3 0
0 5
potential extensions. The term of this contract ensures continuity of service and a long-term legal support without requiring annual contract renegotiation.
Approval of this agreement will allow the City to continue receiving elite legal services and ensure the City has conflict-free legal representation when necessary.
FISCAL IMPACT:
There should not be any fiscal impact, as the cost of services has already been budgeted for the Fiscal Year 2025/26 in various accounts for civil litigation and criminal prosecution.
Additionally, as authorized by the California Government Code and the Rancho Cucamonga Municipal Code, Dapeer, Rosenblit, & Litvak, LLP strongly pursues cost recovery for services required to bring a property into compliance.
COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:
This item addresses the City Councils Core Values of promoting and enhancing a safe and healthy community for all while providing the city with legal services to combat blight in our neighborhoods.
ATTACHMENTS:
Attachment 1 – Professional Service Agreement and Scope of Services
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AGREEMENT FOR
PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into this 16th day of September, 2025, by and between the City of Rancho Cucamonga, a municipal corporation (“City”) and Dapeer, Rosenblit & Litvak, a California Limited Liability Partnership (“Consultant”).
RECITALS
A. City seeks to engage Consultant to provide the following professional services: all advice, legal representation, prosecutions and assistance, as assigned to Consultant, concerning code enforcement, nuisance abatement, receiverships, criminal and civil code enforcement, and related services (“the Project”).
B. Consultant has submitted a proposal to perform the professional services described in Recital “A”, above, necessary to complete the Project.
C. City desires to engage Consultant to complete the Project in the manner set forth and more fully described herein.
D. Consultant represents that it is fully qualified and licensed under the laws of the State of California to perform the services contemplated by this Agreement in a good and professional manner.
AGREEMENT
NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows:
1. Consultant’s Services.
1.1 Scope and Level of Services . Subject to the terms and conditions set forth in this Agreement, City hereby engages Consultant to perform all technical and professional services described in Recitals “A” and “B” and “C” above, as more fully set forth in the Consultant’s proposal, dated August 15, 2025 and entitled “Scope of Work”, attached hereto as Exhibit “A”, and incorporated by reference herein. The nature, scope, and level of the services required to be performed by Consultant are set forth in the Scope of Work and are referred to herein as “the Services.” In the event of any inconsistencies between the Scope of Work and this Agreement, the terms and provisions of this Agreement shall control.
1.2 Revisions to Scope of Work . Upon request of the City, the Consultant will promptly meet with City staff to discuss any revisions to the Project desired by the City. Consultant agrees that the Scope of Work may be amended based City of Rancho Cucamonga
CONTRACT NUMBER
2025-111
ATTACHMENT 1
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upon said meetings, and, by amendment to this Agreement, the parties may agree on a revision or revisions to Consultant’s compensation based thereon. A revision pursuant to this Section that does not increase the total cost payable to Consultant by more than ten percent (10%) of the total compensation specified in Section 3, may be approved in writing by City’s City Manager without amendment.
1.3 Time for Performance. Consultant shall perform all services under this Agreement in a timely, regular basis consistent with industry standards for professional skill and care, and in accordance with any schedule of performance set forth in the Scope of Work.
1.4 Standard of Care . As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing the Services.
1.5 Familiarity with Services . By executing this Agreement, Consultant represents that, to the extent required by the standard of practice, Consultant (a) has investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. Consultant represents that Consultant, to the extent required by the standard of practice, has investigated any areas of work, as applicable, and is reasonably acquainted with the conditions therein. Should Consultant discover any latent or unknown conditions, which will materially affect the performance of services, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the City Representative.
2. Term of Agreement . The term of this Agreement shall be five (5) years and shall become effective as of the date of the mutual execution by way of both parties signature (the “Effective Date”). No work shall be conducted; service or goods will not be provided until this Agreement has been executed and above requirements have been fulfilled.
Parties to this Agreement shall have the option to renew in one (1) year increments to a total of seven (7) 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 with all Terms and Conditions stated herein unless otherwise provided in writing by the City.
3. Compensation.
3.1 Compensation. City shall compensate Consultant as set forth in Exhibit A, provided, however, that full, total and complete amount payable to Consultant shall not exceed eight hundred forty thousand dollars ($840,000), including all out of
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pocket expenses, unless additional compensation is approved by the City Council. City shall not withhold any federal, state or other taxes, or other deductions. However, City shall withhold not more than ten percent (10%) of any invoice amount pending receipt of any deliverables reflected in such invoice. Under no circumstance shall Consultant be entitled to compensation for services not yet satisfactorily performed.
The parties further agree that compensation may be adjusted in accordance with Section 1.2 to reflect subsequent changes to the Scope of Services. City shall compensate Consultant for any authorized extra services as set forth in Exhibit A.
4. Method of Payment.
4.1 Invoices. Consultant shall submit to City monthly invoices for the Services performed pursuant to this Agreement. The invoices shall describe in detail the Services rendered during the period and shall separately describe any authorized extra services. Any invoice claiming compensation for extra services shall include appropriate documentation of prior authorization of such services. All invoices shall be remitted to the City of Rancho Cucamonga, California.
4.2 City shall review such invoices and notify Consultant in writing within ten (10) business days of any disputed amounts.
4.3 City shall pay all undisputed portions of the invoice within thirty (30) calendar days after receipt of the invoice up to the not-to-exceed amounts set forth in Section 3.
4.4 All records, invoices, time cards, cost control sheets and other records maintained by Consultant relating to services hereunder shall be available for review and audit by the City.
5. Representatives.
5.1 City Representative . For the purposes of this Agreement, the contract administrator and City’s representative shall be Community Improvement Supervisor Lori Price, or such other person as designated in writing by the City (“City Representative”). It shall be Consultant’s responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and Consultant shall refer any decisions that must be made by City to the City Representative.
Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the City Representative.
