community Right -to -Know Act and the Radon Gas and Indoor Air Quality Research Act; the Toxic Substances Control Act 15 U.S.C. Section 2601 et seq.; the Atomic Energy Act, 42 U.S.C. Section 2011 et seq.; and the Nuclear Waste Policy Act of 1982, 42 U.S.C. Section 10101 et seq.; and state and local environmental statutes and ordinances, with implementing regulations and rules in effect on or prior to the date hereof. 6. EMINENT DOMAIN OR TAKING,• PHYSICAL DAMAGE OR DESTRUCTION. 6.1 If, prior to the close of escrow, any material portion of the Property is taken or if the access thereto is materially reduced or restricted by eminent domain or otherwise (or becomes the subject of a pending, threatened or contemplated taking which has not been consummated, other than any such taking prosecuted by or on behalf of the Buyer), Seller shall immediately notify Buyer of such fact. In such event, Buyer shall have the option, in its sole and absolute discretion, to terminate this Agreement upon written notice to Seller given not later than three (3) business days after receipt of Seller's notice. If Buyer does not exercise this option to terminate this Agreement, neither party shall have the right to terminate this Agreement, but the Seller shall assign and turn over to Buyer, and the Buyer shall be entitled to receive and keep, all awards for the taking by eminent domain which accrue to Seller, and the parties shall proceed to the close of escrow pursuant to the terms hereof, without modification of the terms of this Agreement and without any reduction in the Purchase Price. Unless and until this Agreement is terminated, Seller shall take no action with respect to any eminent domain proceeding without the prior written consent of Buyer, which consent shall not be unreasonably withheld or delayed. I 1231-4M11212I487v4.doc 7 6.2 If, after the Due Diligence Period and prior to the Close of Escrow, any material portion of the Property is materially damaged or destroyed due to any cause, natural or otherwise, including, without Iimitation: (i) any destructive seismic or geological conditions such as any earthquake or tremor, subsidence, or unstable subsurface conditions; or (ii) a material violation of any Environmental Laws known to Seller, Seller shall immediately notify Buyer of such fact (the "Seller Damage Notice"). In such event, Buyer or Seller may terminate this Agreement upon written notice to the other given within three (3) days after Seller gives the Seller Damage Notice. If neither party terminates this Agreement, then Seller shall assign and turn over, and the Buyer shall be entitled to receive and keep, any insurance proceeds paid to Seller in connection with such damage or destruction, and the parties shall proceed to the close of escrow pursuant to the terms hereof, without modification of the terns of this Agreement, and Buyer shall use any such payments and proceeds to promptly and diligently repair the damage and shall provide Seller with evidence thereof promptly after written request from Seller from time to time (and the foregoing obligations shall survive the close of escrow). 7. INCORPORATION OF EXHIBITS. All exhibits attached hereto and referred to herein are incorporated in this Agreement as though fully set forth herein. 8. ATTORNEYS' FEES. In the event of a dispute between Buyer and Seller regarding any of the terms and provisions of this Agreement, or the transaction described herein, or any action to enforce the terms of this Agreement, the prevailing party in such action shall be awarded, in addition to damages, injunctive or other relief, its reasonable costs and expenses, not limited to taxable costs, reasonable attorneys' fees and reasonable fees of expert witnesses. 9. NOTICES. All notices, requests, demands and other communication given or required to be given hereunder shall be in writing and personally delivered, sent by first class certified mail, postage prepaid, return receipt requested, or sent by a nationally recognized courier service such as FedEx, addressed to the parties as follows: To Seller: City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, California 91729-0807 Attention: City Manager Phone: (909) 477-2750 With a copy to: Richards, Watson & Gershon 355 S. Grand Ave., 4001 Floor Los Angeles, California 90071 Attn: Jim G. Grayson, Esq. Phone: (213) 626-8484 Email: jgrayson@rwglaw.com 112.31-0001\2121487Y4 doc To Buyer: Ryan Ruggles and Ashley Ruggles 1840 Pinnacle Way Upland, CA 91784 Phone: (909) 744-4187 Email: aruggles@live.com To Escrow Holder Stone Creek Escrow 876 N. Mountain Ave., Suite 110 Upland, CA 91786 Attn: Jennifer Caballero, Escrow Officer Phone: (909) 985-9950 Email: jennifer@stonecreekescrow.com To Title Company: Ticor Title Insurance Company 4210 Riverwalk Parkway, Suite 200 Riverside, California 92505 Attn: Scott Enda, Title Officer Title Order No. 00501582-990-SE7 Delivery of any notice or other communication hereunder shall be deemed made on the date of actual delivery thereof to the address of the addressee, if personally delivered, and on the date indicated in the return receipt or courier's records as the date of delivery or as the date of first attempted delivery, if sent by certified mail or courier service. Any party may change its address for purposes of this Section by giving notice to the other party as herein provided. 10. ASSIGNMENT. Buyer shall not assign this Agreement or any rights hereunder without the prior, written consent of the City Manager. 11. BINDING EFFECT. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their successors and assigns. 12. ENTIRE AGREEMENT. This Agreement contains all of the agreements of the parties hereto with respect to the matters contained herein, and all prior or contemporaneous agreements or understandings, oral or written, pertaining to any such matters are merged herein and shall not be effective for any purpose. No provision of this Agreement may be amended, supplemented or in any way modified except by an agreement in writing signed by the parties hereto or their respective successors in interest and expressly stating that it is an amendment of this Agreement. 13. HEADINGS. The headings of this Agreement are for purposes of reference only and shall not limit or define the meaning of the provisions of this Agreement. 14. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. Furthermore, executed counterparts of this Agreement may be delivered by facsimile or other reliable electronic means (including emails of pdf documents), and such facsimile or other electronic transmission shall be valid and binding for all purposes when transmitted to and 11231-000112I21487v4 doc 9 actually received by the other party. Notwithstanding the foregoing, each party delivering executed documents by facsimile or other electronic means agrees to provide the other party with an original, hard copy of the relevant signed documents promptly after the request of the other party. 15. SURVIVAL. Any provision hereof which is executory as of the Closing Date and all representations and warranties shall survive such close of escrow and delivery of the Grant Deed and shall continue to be a binding provision on the parties hereto according to its terms. 16. TIME OF THE ESSENCE. Time is of the essence of each and every provision of this Agreement in which time is a factor (including, without limitation, Section 1.5). 17. THIRD PARTIES. Nothing contained in this Agreement, express or implied, is intended to confer upon any person, other than the parties hereto and their successors and assigns, any rights or remedies under or by reason of this Agreement. 18. SEVERABILITY. If any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein, unless such invalidity, illegality or unenforceability materially affects the economic terms of the transactions contemplated by this Agreement or the ability of either party to perform its obligations under this Agreement. In such case, either party may terminate this Agreement and the escrow upon written notice to the other party given no later than three (3) business days after the party giving such notice becomes aware of such invalidity, illegality or unenforceability. In the event of such termination, all funds deposited with Escrow Holder by Buyer and any interest accrued thereon shall be returned to Buyer. 19. ADDITIONAL DOCUMENTS; FURTHER ASSURANCES. Each party hereto agrees to perform any further acts and to execute, acknowledge and deliver any further documents that may be reasonably necessary to carry out the provisions of this Agreement. 20. CITY AS SELLER. Buyer acknowledges that Seller is entering into this Agreement in its proprietary capacity such that neither the provisions of this Agreement nor any consent or approval given by Seller under this Agreement, shall waive or modify any of Seller's rights in its governmental capacity. 21. AMENDMENTS. The City Manager of Seller shall have the right to enter into amendments of this Agreement on behalf of Seller without the approval of the City Council provided that such amendments do not decrease the amount of the Note, or otherwise materially affect any of the economic terms of this Agreement (provided that the City Manager shall have the right to reasonably extend the deadline for the Close of Escrow or the Due Diligence Period). 22. INDEMNIFICATION. Buyer shall indemnify, defend (with legal counsel selected by Seller) and hold Seller and its appointed officials, officers, employees, agents and consultants harmless from and against any and all claims, losses, liabilities, actions, judgments, costs and expenses relating directly or indirectly to the Property or Buyer's acts or omissions with respect 1123I -000112121487v4. doc I0 thereto and which arise after the Close of Escrow. This Section shall survive the Close of Escrow. 23. SELLER DEFAULT, NO DAMAGES. In the event Seller defaults under this Agreement, Buyer shall not be entitled to damages but, at its option and as its sole remedies, may either: (a) terminate this Agreement, in which event Seller shall reimburse Buyer for all costs and expenses incurred by Buyer in negotiating and undertaking the transactions contemplated hereby and investigating the Property, including, without limitation, all costs associated with the investigations and other activities described or contemplated under Section 3.3 above; or (b) specifically enforce this Agreement. In the event of a default by Seller of which Buyer is not aware prior to Closing, including, without limitation, a breach of any representation or warranty not discovered until after Closing, Buyer shall be entitled to exercise any and all rights and remedies at law or in equity. 24. GOVERNING LAW, VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of laws principles or rules). All legal actions under, or in connection with this Agreement shall be filed and maintained by Buyer and Seller in courts located in San Bernardino County. 25. BUSINESS DAY. If the final day of any period or any date of performance (including the Due Diligence Period) under this Agreement falls on a Saturday, Sunday or Iegal holiday, then the final day of the period or the date of such performance shall be extended to the next business day. [Remainder of this page intentionally left blank] 11231-000112121487x4 doc I 1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. BUYER: Si ature Printed Name: Ryan Ruggles )ViA *PrnintedNa ure e: UleyRuggies APPROVED AS TO FORM: Richards, Watson & Gershon, A Professional Corporation 1123 1-000112121487v4.doc 12 SELLER: City of Rancho Cucamonga, a municipal c rporation By: Name: . T::) 1,1 ae Title: o e' Attest: eynolds, City Clerk ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ►�Z'I c On Q 'k l 2 of before me �Dl- � JIG-Uo-kd e -z- �a( NO,r, (insert name and title of the officer) personally appeared U OYA bl/'k6\N l\ who proved to me on the basig of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature PATRICIA BFIAVO-VALDE2 ConmUsIon 12139102 NGUQ PU NC - CslNornis Los Anpsim County M11 ga&.bas Jan 30 2020 (Seal) EXHIBIT "A" Legal Description Lot 8 of Tract No. 8583 as per map recorded in Book 116 Pages 57-58 Inclusive, of Maps in the Office of the County Recorder of said County. APN: 0202-391-05 Property Address: 6948 Spinel Avenue Rancho Cucamonga, CA 91701 11231-000112121487v4.doc -1 EXHIBIT "B" Form of Grant Deed RECORDING REQUESTED BY: AND WHEN RECORDED RETURN TO: Ryan and Ashley Ruggles 6948 Spinel Avenue Rancho Cucamonga, CA 91730 With a copy to: Richards, Watson & Gershon, A Professional Corporation 355 South Grand Ave., 40'' Floor Los Angeles, CA 90071 Attention: Jim G. Grayson, Esq. APN: 0202-391-05 Space Above This Line For Recorder's Use This Grant Deed is exempt from Recording Fees pursuant to California Government Code Sections 6103 and 27383 GRANT DEED Documentary Transfer Tax: $ THE UNDERSIGNED GRANTOR DECLARES: FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, the CITY OF RANCHO CUCAMONGA, a municipal corporation, (the "Grantor"), hereby grants to Ryan Ruggles and Ashley Ruggles, Husband and Wife as Joint Tenants (the "Grantee"), that certain real property described in Exhibit A attached hereto (the "Site") and incorporated herein by this reference, together with all improvements located thereon and all of Grantor's right title and interest in and to all easements, privileges and rights appurtenant to the Site. This Grant Deed of the Site is subject to the provisions of a Purchase and Sale Agreement (the "Agreement") entered into by and between the Grantor and Grantee dated as of , 2018, the terns of which are incorporated herein by reference. Capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Agreement. A copy of the Agreement is available for public inspection at the offices of the Grantor located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730. The Site is conveyed further 11231-000112121487v4.doc B-1 subject to all easements, rights of way, covenants, conditions, restrictions, reservations and all other matters of record, and the following conditions, covenants and agreements. 1. The Grantee covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the California Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the California Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the premises herein conveyed, nor shall the Grantee himself or herself, or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the premises herein conveyed. Notwithstanding the immediately preceding paragraph, with respect to familial status, said paragraph shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the California Government Code. With respect to familial status, nothing in said paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the California Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the California Civil Code and subdivisions (n), (o) and (p) of Section 12955 of the California Government Code shall apply to said paragraph. 2. All deeds, leases or contracts entered into with respect to the Property shall contain or be subject to substantially the following non-discrimination/non-segregation clauses: (a) In deeds: "The Grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the California Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (I) of subdivision (p) of Section 12955, and Section 12955.2 of the California Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the premises herein conveyed, nor shall the Grantee himself or herself, or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the premises herein conveyed. The foregoing covenants shall run with the land. Notwithstanding the immediately preceding paragraph, with respect to familial status, said paragraph shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the California Government Code. With respect to familial status, nothing in said paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the California Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the California Civil Code and subdivisions (n), (o) and (p) of Section 12955 of the California Government Code shall apply to said paragraph." 11231-000112121487v4.doc B-2 (b) In leases: "The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the California Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the California Government Code, in the leasing, subleasing, transferring, use or occupancy, tenure or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the premises herein leased. Notwithstanding the immediately preceding paragraph, with respect to familial status, said paragraph shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the California Government Code. With respect to familial status, nothing in said paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the California Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the California Civil Code and subdivisions (n), (o) and (p) of Section 12955 of the California Government Code shall apply to said paragraph." (c) In contracts: "The contracting party or parties hereby covenant by and For himself or herself and their respective successors and assigns, that there shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the California Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the California Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the premises, nor shall the contracting party or parties, any subcontracting party or parties, or their respective assigns or transferees, establish or permit any such practice or practices of discrimination or segregation. Notwithstanding the immediately preceding paragraph, with respect to familial status, said paragraph shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the California Government Code. With respect to familial status, nothing in said paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the California Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the California Civil Code and subdivisions (n), (o) and (p) of Section 12955 of the California Government Code shall apply to said paragraph." 3. All covenants and agreements contained in this Grant Deed shall run with the land and shall be binding for the benefit of Grantor and its successors and assigns and such covenants shall run in favor of the Grantor and for the entire period during which the covenants shall be in force and effect as provided in the Agreement, without regard to whether the Grantor is or remains an owner of any land or interest therein to which such covenants relate. The Grantor, in the event of any breach of any such covenants, shall have the right to exercise all of the rights and remedies provided herein or otherwise available, and to maintain any actions at law or suits in equity or other property proceedings to enforce the curing of such breach. The covenants 11231-000112121487v4.doc B_3 contained in this Grant Deed shall be for the benefit of and shall be enforceable only by the Grantor and its successors and assigns. 4. The covenants contained in Paragraphs 1 and 2 of this Grant Deed shall remain in effect in perpetuity except as otherwise expressly set forth therein. 5. This Grant Deed may be executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, Grantor and Grantee have caused this Grant Deed to be executed and notarized as of this day of 12018. GRANTOR: CITY OF RANCHO CUCAMONGA, a municipal corporation ATTEST: Secretary GRANTEE: By: Name: Title: Ryan Ruggles --... _ ................. -- — Ashley Ruggles 11231-000112121487v4 doc B_4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On before me, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity(ies) upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public 11231-4001121214$7v4.doc B-5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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. a 1A I h Ur C:ALIFURNIA COUNTY OF SAN BERNARDINO On _ before me, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity(ies) upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public 11231-000112121487v4 doc B_6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On _. before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity(ies) upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public 11231-000112121487A.doc 7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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. i n i i✓ Ur t_ALlr UKN lA COUNTY OF SAN BERNARDINO On— before me, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity(ies) upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal Place Notary Seal Above Signature of Notary Public 1123 1-0001\2121487v4 doc B - S RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF RANCHO CUCAMONGA 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA 91729-0807 Attn: City Clerk APN: 0202-391-05 EXHIBIT `10" Form of CC&R'S (Space Above This Line Reserved for Recorder's Use) These Covenants, Conditions and Restrictions are exempt front Recording Fees pursuant to California Government Code Sections 6103 and 27383, and exempt front Documentary Transfer Tax pursuant to California Revenue and Taxation Code Section 11922. COVENANTS, CONDITIONS AND RESTRICTIONS AFFECTING REAL PROPERTY (INCLUDING RESALE RESTRICTION, AFFORDABILITY EXIT FEE AND RIGHT OF FIRST REFUSAL) THESE COVENANTS, CONDITIONS AND RESTRICTIONS AFFECTING REAL PROPERTY (INCLUDING RESALE RESTRICTION, AFFORDABILITY EXIT FEE AND RIGHT OF FIRST REFUSAL) ("CC&R°s") are entered into this_ day of 2018 (the "Effective Date"), by and between the CITY OF RANCHO CUCAMONGA, a California municipal corporation (the "City") and Ryan Ruggles and Ashley Ruggles, Husband and Wife as Joint Tenants (the "Owner"). RECITALS WHEREAS, the City is a California municipal corporation which has received funds (the "NSP Funds") from the United States Department of Housing and Urban Development pursuant to the federal Housing and Economic Recovery Act of 2008 and the Neighborhood Stabilization Program for the purpose of acquisition and redevelopment of abandoned and foreclosed homes and residential properties to provide decent, safe, sanitary and affordable housing for low and moderate -income households in the City; and WHEREAS, the City desires to increase, improve and preserve affordable homeownership opportunities available to Iow- and moderate -income households within the City; and 11231-000112121487v4 doc C-1 WHEREAS, to promote this goal, the City has established the NSP Acquisition/Rehabilitation and Resale Program (the "City NSP Program") pursuant to which the City will acquire and rehabilitate and then sell single-family homes for the purpose of occupancy by qualified low, moderate and middle income households, as described herein; and WHEREAS, the City acquired the land, improvements and fixtures commonly known as 6948 Spinel Avenue, Rancho Cucamonga, California (collectively, the "Property"). The land included in the Property is described on Exhibit "A" attached hereto; and WHEREAS, substantially concurrently herewith, the City is selling the Property to Owner pursuant to a Purchase and Sale Agreement dated 2028 (the "Purchase Agreement") subject to the condition that the Owner execute, deliver and record these CC&R's which, among other things, impose certain continuing restrictions and obligations related to and on the Property; and WHEREAS, the Owner agrees for themselves, their successors and assigns and all successors -in -interest to all or any portion of the Property that the Property is to be an owner - occupied residence