5.2 Consultant Representative . For the purposes of this Agreement, William Litvak and James Eckart are hereby designated as the principal and representative of Consultant authorized to act in its behalf with respect to the services specified herein and make all decisions in connection therewith (“Consultant’s Representative”). It is expressly understood that the experience, knowledge, capability and reputation of the Consultant’s Representative were a substantial inducement for City to enter into this Agreement. Therefore, the Consultant’s Representative shall be
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responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. Consultant may not change the Responsible Principal without the prior written approval of City.
6. Consultant’s Personnel.
6.1 All Services shall be performed by Consultant or under Consultant’s direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City business license as required by the City’s Municipal Code.
6.2 Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the standard of care set forth in Section 1.4.
6.3 Consultant shall be responsible for payment of all employees’ and subcontractors’ wages and benefits, and shall comply with all requirements pertaining to employer’s liability, workers’ compensation, unemployment insurance, and Social Security. By its execution of this Agreement, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Worker's Compensation or to undertake self -insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
6.4 Consultant shall indemnify, defend and hold harmless City and its elected officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of city or agency officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant’s violations of personnel practices and/or any violation of the California Labor Code. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 6.
7. Ownership of Work Product.
7.1 Ownership. All documents, ideas, concepts, electronic files, drawings, photographs and any and all other writings, including drafts thereof, prepared, created or provided by Consultant in the course of performing the Services, including any and all intellectual and proprietary rights arising from the creation of the same (collectively, “Work Product”), are considered to be “works made for hire” for the benefit of the City. Upon payment being made, and provided Consultant is not in breach of this Agreement, all Work Product shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Basic survey notes, sketches, charts, computations and similar data prepared or obtained by Consultant under this Agreement shall, upon request, be made available to City. None of the Work Product shall be the subject of any common law or statutory copyright or copyright application by
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Consultant. In the event of the return of any of the Work Product to Consultant or its representative, Consultant shall be responsible for its safe return to City. Under no circumstances shall Consultant fail to deliver any draft or final designs, plans, drawings, reports or specifications to City upon written demand by City for their delivery, notwithstanding any disputes between Consultant and City concerning payment, performance of the contract, or otherwise. This covenant shall survive the termination of this Agreement. City’s reuse of the Work Product for any purpose other than the Project, shall be at City’s sole risk.
7.2. Assignment of Intellectual Property Interests: Upon execution of this Agreement and to the extent not otherwise conveyed to City by Section 7.1, above, the Consultant shall be deemed to grant and assign to City, and shall require all of its subcontractors to assign to City, all ownership rights, and all common law and statutory copyrights, trademarks, and other intellectual and proprietary property rights relating to the Work Product and the Project itself, and Consultant shall disclaim and retain no rights whatsoever as to any of the Work Product, to the maximum extent permitted by law.
City shall be entitled to utilize the Work Product for any and all purposes, including but not limited to constructing, using, maintaining, altering, adding to, restoring, rebuilding and publicizing the Project or any aspect of the Project.
7.3 Title to Intellectual Property . Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of the Work Product and/or materials produced under this Agreement, and that City has full legal title to and the right to reproduce any of the Work Product. Consultant shall defend, indemnify and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of city officials, harmless from any loss, claim or liability in any way related to a claim that City’s use is violating federal, state or local laws, or any contractual provisions, relating to trade names, licenses, franchises, patents or other means of protecting intellectual property rights and/or interests in products or inventions.
Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, software, equipment, devices or processes used or incorporated in the Services and materials produced under this Agreement. In the event City’s use of any of the Work Product is held to constitute an infringement and any use thereof is enjoined, Consultant, at its expense, shall: (a) secure for City the right to continue using the Work Product by suspension of any injunction or by procuring a license or licenses for City; or (b) modify the Work Product so that it becomes non - infringing. This covenant shall survive the termination of this Agreement.
8. Status as Independent Contractor . Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall
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not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City. Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and to defend, indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement.
Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees.
9. Confidentiality. Consultant may have access to financial, accounting, statistical, and personnel data of individuals and City employees. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are confidential and shall not be disclosed by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Consultant’s covenant under this section shall survive the termination of this Agreement. This provision shall not apply to information in whatever form that is in the public domain, nor shall it restrict the Consultant from giving notices required by law or complying with an order to provide information or data when such an order is issued by a court, administrative agency or other legitimate authority, or if disclosure is otherwise permitted by law and reasonably necessary for the Consultant to defend itself from any legal action or claim.
10. Conflict of Interest.
10.1 Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services.
Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant “financially interested” (as provided in California Government Code §§1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained.
10.2 Consultant further represents that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Consultant has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift.
10.3 Consultant has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise,
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in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited “conflict of interest” under applicable laws as described in subsection 10.1.
11. Indemnification.
11.1 Professional Services. In connection with its professional services, the Consultant shall defend, hold harmless and indemnify City, and its elected officials, officers, employees, servants, volunteers, and agents serving as independent contractors in the role of city or agency officials, (collectively, “Indemnitees”), with respect to any and all damages, liabilities, losses, reasonable defense costs or expenses (collectively, “Claims”), including but not limited to liability for death or injury to any person and injury to any property, to the extent the same out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant or any of its officers, employees, subcontractors, consultants, or agents in the performance of its professional services under this Agreement. Consultant shall reimburse all reasonable defense costs and expenses, including actual attorney’s fees and experts’ costs incurred in connection with such defense.
11.2 Other Indemnities. In connection with all Claims not covered by Section 11.1, the Consultant shall defend, hold harmless and indemnify the Indemnitees with respect to any and all Claims including but not limited to Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to the non-professional acts, omissions, activities or operations of Consultant or any of its officers, employees, subcontractors, consultants, or agents in the performance of this Agreement. Consultant shall defend Indemnitees in any action or actions filed in connection with any such Claims with counsel of City’s choice, and shall pay all costs and expenses, including actual attorney’s fees and experts’ costs incurred in connection with such defense.
11.3 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement.
11.4 Waiver of Right of Subrogation . Except as otherwise expressly provided in this Agreement, Consultant, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Consultant.
11.5 Survival. The provisions of this Section 11 shall survive the termination of the Agreement and are in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment
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against Consultant shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision.