and if sold, will be sold only to Low, Moderate, or Low Moderate Middle Income families at an affordable housing cost, as more particularly defined and described below; and WHEREAS, the City also has an interest in insuring that the Property funded by the Program is properly maintained and remains attractive. NOW, THEREFORE, in consideration of the promises contained below and other good and sufficient consideration, the receipt of which is hereby acknowledged, the City and the Owner hereby agree as follows: 1. The Citv of Rancho Cucamonga Supports Affordable Housing. The City supports affordable housing for Low, Moderate, and Low Moderate Middle Income residents within the City of Rancho Cucamonga as set forth in regulations published in 24 Code of Federal Regulations Part 92. In administering the City NSP Program, the City is implementing the objective of increasing the ratio of decent, safe and sanitary owner -occupied single-family residences to rental property throughout the City. 2. Definitions. For purposes of this Agreement, the following definitions shall apply: (a) Low Income. A family whose income does not exceed fifty percent (50%) of the area median family income, as determined by HUD with adjustments for smaller and larger families, except that HUD may establish income ceilings higher or lower than fifty percent (50%) of the median income for the area on the basis of HUD findings that such variations are necessary because of prevailing levels of construction costs or fair market rents, or unusually high or low family incomes. (b) Moderate Income. A family whose income does not exceed eighty percent (80%) of the area median family income, as determined by HUD with adjustments for smaller 1123 1 -000112121487v4. dog C-2 and larger families, except that HUD may establish income ceilings higher or lower than eighty percent (80%) of the median income for the area on the basis of HUD findings that such variations are necessary because of prevailing levels of construction costs or fair market rents, or unusually high or low family incomes. (c) Low Moderate Middle Income. A family whose income does not exceed one hundred twenty percent (120%) of the area median family income, as determined by HUD with adjustments for smaller and larger families, except that HUD may establish income ceilings higher or lower than one hundred twenty percent (120%) of the median income for the area on the basis of HUD findings that such variations are necessary because of prevailing levels of construction costs or fair market rents, or unusually high or low family incomes. (d) Eligible Household. A household whose annual income does not exceed one hundred twenty percent (120%) of area median income for San Bernardino County, adjusted for family size, and who is otherwise a household of Low Income, Moderate Income, or Low Moderate Middle Income, as defined above. (e) Affordable Housing Cost. No more than thirty-five percent (35%) of Annual Income (as defined at 24 CFR 5.609 as amended from time to time). For purposes of determining Affordable Housing Cost, an estimate of the following housing costs for the upcoming twelve (12) months shall be included: (i) principal and interest payments on any mortgage loan; (ii) mortgage loan insurance fees; (iii) property taxes and assessments; (iv) fire and casualty insurance; and any (v) homeowner association fees. (f) Owners. Means the current owners of the Property who have acquired the same from the City and any subsequent purchaser, successor, assignee, or successor -in -interest. 3. Term,• Affordability Period. The term and continued affordability period for these covenants, conditions and restrictions shall remain in effect for fifteen (15) years, and shall terminate on 20_ 4. Disclosure Requirements. Prior to the execution of a purchase and sale agreement between the current Owner or any future Owner and any subsequent purchaser of the Property, and in such Purchase and Sale Agreement, the Owner(s) shall disclose, in writing, to the purchaser the fact that the Property is burdened by these certain "Covenants, Conditions and Restrictions Affecting Real Property Including Resale Restriction and Affordability Exit Fee" and that the requirements stated in these CC&R's will remain in effect until , 20 5. Resale Restriction. The Property may be sold by Owners during the Affordability Period only to an Eligible Household at an Affordable Housing Cost and in compliance with 24 CFR 92.254, and any sale shall be subject to the City's right of first refusal in Section S below. 6. Owner -Occupancy. Owner will occupy the Property as Owner's primary residence. Owner's attempt to rent or actual rental of the Property for any purpose shall be a material breach of these CC&R's and shall entitle City to exercise all available legal and equitable remedies. 112.31-000112121487v4.doc C-3 7. Affordability Exit Fee. If Owner elects to sell the Property to a subsequent purchaser that does not qualify as an Eligible Household and/or at a Sales Price that exceeds an Affordable Housing Cost (an "Ineligible Sale"), the Owner shall repay the purchase money loan to the City (including accrued interest). 8. City Right of First Refusal. City shall have the right of first refusal if Owner, its successors, or its assigns, elect to sell the Property regardless of whether the sale is to an Eligible Household (i.e., the City shall have the right to purchase the Property on the terms offered by the buyer). The City may offset the outstanding principal and accrued interest under the purchase money loan against the purchase price. Owner shall provide written notice to City forty-five (45) days prior to executing any binding agreement pertaining to the sale of the Property. Within such forty-five (45) day period, the City shall give written notice to Owner as to whether City will exercise its right of first refusal on the terms offered by a potential purchaser of the Property. If the City elects to exercise its right of first refusal within such forty-five (45) day period, the City and Owner shall enter into a mutually acceptable purchase and sale agreement and the closing of such sale shall occur within fifteen (15) days of the execution of such purchase and sale agreement, subject to extension by mutual agreement by City and Owner. 9. Monitoring by the City. On or about July 1st, of each calendar year, the City will mail a form to the record owner of the Property to confirm that the Property is owner occupied. The Owner of the Property shall complete the form and return it to the City within thirty (30) calendar days after receipt of the request from the City. City may also at any time contact the occupants of the Property in order to verify compliance with these CC&R's. 10. Binding on Successors in Interest. Owner hereby covenants and agrees that their heirs, successors and assigns, and every successor in interest to the Property, or any part thereof shall comply with each and every term, covenant, condition and restriction contained herein. These CC&R's shall run with the land, and shall be enforceable by the City in an action for specific performance against the Owners and/or their successors and assigns. 11. Maintenance of Property. (a) Owner agrees, for itself, its successors and assigns, that Owner shall maintain the Property, dwelling unit, improvements, landscaping and fixtures in good repair and shall keep the Property free from any accumulation of debris or waste materials, consistent with the customary practice and so as not to create a nuisance, or violate any provision of the City of Rancho Cucamonga Municipal Code (the "Municipal Code"). (b) All exterior painted surfaces shall be maintained at all times in a clean and presentable manner, free from chipping, cracking and defacing marks. Any such defacing marks shall be cleaned or removed within the time as set forth in subparagraph (d) below. (c) Owner shall at all times maintain the front exterior, visible side exteriors and yard in a clean, safe and presentable manner, free from defacing marks or any disrepair. Owner shall maintain and/or repair the front exterior or rear or visible side yard and exterior of the dwelling unit. 11231-000112121487v4. doc -4 (d) All graffiti and defacement of any type, including marks, words and pictures, must be removed and any necessary painting or repair completed within one (1) week of their creation or within one (1) week after notice to the Owner. (e) All driveways must be paved and maintained with impervious material in accordance with the Municipal Code. 12. Remedies for Breach. Upon breach of any of these CC&R's, the City may exercise any and all remedies available to it at law or equity. These remedies include, without limitation, an action for injunctive relief or specific performance, and/or performing the obligation (as described below) in which case Owner shall reimburse City for the costs thereof within five (5) business days after written demand. If the City Manager or his or her designee finds that the conditions of the dwelling unit or the Property constitute a breach of Section II of this Agreement, then the City shall so notify the Owners in writing and the Owners shall have ten (10) days following this written notice to correct or abate such breach. If the conditions are not corrected to the reasonable satisfaction of the City Manager, then the City, its employees or its agents may enter upon the Property to remedy and abate the conditions creating the breach. Owner shall reimburse city within five (5) business days after written demand for City's costs of remedying the conditions creating the breach, including, without limitation, administrative, overhead, and engineering costs. The provisions of this Section are supplemental to all other rights and remedies available to the City. I3. Ci1y as Beneficiary. The City is the beneficiary of the terms and provisions of these CC&R's running with the land, both for and in its own right, and for the purposes of protecting the interests of the community and other parties, public or private, for whose benefit these CC&R's running with the land have been provided. These CC&R's shall run in favor of the City without regard to whether the City has been, remains, or is an owner or has any interest in the Property or in any other parcel in the City. The City shall have the right, but not the obligation, to exercise all rights and remedies and to maintain any actions at law or in equity or any other proceedings to enforce these CC&R's. 14. Nonwaiver. The failure of City to enforce any one or more of the covenants, conditions or restrictions contained herein on any one or more occasions shall not constitute a waiver of the City's right to enforce the covenants, conditions and restrictions in the future. 15. Attorneys' Fees. Should the City bring an action to enforce the terms of these CC&R's, the prevailing party shall be entitled to costs of suit, including reasonable attorneys' fees. 11231-04D 1U I21487A.doc C-5 [Remainder of this page intentionally left blank] 11231-000112121487v4.doc C-6 16. Joint and Several Liability. If the Owner consists of more than one person, each hereunder shall be joint and severally liability under the CC&R's. CITY: CITY OF RANCHO CUCAMONGA, a California municipal corporation By: Name: Title: APPROVED AS TO FORM: James Markman, City Attorney 11231-000112121487v4 doc C-7 OWNERS: Printed Name: Ryan Ruggles Printed Name: Ashley Ruggles Attest: Janice C. Reynolds, City Clerk EXHIBIT "A" Legal Description Lot 8 of Tract No. 8583 as per map recorded in Book 116 Pages 57-58 Inclusive, of Maps in the Office of the County Recorder of said County. APN: 0202-391-05 Property Address: 6948 Spinel Avenue Rancho Cucamonga, CA 91701 11231-000112121487v4. doe C-8 SOE-64 (FRONT) REV. 4 (e42) CLAIM FOR SEISMIC SAFETY CONSTRUCTION EXCLUSION FROM ASSESSMENT (Section 74.5 of the Revenue and Taxation Code) This lam must be !fled with the Assessor prior to, or within 30 days of, completion of construction. r V 6W F�c a Cola!- ml Sa11�a C`�1 L STATEMENTS FOR ASSESSOR'S USE ONLY D Received D Approved ❑ Denied Reason for denial PROPERLY DESCRIPTION Parcel No.(s) _J Address 1. As the owner of the property described above, I completed, or will complete, construction on this property on and therefore claim the construction exclusion from assessment provided by section 74.5 of the California Revenue and Taxation Code. 2. 1 understand this exclusion from assessment Is applicable only to seismic retrofitting Improvements and improvements utilizing earthquake hazard mitigation technologies, to an existing building or structure and is not applicable to alterations, such as new plumbing, electrical, or other added finishing materials, made In addition to seismic -related work performed on an existing structure. 3. 1 further understand this exclusion from assessment does not encompass the exclusion provided by Revenue and Taxation Code section 70(d) pertaining to the poilfon of reconstruction or improvement to a structure, constructed of unreinforced masonry bearing wall construction, necessary to compiy with any local ordinance relating to seismic safety during the first 15 years following that reconstruction or improvement. 4. The property owner, primary contractor, civil engineer, or architect D has D has not oerfffied to the building department those portions of the project that are seismic retrofitting improvements or Improvements utilizing earthquake hazard mitigation technologies. THIS EXCLUSION EXPIRES UPON CHANGE IN OWNERSHIP OF THE PROPERTY CERTIFICATION I certify (or declare) under penalty of pedury under the taws of the State of California that the foregoing and all Information hereon, including any accompanying statements or documents, is true, commcf, and complete to the best of Only the owner or a co-owner of the above-described property (Including a purchaser under contract of safe) or his or her legal representative may sign. If you are buying this property under an unrecorded contract of sale and the Assessor does not have a copy of the contract, you must attach a copy to the claim. SUPPORTING DOCUMENTS MUST BE FILED WITHIN SIX MONTHS OF COMPLETION OFTHE PROJECT. The Homeowner's Guide to Earthquake Safety 49 BOE44 (FRONT) REV 4 (0421 CLAIM FOR SEISMIC SAFETY CONSTRUCTION EXCLUSION FROM ASSESSMENT (Section 74.5 of the Revenue and Taxation Code) This loan must be tiled with the Assessor prior $4 or within 3a days of, completion of construction. r SVL Clil1 L STATEMENTS FOR ASSESSOR'S USE ONLY ❑ Received ❑ Approved ❑ Denied Reason for den al PROPERTY DESCRIPTION Parcel No.(s) J Address 1. As the owner of the property described above. r completed, or will complete, construction on this property on , and therefore claim the construction exclusion from assessment provided by section 74.5 of the California Revenue and Taxation Code. 2. 1 understand this exclus,on from assessment is applicable only to seismic retrofitting improvements and Improvements utilizing earthquake hazard mitigation technologles. to an existing building or structure and is not applicable to alterations, such as new plumbing, electrical, or other added finishing materials, made in addition to seismic -related work performed on an existing structure. 3. 1 further understand this exclusion from assessment does not encompass the exclusion provided by Revenue and Taxation Code section 70(d) pertaining to the portion of reconstruction or improvement to a structure, constructed of unreinforced masonry bearing wall construction, necessary to comply with any local ordinance relating to seismic safety during the first 15 years following that reconstruction or Improvement. 4. The property owner, primary contractor, civil engineer, or architect ❑ has ❑ has not certified to the building department those portions of the project that are seismic retrofitting Improvements or improvements utilizing earthquake hazard mitigation technologies. THIS EXCLUSION EXPIRES UPON CHANGE IN OWNERSHIP OF THE PROPERTY CERTIFICATION I certify (or declare) under penalty of pedury under the laws of the State of Calltamis that the foregoing and all Information harem. induding any accompanyi statements or documents, is fare, con*X and complete to the best of my knowrr� s and be1W I O Only the owner or a co-owner of the above-described property (including a purchaser under contract of sale) or his or her legal representative may sign. If you are buying this property under an unrecorded contract of sale and the Assessor does not have a copy of the contract, you must attach a copy to the claim. SUPPORTING DOCUMENTS MUST BE FILED WITHIN SIX MONTHS OF COMPLETION OF THE PROJECT. The Homeowner's Guide to Earthquake Safety 49 Residential Earthquake Hazards Report (2oos Edition) CIIY W Fanehe Cvomonp� 691:5*0 A"me WYANB COUNTY Rancho Cucamonga, San Bernardino County A89EBSOta•B PARCEL No. OM -39145 YEAR BUILT 1977 ZP COOS 91701 Answer these questions to the best of your knowledge. If you do not have actual knowledge as to whether the weakness exists, answer "Don't Know' If your house does not have the feature, answer "Doesn't Apply." The page numbers in the right-hand column indicate where in this guide you can find Information on each of these features. Doesn't Don't See yes No Apply Know Page 1. Is the water heater braced, strapped, or anchored to resist falling during an earthquake? 2. Is the house anchored or boiled to the foundation? 3. If the house has cripple walls: • Are the exterior cripple walls braced? • If the exterior foundation consists of unconnected concrete piers and posts, have they been strengthened? 4. If the exterior foundation, or part of it, Is made of unreinforced masonry, has it been strengthened? 5. If the house Is built on a hillside: • Are the exterior tall foundation walls braced? • Were the tail posts or columns either built to resist earthquakes or have they been strengthened? 6. If the exterior walls of the house, or part of them, are made of unreinforced masonry, have they been strengthened? 7. If the house has a living area over the garage, was the wall around the garage door opening either built to resist earthquakes or has It been strengthened? 8. Is the house outside an Aiquist-PrIolo Earthquake Fault Zone (zones immediately surrounding known earthquake faults)? 9. Is the house outside a Seismic Hazard Zone (zone Identified as susceptible to liquefaction or landsllding)? X❑ ❑ ❑ ❑ 12 ❑X ❑ ❑ ❑ 14 d ❑ ❑ ❑X ❑ 16 ❑ ❑ ® ❑ 16 ❑ ❑ 0 ❑ 20 410. E ❑ ❑ 7C❑ ❑ 22 %'0- O.H 42 ❑ ❑ ❑X ❑ 22 O ❑ ❑ ❑ ❑ 24 C v ❑ ❑ © ❑ 26 C To be reported on the 36 Q Natural Hazards Disclosure dy Report 36 aC If any of the questions are answered "No," the house Is likely to have an earthquake weakness. Questions answered "Don't KnoW may Indicate a need for further evaluation. If you corrected one or more of these weaknesses, describe the work on a separate page. As sailer of the property described herein, I have answered the questions above to the best of my knowledge in an effort to disclose fully arty potential earthquake weaknesses it may have. '3111 1E (sellery Date I acknowledge receipt of this fort . compnd signed by the seller. I understand that if the seller has answered "No" to one or more questions, or if seller has indicated a lack owledge, there may be one or more earthquake weaknesses In this house. �,� 1 K y� 11®r) (Buyer) I , � Date This earthquake disclosure is made In addition to the standard real le transfer disclosure statement also required by law. The Homeowner's Guide to Earthquake Safety 47 I �I �I bl m I I I I I r r I I r I I I I I I r r I I I I I I I I I 1 I r I I I I I I r I I I I I I I r r I I I 1 I I I r I I I I I I I I I I I I I I Property Address: meCalifornia 6948 Spinel Ave. ENERGY(OMMISSION Rancho Cucamonga, CA 91701 I have received a copy of the WHAT IS YOUR HOME ENERGY RATING? booklet (CEC-400-2009-008-BR) B is Signature Buyer's Agent Signature Seller's Signature Ryan Ruggles z — Printed Name Date Ashley Ruggles � —�� Printed Name Date Printed Name Date Broker's Name 1. - nn; M-c�ae 3 7 i IA Printed Name Date Printed Name Date Listing Agent's Signature Printed Name Date Broker's Name ALL SIGNERS SHOULD RETAIN A COPY OF THIS PAGE FOR THEIR RECORDS California Civil Code Section 2079.10 states that if this booklet is provided to the buyer by the seller or broker, then this booklet is deemed to be adequate to inform the home buyer about the existence of California Home Energy Rating Program. For more information, visit: www.energy.ca.gov/HERS/index.htmi RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: CITY OF RANCHO CUCAMONGA 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Attention: Executive Director APN: 0202-391-05 (Space Above This Line For Recorder's Use) This Loan Agreement is Exempt from Recording Fees pursuant to California Government Code Sections 6103 and 27383 LOAN AGREEMENT CITY OF RANCHO CUCAMONGA FIRST TIME HOME BUYER PROGRAM (NSP) THIS LOAN AGREEMENT is dated as of , 2017 and is entered into by and between (collectively, "Participant") and the CITY OF RANCHO CUCAMONGA a public body (the "City"). RECITALS A. Participant has entered into an agreement (the "Purchase Agreement") to purchase from the City a single family home or condominium located at 6948 Spinel Avenue, Rancho Cucamonga, California on land more particularly described in Exhibit "A" attached hereto and incorporated herein (such land and improvements are hereinafter collectively referred to as the "Property"). B. Participant requires financial assistance to purchase the Property and would not be able to purchase the Property without such assistance. Participant is a person or family of low, moderate, or middle-income (LIVIMI) who currently earns one hundred twenty percent (120%) or less of the current annual median income (AMI) for the Riverside -San Bernardino County area, adjusted for family size, as those terms are defined by California Health and Safety Code Section 50093, but subject to any applicable terms or requirements of the Federal Neighborhood Stabilization Program ("NSP"). C. Participant has represented to the City that Participant and Participant's immediate family intend to reside in the Property as the family's primary residence at all times throughout the term of this Agreement. D. The City desires to assist persons and families of low to moderate income to purchase residential property to preserve, improve and increase the supply of affordable housing (as defined in Health and Safety Code Sections 50052.5 and 50093, subject to requirements of the 1123 1-0001\2121638v3.doc 1 ATTACHMENT -2 NSP) within Southern California in accordance with the Community Redevelopment Law, Health and Safety Code Section 33000, specifically Section 33334.2 (subject to requirements of the NSP). E. To promote these goals the City, has established the First Time Home Buyer Program (the "Program"), under which the City may provide a loan to a Participant toward the purchase price of a single family home, or condominium, which loan shall in no event exceed ($ ). The City intends that the loan is to assist persons of low, moderate, or middle-income ("LMMI") to purchase single family homes at an affordable housing cost, as defined in California Health and Safety Code Section 50052.5 (subject to requirements of the NSP). F. The City wishes to lend, and Participant wishes to borrow, Program funds (the "City Loan") to assist Participant to purchase the Property upon the terms and conditions set forth herein. Except for deferred contingent shared appreciation interest equal to the "Equity Share Amount" as hereinafter described, and interest payable after acceleration of the City Loan, the City Loan will not accrue any interest, and payments on the City Loan will be deferred until the entire Loan becomes due. G. The City Loan will become due prior to its stated maturity upon the sale or the occurrence of certain events described in Section 4 herein. NOW, THEREFORE, for good and valuable consideration the parties agree as follows: 1. City Loan. The City shall loan to Participant (the "City Loan") the amount of Dollars ($ subject to the conditions and restrictions set forth herein and those set forth in the Promissory Note, and the Deed of Trust (as those terms are hereinafter defined) for the Program. The City Loan shall be paid to the seller of the Property (the "Seller") by the City through deposit of the City Loan proceeds into escrow with Ticor Title Insurance Company (the "Escrow Agent") (Escrow No.00501582-990-SE7). The City shall direct the Escrow Agent to apply the proceeds of the City Loan on behalf of Participant to the purchase price of the Property, and at Participant's election, to the costs of closing, escrow fees, recording fees, loan points and fees, home warranty protection plan and/or document fees directly associated with the purchase of the Property. At such time, Participant shall execute, and deliver to the City a Promissory Note in favor of the City, in the principal amount of the City Loan substantially in the form of Exhibit `B" attached hereto and incorporated herein by this reference (the "Note") and a Deed of Trust and Assignment of Rents in favor of the City, as beneficiary in the form of Exhibit "C" attached hereto and incorporated herein by this reference (the "Deed of Trust"). 2. Maturity Date; Deferred Contingent _ Appreciation Interest; Forgiveness. The City Loan shall mature on the thirtieth (30th) anniversary of the date of recordation of the Deed of Trust (the "Maturity Date"). If the City Loan becomes due and payable, as herein provided, or is prepaid prior to the Maturity Date, Participant shall pay to the City, concurrently with the principal amount of the loan, appreciation interest equal to the "Equity Share Amount." The Equity Share Amount may not in any event exceed the 11231-0001\2121638v3.doe 2 percentage of the appreciation in the value of the Property that equals the amount of the City Loan divided by the sum of (a) such loan amount;l�us (b) the funds provided by the Borrower for the purchase of the Property that are not being borrowed (i.e., the Borrower's own equity funds), if any. The Equity Share Amount shall be the following percentage of the amount by which the Sales Price exceeds the Purchase Price (defined below): (a) Prior to the fifteenth (15th) anniversary of the date of recordation of the Deed of Trust: 15% (b) After the fifteenth (15th) anniversary and prior to maturity: 10% "Purchase Price" shall mean the original purchase price paid by the Participant to the City for City's interest in the Property, exclusive of escrow fees, title insurance costs, broker's commission, loan fees or any other closing or transaction costs. The "Sales Price" shall mean, in the event of a sale, the price to be paid by the buyer of the Property (the "Buyer") to Participant for Participant's interest in the Property, or if the Equity Share Amount is payable upon acceleration due to a default or upon a prepayment, then the "Sales Price" shall mean the appraised value of the Property as determined by an appraisal obtained by City at Participant's expense, in each case exclusive of escrow fee, title insurance costs, broker's commissions, loan fees or any other closing or transaction costs. In the event the Equity Share Amount will be payable for any reason, the City may appoint a certified, independent appraiser to conduct an appraisal of the Property, at Participant's expense. If the Sales Price is determined by the appraisal to be three percent (3%) or more below the fair market value of the Property as estimated in said appraisal, then the "Sales Price" for purposes of determining the Equity Share Amount payable upon a sale of the Property shall be the fair market value of the Property established in said appraisal and shall not be the price to be paid by the buyer of the Property. PARTICIPANT ACKNOWLEDGES AND AGREES THAT UPON THE OCCURRENCE OF ANY OF THE EVENTS DESCRIBED IN PARAGRAPH 2 ABOVE, PARTICIPANT SHALL PAY TO CITY AN EQUITY SHARE AMOUNT EQUAL TO A PERCENTAGE SHARE OF THE APPRECIATION OF THE PROPERTY AS CALCULATED PURSUANT TO THIS SECTION. EXCEPT AS PROVIDED HEREIN, THE CITY ACKNOWLEDGES AND AGREES THAT PARTICIPANT SHALL ONLY PAY THE NOTE AMOUNT AND THE EQUITY SHARE AMOUNT TO THE CITY IF, AND ONLY IF, PARTICIPANT PREPAYS THE LOAN OR FAILS TO COMPLY WITH THE PROVISIONS OF THIS AGREEMENT, OR SELLS THE PROPERTY TO A BUYER NOT QUALIFIED BY THE CITY. "Participant(s)" and "City" The costs of all Capital Improvements to the Property made while Participant owned and occupied the Property shall be deducted from the Sales Price when calculating the Equity Share Amount if Participant submits the following to the City: (i) an itemized list of the improvements, 1123 1-0001\2121638v3.doc 3 (ii) reliable proof of completion of the improvements (as evidenced e.g., by final building permits or certificate of completion), and (iii) reliable evidence of the cost of the improvements and that Participant paid those costs (as evidenced e.g., by an itemized invoice or receipt). "Capital Improvements" shall mean improvements for which a building permit has been issued by the City of Rancho Cucamonga and a certification of completion has been filed, or other improvements which add assessed value to the Property. Notwithstanding the foregoing, Participant's obligation to pay the Equity Share Amount is subject to a superior right of Participant to receive repayment of money paid by the Participant without City assistance (plus not less than the legal rate of interest on such money) for purchase of the Property (including down payment, installment payments of mortgage principal pursuant to the First Lien (as hereinafter defined in Section 5), escrow fees, transfer taxes, recording fees, brokerage commissions, and similar costs of acquisition of the Property actually paid by the Participant). Notwithstanding the foregoing, in the event of a sale of the Property, the Participant's obligation to pay the Equity Share Amount as contingent deferred interest shall be subject to the right of the Participant to receive from the proceeds of such sale of the Property repayment of money actually paid by the Participant for the purchase of the Property (including the Participant's cash down payment, installment payments of mortgage principal on financing used to acquire the Property, escrow fees, transfer taxes, recording fees, brokerage commissions and similar costs of acquisition actually paid by Participant, and money paid by Participant for capital improvements to the Property, plus not less than the then -legal rate of interest on such payments, to the extent such payments are shown by reasonable evidence that is delivered to City at least () days prior to the date on which such contingent deferred interest becomes due (collectively the "Participant's Investment"). If the Property is not sold, but such contingent deferred interest comes due as the result of a prepayment or a default, in no event shall the Equity Share Amount exceed the Sales Price (as determined by appraisal) less the Participant's Investment. Notwithstanding anything to the contrary contained herein, and absent any then pending default by the Participant hereunder, all outstanding principal and Equity Share Amount shall be forgiven on the Maturity Date. 3. Maintenance of Property. The Participant shall maintain the improvements and landscaping on the Property, including keeping the Property free from an accumulation of debris or waste materials, consistent with City standards and the City Deed of Trust. Participant also agrees to comply with any and all covenants and agreements established by any homeowner's association or other regulatory entity recognized by area property owners and to comply with all applicable federal, state and local laws. 11231-0001\2121638v3.doc 4 4. Acceleration Events; Due on Sale. Participant agrees to notify the City not less than forty-five (45) days prior to: (i) the sale, transfer or conveyance of any portion of or interest in the Property (subject to the second sentence of this Section 4), or (ii) any failure by the Participant to occupy the Property (except that Participant may request from the City a temporary waiver of such owner occupancy requirement in situations involving extreme hardship). The City Loan shall be due and payable upon: (i) such sale, transfer, or conveyance, (ii) such failure to occupy; (iii) any default by Participant under this Agreement (including, without limitation, a default under Section 16 below); (iv) if a knowing, material misrepresentation by Participant was made in connection with the Loan; or (v) a default occurs under any obligations secured by a lien that is superior to the Deed of Trust. Notwithstanding the foregoing, none of the following shall cause the loan to become due: (a) a transfer by gift, devise, or inheritance to the owner's spouse: (b) transfer of title by an owner's death to a surviving joint tenant, tenant by entireties, or a surviving spouse of community property: (c) transfer of title to a spouse as part of divorce or dissolution proceedings; or (d) transfer of title or an interest in the Property to the spouse in conjunction with marriage. Notwithstanding the foregoing, the following shall not entitle Holder to accelerate the City Loan or accrued interest: (1) the creation of a lien or other encumbrance subordinate to the lender's security instrument which does not relate to a transfer of rights of occupancy in the Property; (2) the creation of a purchase money security interest for household appliances; (3) a transfer by devise, decent, or operation of law on the death of a joint tenant or tenant by the entirety; (4) the granting of a leasehold interest of three (3) years or less not containing an option to purchase; (5) a transfer to a relative resulting from the death of a borrower; (6) a transfer where the spouse or children of the borrower become an owner of the Property; (7) a transfer resulting from a decree of a dissolution of marriage, legal separation agreement, or from an incidental property settlement agreement, by which the spouse of the borrower becomes an owner of the Property; (8) a transfer into an inter vivos trust in which the borrower is and remains a beneficiary and which does not related to a transfer of rights of occupancy in the Property; or (9) any other transfer or disposition described in regulations prescribed by the Federal Home Loan Bank Board. 11231-0001\2121638v3.doe 5 5. Prohibition Avainst Refinance or Additional Encumbrances. Participant shall not refinance any lien superior to the Deed of Trust ("First Lien") without the prior written consent of the City. Participant also agrees to not further encumber the Property (or permit the Property to be further encumbered) with any additional liens, except as permitted by Section 4, above. 6. Occupancy Standards. The Property shall be used as the primary personal residence of Participant and Participant's family and for no other purpose. 7. Income Information. Participant has submitted an eligibility verification form to the City prior to execution of this Agreement. Participant represents, warrants, and declares under penalty of perjury to the City that all information Participant has provided and will provide in the future to the City is and will be true, correct and complete in all material respects. Participant acknowledges that the City is relying upon Participant's representations that Participant is a person or family of low, moderate, or middle-income ("LMMI") that earns one hundred twenty percent (120%) or less of the current annual median income ("AMI") for the Riverside - San Bernardino County area, adjusted for family size, as such terms are used in California Health and Safety Code Section 50093, but subject to any applicable requirements of the NSP. Participant will provide to the City on an annual basis for the life of the City Loan, such information relative to household composition and income as maybe requested by the City. 8. First Time Bue. Participant represents and warrants to the City that neither Participant nor any of Participants family residing in the Property has had an ownership interest in any residential real property during all or any part of three (3) years immediately prior to funding of the City Loan. 9. Eligible Property. The Property must be a bank owned single family residence, condominium, or townhouse located in the City of Rancho Cucamonga, excluding those located within Census Tract 20.06 (North of Foothill Boulevard, south of Base Line Road, east of Haven, and west of Rochester Avenue (Terra Vista)), Census Tract 20.09 (North of the 210 Freeway and east of Haven Avenue), and Census Tract 20.02 (North of the 210 Freeway, west of Haven Avenue, east of Beryl Street. 10. Loan Servicing. The City will service the loan itself, or will assign servicing responsibility to a third loan party servicer. 11231-0001\2121638v3.doc 6 11. Participant Financing. Participant shall obtain financing for the purchase of the Property from a reputable institutional lender approved by the City (the "Lender") that will be secured by a first deed of trust. Such financing must be a fully amortized fixed-rate loan containing no negative amortization. Participant must accept the highest ratio (loan -to -value) loan for which Participant qualifies, and Participant is required to participate in the NPHS Home Buyer's Education Program. In addition, not less than three percent (3%) of the Purchase Price of the Property shall be Paid in cash from Participant's funds; provided, however, two percent (2%) of such amount may be gifted (but not lent) to the Participant and not from the proceeds of any loan. 12. Subordination. The first deed of trust on the Property described in Section 11 and held by Lender shall be prior and superior to this Loan Agreement and the City Deed of Trust, and any person or entity obtaining title to the Property through a trustee's sale under such deed of trust, judicial foreclosure of such deed of trust, or deed in lieu of such foreclosure, and any conveyance or transfer thereafter, shall receive title free and clear of the City's Deed of Trust and covenants contained in the Loan Agreement. Participant agrees it shall instruct the escrow holder for the acquisition of the Property by the Participant that the order of recording in the escrow for the purchase of the Property by the Participant shall occur as follows: 1) the first lien deed of trust; 2) the City's Deed of Trust; and 3) the Loan Agreement. The Participant shall cause a Request for Notice to be recorded on the Property subsequent to the recordation of the first lien deed of trust, requesting a statutory notice of default as set forth in the California Civil Code. 13. Non -Waiver. Failure to exercise any right the City may have or be entitled to, in the event of default hereunder, shall not constitute a waiver of such right or any other right in the event of a subsequent default. 14. Indemnification. The Participant shall defend, indemnify, and hold harmless the City and its respective officers, agents, employees, representatives and volunteers from and against any loss, liability, claim, judgment, costs and expenses relating in any manner to the Property or this Agreement. The Participant shall remain fully obligated for the payment of taxes, liens, and assessments related to the Property. There shall be no reduction in taxes for Participant, nor any transfer of responsibility to the City to make such payments, by virtue of the City Loan. 15. Insurance. Participant shall maintain, during the term of the City Loan, an all-risk property insurance policy insuring the Property in an amount equal to the full replacement cost of the structures on the Property. The policy shall name the City as loss payee and shall contain a statement of obligation on behalf of the carrier to notify the City of any material change, 11231-0001\2121638v3.doe 7 cancellation or termination of coverage at least thirty (30) days in advance of the effective date of such material change, cancellation or termination. Participant shall transmit a copy of the certificate of insurance and loss payee endorsement to the City within thirty (30) days of the effective date of this Agreement, and Participant shall annually transmit a copy of the certificate of insurance and a loss payee endorsement, signed by an authorized agent of the insurance carrier setting forth the general provisions of coverage. The copy of the certificate of insurance and loss payee endorsement shall be transmitted to the City as follows: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Attn: Executive Director Any certificate of insurance must be in a form, content and with companies approved by the City. Participant must establish and maintain an impound account with the first lien holder for the payment of insurance premiums and property taxes. 16. Defaults. Failure or delay by either party to perform any term or provision of this Agreement which is not cured within thirty (30) days after receipt of written notice of the breach from the other party shall constitute a default under this Agreement; provided, however, if such breach is of the nature requiring more than thirty (30) days to cure, the breaching party shall not be in default under this Agreement if it commences to cure the breach within such thirty (30) day period, and thereafter diligently pursues such cure to completion. Failure or delay in giving a written notice of any breach shall not constitute a waiver of any breach, nor shall it change the time of breach. 17. Documents. Participant is aware that the City has prepared certain documents to implement the Program and secure repayment of the City Loan. Participant has reviewed and agrees to execute the following documents in substantially the form as attached hereto prior to receiving the City Loan, and any other documents reasonably required by the City or a participating entity to complete the transaction contemplated herein: (a) Promissory Note (b) Deed of Trust (c) Covenants, Conditions and Restrictions (as described in the Purchase Agreement) Participant agrees and acknowledges that this Agreement shall be recorded against the Property with the County Recorder of the County of San Bernardino and shall appear of record with respect to, and as an encumbrance on, the Property. 11231-0001\2121638v3.doc 8 18. Further Assurances. The Participant shall execute any further documents consistent with the terms of this Agreement, including documents in recordable form, as the City shall from time to time find necessary or appropriate to effectuate its purposes in entering into this Agreement and making the City Loan. Participant further agrees to provide on an annual basis, at the request of the City, information related to the regulations and guidelines of NPHS's Home Buyers Education Program and under applicable Redevelopment Law. 19. Governing Law. This Agreement shall be governed by the laws of the State of California. Any legal action brought under this Agreement must be instituted in the Superior Court of the County of San Bernardino, State of California, in an appropriate Municipal Court in that county, or in the Federal District Court in the Central District of California. 20. Amendment of Agreement. No modification, rescission, waiver, release or amendment of any provision of this Agreement shall be made except by a written agreement executed by the Participant and the City. 21. City May Assign to Certain Types of Organizations. City may, at its option, assign to a governmental or non-profit organization this Loan Agreement and its right to receive repayment of the City Loan proceeds without obtaining the consent of the Participant. 22. Participant Assignments Prohibited. In no event shall Participant assign or transfer any portion of this Agreement or the City Loan without the prior express written consent of the City, which consent may be given or withheld in the City's sole discretion. 23. Entire Agreement. This Agreement, together with the Promissory Note, Deed of Trust and any attachments hereto, constitutes the entire understanding and agreement of the parties, and integrates all of the terms and conditions mentioned herein or incidental thereto, and supersedes all prior or contemporaneous negotiations, discussions and previous agreements between the City and the Participant concerning all or any part of the subject matter of this Agreement. 11231-0001\2121638v3.doe 9 24. Notices. Any notices, requests or approvals given under this Agreement from one party to another may be personally delivered or deposited with the United States Postal Service for mailing, postage prepaid, registered or certified mail, return receipt requested to the following addresses: To Participant(s) To City: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 With a copy to: Richards, Watson & Gershon 355 S. Grand Ave., 40th Floor Los Angeles, CA 90071 Attn: Jim G. Grayson, Esq. Either party may change its address for notice by giving written notice thereof to the other party. 25. Attorneys' Fees and Costs. In the event that any action is instituted to enforce payment or performance under this Agreement, the parties agree the non -prevailing party shall be responsible for and shall pay all costs and all attorneys' fees incurred by such prevailing party in enforcing this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date. PARTICIPANT(S): Printed Name: Printed Name: CITY: City of Rancho Cucamonga, a public body By: Name: Title: 11231-0001\2121638v3.doc 10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On before me, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity(ies) upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public 11231-0001\2121638v3.doc I I CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On before me, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity(ies) upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public 11231-0001\2121638v3.doc 12 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On before me, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity(ies) upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public 11231-0001\2121638v3.doe 13 Exhihit "A" Legal Description Lot 8 of Tract no. 8583 as per map recorded in Book 116 Pages 57-58 inclusive, of Maps in the Office of the County Recorder of said County. APN: 0202-391-05 Property Address: 6948 Spinel Avenue Rancho Cucamonga, CA 91701 -14- 1123 14- 1123 1-000 1 \2121638v3.doc F.Yhihit «R" Form of Promissory Note PROMISSORY NOTE CITY OF RANCHO CUCAMONGA FIRST TIME HOME BUYER PROGRAM (NSP) Amount: $ Date: , 2017 Property Address: FOR VALUE RECEIVED, the undersigned (collectively, the "Makers") promise to pay to the City of Rancho Cucamonga (the "City") located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, or at such other address as Holder may direct from time to time in writing, Dollars ($ ). All sums hereunder shall be payable in lawful money of the United States of America. Except for the contingent deferred appreciation interest described at the end of Section 1 below, there will be no interest charges payable on this loan. 1. Loan Agreement. This Promissory Note is made and delivered pursuant to the Loan Agreement entered by and between the City and the Makers dated , 2017 (the "Agreement"), a copy of which is on file as a public record with the City and is incorporated herein by reference, and subject to the terms thereof. All capitalized terms not otherwise defined herein shall have the meaning ascribed thereto in the Agreement. The Agreement sets forth the terms and conditions of payment of an Equity Share Program between the City and the Makers that provides for payment by Makers of an "Equity Share Amount" that constitutes contingent deferred appreciation interest. 