12. Insurance.
12.1 Liability Insurance. Consultant shall procure and maintain in full force and effect for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services hereunder by Consultant, and/or its agents, representatives, employees and subcontractors.
12.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed.
1/87) covering Automobile Liability, code 1 (any auto). (3) Worker’s Compensation insurance as required by the State of California, and Employer’s Liability Insurance.
(4) Professional Liability insurance in a form approved by the City, having an extended reporting period of not less than three (3) years; or Professional Liability insurance shall be maintained for a period of three (3) years after completion of the Services which shall, during the entire three (3) year period, provide protection against claims of professional negligence arising out of Consultant’s performance of the Services and otherwise complying with all applicable
provisions of this Section 13. Either policy shall be
endorsed to include contractual liability to the extent insurable.
12.3 Minimum Limits of Insurance. Consultant shall maintain limits no less than:
(1) Commercial General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage.
Commercial General Liability Insurance with a general
aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit.
(2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage.
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(3) Employer’s Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease and Workers’
Compensation Insurance in the amount required by law.
(4) Professional Liability: $1,000,000 per claim/aggregate.
12.4 Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City.
12.5 Other Insurance Provisions.
(1) The commercial general liability and automobile liability policies are to contain the following provisions on a
separate additionally insured endorsement naming the City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of city or agency officials, are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed
operations of Consultant; premises owned, occupied or
used by Consultant; and/or automobiles owned, leased,
hired or borrowed by Consultant. The coverage shall
contain no limitations on the scope of protection afforded to City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City or agency officials which are not also limitations applicable to the named insured.
(2) For any claims related to this Agreement, Consultant’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, designated
volunteers and agents serving as independent contractors in the role of city or agency officials. Any insurance or self - insurance maintained by City, their officers, officials, employees, designated volunteers or agents serving as
independent contractors in the role of city or agency
officials shall be excess of Consultant’s insurance and shall not contribute with it.
(3) Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought,
except with respect to the limits of the insurer’s liability. (4) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled except after 30 days prior written notice by first class mail has been given to City (ten (10) days prior written notice for
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non-payment of premium). Consultant shall provide thirty (30) days written notice to City prior to implementation of a reduction of limits or material change of insurance
coverage as specified herein.
(5) Each insurance policy, required by this clause shall expressly waive the insurer’s right of subrogation against City and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of city or agency
officials.
(6) 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 A:VII or better
according to the most recent A.M. Best Co. Rating
Guide.
(7) 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) 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) Other required insurance, endorsements, or exclusions as required by the City in any request for proposals applicable to this Agreement.
12.6 Evidence of coverage. Prior to commencing performance under this Agreement, the Consultant shall furnish the City with certificates and original endorsements, or copies of each required policy, effecting and evidencing the insurance coverage required by this Agreement. The endorsements shall be signed by a person authorized by the insurer(s) to bind coverage on its behalf. All endorsements or policies shall be received and approved by the City before Consultant commences performance.
If performance of this Agreement shall extend beyond one year, Consultant shall provide City with the required policies or endorsements evidencing renewal of the required policies of insurance prior to the expiration of any required policies of insurance.
13. Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation that City might require. City shall compensate Consultant for any litigation support services in an amount to be agreed upon by the parties.
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14. Termination. City shall have the right to terminate this Agreement at any time for any or no reason on not less than ten (10) days prior written notice to Consultant. In the event City exercises its right to terminate this Agreement, City shall pay Consultant for any services satisfactorily rendered prior to the effective date of the termination, provided Consultant is not then in breach of this Agreement. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation. City may terminate for cause following a default remaining uncured more than five (5) business days after service of a notice to cure on the breaching party.
Consultant may terminate this Agreement for cause upon giving the City ten (10) business days prior written notice for any of the following: (1) uncured breach by the City of any material term of this Agreement, including but not limited to Payment Terms; (2) material changes in the conditions under which this Agreement was entered into, coupled with the failure of the parties to reach accord on the fees and charges for any Additional Services required because of such changes.
15. Notices. Any notices, bills, invoices, or reports authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Consultant’s and City’s regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses set forth in this section, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section.
All notices shall be addressed as follows:
If to City: Lori Price, Community Improvement Supervisor Rancho Cucamonga City Hall
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
Tel: (909) 774-2712, Ext. 4259
E-Mail: [email protected]
If to Consultant: William Litvak, Managing Partner
Dapeer, Rosenblit, Litvak, LLP
11500 W. Olympic Boulevard, Suite 550
Los Angeles, California 90064
Tel: (310) 477-5575
E-Mail: [email protected]
16. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during
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employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.
17. Assignment and Subcontracting . Consultant shall not assign or transfer any interest in this Agreement or subcontract the performance of any of Consultant’s obligations hereunder without City’s prior written consent. Except as provided herein, any attempt by Consultant to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. 18 Compliance with Laws . Consultant shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Consultant performs the Services.
19. Non-Waiver of Terms, Rights and Remedies . Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default.
20. Attorney’s Fees . In the event that either party to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney’s fees and costs of experts.
21. Exhibits; Precedence . All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail.
22. Applicable Law and Venue. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California. Venue for any action relating to this Agreement shall be in the San Bernardino County Superior Court.
23. Construction. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement.
24. Entire Agreement . This Agreement consists of this document, and any other documents, attachments and/or exhibits referenced herein and attached hereto, each of which is incorporated herein by such reference, and the same represents the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior
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oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement.
IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above.