2. Maturity Date; Forgiveness. The City loan shall mature on the thirtieth (30th) anniversary of the date of recordation of the Deed of Trust (as hereinafter defined) (the "Maturity Date"). All outstanding principal and Equity Share Amount interest will be forgiven on the Maturity Date, absent any then pending default by Makers. Final amount, if any, due by Maker(s) will be determined by calculation completed by staff at the time of written request of the Maker(s) other than situations covered by Acceleration discussed below. 3. Acceleration. All principal, contingent deferred appreciation interest, and any other sums due hereunder and under the Agreement shall become due and be immediately payable to the City by the Makers upon the occurrence of any one of the following events (unless prohibited by applicable law): -15- 1123 15- 1123 1-000 1 \2121638v3.doe (a) The conveyance, transfer or sale or lease of the Property or any portion thereof or interest therein; (b) The refinancing of any lien or encumbrance to which the deed of trust securing this Note is subordinate without the express written consent of the City; (c) The prepayment of sums secured by any lien or encumbrance to which the City's lien securing this Promissory Note is subordinate; or (d) The failure by Makers to occupy the Property as their principal residence; (e) The occurrence of any default by Makers under the Agreement. 4. Security for Note. This Promissory Note shall be secured by a Deed of Trust and Assignment of Rents encumbering the Property executed by Maker(s), as trustor, in favor of the City, as the beneficiary. Prepayment. Maker may prepay this Note to the City upon ninety (90) days' prior written notice to the City, provided that any prepayment must be in full and not in part and must be accompanied by the Contingent Deferred Interest Amount (which shall be based on an appraisal of the Property as described above) and the appraisal costs. Upon receipt of Maker's Notice of Prepayment, the City shall appoint a certified independent appraiser to conduct the appraisal necessary to calculate the Contingent Deferred Interest Amount and shall notify Maker in writing of the Contingent Deferred Interest Amount and appraisal costs prior to the end of said 90 day period. If the Maker fails to timely prepay the Note Amount, all appraisal costs shall become due and payable, and Maker's failure to reimburse the City for such costs within five (5) days after written notice shall constitute a default hereunder. 6. City May Assign. The City may, at its option, assign its rights under this Promissory Note without the consent of Maker(s) provided the Note is assigned to a non-profit organization or another governmental agency. 7. Attorneys' Fees and Costs. If any action is instituted to enforce payment under this Promissory Note, the non - prevailing party shall be responsible for and shall pay to the prevailing party all court costs and all attorneys' fees incurred by the prevailing party in enforcing this Promissory Note. -16- 1123 16- 1123 1-000 1 \2121638v3.doc 8. Non -Waiver. Failure or delay in giving any notice required hereunder, and acceptance of any sums paid hereunder, shall not constitute a waiver of any default or late payment, nor shall it change the time for any default or payment. 9. Waiver. Maker(s) hereby waive presentment, protest and demand, notice of protest, demand and of dishonor and non-payment of this Promissory Note. CITY: MAKER(S): City of Rancho Cucamonga, a public body Printed Name: By: Name: Title: Date: , 2017 Printed Name: Date: , 2017 Date: -17- 1123 17- 1123 1-000 1 \2121638v3.doc Fvhihit "C" Form of Deed of Trust and Assignment of Rents RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Attention: Executive Director A.P.N.: 0202-391-05 This Deed of Trust is exempt from recording fees pursuant to Gov. Code Sec. 6103 and 27383 (Space Above This Line for Recorder's Use) DEED OF TRUST AND ASSIGNMENT OF RENTS THIS DEED OF TRUST AND ASSIGNMENT OF RENTS (this "Deed of Trust"), is dated as of , 2017, and is executed by ("Trustor"), whose address is 6948 Spinel Avenue, Rancho Cucamonga, California, in favor of the CITY OF RANCHO CUCAMONGA, a public body, whose address is 10500 Civic Center Drive, Rancho Cucamonga, California 91730 ("Beneficiary"), and Ticor Title Insurance Company whose address is 4210 Riverwalk Parkway, Suite 200, Riverside, California 92505 ("Trustee"). Witnesseth: That Trustor IRREVOCABLY GRANTS, TRANSFERS AND ASSIGNS TO TRUSTEE IN TRUST, WITH POWER OF SALE, Trustor's right, title and interest in, under and to that certain property located in the City of Rancho Cucamonga, County of San Bernardino, State of California, described on Exhibit "A," attached hereto and incorporated herein by this reference (the "Property"). TOGETHER WITH the rents, issues and profits thereof, SUBJECT, HOWEVER, to the right, power and authority hereinafter given to and conferred upon Trustee to collect and supply such rents, issues and profits. For the Purpose of Securing: Performance of each agreement of Trustor herein contained, and payment of the indebtedness evidenced by that certain promissory note (the "Promissory Note") of even date herewith, and any extension or renewal thereof, in the stated principal sum of 1123 1-000 1 \2121638v3.doe To Protect the Security of This Deed of Trust, Trustor Agrees: (1) To keep the Property in good condition and repair; to complete or restore promptly and in good workmanlike manner any building which may be constructed, damaged or destroyed thereon, and to pay when due all claims for labor performed and materials furnished therefor; to comply with all laws affecting the Property, or requiring any alterations or improvements to be made thereon; not to commit or permit waste thereof; not to commit, suffer or permit any act upon the Property in violation of law; to cultivate, irrigate, fertilize, fumigate, prune and do all other acts which from the character or use of the Property may be reasonably necessary, the specific enumerations herein not excluding the general. (2) To provide, maintain and deliver to Beneficiary fire and extended coverage insurance with endorsements for vandalism, malicious mischief, and special extended perils, in the full replacement value of the improvements (excluding footings and foundations), and with endorsements for increases in costs due to changes in code and inflation, and any other insurance requested by Beneficiary, and with loss payable to Beneficiary and any superior trust deed holder, as their interests may appear. The amount collected under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured hereby and in such order as Beneficiary may determine, or at option of Beneficiary the entire amount so collected or any part thereof may be released to Beneficiary; provided, however, Beneficiary shall have the right to use such insurance proceeds to repair and/or rebuild, as necessary, the damaged portion(s) of the Property if economically feasible. Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. (3) Hazardous Materials. 3.1 To defend, protect and hold Beneficiary, its directors, officers, policyholders, employees or agents, and any successor or successors (collectively, "Successors") to Beneficiary's interest in the chain of title to the Property, harmless from and against any and all losses, liabilities, fines, charges, damages, injuries, penalties, response costs, costs, expenses and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Beneficiary, including, without limitation, (a) all foreseeable consequential damages; (b) the costs of any required or necessary repair, cleanup or detoxification of the Property, and the preparation and implementation of any closure, remedial or other required plans; and (c) all reasonable costs and expenses incurred by Beneficiary in connection with clauses (a) and (b), including, but not limited to, reasonable attorneys' fees (I) for, with respect to, or as a direct or indirect result of (A) the presence on or under, or the escape, seepage, leakage, spillage, discharge, emission, discharge or release from, the Property or any other property legally or beneficially owned (or any interest or estate which is owned) by Trustor of any "Hazardous Material" (as defined below) (including, without limitation, any losses, liabilities, damages, injuries, costs, expenses or claims asserted or arising under the Comprehensive Environmental Response, Compensation and Liability Act, any so-called "Superfund" or "Superlien" law, or any other federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning, any Hazardous Material), regardless of whether or not caused by, or within the control of, Trustor or any predecessor in title or any employees, agents, contractors or subcontractors of Trustor, any third persons at any time occupying or present on or otherwise affecting the Property or any _19- 1123 19- 1123 1-000 1 \2121638v3.doe Successors, or (B) the presence of any asbestos on the Property (including, without limitation, the cost of removal) regardless of whether or not caused by, or within the control of, Trustor, or any predecessor in title or any employees, agents, contractors or subcontractors of Trustor, any third persons at any time, occupying or present on the Property, or (c) the transport, treatment, storage or disposal of Hazardous Materials to or at any location by Trustor or any other party directly or indirectly affiliated with Trustor, or at the direction of any of them; or (II) arising out of or related to any breach of Trustor's obligations, or any inaccuracy, incompleteness or misrepresentation, under this Deed of Trust, irrespective of whether any of such activities were or will be undertaken in accordance with applicable laws, regulations, codes or ordinances. For purposes herein, the term "Hazardous Material" means and includes any flammable explosives, radioactive materials, or any materials considered to be hazardous, toxic or dangerous waste, substance or related material, including, but not limited to, substances defined as such in (or for purposes of) the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42 U.S.C. Sections 9601, et SeMc .; the Hazardous Materials Transportation Act, 49 U.S.C. Sections 1801, et SeMc .; the Resource Conservation and Recovery Act, 42 U.S.C. Sections 6901, et SeMc .; the Clean Water Act, 33 U.S.C. Sections 1251, et SeMc .; the Safe Drinking Water Act, 42 U.S.C. Sections 300(f), et sM.; the Clean Air Act, 42 U.S.C. Sections 7401, et SeMc .; the Insecticide, Fungicide, and Rodenticide Act (also known as the Federal Pesticide Act of 1978), 7 U.S.C. Sections 136, et SeMc .; the Toxic Substances Control Act, 15 U.S.C. Sections 260 1-2629; those substances defined as "hazardous wastes" in California Health & Safety Code Section 25117 or as "hazardous substances" in California Health & Safety Code Section 25316 and any so-called "Superfund" or "Superlien" law, or any other federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance or material, as now or at any time hereafter in effect (herein collectively called "Hazardous Materials Law"), but shall not include substances which are ordinarily used in the construction and operation of multifamily housing in accordance with all applicable laws and in quantities which are customary for such use. 3.2 To keep and maintain the Property in compliance with, and to not cause or permit the Property to be in violation of, any California, federal or local laws, ordinances or regulations relating to industrial hygiene or to the environmental conditions on, under or about the Property including, but not limited to, soil and ground water conditions. Trustor shall not use, generate, manufacture, store, dispose of or permit to exist in, on, under or about the Property any Hazardous Material. Trustor hereby agrees at all times to comply fully and in a timely manner with, and to cause all of its employees, agents, contractors and subcontractors and any other persons occupying or present on the Property to so comply with, all applicable California, federal and local laws, regulations, guidelines, codes, statutes, and ordinances applicable to the use, generation, handling, storage, treatment, transport and disposal of any Hazardous Material now or hereafter located or present on or under the Property, including, but not limited to, any underground fuel tanks. 3.3 That, to the best of its knowledge and belief, except as disclosed in writing to Beneficiary, Trustor represents and warrants that: (a) no enforcement, cleanup, removal or other governmental or regulatory actions have, at any time, been instituted, completed or threatened against the Property, or against Trustor with respect to the Property, pursuant to any Hazardous Materials Law; (b) no violation or non-compliance with Hazardous Materials Laws has occurred with respect to the Property at any time; (c) no claims have, at any -20- 1123 20- 1123 1-000 1 \2121638v3.doc time, been made or threatened by any third party against the Property or against Trustor with respect to the Property, relating to damage, contribution, cost recovery compensation, loss or injury resulting from any Hazardous Materials (the matters set forth in clauses (a) and (b) above shall be hereinafter collectively referred to as "Hazardous Materials Claims"); and (d) no occurrence or condition on any real property adjoining or in the vicinity of the Property exists which could cause the Property or any part thereof to be classified as a "border -zone property" under the provisions of California Health & Safety Code Sections 25220, et SeMc ., or any regulation adopted in accordance therewith, or to be otherwise subject to any restrictions on the ownership, occupancy, transferability or use of the Property under any Hazardous Materials Laws. Trustor shall promptly advise Beneficiary in writing if any Hazardous Materials Claims are hereafter asserted, or if Trustor obtains knowledge of any discharge, release, or disposal of any Hazardous Materials in, on, under or about the Property, or that any condition described in clause (d) above has occurred. 3.4 That, without Beneficiary's prior written consent, which shall not be unreasonably withheld, conditioned or delayed, Trustor shall not take any remedial action in response to the presence of any Hazardous Materials on, under, or about the Property, nor enter into any settlement agreement, consent decree, or other compromise in respect to any Hazardous Materials Claims, which remedial action, settlement, consent or compromise might, in Beneficiary's reasonable judgment, impair the value of Beneficiary's security hereunder; provided, however, that Beneficiary's prior consent shall not be necessary in the event that the presence of any Hazardous Material on, under, or about the Property either poses an immediate threat to the health, safety or welfare of any individual or is of such a nature that an immediate remedial response is necessary and it is not possible to obtain Beneficiary's consent before taking such action, provided that in such event Trustor shall notify Beneficiary as soon as practicable of any action so taken. Beneficiary agrees not to withhold its consent, where such consent is required hereunder, if either (a) a particular remedial action is ordered by a court of competent jurisdiction, or (b) Trustor establishes to the reasonable satisfaction of Beneficiary that there is no reasonable alternative to such remedial action which would result in less impairment of Beneficiary's security hereunder. 3.5 That Beneficiary shall have the right to join and participate in, as a party if either so elects, any legal proceedings or actions initiated by any person or entity in connection with any Hazardous Materials Claims and, in such case, to have its reasonable attorneys' fees and costs incurred in connection therewith paid by Trustor. The indemnification and hold harmless provisions of this Section 3 shall survive the repayment of all sums due under the Note and the reconveyance of or foreclosure under this Deed of Trust. (4) To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustor; and to pay all costs and expenses, including cost of evidence of title and attorneys' fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustor may appear, and in any suit brought by Beneficiary to foreclose this Deed of Trust. (5) To promptly perform and observe, or cause to be performed and observed, all of the terms, covenants and conditions of all instruments of record affecting the Property, noncompliance with which may affect the priority of the lien of this Deed of Trust, or which may impose any duty or obligation upon Trustor or any lessee or other occupant of the Property or -21- 1123 1-000 1 \2121638v3.doc any part thereof, and to do or cause to be done all things necessary to preserve intact and unimpaired any and all easements, appurtenances and other interests and rights in favor of or constituting any portion of the Property. (6) To pay: at least ten (10) days before delinquency all taxes and assessments affecting the Property, including assessments on appurtenant water stock; when due, all encumbrances, charges and liens, with interest, on the Property or any part thereof, which appear to be prior or superior hereto; all costs, fees and expenses of this Deed of Trust. Should Trustor fail to make any payment or to do any act as herein provided, then Beneficiary or Trustee, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may: make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof, Beneficiary being authorized to enter upon the Property for such purposes; appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary; pay, purchase, contest or compromise any incumbrance, charge or lien which in the judgment of either appears to be prior or superior hereto; and, in exercising any such powers, pay necessary expenses, employ counsel and pay his reasonable fees. (7) To pay immediately and without demand all sums so expended by Beneficiary, with interest from date of expenditure at the amount allowed by law in effect at the date hereof, and to pay for any statement provided for by law in effect at the date hereof regarding the obligation secured hereby and any amount demanded by the Beneficiary not to exceed the maximum allowed by law at the time when the statement is demanded. (8) That any award of damages for public use of or injury to the Property or any part thereof that may be made in connection with any condemnation proceedings or by exercise of any right of eminent domain is hereby assigned and shall be paid to Beneficiary (and to any superior trust deed holder, as their interests may appear), who may apply or release such moneys received by him in the same manner and with the same effect as above provided for disposition of proceeds of fire or other insurance. Trustor shall give Beneficiary immediate notice of the actual or threatened commencement of any condemnation proceedings affecting all or any part of the Property with respect to which Trustor becomes aware through delivery of written notice, including condemnation proceedings as severance and consequential damages and change in grade of streets, and will deliver to Beneficiary copies of any and all papers served in connection with any such proceedings. 8.1 Notwithstanding the foregoing, Beneficiary may appear with Trustee in any action or proceeding relating to any such condemnation and may participate with Trustee in negotiation of any settlement or compromise thereof. No settlement of or other compromise with respect to the damages sustained thereby shall be made by Trustee without Beneficiary's prior written approval thereof. Beneficiary and Trustor each agree to execute any and all further documents that may be required in order to facilitate the collection of any award or awards. In the case of any taking covered by this Section, Beneficiary (to the extent Beneficiary has not been reimbursed therefor by Trustor) shall be entitled, as a first priority, to the reimbursement out of any award or awards for all reasonable costs, fees, reimbursements to Beneficiary and expenses incurred to third parties in the determination and collection of any such awards. -22- 1123 1-000 1 \2121638v3.doc 8.2 Notwithstanding any taking by condemnation proceedings, Trustor shall continue to pay all sums secured by this Deed of Trust at the rate provided herein until any such award or payment shall have been actually received by Beneficiary and applied to the principal sum as provided in this Section 8, if it is to be applied under this Section 8. Any reduction in the principal sum resulting from Trustor's application of such award or payment as hereinabove set forth shall be deemed to take effect only on the date of such receipt. If prior to Trustor's receipt of such award or payment the Property shall have been sold on foreclosure of this Deed of Trust, Beneficiary shall have the right to receive such award or payment to the extent of any portion of the indebtedness still unpaid after application of the proceeds of the foreclosure sale, with interest thereon plus reasonable counsel fees, costs and disbursements incurred by Beneficiary in connection with the collection of such award or payment and in establishing the deficiency. The application of condemnation proceeds to the obligations secured by this Deed of Trust, whether then due or not then due or payable, shall not postpone, abate or reduce any of the periodic installments of principal and/or interest thereafter to become due under this Deed of Trust until the obligations secured under the Note and this Deed of Trust are paid in full. (9) That by accepting payment of any sum secured hereby after its due date, Beneficiary does not waive its right either to require prompt payment when due of all other sums so secured or to declare default for failure so to pay. (10) That at any time or from time to time, without liability therefor and without notice, upon written request of Beneficiary and presentation of this Deed of Trust and the Note for endorsement, and without affecting the personal liability of any person for payment of the indebtedness secured hereby, Trustee may: reconvey any part of the Property; consent to the making of any map or plat thereof, join in granting any easement thereon; or join in any extension agreement or any agreement subordinating the lien or charge hereof. (11) That upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed of Trust and the Note to Trustee for cancellation and retention and upon payment of its fees, Trustee shall reconvey, without warranty, the Property then held hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in such reconveyance may be described as "the person or persons legally entitled thereto." Five (5) years after issuance of such full reconveyance, Trustee may destroy the Note and this Deed of Trust (unless directed in such request to retain them). (12) That as additional security, subject to the rights of superior trust deed holders, as their interests may appear, Trustor hereby absolutely and unconditionally assigns and transfers to Beneficiary all the rents, income and profits of the property encumbered hereby, and hereby gives to and confers upon Beneficiary the right, power and authority to collect such rent, income, and profits, and Trustor irrevocably appoints Beneficiary as Trustor's true and lawful attorney at the option of Beneficiary, at any time, to give receipts, releases and satisfactions and to sue, either in the name of Trustor or in the name of Beneficiary, for all income, and apply the same to the indebtedness secured hereby; provided, however, so long as no default by Trustor in the payment of any indebtedness secured hereby shall exist and be continuing, Trustor shall have the right to collect all rent, income and profits from the Property and to retain, use and enjoy the same. Upon any such default, Beneficiary may at any time -23- 1123 1-000 1 \2121638v3.doe without notice, either in person, by agent, or by a receiver to be appointed by a court, and without regard to the adequacy of any security for the indebtedness hereby secured, enter upon and take possession of the Property or any part thereof, in its own name sue for or otherwise collect such rents, issues and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable attorneys' fees, against any indebtedness secured hereby, and in such order as Beneficiary may determine. The entering upon and taking possession of the Property, the collection of such rents, issues and profits and the application thereof as described above shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. (13) That upon default by Trustor in payment of any indebtedness secured hereby, or in performance of any agreement hereunder, or under the Note, and after expiration of any applicable cure periods therefor, Beneficiary may declare all sums secured hereby immediately due and payable by delivery to Trustor of written declaration of default and demand for sale and of written notice of default and election to cause to be sold the Property, which notice Beneficiary shall cause to be filed for record. Beneficiary also shall deposit with Trustee this Deed of Trust, the Note and all documents evidencing expenditures secured hereby. After the lapse of such time as may then be required by law following the recordation of the notice of default, and notice of sale having been given as then required by law, Trustee, without demand on Trustor, shall sell the Property at the time and place fixed by Trustee in the notice of sale, either as a whole or in separate parcels, and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States, payable at time of sale. Trustee may postpone sale of all or any portion of the Property by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to such purchaser Trustee's deed conveying the Property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Trustor, or Trustee, as hereinafter defined, may purchase at such sale. After deducting all costs, fees and expenses of Trustee and of this Deed of Trust, including cost of evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of. all sums expended under the terms hereof, not then repaid, with accrued interest at the amount allowed by law in effect at the date hereof; all other sums then secured hereby; and the remainder, if any, to the person or persons legally entitled thereto. (14) That Beneficiary, or any successor in ownership of any indebtedness secured hereby, may from time to time, by instrument in writing, substitute a successor or successors to any Trustee named herein or acting hereunder, which instrument, executed by the Beneficiary and duly acknowledged and recorded in the office of the recorder of the county or counties where the Property is situated, shall be conclusive proof of proper substitution of such successor Trustee or Trustees, who shall, without conveyance from the Trustee predecessor, succeed to all its title estate, rights, powers and duties. The instrument must contain the name of the original Trustor, Beneficiary and Trustee hereunder, the book and page where this Deed of Trust is recorded and the name and address of the new Trustee. -24- 1123 24- 1123 1-000 1 \2121638v3.doe (15) That this Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors and assigns. The term Beneficiary shall mean the owner and holder, including pledgees, of the Note, whether or not named as Beneficiary herein. In this Deed of Trust, whenever the context so requires, the masculine gender includes the feminine and/or neuter, and the singular number includes the plural. (16) That Trustee accepts this Deed of Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of any pending sale under this Deed of Trust or of any action or proceeding in which Trustor, Beneficiary or Trustee shall be a party unless brought by Trustor. (17) That Trustor shall promptly pay when due the payments of interest, principal, and all other charges accruing under any superior or prior trust deed, mortgage, or other instrument encumbering the Property. Beneficiary shall have the right, but not the obligation, to cure any defaults on any superior or prior deed of trust or promissory note secured thereby and upon curing such default Trustor shall immediately reimburse Beneficiary for all costs and expenses incurred thereby, together with interest thereon at the maximum legal rate permitted to be charged by non-exempt lenders under the State of California, and Trustor's failure to pay such amount on demand shall be a breach hereof. Trustor's breach or default of any covenant or condition of any superior or prior trust deed, mortgage or other instrument encumbering the Property shall be a default under this Deed of Trust. (18) If the Trustor sells, leases, transfers, assigns, conveys, encumbers, mortgages, hypothecates or alienates the Property, or any part thereof, or any interest therein, or is divested of title or any interest therein in any manner or way, whether voluntarily or involuntarily without the written consent of the Beneficiary being first had and obtained, or an event of default otherwise occurs, then Beneficiary shall have the right (among other options specified in the Note), at Beneficiary's option, to declare any indebtedness or obligations secured hereby, irrespective of the maturity date specified in any note evidencing the same, immediately due and payable. -25- 1123 25- 1123 1-000 1 \2121638v3.doc (19) Each and every term, covenant and condition of the Note is hereby incorporated herein by this reference. TRUSTOR: Printed Name: Printed Name: -26- 1123 26- 1123 1-000 1 \2121638v3.doe CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On before me, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity(ies) upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public -27- 1123 27- 1123 1-000 1 \2121638v3.doe EXHIBIT "A" Description of Property The land referred to herein below is situated in the County of San Bernardino, State of California, and is described as follows: Lot 8 of Tract No. 8583, in the City of Rancho Cucamonga, County of San Bernardino, State of California, as per map recorded in Book 116, Pages 57 and 58 of Maps, in the office of the County Recorder of said county. APN: 0202-391-05-0-000 -28- 1123 28- 1123 1-000 1 \2121638v3.doe PROMISSORY NOTE CITY OF RANCHO CUCAMONGA FIRST TIME HOME BUYER PROGRAM (NSP) Amount: $ Date: , 2017 Property Address: FOR VALUE RECEIVED, the undersigned (collectively, the "Makers") promise to pay to the City of Rancho Cucamonga (the "City") located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, or at such other address as Holder may direct from time to time in writing, Dollars ($ ). All sums hereunder shall be payable in lawful money of the United States of America. Except for the contingent deferred appreciation interest described at the end of Section 1 below, there will be no interest charges payable on this loan. 1. Loan Agreement. This Promissory Note is made and delivered pursuant to the Loan Agreement entered by and between the City and the Makers dated , 2017 (the "Agreement"), a copy of which is on file as a public record with the City and is incorporated herein by reference, and subject to the terms thereof. All capitalized terms not otherwise defined herein shall have the meaning ascribed thereto in the Agreement. The Agreement sets forth the terms and conditions of payment of an Equity Share Program between the City and the Makers that provides for payment by Makers of an "Equity Share Amount" that constitutes contingent deferred appreciation interest. 2. Maturity Date; Forgiveness. The City loan shall mature on the thirtieth (30th) anniversary of the date of recordation of the Deed of Trust (as hereinafter defined) (the "Maturity Date"). All outstanding principal and Equity Share Amount interest will be forgiven on the Maturity Date, absent any then pending default by Makers. Final amount, if any, due by Maker(s) will be determined by calculation completed by staff at the time of written request of the Maker(s) other than situations covered by Acceleration discussed below. 3. Acceleration. All principal, contingent deferred appreciation interest, and any other sums due hereunder and under the Agreement shall become due and be immediately payable to the City by the Makers upon the occurrence of any one of the following events (unless prohibited by applicable law): (a) The conveyance, transfer or sale or lease of the Property or any portion thereof or interest therein; -1- 11231-0001\2121379v3.doe ATTACHMENT - 3 (b) The refinancing of any lien or encumbrance to which the deed of trust securing this Note is subordinate without the express written consent of the City; (c) The prepayment of sums secured by any lien or encumbrance to which the City's lien securing this Promissory Note is subordinate; or (d) The failure by Makers to occupy the Property as their principal residence; (e) The occurrence of any default by Makers under the Agreement. 4. Security for Note. This Promissory Note shall be secured by a Deed of Trust and Assignment of Rents encumbering the Property executed by Maker(s), as trustor, in favor of the City, as the beneficiary. Prepayment. Maker may prepay this Note to the City upon ninety (90) days' prior written notice to the City, provided that any prepayment must be in full and not in part and must be accompanied by the Contingent Deferred Interest Amount (which shall be based on an appraisal of the Property as described above) and the appraisal costs. Upon receipt of Maker's Notice of Prepayment, the City shall appoint a certified independent appraiser to conduct the appraisal necessary to calculate the Contingent Deferred Interest Amount and shall notify Maker in writing of the Contingent Deferred Interest Amount and appraisal costs prior to the end of said 90 day period. If the Maker fails to timely prepay the Note Amount, all appraisal costs shall become due and payable, and Maker's failure to reimburse the City for such costs within five (5) days after written notice shall constitute a default hereunder. 6. City May Assignn. The City may, at its option, assign its rights under this Promissory Note without the consent of Maker(s) provided the Note is assigned to a non-profit organization or another governmental agency. 7. Attorneys' Fees and Costs. If any action is instituted to enforce payment under this Promissory Note, the non - prevailing party shall be responsible for and shall pay to the prevailing party all court costs and all attorneys' fees incurred by the prevailing party in enforcing this Promissory Note. -2- 1123 1 -000 1\2121379v3.doe 8. Non -Waiver. Failure or delay in giving any notice required hereunder, and acceptance of any sums paid hereunder, shall not constitute a waiver of any default or late payment, nor shall it change the time for any default or payment. 9. Waiver. Maker(s) hereby waive presentment, protest and demand, notice of protest, demand and of dishonor and non-payment of this Promissory Note. CITY: City of Rancho Cucamonga, a public body By: Name: Title: Date: , 2017 MAKER(S): Printed Name: Date: , 2017 Printed Name: Date: -3- _2010790.doc RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Attn: Executive Director (Space Above This Line For Recorder's Use) REQUEST FOR NOTICE Under Section 2924b of the California Civil Code In accordance with Section 2924b of the California Civil Code, request is hereby made that a copy of any Notice of Default and a copy of any Notice of Sale under the Deed of Trust recorded concurrently herewith and describing land therein as: APN: 0202-391-05 Legal Description: Lot 8 of Tract No. 8583 as per map recorded in Book 116 Pages 57-58 Inclusive, of Maps in the Office of the County Recorder of said County. Executed by , as Trustor, in which the City of Rancho Cucamonga is named as the Beneficiary, and is named as Trustee, be mailed to the following addresses: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Attn: Executive Director CITY OF RANCHO CUCAMONGA, a public body By: Name: Title: ATTACHMENT - 4 1123 1-000 1 \2121678v2. doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On before me, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity(ies) upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public -2- 1123 2- 1123 1-000 1 \2121678v2. doc DATE: April 4, 2018 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Ivan Rojer, Fire Chief Mike McCliman, Deputy Fire Chief Pamela J. Nibert, Management Analyst I I I SUBJECT: CONSIDERATION TO APPROVE AMENDMENT NO. 02 TO HMC ARCHITECTS CONTRACT NO. FD 17-003 IN THE AMOUNT OF $20,000 FOR ADDITIONAL ARCHITECTURAL DESIGN SERVICES FOR THE CONCEPTUAL PLANS FOR THE REDESIGN OF THE SHERIFF SUBSTATION AT VICTORIA GARDENS. RECOMMENDATION: Staff recommends the City Council approve Amendment No. 02 to HMC Architects Contract No. FD 17- 003 in the amount of $20,000 for additional Architectural Design Services for the conceptual plans for the redesign of the Sheriff Substation at Victoria Gardens. BACKGROUND: The Victoria Gardens Sherriff sub -station was placed into service in October of 2004. Originally designed with Victoria Gardens, the sub -station footprint was based upon the needs of the center at that time and the anticipated staffing requirements. The sub -station has been utilized continuously for the last 10 years and today is a key component in the law enforcement infrastructure for Rancho Cucamonga. ANALYSIS: Over the past thirteen years, Victoria Gardens has grown and expanded along with all of the commercial businesses along the Foothill corridor. Originally intended just to staff Victoria Gardens, the current sub- station now serves the entire commercial corridor. Sheriff staffing needs have grown accordingly and now include more than 14 sworn deputies and additional support personnel. Future projections as Victoria Gardens continues to grow will see an increase in those staffing levels. As such, the design of the current sub -station will not meet the future needs of the projected staffing levels and actual use. City staff is currently working with Victoria Gardens on additional parking for the site and the discussion and planning includes the expansion of the of the sub -station. In the interest of specifically identifying a future facility, including size and location, it has become necessary to retain the services of an architect. Already under contract for the west end public safety facility, HMC has the ability to quickly and efficiently generate a conceptual plan that can be used for planning purposes. Utilizing the existing HMC Architects contract for the Public Safety Facility is the most fiscally responsible method to complete these conceptual plans. FISCAL IMPACT: Funding is available in the FY 17/18 Budget in General Overhead/Contract Services Account No. 1001001-5300. COUNCIL GOAL(S) ADDRESSED: PUBLIC SAFETY The City Council/Fire Board have always committed to providing a high level of Police protection to the residents, businesses and visitors of Rancho Cucamonga. This is achieved through forward thinking and supporting strong staffing levels for the Sheriff's Department. The conceptual plans for the redesign fall in- line with that philosophy by preparing for future needs. ATTACHMENTS: Description Attachment 1 -Amendment No. 02 Attachment 2 - H M C Proposal ATTACHMENT 1 AMENDMENT NO. 02 to Professional Services Agreement (CO #FD17-003) between HMC Architects (hereinafter "Consultant") and City of Rancho Cucamonga (hereinafter "City") and the Rancho Cucamonga Fire Protection District (hereinafter the "RCFPD") This Amendment No. 02 will serve to amend the Professional Services Agreement (hereinafter "Agreement"), CO# FD 17-003 to incorporate the following: Increase CO #FD17-003 for additional Architectural Design Services to the original Agreement for the Fire District San Bernardino Road Fire Station (172) Replacement Project (now the Public Safety Facility, including the Station relocation), in accordance with Consultant's Proposal for Conceptual Plans for the Remodel of the Existing Sheriff Substation at Victoria Gardens, dated March 9, 2018, attached hereto. All other Terms and Conditions of the original Agreement CO# FD 17-003, will remain in frill effect. IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Amendment by way of signature by both parties and on the date indicated below. Please return two (2) original signed copies to the City and District no later than March 21, 2018. The City and RCFPD will process both copies for signature and provide Consultant with one (1) fully executed copy of the Amendment. HMC Archi ec By: 3 14�Ifb Name Date Sen'io r Vice Prai datt- Title Title (two signatures required if corporation) City of Rancho Cucamonga By: Name Date Title Rancho Cucamonga Fire Protection District By: Name Title Date Last Revised.- 09/28/2012 Page I of 1 ATTACHMENT 2 HMCGroup Amendment No. Date: March 9, 2018 Project Name: City of Rancho Cucamonga Plan Requirements for Remodel to the Existing Sheriff Substation at Victoria Gardens HMC #2369003-100 AMENDMENT NO. 2 TO OWNER/ARCHITECT AGREEMENT That certain Owner/Architect Agreement (Agreement) dated April 5, 2017, by and between City of Rancho Cucamonga, a Municipal Corporation ("City") the Rancho Cucamonga Fire Protection District ("RCFPD") and HMC GROUP (Architect), with respect to providing Architectural Services is hereby amended, modified, and revised as follows: Scope of Work: HMC Group will help the City develop plan requirements for a remodel to the existing Sheriff's substation at Victoria Gardens. HMC Group will work with the City Manager and the San Bernardino County Sheriff's to develop an approved: • Program • Site plan on the proposed site • Floor plan • Preliminary massing and elevations These documents will be used by the City to discuss needs for what Victoria Gardens will provide for the city. These plans need to show preliminary locations for utilities where they will need to enter the building. Compensation: HMC Group will provide the services outlined in the Scope of Work on an hourly basis not -to -exceed Twenty Thousand Dollars ($20,000), without prior written approval per Attachment "A" HMC's Rate Schedule. Fee Summary: Original Contract $ 622,600 Reimbursable Expenses $ 3,500 Amendment No. 1 (Task 1) $ 99,500 Amendment No. 1 (Task 2) $ 648,062 Amendment No. 2 $ 20,900 Total Revised Fee $ 1,393,662 Reimbursable Expenses: Reimbursable expenses are in addition to compensation for Basic and Owner approved Additional Services, including printing, plotting (including 3D plotting), delivery, electronic submittal and other expenses related to Agency review, Bidding, Construction or other Owner requested costs. Expense of transportation (including mileage) in connection with the Project; Expenses in connection with authorized out-of-town travel, including travel time; and fees paid for securing approval of authorities having jurisdiction over the Project. The Architect's compensation shall be computed based on (1.10) times the amounts invoiced to the Architect. 