Consultant Name: Dapeer, Rosenblit, Litvak, LLP
By: 8/18/2025
William Litvak Date
City of Rancho Cucamonga
By:
Name Date
Managing Partner
Title Title
City of Rancho Cucamonga
By: 8/18/2025
Name Date
By:
Name Date
Senior Partner
Title Title
Approval Buyer II, Purchasing
Alternate, Risk Management Coordinator
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EXHIBIT A
SCOPE OF SERVICES
The Scope of Services to be provided to the City by Consultant are as follows:
a) Review existing City codes, regulations, rules, resolutions, policies, and practices, and provide recommendations and/or draft amendments, modifications, and/or updates to said codes, regulations, rules, resolutions, policies, and practices. b) Conduct meetings with City Staff to discuss pending investigations or other matters, and to provide guidance and recommendations for enforcement actions. c) When appropriate, draft correspondence to and conduct meetings with violators in an effort to obtain voluntary compliance without the need for formal legal enforcement proceedings.
d) Assist City Staff with the preparation and acquisition of warrants to inspect and/or abate real properties within the City.
e) Initiate and prosecute criminal and civil enforcement actions, including Health and Safety Receiverships.
f) Appear at any proceeding, court, agency, administrative body related to any action in which Consultant is representing the City or any affiliated or associated person or entity.
g) Assist staff in initiating administrative remedies, including administrative nuisance abatement, license revocation, CUP and special use permit revocations; Prepare City Staff for administrative hearings and, when appropriate, represent City Staff before a hearing officer or other appellate or reviewing authority (including the Permits and Licenses Committee and Administrative Hearing Officer – or any other appropriate committee, commission, and/or the City Council). h) Provide educational trainings to City Staff, as needed and as requested by the City. i) Represent the City at the City’s request in any action brought against the City. j) Perform any other services, duties or functions as requested and/or approved by the City Manager, City Attorney, and/or City Council.
k) Any ancillary related or other service required to properly complete the foregoing services.
DATE:September 3, 2025
TO:President and Members of the Board of Directors
FROM:John R. Gillison, City Manager
INITIATED BY: Mike McCliman, Fire Chief
Ruth Cain, Procurement Manager
Michelle Cowles, Management Analyst II
SUBJECT: Consideration of the Purchase of Bendix King Radios and Miscellaneous Related Equipment, in the Amount of $113,100, from 49er Communications, in Accordance with the NASPO Cooperative Purchasing Master Agreement No. 00318, CA Addenda 7-22-70-49-18. (FIRE)
RECOMMENDATION:
Staff recommends the Fire Board authorize the purchase of 42 Bendix King Radios and miscellaneous related equipment, in the amount of $113,100 from authorized distributor, 49er Communications, Inc., of Nevada City, California. This purchase will be made utilizing the NASPO Cooperative Purchasing Master Agreement No. 00318, for Public Safety Communications Products, Services & Solutions, established by the State of Washington as the lead state for California, Participation Addendum 7-22-70-49-18.
BACKGROUND:
Very high frequency (VHF) handheld and mobile radios are essential for interoperability with Cal Fire, the US Forest Service, and surrounding fire agencies during wildland fires, natural disasters, and other large-scale incidents. VHF frequencies are better suited for outdoor environments and provide long distance communications in rugged and mountainous terrain, which is crucial for large-scale incidents. These radios also serve as a critical backup to the Fire District’s 800 MHz radio system.
The Fire District’s current BK KNG Command VHF portable radios were first purchased in FY15/16, the second portion was funded in FY16/17, and the final phase of the District-wide replacement was completed in FY17/18. Over time, these radios have reached the end of their production life, with parts becoming harder to source and repair needs increasing, especially during peak fire seasons.
ANALYSIS:
Due to the age of the Fire District’s current BK KNG Command VHF portable radios, staff has determined to need to begin a phased replacement of all VHF radios. The new model BK KNG Series, BKR5000 Command (CMD), complies with Project 25 (P25) digital Federal Communications Commission (FCC) mandates and is built with the future in mind. P25 is a suite of standards for digital radio communications for use by federal, state, and local public safety organizations in North America to enable them to communicate with other agencies and mutual
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aid response teams in emergencies. The CMD assures uninterrupted interoperability across frequencies, different groups of responders, and variations in terrain.
Phase 1 will replace all overhead and strike team/wildland units with the new model of the CMD Series handled radios. This phase will also rebuild the Fire District’s VHF cache of spare radios that has been reduced over time due to the addition of the 2 nd Battalion, Medic Squad 178 and Medic Engine 178. Future Phase 2 is anticipated to replace approximately 42 VHF portable radios to complete the transition to the new model.
The Fire District identified a purchasing opportunity through a cooperative contract from NASPO awarded to 49er Communications. The Fire District provided the NASPO contract to the City’s Procurement Division. Procurement reviewed the bid documents and contract and is satisfied that the solicitation process and terms meet the Fire District and City's requirements. It has been determined that utilizing the contract is the most advantageous, ensuring competitive pricing and compliance with public purchasing requirements.
Staff recommends that the City Council / Fire Board approve the purchase of 42 Bendix King BKR5000 CMD radios and miscellaneous related equipment utilizing the NASPO Cooperative Contract 00318, CA Addenda 7-22-70-49-18, awarded to 49er Communications, in the amount of $113,100, valid from January 1, 2022, through December 31, 2026. The new radios include a two-year warranty, reducing repair costs during that period, with further savings expected in subsequent years due to newer equipment reliability. A Participating Agreement is required and will need to be completed by the Fire District.
FISCAL IMPACT:
The purchase of replacement handheld radios was approved in the FY 2025-26 budget. A total of $340,000 was allocated in the Fire Protection Capital Fund under account F288 CC501 SC7002 P0089 (Capital Outlay – Equipment and Furnishings) for replacement of both 800 MHz radios and VHF radios. The total purchase price for the Bendix King CMD VHF radios will be $113,100.
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
This purchase supports the Council’s strategic goals of maintaining operational readiness, enhancing firefighter safety, and ensuring effective emergency response. Upgrading to modern, interoperable communications equipment, supports the Council’s vision and core values by providing a sustainable City and promoting a safe and healthy community for all. This is accomplished by strengthening the Fire District’s ability to respond to incidents, collaborate with regional partners, and protect the community during emergencies.
ATTACHMENTS:
None.
DATE:September 3, 2025
TO:President and Members of the Board of Directors
FROM:John R. Gillison, City Manager
INITIATED BY: Mike McCliman, Fire Chief
Rick Snawder, Deputy Fire Chief
Darci Vogel, Fire Business Manager
SUBJECT: Consideration of Amendment No. 004 to the Professional Services Agreement with Mary McGrath Architects for Conceptual Design Services for the Fire Station 178 Project. (FIRE)
RECOMMENDATION:
Staff recommends the Fire Board approve amendment No. 004 to the Professional Services Agreement, FD 19-021, with Mary McGrath Architects for Conceptual Design Services for the Fire Station 178 Project.
BACKGROUND:
On February 17, 2016, at the direction of the Fire Board, the District purchased 3.8 acres of property located on the south side of Town Center Drive, east of Haven Avenue for a public use, namely for fire safety and protection services for building a future Fire Station 178. Much strategic analysis went into the selection of this land as the most viable location for the future fire station.
The location will help maximize existing resources to better serve the central community. This new station will be based on modern construction standards and is intended to meet the District's mission for at least 50 years.
On November 20, 2019, the Fire District and Mary McGrath Architects entered into a Professional Services Agreement (PSA), CO# FD19-021, for consulting services that included Project Initiation and Program Development. This initial phase identified goals and objectives, data collection, and the scope and scale of the project with the Design Team.
On August 5, 2020, the Fire Board approved contract Amendment No. 001 with Mary McGrath Architects for $372,875 (including a 10% contingency) for Conceptual Design Build services of the new Fire Station 178, in accordance with the price proposal submitted in RFP# 20/21¬001.
On July 7, 2021, the Fire Board approved contract Amendment No. 002 for $44,540 for design of a joint City/Fire records storage building and a solar/battery storage system for the fire station.
On October 20, 2021, the Fire Board approved contract Amendment No. 003 for $33,640 for design of the 9/11 Memorial at the Fire Station 178 site, as well as creation of the Basis of Design documents and coordination with the Design-Build contractor’s team.
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ANALYSIS:
Staff has determined the need to amend contract CO# FD 19-021 with Mary McGrath Architects in order to allow for completion and closeout of the 9/11 Memorial at Fire Station 178.
Staff recommends that the Fire Board approve Amendment No. 004 to CO# FD 19-021 with Mary McGrath Architects to extend the Term of Agreement through November 30, 2025. All other Terms and Conditions of the existing agreement will remain in full effect.
FISCAL IMPACT:
There is no proposed contract increase as part of Amendment No. 4 to CO# FD 19-021 with Mary McGrath Architects.
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
The construction of the Fire Station 178 will promote a safe and healthy community for all by enhancing the delivery of vital life safety services and ensuring efficient response times to residents, visitors, and businesses. The inclusion of the 9/11 Memorial will continue to build and preserve a family-oriented atmosphere by providing the community a space for reflection and remembrance.
ATTACHMENTS:
None.
DATE: September 3, 2025
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Michael Parmer, Engagement and Special Programs Director Trina Valdez, Utilities Operations Supervisor
Brittany Gulley, Management Analyst I
SUBJECT: Consideration of a Managed Services Agreement (CO 2025-084) in the Total Amount of $270,000 and a Software Maintenance and Support Agreement (CO 2025-085) in the Total Amount of $411,000 from the Municipal Utility Fund (Fund 705) with Advanced Utility Systems for the Rancho Cucamonga Municipal Utility Customer Information System Infinity Billing Software and Online Payment Portal Platform. (CITY) RECOMMENDATION:
Staff recommends the City Council approve and authorize the below from the Municipal Utility Fund (Fund 705):
1. A five-year Managed Services Agreement (CO 2025-084) with Advanced Utility Systems for annual managed services of the Rancho Cucamonga Municipal Utility’s (RCMU’s) Customer Information System (CIS) Infinity billing software, in the total not-to-exceed amount of $270,000 ($56,305 for Fiscal Year 2025/26).
2. A five-year Software Maintenance and Support Agreement (CO 2025-085) with Advanced Utility Systems for the RCMU CIS Infinity billing and online payment portal software, in the total not-to-exceed amount of $411,000 ($86,390 for Fiscal Year 2025/26).
BACKGROUND:
Advanced Utility Systems provides RCMU’s license for the CIS Infinity billing software which is used to manage daily operations, billing, and cash processing for RCMU. The system provides official record keeping of all customer electricity accounts including customer information, monthly meter read files, customer transactions, collection notifications, and meter inventory. In 2019, RCMU entered into a Software Maintenance and Support Agreement with Advanced Utility Systems and the contract is expiring at the end of 2025.
Additionally, Advanced Utility Systems provides managed services which includes technical off- site support for any issues that may come up including rate calculations, batch updating errors, minor formula adjustments, and bill print updates. The service also provides regular reports on system maintenance, quarterly review of upcoming build logs, implementing new enhancements, and an annual Business Process Review. In 2018, RCMU entered into the Managed Services Agreement for these services which is expiring in August 2025.
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ANALYSIS:
Advanced Utility Systems has provided consistently satisfactory billing and support services for RCMU customers. Additionally, RCMU staff has worked with Advanced Utility Systems staff on multiple Business Process Reviews to continue to improve on the customer experience and keep processes efficient.
The requested software maintenance agreement would provide RCMU staff continued technical support of the billing and online payment portal software. In addition to technical support, the maintenance agreement also provides software build updates that can include bug fixes, software enhancements, and additional security layers to keep the software current and up to date.
Staff recommends the City continue utilizing Advanced Utility Systems services to keep the RCMU CIS Infinity billing software and services current and secure. An annual cost escalator not to exceed 5% or the local CPI percentage is included in the agreements and has been accounted for in the total contract amounts. The annual escalator is used to manage the reliability of the software, explore new initiatives and customer engagement, while also continuously improving to meet cyber-security demands and technology advancements. The escalator over the last agreement averaged 5%. Copies of the original contracts and previous amendments are on file in the City Clerk Services Department.