3546 Concours Street / Ontario, CA 91764 / T 909 989 9979 / F 909 483 1403 / www.hmcarchitects.com Please review this Amendment and if it meets with your approval, please sign and return one (1) original to my attention. If you have any questions please contact me at 909-989-9979 ext. 2309. HMC GROUP 3546 Concours Street Ontario, CA 91764 a Chris Taylor, AIA DBIA, LEED AP (Date) Principal cc: S. Jimenez, File -CN -AOA Amend No. 2 New Sheriff Station -1 80228.doc-2 City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Mike McCliman (Date) Deputy Fire Chief of Admin and Support 3546 Concours Street / Ontario. CA 91764 / T 909 989 9979 / F 909 483 1403 / www.hmcarchitects.com DATE: April 4, 2018 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer Gianfranco Laurie, Senior Civil Engineer SUBJECT: CONSIDERATION TO ADOPT A RESOLUTION ALLOCATING THE ROAD MAINTENANCE AND REHABILITATION FUNDS FOR FISCAL YEAR 2018/19. RECOMMENDATION: Staff recommends that the City Council adopt the attached resolution allocating the Road Maintenance and Rehabilitation Account (RMRA) funds for Fiscal Year 2018/19 to the projects listed in the Analysis Section below. BACKGROUND: On April 28, 2017, the Governor signed Senate Bill SB1, the Road Repair and Accountability Act of 2017 creating the Road Maintenance and Rehabilitation Program in order to address deferred maintenance on the State highway and local street and road systems. Funds made available by the program are required to be utilized for basic road maintenance and road rehabilitation projects. Prior to receiving an apportionment of funds under the program in a fiscal year, the City must submit a list of the projects proposed to the California Transportation Commission (CTC) and the funding must be adopted by City Council resolution. ANALYSIS: Last year the guidelines and regulations for obtaining funds from the program were amended by the CTC requiring local agencies to adopt their project list by resolution; submission of a project list adopted through city budget is no longer acceptable. The CTC has announced the deadline of May 1, 2018 for local agencies to submit their adopted project list by resolution for the upcoming fiscal year. On that basis, staff recommends the following projects which are planned for consideration in the Fiscal Year 2018/19 Capital Improvement Program (Cl P) for funding from the Road Maintenance and Rehabilitation Account (Fund 179): 1. Haven Avenue from Church Street to Base Line Road Pavement Rehabilitation (J L 1130) 2. Hermosa Avenue from Banyan Street to 300 feet N/O Wilson Avenue Pavement Rehabilitation (JL 1815) 3. Highland Avenue from Archibald Avenue to Haven Avenue Pavement Rehabilitation (JL 1960) 4. Local Street Pavement Rehabilitation at Various Locations (J L 1022) • Alder Street from Lion Street to Candlewood Street • Cabrini Court from North End to Delaware Street • Calaveras Avenue from Arrow Route to 9th Street • Concannon Street from Callaway Place to Barsac Place • Creekbridge Street from Northgate Place to Brookside Road • Deer Canyon Drive from Broken Arrow Road to Cobblestone Lane • Fisher Drive from East Avenue to Mulberry Street • Furman Court from West End to Chapman Place • Galveston Place from Baltimore Drive to South End • Highland Avenue from Sapphire Street to Sard Street • Inspiration Drive from Crestview Place to Skyline Road • Kalmia Street from North Victoria Windrows Loop to Santolina Place • Kinlock Avenue from Church Street to Hemlock Street • La Ronda Street from Avenida Leon to Lion Street • Lomita Drive from Ramona Avenue to Teak Way • Manzanita Drive from Hellman Avenue to Hillside Cove • Matterhorn Court from North End to Chelsea Way • Mt. Baldwin Court from West End to Hillview Loop • Ridge Canyon Road from Valinda Avenue to Morning Star Drive • Rockrose Avenue from Highland Avenue to Morning Glory Drive • San Bernardino Road from Sauterne Drive to Spinel Avenue • Silverberry Street from Carob Street to North Victoria Windrows Loop • Spinel Avenue from North End to Estacia Street FISCAL IMPACT: Funding for the anticipated revenue from RMRA is anticipated to be budgeted in the Cl P for Fiscal Year 2018/19. COUNCIL GOAL(S) ADDRESSED: None. ATTACHMENTS: Description ATTACHMENT 1 - RESOLUTION RESOLUTION NO. 18 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, STATE OF CALIFORNIA, ADOPTING THE PROJECTS FOR THE ROAD MAINTENANCE AND REHABILITATION PROGRAM FOR FISCAL YEAR 2018/19 FOR THE EXPENDITURE OF ROAD MAINTENANCE AND REHABILITATION ACCOUNT (RMRA) FUNDS WHEREAS, The Road Maintenance and Rehabilitation Program was created to address deferred maintenance on the state highway and local street and road systems.; and WHEREAS, the funds made available by the program shall be for basic road maintenance and road rehabilitation projects, and on critical safety projects; and WHEREAS, prior to receiving an apportionment of funds under the program in a fiscal year the City shall submit a list of the projects proposed to the California Transportation Commission adopted by resolution; and WHEREAS, the following projects which are planned for consideration in the Fiscal Year 2018/19 Capital Improvement Program for funding from the Road Maintenance and Rehabilitation Account (Fund 179): 1) Haven Avenue from Church Street to Base Line Road Pavement Rehabilitation (JL 1130) 2) Hermosa Avenue from Banyan Street to 300 feet N/O Wilson Avenue Pavement Rehabilitation (JL 1815) 3) Highland Avenue from Archibald Avenue to Haven Avenue Pavement Rehabilitation (JL 1960) 4) Local Street Pavement Rehabilitation at Various Locations (JL 1022) • Alder Street from Lion Street to Candlewood Street • Cabrini Court from North End to Delaware Street • Calaveras Avenue from Arrow Route to 9th Street • Concannon Street from Callaway Place to Barsac Place • Creekbridge Street from Northgate Place to Brookside Road • Deer Canyon Drive from Broken Arrow Road to Cobblestone Lane • Fisher Drive from East Avenue to Mulberry Street • Furman Court from West End to Chapman Place • Galveston Place from Baltimore Drive to South End • Highland Avenue from Sapphire Street to Sard Street • Inspiration Drive from Crestview Place to Skyline Road • Kalmia Street from North Victoria Windrows Loop to Santolina Place • Kinlock Avenue from Church Street to Hemlock Street Resolution No. 18 -XXX — Page 1 of 2 ATTACHMENT 1 • La Ronda Street from Avenida Leon to Lion Street • Lomita Drive from Ramona Avenue to Teak Way • Manzanita Drive from Hellman Avenue to Hillside Cove • Matterhorn Court from North End to Chelsea Way • Mt. Baldwin Court from West End to Hillview Loop • Ridge Canyon Road from Valinda Avenue to Morning Star Drive • Rockrose Avenue from Highland Avenue to Morning Glory Drive • San Bernardino Road from Sauterne Drive to Spinel Avenue • Silverberry Street from Carob Street to North Victoria Windrows Loop • Spinel Avenue from North End to Estacia Street NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rancho Cucamonga, State of California allocates the funding from the City's Road Maintenance and Rehabilitation Account for Fiscal Year 2018/19 to the projects listed above in the Capital Improvement Program. PASSED, APPROVED, AND ADOPTED this 4th day of April 2018. Resolution No. 18 -XXX — Page 2 of 2 ATTACHMENT 1 DATE: April 4, 2018 TO: Mayor and Members of the City Council FROM: Planned Communities Citizens' Oversight Committee INITIATED BY: Lori Sassoon, Deputy City Manager/Administrative Services SUBJECT: SUMMARY OF REVIEW OF RESULTS OF ANNUAL INDEPENDENT AUDIT CONCERNING FY 2016/17 EXPENDITURES IN LMDS 2 (VICTORIA), 4 (TERRAVISTA), 6 (CARYN),AND 7 (NORTH ETIWANDA). RECOMMENDATION: It is recommended that the City Council receive and file this report. BACKGROUND: When property owners approved new rates in LMD 2 in June 2013, as part of that action a Citizens' Oversight Committee were established by the City Council. The purpose of this Committee was to meet annually to review the annual audit after it is prepared, and confirm that the revenues received from the assessments were spent appropriately. The Committee has neither budgetary or operational decision- making authority, nor the authority to allocate financial resources or direct staff. As established in Resolution 13-079, the Committee is made up of at least five members of the public who must be least eighteen years of age and own property within any LMD under the oversight of the Committee. Over the years, the Committee's scope of oversight has been expanded beyond LMD 2 to include LMD 4-R (Terra Vista) and LMD 6-R (Caryn Communities), and LMD 7 (North Etiwanda). ANALYSIS: At our meeting of March 6, 2018, Finance Director Tamara Layne and a representative from the accounting firm of Lance, Soll & Lunghard LLP provided an overview of the audit for these LMDs for FY 2016/17. The reports generated by the audit include: • Audit Communication Letter • Independent Auditors' Report on Statement of Revenues, Expenditures, and Changes in Fund Balance • Independent Auditors' Report on Internal Control Over Financial Reporting It was noted that in accordance with the law, each of these LMDs accounts for its own revenue and expenditures in its own funds. The auditor reviewed their work and a discussion was held regarding the audit process, and how the City ensures that funds collected for LIVID maintenance and operations are spent to the benefit of each LIVID. The auditors and City Finance staff confirmed that the revenues received have been expended appropriately on maintenance, operations, and capital improvements in each of these districts. The Committee will be meeting again in the near future to tour some of the LIVID sites and further discuss revenues and expenditures with staff. We appreciate the opportunity to serve our community on this Committee. If you have any questions regarding our annual meeting, members of the Committee will be present at the City Council meeting to present this report and discuss those questions with you. FISCAL IMPACT: N/A COUNCIL GOAL(S) ADDRESSED: N/A ATTACHMENTS: Description Attachment 1 —Audit Communication Letter Attachment 2 — Statement of Revenues, Expenditures and Changes in Fund Balances for the Districts for the year ended June 30, 2017 Attachment 3 — Independent Auditors' Report on Internal Control Over Financial Reporting and on Compliance and Other Matters LS000L• CPAs AND ADVISORS January 29, 2018 To the Planned Communities Citizens' Oversight Committee City of Rancho Cucamonga, California We have audited the revenues, expenditures and changes in fund balances of the Landscape Maintenance Districts #2 Victoria, #4R Terra Vista, #6R Caryn Community, and #7 North Etiwanda (collectively, the Districts) of the City of Rancho Cucamonga for the year ended June 30, 2017. Professional standards require that we provide you with information about our responsibilities under generally accepted auditing standards, Government Auditing Standards and the Uniform Guidance, as well as certain information related to the planned scope and timing of our audit. We have communicated such information in our letter to the City Council of Rancho Cucamonga dated May 24, 2017. Professional standards also require that we communicate to you the following information related to our audit. Significant Audit Findings Qualitative Aspects of Accounting Practices Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by the Districts are described in the notes to the financial statements. No new accounting policies were adopted that impacted the statement of revenues, expenditures and changes in fund balances of the Districts, and the application of existing policies was not changed during Fiscal Year 2016/17. We noted no transactions entered into by the Districts during the fiscal year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper period. The financial statement disclosures are neutral, consistent, and clear. Difficulties Encountered in Performing the Audit We encountered no significant difficulties in dealing with management in performing and completing our audit. Corrected and Uncorrected Misstatements Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are trivial, and communicate them to the appropriate level of management. No misstatements were found. Disagreements with Management For purposes of this letter, a disagreement with management is a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditor's report. We are pleased to report that no such disagreements arose during the course of our audit. PrimeGlobal LSUo00••• To the Planned Communities Citizens' Oversight Committee City of Rancho Cucamonga, California Management Representations We have requested certain representations from management that are included in the management representation letter dated January 29, 2018. Management Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a "second opinion" on certain situations. If a consultation involves application of an accounting principle to the Districts' statement of revenues, expenditures and changes in fund balances or a determination of the type of auditor's opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants. Other Audit Findings or Issues We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the Districts' auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention. Other Matters We applied certain limited procedures to the audit. These procedures include, but are not limited to, the following: Proposed Segmentation of the Engagement We utilize a governmental audit program which we will tailor to the Districts' operations. The tailoring is necessary to accommodate specific client circumstances and to recognize differences in organizational structure. Our audit programs are organized by financial statement category. This approach takes full advantage of our accumulated experience. The primary benefit is that the risk of omitting important procedures is substantially reduced. We believe that this approach tends to be the most effective and efficient for an entity such as the Districts. The audit procedures are listed in the most logical sequence which improves efficiency. The savings in effort and time gained by using our audit program can free an auditor's attention for unusual or difficult situations that may arise. The audit programs are designed to increase audit efficiency by linking financial statement assertions, audit objectives, and procedures that are basic to most governmental audit engagements. Sample Size and Extent of Statistical Sampling Our approach may be to utilize statistical sampling in the areas of receipts, disbursements, utility billing and payroll. Here we develop a statistical conclusion based upon an initial computer selected random sample which is based on the population and other risk factors identified. If errors are noted in the sample, the sample size will be expanded. We believe that a random selection can be efficient, while providing each item in the population an equal chance of being selected. Additionally, we may select a stratified sample of all transactions over a specified dollar limit for review. This allows us to cover all high dollar value transactions not otherwise selected in the random sample. Our samples are selected randomly utilizing IDEA data analysis software. LSUo00••• To the Planned Communities Citizens' Oversight Committee City of Rancho Cucamonga, California Extent of EDP Software Our traditional approach is to "audit around" the computer, which means that we verify output by agreeing it, through our audit tests, with corresponding source input transactions. We do not choose to use audit software that runs through the Districts' computer system, such as a test deck. Like other aspects of the internal control structure, computer controls are documented in our memoranda and questionnaires. We will consider whether specialized skills are needed to consider the effect of computer processing on the audit, to understand the internal control structure policies and procedures or to design and perform audit procedures. The decision to use a computer specialist in audit planning is a matter of our professional judgment. We will consider the complexity of the computer system and assess whether we can identify the types of misstatements that might occur. LSL's IT Specialist will be involved in the planning and performance of the audit and also in assessing the IT controls of the Districts. Analytical Procedures We use analytical procedures as an overall review of the financial information in the preliminary and final stages of the audit. These procedures are designed to assist us in planning our audit and in assessing the propriety of the conclusions reached and in the evaluation of the overall financial statement presentation. The procedures to be utilized consist of determining expectations for percentage increases and decreases between significant revenue, expenditure and balance sheet accounts, reading the financial statements and related notes, and we focus on overall relationships within the financial statements. Once determined, these are reviewed to determine if the changes appear reasonable or require further analysis. For all significant differences, explanations are obtained as to why the situation occurred and additional substantive procedures may be applied and related evidence gathered to resolve concerns and questions. Approach to Understanding Districts' Internal Control Structure To gain an understanding of the Districts' internal control structure, we will perform procedures as required by the new Auditing Standards, primarily SAS 104-111. This will include documenting the major transaction classes, purpose of funds, the structure of the Districts and to quantify materiality. We will review and make recommendations on the internal control structure, which consists of Control Environment, Accounting System and Control Procedures. We will review internal controls in the area of cash; investments; revenues and receivables; expenditures and accounts payable; payroll; inventories; property and equipment, debt and debt service; insurance and claims. Based on the result of our review, we will issue a formal internal control report (SAS 115 Letter) that will identify any significant deficiencies and or material weaknesses which we identify. This report is required by the Government Auditing Standards issued by the Comptroller General of the United States. In addition, we will also issue a separate communication letter directly to the City Council. This letter would communicate any significant deficiencies or material weaknesses we identify in the internal control system and other matters that we feel should be communicated to the governing board. All internal control issues will initially also be discussed with management of the Districts. LSUo00••• To the Planned Communities Citizens' Oversight Committee City of Rancho Cucamonga, California Approach to Determining Laws and Regulations Subject to Audit The Laws and Regulations that will be subject to audit test work are determined from the applicable laws, regulations, contracts, and grant agreements which we identify through the understanding we obtain of the Districts and our extensive experience with governmental entities. Approach to be Taken in Drawing Audit Samples For the purpose of tests of controls and tests of compliances with laws and regulations, we use audit sampling. Tests of controls are procedures directed towards determining the effectiveness of the design or operation of an internal structure policy or procedures. Normally, audit sampling is used for tests of controls that involve inspection of documents and reports indicating performance of the policy or procedures and, in many cases, re -performance of the application of the policy or procedures. These sampling procedures test the operating effectiveness of an internal control structure policy or procedures by determining how the policy or procedure was applied, the consistency with which it was applied during the audit period, and by whom it was applied. To achieve this goal, we draw samples in the area of disbursements, receipts, utility billing and payroll. Each document selected will be tested for various attributes that are designed to verify compliance with different aspects of internal controls. Additionally, each sample item will be tested for coding to the proper accounts and posting to the general ledger. New Accounting Standards The following new Governmental Accounting Standards Board (GASB) pronouncements were effective for Fiscal Year 2016/2017 audit: GASB Statement No. 73, Accounting and Financial Reporting for Pensions and Related Assets That Are Not within the Scope of GASB Statement No. 68, and Amendments to Certain Provisions of GASB Statement Nos. 67 and 68. GASB Statement No. 74, Financial Reporting for Post -Employment Benefit Plans Other Than Pension Plans. GASB Statement No. 77, Tax Abatement Disclosures. GASB Statement No. 78, Pensions Provided through Certain Multiple -Employer Defined Benefit Pension Plans. GASB Statement No. 80, Blending Requirements for Certain Component Units -an Amendment of GASB Statement No. 14. GASB Statement No. 82, Pension Issues an Amendment of GASB Statements No. 67, No. 68, and No. 73. The following Governmental Accounting Standards Board (GASB) pronouncements are effective in the following Fiscal Year audit and should be reviewed for proper implementation by management: Fiscal Year 2017/2018 GASB Statement No. 75, Accounting and Financial Reporting for Post -Employment Benefits Other Than Pensions. GASB Statement No. 81, Irrevocable Split Interest Agreements. LS Uo:::00 To the Planned Communities Citizens' Oversight Committee City of Rancho Cucamonga, California GASB Statement No. 85, Omnibus 2017. GASB Statement No. 86, Certain Debt Extinguishment Issues. Fiscal Year 2018/2019 GASB Statement No. 83, Certain Assets Retirement Obligations. Fiscal Year 2019/2020 GASB Statement No. 84, Fiduciary Activities. Restriction on Use This information is intended solely for the use of the Landscape Maintenance Districts Citizens' Oversight Committee and management of the Districts and is not intended to be, and should not be, used by anyone other than these specified parties. Very truly yours, so-,44a,C�Zo Brea, California LANDSCAPE MAINTENANCE DISTRICTS #2 VICTORIA, #4R TERRA VISTA, #6R CARYN COMMUNITY, AND #7 NORTH ETIWANDA CITY OF RANCHO CUCAMONGA, CALIFORNIA STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES YEAR ENDED JUNE 30, 2017 LANDSCAPE MAINTENANCE DISTRICTS #2 VICTORIA, #4R TERRA VISTA, #6R CARYN COMMUNITY, AND #7 NORTH ETIWANDA CITY OF RANCHO CUCAMONGA, CALIFORNIA YEAR ENDED JUNE 30, 2017 TABLE OF CONTENTS Page Number INDEPENDENT AUDITORS' REPORT STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES................................................................ NOTES TO STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES....................................................................................................................4 LS000L• CPAs AND ADVISORS INDEPENDENT AUDITORS' REPORT To the Planned Communities Citizen's Oversight Committee City of Rancho Cucamonga, California Report on the Statement of Revenues, Expenditures and Changes in Fund Balances We have audited the accompanying statement of revenues, expenditures and changes in fund balances of Landscape Maintenance Districts #2 Victoria, #4R Terra Vista, #6 Caryn Community and #7 North Etiwanda of the City of Rancho Cucamonga (collectively, the Districts), for the year ended June 30, 2017, and the related notes to the statement of revenues, expenditures and changes in fund balances, as listed in the table of contents. Management's Responsibility for the Statement of Revenues, Expenditures and Changes in Fund Balances Management is responsible for the preparation and fair presentation of the statement of revenues, expenditures and changes in fund balances in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of the statement of revenues, expenditures and changes in fund balances that are free from material misstatement, whether due to fraud or error. Auditors' Responsibility Our responsibility is to express opinions on the statement of revenues, expenditures and changes in fund balances based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and the State Controller's Minimum Audit Requirements for California Special District. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the statement of revenues, expenditures and changes in fund balances are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the statement of revenues, expenditures and changes in fund balances. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the statement of revenues, expenditures and changes in fund balances, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the statement of revenues, expenditures and changes in fund balances in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the statement of revenues, expenditures and changes in fund balances. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. PrimeGlobal LSU9::: To the Planned Communities Citizen's Oversight Committee City of Rancho Cucamonga, California Opinions In our opinion, the statement of revenues, expenditures and changes in fund balances referred to above present fairly, in all material respects, the respective financial position of the revenues, expenditures and changes in fund balances of Landscape Maintenance Districts #2 Victoria, #4R Terra Vista, #6 Caryn Community and #7 North Etiwanda of the City of Rancho Cucamonga for the year then ended June 30, 2017, in accordance with accounting principles generally accepted in the United States of America. Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated January 29, 2018 on our consideration of the District's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the District's internal control over financial reporting and compliance. Brea, California January 29, 2018 2 LANDSCAPE MAINTENANCE DISTRICTS #2 VICTORIA, #4R TERRA VISTA, #6R CARYN COMMUNITY, AND #7 NORTH ETIWANDA CITY OF RANCHO CUCAMONGA STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES YEAR ENDED JUNE 30, 2017 Revenues: Taxes Charges for services Use of money and property Contributions from City Total Revenues Expenditures: Current: Community development: Personnel services Operating costs: Operations and maintenance Contract services Tree maintenance Utilities Assessment administration General overhead allocation Interfund allocation Capital outlay Total Expenditures Excess (Deficiency) of Revenues Over (Under) Expenditures 785,601 886,159 Landscape 182,262 Landscape Landscape Maintenance Landscape Maintenance Maintenance District #6R Maintenance District #2 District #4R Caryn District #7 Victoria Terra Vista Community North Etiwanda $ 3,312,506 $ 2,884,665 $ 483,758 $ 942,746 2,862 1,085 - 2,804 3,911 10,389 525 28,665 276,640 - 31,880 50,000 3,595,919 2,896,139 516,163 1,024,215 785,601 886,159 17,848 182,262 57,763 170,104 5,941 19,685 1,143,559 485,364 194,020 303,953 130,560 71,365 27,000 7,090 721,137 312,472 128,906 242,629 34,870 22,990 7,020 15,430 269,020 213,750 32,490 82,860 70,000 - - - 160,120 263,628 - - 3,372,630 2,425,832 413,225 853,909 223,289 470,307 102,938 170,306 Fund Balance, Beginning of Year 3,304,845 4,427,352 317,045 964,968 Fund Balance, End of Year $ 3,528,134 $ 4,897,659 $ 419,983 $ 1,135,274 See Notes to Financial Statements 3 LANDSCAPE MAINTENANCE DISTRICTS #2 VICTORIA, #4R TERRA VISTA, #6R CARYN COMMUNITY, AND #7 NORTH ETIWANDA CITY OF RANCHO CUCAMONGA, CALIFORNIA NOTES TO STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES FOR THE YEAR ENDED JUNE 30, 2017 Note 1: Description of the Reporting Entity The City of Rancho Cucamonga was incorporated on November 30, 1977, under the laws of the State of California and enjoys all the rights and privileges applicable to a General Law City. It is governed by an elected five -member board. The City of Rancho Cucamonga, California, has formed certain maintenance districts and authorized the levy of assessments pursuant to the terms and provisions of the "Landscaping and Lighting Act of 1972," being Division 15, Part 2 of the Streets and Highways Code of the State of California (commencing with Section 22500). The City levies annual assessments to finance the costs and expenses necessary for maintenance and improvements in each assessment district. The City cannot levy and collect annual assessments within an assessment district without complying with the procedures specified in the Landscaping and Lighting Act of 1972. On an annual basis, an Engineer's Report must be prepared for each assessment district which contains a full and detailed description of the improvements and the proposed assessments upon assessable lots and parcels of land within the district. The City Council must also adopt a resolution of intention which: • Declares the intention of the City Council to levy and collect assessments within the assessment district for the fiscal year stated therein. • Generally describes the existing and proposed improvements and any substantial changes proposed to be made in existing improvements. • Refers to the assessment district by its distinctive designation and indicates the general location of the district. • Refers to the Engineer's Report for a full and detailed description of the improvements, the boundaries of the assessment district and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the district. • Gives notice of the time and place for public hearing by the City Council on the levy of the proposed assessment. • States whether the assessment is proposed to increase from the previous year. The improvements for the maintenance districts include, but are not limited to turf, ground cover, planter beds, shrubs, plants and trees, landscape lighting, irrigation systems, electrical energy for irrigation controllers, hardscapes, entry signs, sound walls, and all associated appurtenant facilities. A description of the specific improvements to be maintained and serviced within each assessment district is set forth in the Annual Engineer's Report. Maintenance may include the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including repair, removal, or replacement of all or any part of any improvement; providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; the removal of trimmings, rubbish, debris, and other solid waste; the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. Service may include the furnishing of electric current or energy, gas, or other illuminating agent for the lighting or operation of any improvements; and water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. 4 LANDSCAPE MAINTENANCE DISTRICTS #2 VICTORIA, #4R TERRA VISTA, #6R CARYN COMMUNITY, AND #7 NORTH ETIWANDA CITY OF RANCHO CUCAMONGA, CALIFORNIA NOTES TO STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES (CONTINUED) FOR THE YEAR ENDED JUNE 30, 2017 Note 1: Description of the Reporting Entity (Continued) The accompanying statement of revenues, expenditures and changes in fund balances contains information relative only to the Landscape Maintenance Districts #2 Victoria, #4R Terra Vista, #6R Caryn Community, and #7 North Etiwanda of the City of Rancho Cucamonga, which are an integral part of the City of Rancho Cucamonga. Victoria Neighborhood Parks and Landscape Maintenance District (LMD 2) was formed in 1982 and consists of 5,890 single family homes, 592 condominiums, 589 multi -family units, 42.33 acres of commercial/industrial, 70.27 acres of public service parcels, and 36.99 acres of vacant land, six parks, and trails. On June 5, 2013, a Proposition 218 ballot proceeding was held and residents approved a rate increase. The assessment rates are as follows: Landscape Maintenance District No. 4R (LMD 4R) was formed in 1984 and consists of 2,652 single family homes, 1,227 condominiums, 3,809 multi -family, 35.41 acres of schools, 177.60 acres of commercial/industrial, and 75.68 acres of vacant land. On December 2, 2009, a Proposition 218 ballot proceeding was held and residents approved a rate increase. The assessment rates are as follows: Fiscal Year Fiscal Year Percentage 2016/17 2017/18 Change Single family home $ 476.19 $ 489.17 2.73% Condominium unit 350.65 360.21 2.73% Multi -family unit 333.33 342.42 2.73% Commercial/industrial parcel per acre 2,251.08 2,312.44 2.73% Public service parcel per acre 129.87 133.41 2.73% Undeveloped parcel per acre 95.24 97.83 2.73% Landscape Maintenance District No. 4R (LMD 4R) was formed in 1984 and consists of 2,652 single family homes, 1,227 condominiums, 3,809 multi -family, 35.41 acres of schools, 177.60 acres of commercial/industrial, and 75.68 acres of vacant land. On December 2, 2009, a Proposition 218 ballot proceeding was held and residents approved a rate increase. The assessment rates are as follows: Landscape Maintenance District No. 6111 (LMD 6R) was formed in 1986 and consists of 963 single family homes in Zone 1, 310 single family homes in Zone 2, 5.35 acres of schools, and 0.54 acres of vacant land. On September 1, 2010, a Proposition 218 ballot proceeding was held and residents approved a rate increase. The assessment rates are as follows: Fiscal Year Fiscal Year Percentage 2016/17 2017/18 Change Single family home $ 418.05 $ 397.15 -5.00% Condominium unit 334.44 317.72 -5.00% Multi -family unit 292.64 278.01 -5.00% Commercial/industrial parcel per acre 1,358.66 1,290.74 -5.00% Undeveloped parcel per acre 104.51 99.29 -5.00% School parcel per acre 104.51 99.29 -5.00% Landscape Maintenance District No. 6111 (LMD 6R) was formed in 1986 and consists of 963 single family homes in Zone 1, 310 single family homes in Zone 2, 5.35 acres of schools, and 0.54 acres of vacant land. On September 1, 2010, a Proposition 218 ballot proceeding was held and residents approved a rate increase. The assessment rates are as follows: 5 Fiscal Year Fiscal Year Percentage 2016/17 2017/18 Change Single family home - Zone 1 $ 402.65 $ 413.57 2.71% Single family home - Zone 2 301.99 310.18 2.71% School parcel per acre 100.66 103.39 2.71% Undeveloped parcel per acre 100.66 103.39 2.71% 5 LANDSCAPE MAINTENANCE DISTRICTS #2 VICTORIA, #4R TERRA VISTA, #6R CARYN COMMUNITY, AND #7 NORTH ETIWANDA CITY OF RANCHO CUCAMONGA, CALIFORNIA NOTES TO STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES (CONTINUED) FOR THE YEAR ENDED JUNE 30, 2017 Note 1: Description of the Reporting Entity (Continued) Landscape Maintenance District No. 7 (LMD 7) was formed in 1989 and currently consists of 3,073 single family homes. The assessment rates are as follows: Single family home Fiscal Year Fiscal Year 2016/17 2017/18 307.05 307.05 Percentage Change 0.00% Note 2: Measurement Focus, Basis of Accounting and Financial Statement Presentation The statement of revenues, expenditures and fund balances is reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the government considers revenues to be available if they are collected within 60 days of the end of the current fiscal period. Expenditures are generally recorded when a liability is incurred, as under accrual accounting. However, debt service expenditures, as well as expenditures related to compensated absences and claims and judgments, are recorded only when payment is due. Assessment Revenue Assessment revenue is recognized on the modified accrual basis, that is, in the fiscal year for which the assessments have been levied providing they become available. Available means then due, or past due and receivable within the current period and collected within the current period or expected to be collected soon enough thereafter to be used to pay liabilities of the current period. The County of San Bernardino collects the assessments for the Landscape Maintenance Districts. Assessment liens attach annually as of 12:01 A.M. on the first day in January proceeding the fiscal year for which the assessments are levied. Assessments are levied on real property as it exists on that date. The assessment levy covers the fiscal period July 1 to June 30. One-half of the assessment is due November 1; the second half of the assessment is due February 1. All assessments are delinquent if unpaid on December 10 and April 10, respectively. Fund Type All of the funds included in this report are accounted for in the City's financial records as special revenue funds. Special revenue funds account for and report the proceeds of specific revenue sources that are restricted or committed to expenditures for specified purposes. Special revenue funds are designed to help determine and demonstrate resources that must be used for a specified purpose are, in fact, used for that purpose. 0 LSU's�:: CPAs AND ADVISORS INDEPENDENT AUDITORS' REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS To the Planned Communities Citizens' Oversight Committee City of Rancho Cucamonga, California We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the statement of revenues, expenditures and changes in fund balances of Landscape Maintenance Districts #2 Victoria, #4R Terra Vista, #6R Caryn Community, and #7 North Etiwanda of the City of Rancho Cucamonga, California, (collectively, the Districts) for the year ended June 30, 2017, and the related notes to the statement of revenues, expenditures and changes in fund balances, and have issued our report thereon dated January 29, 2018. Internal Control over Financial Reporting In planning and performing our audit of the statement of revenues, expenditures and changes in fund balances, we considered the Districts' internal control over financial reporting (internal control) to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the statement of revenues, expenditures and changes in fund balances, but not for the purpose of expressing an opinion on the effectiveness of the Districts' internal control. Accordingly, we do not express an opinion on the effectiveness of the Districts' internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity's statement of revenues, expenditures and changes in fund balances will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or, significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. Compliance and Other Matters As part of obtaining reasonable assurance about whether the Districts' statement of revenues, expenditures and changes in fund balances are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of statement of revenues, expenditures and changes in fund balances amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. PrimeGlobal LSU9::: To the Planned Communities Citizens' Oversight Committee City of Rancho Cucamonga, California Purpose of this Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the Districts' internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the Districts' internal control and compliance. Accordingly, this communication is not suitable for any other purpose. Brea, California January 29, 2018 DATE: April 4, 2018 TO: Mayor and Members of the City Council FROM: West -side Districts Citizens' Oversight Committee INITIATED BY: Lori Sassoon, Deputy City Manager/Administrative Services SUBJECT: SUMMARY OF REVIEW OF RESULTS OF ANNUAL INDEPENDENT AUDIT CONCERNING FY 2016/17 EXPENDITURES IN LANDSCAPE MAINTENANCE DISTRICT #1, STREET LIGHTING DISTRICT #2, AND PARKAND RECREATION IMPROVEMENT DISTRICT #85. RECOMMENDATION: It is recommended that the City Council receive and file this report. BACKGROUND: Established by Resolution 15-207, the West -side Districts Citizens' Oversight Committee is made up of members of the public that reside, and own property, within Landscape Maintenance District #1, Street Light District #2 Residential, and Park and Recreation Improvement District #85 (collectively "the Districts"), and do not serve on any other standing City Commission or Committee. A primary purpose of the Committee is to review the annual audit after it is prepared and report the results of its review to the City Council and the community on an annual basis. The Committee has neither budgetary or operational decision-making authority, nor the authority to allocate financial resources or direct staff. ANALYSIS: At our meeting of March 13, 2018, Finance Director Tamara Layne and a representative from the accounting firm of Lance, Soll & Lunghard LLP provided an overview of the audit for the Districts for FY 2016/17. The reports generated by the audit include: • Audit Communication Letter • Independent Auditors' Report on Statement of Revenues, Expenditures, and Changes in Fund Balance • Independent Auditors' Report on Internal Control Over Financial Reporting It was noted that in accordance with the law, each of the Districts accounts for its own revenue and expenditures in its own funds. The auditor reviewed their work and a discussion was held regarding the audit process, and how the City ensures that funds collected for maintenance and operations are spent to the benefit of each District. The auditors and City Finance staff confirmed that the revenues received have been expended appropriately on maintenance, operations, and capital improvements in each of the Districts. We appreciate the opportunity to serve our community on this Committee. If you have any questions regarding our annual meeting, members of the Committee will be present at the City Council meeting to present this report and discuss those questions with you. FISCAL IMPACT: N/A COUNCIL GOAL(S) ADDRESSED: N/A ATTACHMENTS: Description Attachment 1 —Audit Communication Letter Attachment 2 — Statement of Revenues, Expenditures and Changes in Fund Balances for the Districts for the year ended June 30, 2017 Attachment 3 — Independent Auditors' Report on Internal Control Over Financial Reporting and on Compliance and Other Matters LS000L• CPAs AND ADVISORS January 29, 2018 To the West -Side Districts Citizens' Oversight Committee City of Rancho Cucamonga, California We have audited the revenues, expenditures and changes in fund balances of the Landscape Maintenance District #1 General City, Street Lighting District #2 Residential, and Park and Recreation Improvement District #85 (collectively, the Districts) of the City of Rancho Cucamonga for the year ended June 30, 2017. Professional standards require that we provide you with information about our responsibilities under generally accepted auditing standards, Government Auditing Standards and the Uniform Guidance, as well as certain information related to the planned scope and timing of our audit. We have communicated such information in our letter to the City Council of Rancho Cucamonga dated May 24, 2017. Professional standards also require that we communicate to you the following information related to our audit. Significant Audit Findings Qualitative Aspects of Accounting Practices Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by the Districts are described in the notes to the financial statements. No new accounting policies were adopted that impacted the statement of revenues, expenditures and changes in fund balances of the Districts, and the application of existing policies was not changed during Fiscal Year 2016/17. We noted no transactions entered into by the Districts during the fiscal year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper period. The financial statement disclosures are neutral, consistent, and clear. Difficulties Encountered in Performing the Audit We encountered no significant difficulties in dealing with management in performing and completing our audit. Corrected and Uncorrected Misstatements Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are trivial, and communicate them to the appropriate level of management. No misstatements were found. PrimeGlobal LSUo00••• To the West -Side Districts Citizens' Oversight Committee City of Rancho Cucamonga, California Disagreements with Management For purposes of this letter, a disagreement with management is a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditor's report. We are pleased to report that no such disagreements arose during the course of our audit. Management Representations We have requested certain representations from management that are included in the management representation letter dated January 29, 2018. Management Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a "second opinion" on certain situations. If a consultation involves application of an accounting principle to the Districts' statement of revenues, expenditures and changes in fund balances or a determination of the type of auditor's opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants. Other Audit Findings or Issues We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the Districts' auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention. Other Matters We applied certain limited procedures to the audit. These procedures include, but are not limited to, the following: Proposed Segmentation of the Engagement We utilize a governmental audit program which we will tailor to the Districts' operations. The tailoring is necessary to accommodate specific client circumstances and to recognize differences in organizational structure. Our audit programs are organized by financial statement category. This approach takes full advantage of our accumulated experience. The primary benefit is that the risk of omitting important procedures is substantially reduced. We believe that this approach tends to be the most effective and efficient for an entity such as the Districts. The audit procedures are listed in the most logical sequence which improves efficiency. The savings in effort and time gained by using our audit program can free an auditor's attention for unusual or difficult situations that may arise. The audit programs are designed to increase audit efficiency by linking financial statement assertions, audit objectives, and procedures that are basic to most governmental audit engagements. LSUo00••• To the West -Side Districts Citizens' Oversight Committee City of Rancho Cucamonga, California Sample Size and Extent of Statistical Sampling Our approach may be to utilize statistical sampling in the areas of receipts, disbursements, utility billing and payroll. Here we develop a statistical conclusion based upon an initial computer selected random sample which is based on the population and other risk factors identified. If errors are noted in the sample, the sample size will be expanded. We believe that a random selection can be efficient, while providing each item in the population an equal chance of being selected. Additionally, we may select a stratified sample of all transactions over a specified dollar limit for review. This allows us to cover all high dollar value transactions not otherwise selected in the random sample. Our samples are selected randomly utilizing IDEA data analysis software. Extent of EDP Software Our traditional approach is to "audit around" the computer, which means that we verify output by agreeing it, through our audit tests, with corresponding source input transactions. We do not choose to use audit software that runs through the Districts' computer system, such as a test deck. Like other aspects of the internal control structure, computer controls are documented in our memoranda and questionnaires. We will consider whether specialized skills are needed to consider the effect of computer processing on the audit, to understand the internal control structure policies and procedures or to design and perform audit procedures. The decision to use a computer specialist in audit planning is a matter of our professional judgment. We will consider the complexity of the computer system and assess whether we can identify the types of misstatements that might occur. LSL's IT Specialist will be involved in the planning and performance of the audit and also in assessing the IT controls of the Districts. Analytical Procedures We use analytical procedures as an overall review of the financial information in the preliminary and final stages of the audit. These procedures are designed to assist us in planning our audit and in assessing the propriety of the conclusions reached and in the evaluation of the overall financial statement presentation. The procedures to be utilized consist of determining expectations for percentage increases and decreases between significant revenue, expenditure and balance sheet accounts, reading the financial statements and related notes, and we focus on overall relationships within the financial statements. Once determined, these are reviewed to determine if the changes appear reasonable or require further analysis. For all significant differences, explanations are obtained as to why the situation occurred and additional substantive procedures may be applied and related evidence gathered to resolve concerns and questions. Approach to Understanding Districts' Internal Control Structure To gain an understanding of the Districts' internal control structure, we will perform procedures as required by the new Auditing Standards, primarily SAS 104-111. This will include documenting the major transaction classes, purpose of funds, the structure of the Districts and to quantify materiality. We will review and make recommendations on the internal control structure, which consists of Control Environment, Accounting System and Control Procedures. We will review internal controls in the area of cash; investments; revenues and receivables; expenditures and accounts payable; payroll; inventories; property and equipment, debt and debt service; insurance and claims. Based on the result of our review, we will issue a formal internal control report (SAS 115 Letter) that will identify any significant deficiencies and or material weaknesses which we identify. This report is required by the