FISCAL IMPACT:
RCMU has budgeted first-year funding from the Municipal Utility Fund (Fund 705) in the Fiscal Year 2025/26 Budget:
Agreement Contract No. Account No. Total
Managed Services CO 2025-084 F705CC304SC2106 $56,305
Software Maintenance and Support CO 2025-085 F705CC304SC2106 $86,390 Total $142,695
Costs for future years will be requested as part of the subsequent budget periods to fulfill the remaining annual contract obligations.
COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:
This item addresses the City Council’s core value of intentionally embracing and anticipating the future by providing a secure billing and online software platform for RCMU staff and customers with planned annual process improvements to facilitate continued operational excellence.
ATTACHMENTS:
Attachment 1 – Contract No. 2025-084
Attachment 2 – Contract No. 2025-085
Advanced Managed Services
City of Rancho Cucamonga
June 09, 2025
2025-084
ATTACHMENT 1
MANAGED SERVICES AGREEMENT
THIS MANAGED SERVICES AGREEMENT made as of the 1st day of August, 2025 (the “Effective Date”).
BETWEEN:
Advanced Utility Systems, a division of N. HARRIS COMPUTER
CORPORATION
(“Harris”)
- and -
City of Rancho Cucamonga, California
(“Organization”)
WHEREAS:
(a) The Organization wishes to retain Harris to perform certain managed services as set out herein in respect of certain Harris software licensed by Organization pursuant to a Software License Agreement entered into between the parties on November 1, 2012; and (b) Harris has agreed to provide such services on the terms and conditions set out in this Agreement; and
(c) Organization has agreed to maintain an effective Support and Maintenance Agreement during the Term of this Agreement.
NOW THEREFORE, in consideration of the mutual covenants set out in this Agreement and for other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged), the parties agree as follows:
1. Term. This Agreement shall commence on the Effective Date and shall continue for a period of five (5) years, ending on July 31, 2030 (the “Initial Term”). Upon expiration of the Initial Term, this Agreement may be renewed for an additional term of two (2) years (the “Renewal Term”), unless one party gives written notice to the other party not less than ninety (90) days prior to the end of the then current term of its intention not to renew. The Initial Term and the Renewal Terms shall collectively be referred to as the “Term”.
2. Services.
(a) Harris’ Obligations. Harris shall use commercially reasonable efforts to provide the project management services set out in Schedule “A” (the “Services”) to Organization. (b) Organization’s Obligations. To enable Harris to perform the Services, Organization agrees to provide the following to Harris:
i. Information relative to Organization’s hardware and software on which the required AMS programs must run or with which these programs must interact. ii. Remote access to Organization’s system for the purposes of performing the Services; iii. Access to and use of facilities, equipment, hardware and software for installation and use solely by Harris of ongoing manual and automated processes related to and required by Harris to perform the Services;
iv. Personnel and assistance as is reasonably required to enable Harris to perform the Services;
v. Ongoing access to the system via an Internet connection acceptable to Harris. vi. A representative with authority to approve the plans and deliverables described in Schedule “A” if so required.
(c) Ownership. Organization agrees that Harris may install, access and run certain scripts and other software tools on Organization’s hardware as required by Harris to perform the Services (the “Harris Tools”). Organization acknowledges and agrees that Harris is and shall remain the sole owner of all such Harris Tools, including all copyright, patents, trademarks, trade secrets and other intellectual property rights therein, and Organization is granted no license to access or use the Harris Tools. Organization may retain a paper and/or electronic copy of any reports provided by Harris to Organization as part of the Services, however Harris is and shall remain the owner of all copyright, patents, trademarks, trade secrets and other intellectual property rights in and to such reports.
3. Fees.
(a) Fees. In consideration of providing the Services, Organization agrees to pay the fees set out in Schedule “B” (the “Fees”) to Harris. During the term of this Agreement, Harris shall, from time to time, deliver invoices to Organization. Organization shall pay the then prevailing Managed Service Fee in advance for each term of the Managed Service Agreement and where the notice of non-renewal has not been provided in accordance with these terms, the Organization is obliged to pay the Fee for the then applicable term. The termination of this Managed Service Agreement by Organization shall not affect the License or the Software License Agreement. Harris shall neither refund any Managed Service Fees nor any Billable Fees if this Agreement is terminated. Each invoice delivered to Organization by Harris shall be due and payable upon receipt thereof by Organization.
i. In consideration for the services specified in Schedule A, Organization shall pay the “Managed Service Fee” as detailed in Schedule B below. The Year 1 Managed Service Fee will be billed in advance beginning on the Effective Date. For each additional year, Organization will be billed annually in advance. The Managed
Services Fee is subject to five percent (5%) annual increase, or Consumer Price Index for All Urban Consumers (CPI—U), Riverside-San Bernardino-Ontario, CA area, whichever is greater. The CPI-U used for adjustments shall be the CPI-U last officially published at the time of invoicing prior to the last day of each applicable year of the term (whether initial or any renewal period), as applicable, whether such CPI-U has been published on a monthly, quarterly, semi-annual, or other basis. ii. Harris may change the Managed Service Fee from time to time in relation to each renewal term but Organization shall only be billed once per year. iii. In addition to the Managed Service Fee, Organization shall reimburse Harris for its direct expenses in providing services (“Billable Fees”) pursuant to this Managed Services Agreement which include as of the Start Date:
a. All direct travel expenses including, but not limited to hotel, airfare, car rental, tolls, parking and airline and travel agent fees; each individual’s travel time billing rate of $90.00/hour; a per diem rate of $70.00 for week days and $125.00 for weekends and statutory holidays that includes all meal, food and telecommunications expenses (no receipts will be provided); and a mileage charge consistent with the Internal Revenue Service recommended rate per mile,
b. Harris may update its reimbursement policies from time to time, in which case such updated policies shall apply for purposes of this Managed Services Agreement, provided that such updated reimbursement policies must generally apply to all clients of Harris.