Government Auditing Standards issued by the LS Uo:::00 To the West -Side Districts Citizens' Oversight Committee City of Rancho Cucamonga, California Comptroller General of the United States. In addition, we will also issue a separate communication letter directly to the City Council. This letter would communicate any significant deficiencies or material weaknesses we identify in the internal control system and other matters that we feel should be communicated to the governing board. All internal control issues will initially also be discussed with management of the Districts. Approach to Determining Laws and Regulations Subject to Audit The Laws and Regulations that will be subject to audit test work are determined from the applicable laws, regulations, contracts, and grant agreements which we identify through the understanding we obtain of the Districts and our extensive experience with governmental entities. Approach to be Taken in Drawing Audit Samples For the purpose of tests of controls and tests of compliances with laws and regulations, we use audit sampling. Tests of controls are procedures directed towards determining the effectiveness of the design or operation of an internal structure policy or procedures. Normally, audit sampling is used for tests of controls that involve inspection of documents and reports indicating performance of the policy or procedures and, in many cases, re -performance of the application of the policy or procedures. These sampling procedures test the operating effectiveness of an internal control structure policy or procedures by determining how the policy or procedure was applied, the consistency with which it was applied during the audit period, and by whom it was applied. To achieve this goal, we draw samples in the area of disbursements, receipts, utility billing and payroll. Each document selected will be tested for various attributes that are designed to verify compliance with different aspects of internal controls. Additionally, each sample item will be tested for coding to the proper accounts and posting to the general ledger. New Accounting Standards The following new Governmental Accounting Standards Board (GASB) pronouncements were effective for Fiscal Year 2016/2017 audit: GASB Statement No. 73, Accounting and Financial Reporting for Pensions and Related Assets That Are Not within the Scope of GASB Statement No. 68, and Amendments to Certain Provisions of GASB Statement Nos. 67 and 68. GASB Statement No. 74, Financial Reporting for Postemployment Benefit Plans Other Than Pension Plans. GASB Statement No. 77, Tax Abatement Disclosures. GASB Statement No. 78, Pensions Provided through Certain Multiple -Employer Defined Benefit Pension Plans. GASB Statement No. 80, Blending Requirements for Certain Component Units -an Amendment of GASB Statement No. 14. GASB Statement No. 82, Pension Issues an Amendment of GASB Statements No. 67, No. 68, and No. 73. LS Uo::: To the West -Side Districts Citizens' Oversight Committee City of Rancho Cucamonga, California The following Governmental Accounting Standards Board (GASB) pronouncements are effective in the following Fiscal Year audit and should be reviewed for proper implementation by management: Fiscal year 2017/2018 GASB Statement No. 75, Accounting and Financial Reporting for Post -Employment Benefits Other Than Pensions. GASB Statement No. 81, Irrevocable Split Interest Agreements. GASB Statement No. 85, Omnibus 2017. GASB Statement No. 86, Certain Debt Extinguishment Issues. Fiscal Year 2018/2019 GASB Statement No. 83, Certain Assets Retirement Obligations. Fiscal Year 2019/2020 GASB Statement No. 84, Fiduciary Activities. Restriction on Use This information is intended solely for the use of the Planned Communities Citizens' Oversight Committee and management of the Districts and is not intended to be, and should not be, used by anyone other than these specified parties. Very truly yours, Coo Brea, California LANDSCAPE MAINTENANCE DISTRICT #1 GENERAL CITY, STREET LIGHTING DISTRICT #2 RESIDENTIAL, AND PARK AND RECREATION IMPROVEMENT DISTRICT #85 CITY OF RANCHO CUCAMONGA, CALIFORNIA STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES YEAR ENDED JUNE 30, 2017 LANDSCAPE MAINTENANCE DISTRICT #1 GENERAL CITY, STREET LIGHTING DISTRICT #2 RESIDENTIAL, AND PARK AND RECREATION IMPROVEMENT DISTRICT #85 CITY OF RANCHO CUCAMONGA, CALIFORNIA YEAR ENDED JUNE 30, 2017 TABLE OF CONTENTS INDEPENDENT AUDITORS' REPORT Page Number STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES.................................................................................................................... 3 NOTES TO STATEMENT OF REVENUES, EXPENDITURES AND CHANGES INFUND BALANCES....................................................................................................................4 LS000L• CPAs AND ADVISORS INDEPENDENT AUDITORS' REPORT To the West -Side Districts Citizens' Oversight Committee City of Rancho Cucamonga, California Report on the Statement of Revenues, Expenditures and Changes in Fund Balances We have audited the accompanying statement of revenues, expenditures and changes in fund balances of Landscape Maintenance District #1 General City, Street Lighting District #2 Residential and Park and Recreation Improvement District #85 of the City of Rancho Cucamonga (collectively, the Districts), for the year ended June 30, 2017, and the related notes to the statement of revenues, expenditures and changes in fund balances, as listed in the table of contents. Management's Responsibility for the Statement of Revenues, Expenditures and Changes in Fund Balances Management is responsible for the preparation and fair presentation of the statement of revenues, expenditures and changes in fund balances in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of the statement of revenues, expenditures and changes in fund balances that are free from material misstatement, whether due to fraud or error. Auditors' Responsibility Our responsibility is to express opinions on the statement of revenues, expenditures and changes in fund balances based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and the State Controller's Minimum Audit Requirements for California Special District. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the statement of revenues, expenditures and changes in fund balances are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the statement of revenues, expenditures and changes in fund balances. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the statement of revenues, expenditures and changes in fund balances, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the statement of revenues, expenditures and changes in fund balances in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the statement of revenues, expenditures and changes in fund balances. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. PrimeGlobal LSL•':: CFP�A�FlAD­��C,1S To the West -Side Districts Citizens' Oversight Committee City of Rancho Cucamonga, California Opinions In our opinion, the statement of revenues, expenditures and changes in fund balances referred to above present fairly, in all material respects, the respective financial position of the revenues, expenditures and changes in fund balances of Landscape Maintenance District #1 General City, Street Lighting District #2 Residential and Park and Recreation Improvement District #85 of the City of Rancho Cucamonga for the year then ended June 30, 2017, in accordance with accounting principles generally accepted in the United States of America. Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated January 29, 2018 on our consideration of the District's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the District's internal control over financial reporting and compliance. Brea, California January 29, 2018 2 LANDSCAPE MAINTENANCE DISTRICT #1 GENERAL CITY, STREET LIGHTING DISTRICT #2 RESIDENTIAL, AND PARK AND RECREATION IMPROVEMENT DISTRICT #85 CITY OF RANCHO CUCAMONGA STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE YEAR ENDED JUNE 30, 2017 Revenues: Taxes Charges for services Use of money and property Contributions from City Developer participation Miscellaneous Total Revenues Expenditures: Current: Community development: Personnel services Operating costs: Operations and maintenance Contract services Tree maintenance Utilities Assessment administration General overhead allocation Capital outlay Total Expenditures Excess (Deficiency) of Revenues Over (Under) Expenditures Fund Balance, Beginning of Year Fund Balance, End of Year See Notes to Financial Statements 3 Landscape Park and Maintenance Street Lighting Recreation District #1 District #2 Improvement General City Residential District #85 $ 1,244,301 $ 372,613 $ 1,162,430 10,413 - 15,096 28,088 (2,314) 118,827 121,360 350,170 230,580 - 440 - 545 - 331 1,404,707 720,909 1,527,264 27,495 - 350,886 39,225 498,057 49,888 367,124 65,870 43,421 667 642,300 37,400 3,390 1,091,080 683,757 115,300 164,845 18,200 252,934 153,430 64,370 173,276 1,293,241 313,627 37,152 234,023 948,728 198,643 1,211,151 $ 1,262,355 $ 235,795 $ 1,445,174 LANDSCAPE MAINTENANCE DISTRICT #1 GENERAL CITY, STREET LIGHTING DISTRICT #2 RESIDENTIAL, AND PARK AND RECREATION IMPROVEMENT DISTRICT #85 CITY OF RANCHO CUCAMONGA, CALIFORNIA NOTES TO STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES FOR THE YEAR ENDED JUNE 30, 2017 Note 1: Description of the Reporting Entity The City of Rancho Cucamonga was incorporated on November 30, 1977, under the laws of the State of California and enjoys all the rights and privileges applicable to a General Law City. It is governed by an elected five -member board. The City of Rancho Cucamonga, California, has formed certain maintenance districts and authorized the levy of assessments pursuant to the terms and provisions of the "Landscaping and Lighting Act of 1972," being Division 15, Part 2 of the Streets and Highways Code of the State of California (commencing with Section 22500). The City levies annual assessments to finance the costs and expenses necessary for maintenance and improvements in each District. The City cannot levy and collect annual assessments within an assessment district without complying with the procedures specified in the Landscaping and Lighting Act of 1972. On an annual basis, an Engineer's Report must be prepared for each assessment district which contains a full and detailed description of the improvements and the proposed assessments upon assessable lots and parcels of land within the District. The City Council must also adopt a resolution of intention which: • Declares the intention of the City Council to levy and collect assessments within the assessment district for the fiscal year stated therein. • Generally describes the existing and proposed improvements and any substantial changes proposed to be made in existing improvements. • Refers to the assessment district by its distinctive designation and indicates the general location of the district. • Refers to the Engineer's Report for a full and detailed description of the improvements, the boundaries of the assessment district and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the district. • Gives notice of the time and place for public hearing by the City Council on the levy of the proposed assessment. • States whether the assessment is proposed to increase from the previous year. The accompanying statement of revenues, expenditures and changes in fund balances contains information relative only to the Landscape Maintenance District #1 General City, Street Lighting District #2 Residential, and Park and Recreation Improvement District #85 of the City of Rancho Cucamonga, which are an integral part of the City of Rancho Cucamonga. Landscape Maintenance District No. 1 (LMD 1) was formed in 1979 and consists of 8,329 single family homes, 10,222 multi -family units, and 8.83 acres of vacant land, seven parks, and trails. Landscape improvements provided in LMD 1 may include, but are not limited to: turf, ground cover, shrubs and trees, sprinkler and irrigation systems, ornamental lighting, drainage systems, masonry walls, entryway monuments, and associated appurtenances. These improvements include all necessary services; operations; administration; and maintenance required to keep the abovementioned improvements in healthy, vigorous, and satisfactory working condition. 4 LANDSCAPE MAINTENANCE DISTRICT #1 GENERAL CITY, STREET LIGHTING DISTRICT #2 RESIDENTIAL, AND PARK AND RECREATION IMPROVEMENT DISTRICT #85 CITY OF RANCHO CUCAMONGA, CALIFORNIA NOTES TO STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES (CONTINUED) FOR THE YEAR ENDED JUNE 30, 2017 Note 1: Description of the Reporting Entity (Continued) The assessment rates are as follows: Street Lighting Maintenance District No. 2 (SLD 2) was formed in August 1983 and consists of 7,248 single family homes, 1,989 multi -family units, and 35.16 acres of non-residential land. The SLD 2 assessments pay for energy and maintenance for streetlights within the public right-of-way and dedicated easements within the boundaries of SLD 2. The assessment rates are as follows: Fiscal Year Fiscal Year Percentage Single family home 2016/17 2017/18 Change Single family home $ 92.21 $ 92.21 0.00% Condominium unit 46.11 46.11 0.00% Multi -family unit 46.11 46.11 0.00% Commercial/industrial parcel per acre 184.42 184.42 0.00% Street Lighting Maintenance District No. 2 (SLD 2) was formed in August 1983 and consists of 7,248 single family homes, 1,989 multi -family units, and 35.16 acres of non-residential land. The SLD 2 assessments pay for energy and maintenance for streetlights within the public right-of-way and dedicated easements within the boundaries of SLD 2. The assessment rates are as follows: Park and Recreation Improvement District No. 85 (Red Hill and Heritage Park District) (PD 85) was formed in April 1985. PD 85 is a combination Improvement and Maintenance District. This special tax was issued to pay for bonds that were sold in 1985 and refinanced in 1993. The bonds that were sold for the construction of the parks have been paid off as of 2005. However, all parcels in PD 85 will continue to be assessed for the on-going maintenance of both parks. The boundary of PD 85 is citywide except properties within the planned communities. The assessment rates are as follows: Fiscal Year Fiscal Year Percentage Single family home 2016/17 2017/18 Change Single family home $ 39.97 $ 39.97 0.00% Multi -family unit 39.97 39.97 0.00% Commercial/industrial parcel per acre 79.94 79.94 0.00% Park and Recreation Improvement District No. 85 (Red Hill and Heritage Park District) (PD 85) was formed in April 1985. PD 85 is a combination Improvement and Maintenance District. This special tax was issued to pay for bonds that were sold in 1985 and refinanced in 1993. The bonds that were sold for the construction of the parks have been paid off as of 2005. However, all parcels in PD 85 will continue to be assessed for the on-going maintenance of both parks. The boundary of PD 85 is citywide except properties within the planned communities. The assessment rates are as follows: 5 Fiscal Year 2017/18 $ 31.00 31.00 31.00 15.50/Lot 46.50/Lot 108.50/Lot 217.00/Lot 434.00/Lot 775.00/Lot Percentage Change 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% Fiscal Year 2016/17 Single family home $ 31.00 Condominium unit 31.00 Multi -family unit 31.00 Commercial/industrial parcel <1.50 acres 15.50/Lot 1.51 - 3.50 acres 46.50/Lot 3.51 - 7.00 acres 108.50/Lot 7.01 - 14.00 acres 217.00/Lot 14.01 - 25.00 acres 434.00/Lot >25.01 acres 775.00/Lot 5 Fiscal Year 2017/18 $ 31.00 31.00 31.00 15.50/Lot 46.50/Lot 108.50/Lot 217.00/Lot 434.00/Lot 775.00/Lot Percentage Change 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% LANDSCAPE MAINTENANCE DISTRICT #1 GENERAL CITY, STREET LIGHTING DISTRICT #2 RESIDENTIAL, AND PARK AND RECREATION IMPROVEMENT DISTRICT #85 CITY OF RANCHO CUCAMONGA, CALIFORNIA NOTES TO STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES (CONTINUED) FOR THE YEAR ENDED JUNE 30, 2017 Note 2: Measurement Focus, Basis of Accounting and Financial Statement Presentation The statement of revenues, expenditures and fund balances is reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the government considers revenues to be available if they are collected within 60 days of the end of the current fiscal period. Expenditures are generally recorded when a liability is incurred, as under accrual accounting. However, debt service expenditures, as well as expenditures related to compensated absences and claims and judgments, are recorded only when payment is due. Assessment Revenue Assessment revenue is recognized on the modified accrual basis, that is, in the fiscal yearfor which the assessments have been levied providing they become available. Available means then due, or past due and receivable within the current period and collected within the current period or expected to be collected soon enough thereafter to be used to pay liabilities of the current period. The County of San Bernardino collects the assessments for the Landscape Maintenance Districts. Assessment liens attach annually as of 12:01 A.M. on the first day in January proceeding the fiscal year for which the assessments are levied. Assessments are levied on real property as it exists on that date. The assessment levy covers the fiscal period July 1 to June 30. One-half of the assessment is due November 1; the second half of the assessment is due February 1. All assessments are delinquent if unpaid on December 10 and April 10, respectively. Fund Type The Landscape Maintenance District #1 General City and Street Lighting District #2 funds included in this report are accounted for in the City's financial records as special revenue funds. Special revenue funds account for and report the proceeds of specific revenue sources that are restricted or committed to expenditures for specified purposes. Special revenue funds are designed to help determine and demonstrate resources that must be used for a specified purpose are, in fact, used for that purpose. The Park and Recreation Improvement District #85 fund included in this report is accounted for in the City's financial records as an agency fund. Agency funds are used to account for assets held by the City as trustee of agent for individuals, private organizations, or other governmental unites, and/or other funds. 0 LS000L• CPAs AND ADVISORS INDEPENDENT AUDITORS' REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS To the West -Side Districts Citizens' Oversight Committee City of Rancho Cucamonga, California We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the statement of revenues, expenditures and changes in fund balances of Landscape Maintenance District #1 General City, Street Lighting District #2 Residential, and Park and Recreation Improvement District #85 of the City of Rancho Cucamonga, California, (collectively, the Districts) for the year ended June 30, 2017, and the related notes to the statement of revenues, expenditures and changes in fund balances, and have issued our report thereon dated January 29, 2018. Internal Control over Financial Reporting In planning and performing our audit of the statement of revenues, expenditures and changes in fund balances, we considered the Districts' internal control over financial reporting (internal control) to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the statement of revenues, expenditures and changes in fund balances, but not for the purpose of expressing an opinion on the effectiveness of the Districts' internal control. Accordingly, we do not express an opinion on the effectiveness of the Districts' internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity's statement of revenues, expenditures and changes in fund balances will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or, significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. PrimeGlobal LSL•':: CFP�A�FlAD­��C,1S To the West -Side Districts Citizens' Oversight Committee City of Rancho Cucamonga, California Compliance and Other Matters As part of obtaining reasonable assurance about whether the Districts' statement of revenues, expenditures and changes in fund balances are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of statement of revenues, expenditures and changes in fund balances amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. Purpose of this Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the District's internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the Districts' internal control and compliance. Accordingly, this communication is not suitable for any other purpose. /02:2f Brea, California January 29, 2018 41 jil-4 A TOTAL OF 75 BARRIERS ARE INTERLOCKED FROM DAY CREEK BLVD TO THE TERMINUS OF THE STREET. THE BARRIERS ARE 2W IN LENGTH r " AND T WIDE. BEGIN THE INSTALLATION OF THE BARRIERS AT THE NORTH END, ADJACENT TO THE ENTRANCE OF THE NORTH ETIWANDA PRESERVE. I -qw Day Creek "';I Boulevard Y North Etiwanda Preserve Etiwanda Avenue K=Rail Project panda Avenue K=Ka-li N • 11 lwa 11 M CITY OF RANCHO CUCAMONGA Tow Franchise Progam Company Fees Armada On Time Certified On Time Pepe's On Time Statewide On Time Steve's On Time WN Tows Complaints 683 (2) Equipment/Vehicle 658 (1) Time 650 (2) Time/Equipment C:�'�► 0[072- Traffic Enforcement Equipment Motorcycle Traffic Enforcement Benefits • Target Enforcement • Tight, Confined Spaces • Quickness and Response Times • Dignitary Escorts • Visibility Traffic Enforcement Equipment Motorcycle Traffic Enforcement Conrerns • Inherently Dangerous • Visibility • Only specially trained personnel • Unused 75% + inclement weather • Training —Certification Instructor/Student, Quarterly • Cost Traffic Enforcement Equipment Motorcycle Traffic Enforcement Cost —Specialty Equipment $305.77 annually $1304.80 1 summer; 1 winter pair $779.40 2 pair $732.78 replaced as needed $743.60 replaced every 2 years $50.00 $310.59 annually $4,226.94 Traffic Enforcement Equipment Cost- Training * 2016 Motorcycle Traffic Enforcement POST certified law enforcement officer motorcycle training course CMI training Total Time Training* each motor deputy ($15,002 x 5 = $75,010) Traffic Enforcement Equipment Cost- Vehicles —=IVehicle (5) Motor (5) Motorcycle Traffic Enforcement =EWMI Safety Equip $66,725 $30,000 $0 $35,044 $90,000 $21,134.70 Training Persoriffli.. $0 $821,206.60 $75,0101 $850,171.00 Diff Year 1 $31,681 ($60,000) ($21,134.70) ($75,010) ($28,964.40) • • $31,681 ($60,000) $0 $0 ($28,964.40) NWIF $917,931.60 $1,071,359.70 $153,428.10 $57,283.40 _ Parking Lot, Century.; nities PSn ix Crest .•, Vorrh ffr,w),?dzi Preserve WW Ihi ee Arms rung W •�::r• wr. air a� :{ .i '.L.VV i eSans Termite ,. IL7 hI1VA Enginelit ers 1T '!!�� b �r�F � �t�� � 4�a ek•Bly ' I - y re Gw ,i�.4„- � •' rp�d'�Overrend�Pr � •:,. �-� ; .aY ire �. ' 3. � 5+ . i Arc & spa Weld ng + f \ j �llrpx:*—: ZVI 3 :� .••rival "'*'"_ id9�rexta � •',, 4•'.MiF� C.�. �..i �.__ � � RD"aysek `�$6_..r x{ y i d an9eo r _ X r r 7 .�.Y��� ..J.._ T,IntermedlaterScho'ol � "� s p' . �f � � Jr- q''L. rrk {y. fsy r !'$^� 5•� 1 .r _ .. verb it ..,. •l r y. �jp ryk opryaCieg'M r _ •=;.+' # Nomei'EKpressi A �' lackstone e mel Kno .'' B &11G1'CQn�Eesslons !. d Fram�The Roots ' , 1 j!gn I �'- ;• as :�` _p%ww 'Ye,`�1r>ti �ileon q !lsnnk iisan Ay �'- + ►S `'.ti - � �� --�-: n� r - i l s o -�-�-- CITY OF RANCHO CUCAMONGA