(b) Taxes. The Fees are exclusive of taxes. Organization agrees to pay all foreign, federal, state, provincial, county or local income taxes, value added taxes, use, personal, property, sales and any other taxes, tariff, duty or similar charges that may be levied by a taxing authority (excluding taxes on Harris’s net income) (“Taxes”) unless it provides Harris with a tax exemption certificate acceptable to the applicable taxing authorities. Harris will reimburse Organization to the extent Taxes paid by Organization are recovered by Harris from the taxing or governmental authority. To the extent that Taxes may only be refunded to Harris, Harris agrees to cooperate reasonably with Organization’s obtaining a refund or reimbursement of the Taxes.
In the event that Organization is obliged by law to withhold any tax with respect to a payment to Harris, Organization will (a) withhold the appropriate amount from the payment; (b) pay the withheld amount to the applicable authority, as required by law, and (c) furnish to Harris certified copies of tax receipts and any other documentation reasonably requested by Harris as proof of Organization’s payment of the withholding tax. (c) Late Payment. In the event Organization fails to pay all or any portion of an invoice on or before ninety (90) days after the date it becomes due, in addition to all other remedies Harris has under this Agreement or otherwise, Harris shall have the option to suspend or terminate all Services under this Agreement. Suspension or termination of any such Services shall not relieve the Organization of its obligation to pay its outstanding invoices, including any applicable late charges.
4. Warranty
(a) Warranty. Harris warrants that the Services will be performed in a professional and diligent manner by personnel who are competent in performing their individual tasks.
(b) DISCLAIMER. TO THE GREATEST EXTENT PERMITTED BY LAW, EXCEPT FOR THE LIMITED WARRANTY PROVIDED IN SECTION 4(a), THE SERVICES ARE PROVIDED TO THE ORGANIZATION “AS IS” AND THERE ARE NO
WARRANTIES, REPRESENTATIONS OR CONDITIONS, EXPRESSED OR
IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW,
COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, REGARDING THEM
OR ANY OTHER PRODUCT, SERVICE OR MATERIAL PROVIDED HEREUNDER OR IN CONNECTION HEREWITH.
HARRIS, ITS LICENSORS AND SUPPLIERS DISCLAIM ANY IMPLIED
WARRANTIES OR CONDITIONS REGARDING THE SERVICES AND ANY
MATERIALS PROVIDED HEREUNDER OR IN CONNECTION HEREWITH,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE
QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
HARRIS DOES NOT REPRESENT OR WARRANT THAT THE SERVICES SHALL MEET ANY OR ALL OF THE ORGANIZATION’S PARTICULAR REQUIREMENTS.
NO AGREEMENTS VARYING OR EXTENDING ANY EXPRESS WARRANTIES
SET FORTH IN THIS AGREEMENT SHALL BE BINDING ON EITHER PARTY
UNLESS IN WRITING AND SIGNED BY AN AUTHORIZED SIGNING OFFICER OF HARRIS.
5. Termination
(a) Termination. This Agreement may be terminated as follows:
i. In addition to any other rights and remedies available to it, either party may immediately terminate this Agreement in the event of material breach by the other party of its obligations hereunder that is not cured within ninety (90) days of receipt of written notice from the other party to that effect;
ii. If Organization has failed to pay the Fees or other amounts due then Harris shall have the right to terminate this Agreement effective immediately upon written notice to Organization that effect; and
iii. Either party may terminate this Agreement effective immediately upon written notice to the other party if the other party: (i) becomes insolvent; (ii) becomes the subject of any proceeding under any bankruptcy, insolvency or liquidation law, whether domestic or foreign, and whether voluntary or involuntary, which is not resolved favorably to the subject party within ninety (90) days of commencement
thereof; or (iii) becomes subject to property seizure under court order, court injunction or other court order which has a material adverse effect on its ability to perform hereunder.
(b) Effects of Termination. In the event of termination of this Agreement:
i. Organization shall immediately pay all outstanding Fees and other amounts owing to Harris under this Agreement; and
ii. Organization agrees that Harris shall have the right to access and delete all Harris Tools installed on Organization’s equipment.
6. Limitation of Liability
TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPTS FOR
CLAIM ARISING FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF
HARRIS, HARRIS, ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND SHAREHOLDERS’ ENTIRE LIABILITY AND ORGANIZATION’S EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND
ANY OTHER PRODUCTS, MATERIALS OR SERVICES SUPPLIED BY HARRIS IN
CONNECTION WITH THIS AGREEMENT FOR DAMAGES FOR ANY CAUSE AND
REGARDLESS OF THE CAUSE OF ACTION, WHETHER IN CONTRACT OR IN TORT,
INCLUDING FUNDAMENTAL BREACH, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED IN THE AGGREGATE ONE (1) MILLION DOLLARS.
IN NO EVENT SHALL HARRIS, ITS AFFILIATES AND EACH OF THEIR RESPECTIVE
DIRECTORS, OFFICERS, EMPLOYEES AND SHAREHOLDERS, BE LIABLE FOR ANY
CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL
DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO FOR LOST REVENUE
OR LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF DATA, FAILURE TO REALIZE
EXPECTED SAVINGS, OR COST OF SUBSTITUTE GOODS OR SERVICES ARISING
OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF IT HAS BEEN
ADVISED OF THE LIKELIHOOD OF THE OCCURRENCE OF SUCH LOSS OR DAMAGE
OR SUCH LOSS OR DAMAGE IS FORSEEABLE AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
7. Confidential Information
a) Definition. The parties acknowledge that it may receive Confidential Information from the other party or otherwise in connection with this Agreement. “Confidential Information” means all information or material that either party treats as confidential and any information relating to third parties that a party has an obligation to treat as confidential, which is disclosed by or obtained by a party in connection with this Agreement, whether such information is in oral,
written, graphic or electronic form, which: is (A) marked "Confidential," "Restricted," or "Proprietary Information" or other similar marking, (B) known by the parties to be considered confidential or proprietary, or (C) which should be known or understood to be confidential or proprietary by an individual exercising reasonable commercial judgment in the circumstances.
Confidential Information does not include information to the extent that such information: (i) is or becomes generally known to the public by any means other than a breach of the obligations of a receiving party hereunder; (ii) was previously known to the receiving party as evidenced by its written records; (iii) is rightly received by the receiving party from a third party who is not under an obligation of confidentiality; or (iv) is independently developed by the receiving party without reference to or use of the other party's Confidential Information which such independent development can be established by evidence that would be acceptable to a court of competent jurisdiction.
b) Confidentiality Obligations. Each of the parties agree:
i. to maintain the Confidential Information of the other party in confidence and to take all reasonable steps, which shall be no less than those steps it takes to protect its own confidential and proprietary information, to protect the Confidential Information of the other party from unauthorized use, disclosure, copying or publication;
ii. not to use the Confidential Information of the other party other than in the course of exercising its rights or performing its obligations under this Agreement; iii. not to disclose or release such Confidential Information except to the extent required by applicable law or during the course of or in connection with any litigation, arbitration or other proceeding based upon or in connection with the subject matter of this Agreement, provided that the receiving party shall first give reasonable notice to the disclosing party prior to such disclosure so that the disclosing party may obtain a protective order or equivalent and provided that the receiving party shall comply with any such protective order or equivalent; iv. not to disclose or release such Confidential Information to any third person without the prior written consent of the disclosing party, except for authorized employees or agents of the receiving party who have a need to know such information for the purpose of performance under this Agreement and exercising its rights under this Agreement, and who are bound by confidentiality obligations at least as protective of the disclosing party’s Confidential Information as this Agreement; and v. to take such actions as may be reasonably necessary to enforce its agreements with its employees and agents, including commencing legal proceedings.
9. General
(a) Mediation. The parties agree to submit any claim, controversy or dispute arising out of or relating to this Agreement or the relationship created by this Agreement to non-binding mediation before bringing a claim, controversy or dispute in a court or before any other tribunal.
The mediation is to be conducted by either an individual mediator or a mediator appointed by mediation services mutually agreeable to the parties. Such mediator shall be knowledgeable in
software system agreements. The mediation shall take place at a time and location which is also mutually agreeable; provided; however, in no event shall the mediation occur later than ninety (90) days after either party notifies the other of its desire to have a dispute be placed before a mediator. The costs and expenses of mediation, including compensation and expenses of the mediator (and except for the attorneys fees incurred by either party), is to be shared by the parties equally. If the parties are unable to resolve the claim, controversy or dispute within ninety (90) days after the date either party provides the other notice of mediation, then either party may bring and initiate a legal proceeding to resolve the claim, controversy or dispute unless the time period is extended by a written agreement of the parties. Nothing in this Section shall inhibit a party’s right to seek injunctive relief at any time.
(b) Notice. Any notice required or permitted to be given to any party to this Agreement shall be given in writing and shall be delivered personally, mailed by prepaid registered post or sent by facsimile to the appropriate address or facsimile number set out below. Any such notice shall be conclusively deemed to have been given and received on the day on which it is delivered or transmitted (or on the next succeeding business day if delivered or received by facsimile after 5:00 p.m. local time on the date of delivery or receipt, or if delivered or received by facsimile on a day other than a business day), if personally delivered or sent by facsimile or, if mailed, on the third business day following the date of mailing, and addressed, in the case of Harris, to:
N. HARRIS COMPUTER CORPORATION
1 Antares Drive, Suite 400
Ottawa, Ontario K2E 8C4
Attention: CEO
Telephone: 613-226-5511, extension 2149
and in the case of the Organization, to:
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, California 91730
Attn: Trina Valdez
Each party may change its particulars respecting notice, by issuing notice to the other party in the manner described in this Section 7(b).
(c) Assignment. Neither party may assign any of its rights or duties under this Agreement without the prior written consent of the other party, such consent not to be unreasonably withheld, except that either party may assign to a successor entity in the event of its dissolution, acquisition, sale of substantially all of its assets, merger or other change in legal status. The Agreement shall inure to the benefit of and be binding upon the parties to this Agreement and their respective successors and permitted assigns.
(d) Entire Agreement. This Agreement shall constitute the entire agreement between the parties hereto with respect to the matters covered herein. No other understandings, agreements,
representations, warranties or other matters, oral or written, purportedly agreed to or represented by or on behalf of Harris by any of its employees or agents, or contained in any sales materials or brochures, shall be deemed to bind the parties hereto with respect to the subject matter hereof.
Organization acknowledges that it is entering into this Agreement solely on the basis of the representations contained herein. The terms of this Agreement may not be changed except by an amendment signed by an authorized representative of each party. No provisions in any purchase orders, or in any other documentation employed by or on behalf of the Organization in connection with this Agreement, regardless of the date of such documentation, will affect the terms of this Agreement, even if such document is accepted by Harris, with such provisions being deemed deleted.
(e) Governing Law. This Agreement shall be governed by the laws of the province of Ontario and the federal laws of Canada applicable therein. This Agreement excludes that body of law applicable to choice of law, the Uniform Commercial Code and the United Nations Convention on Contracts for the International Sale of Goods (UNCCISG and any legislation implementing such Convention), if otherwise applicable.
(f) Trial by Jury. Organization and Harris hereby waive, to the fullest extent permitted by applicable law, the right to trial by jury in any action, proceeding or counterclaim filed by any party, whether in contract, tort or otherwise, relating directly or indirectly to this Agreement or any acts or omissions of Harris in connection therewith or contemplated thereby. (g) Severability. The invalidity or unenforceability of any provision or covenant contained in this Agreement shall not affect the validity or enforceability of any other provision or covenant herein contained and any such invalid provision or covenant shall be deemed modified to the extent necessary in order to render such provision valid and enforceable; if such provision may not be so saved, it shall be severed and the remainder of this Agreement shall remain in full force and effect.
(h) Waiver. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
(i) Counterparts. This Agreement may be executed in counterparts (whether by facsimile or PDF signature or otherwise), each of which when so executed shall constitute an original and all of which together shall constitute one and the same instrument. (j) Relationship. The parties are and shall at all times remain, independent contractors in the performance of this Agreement and nothing herein shall be deemed to create a joint venture, partnership or agency relationship between the parties. Neither party will have the power to bind the other party or to contract in the name of or create any liability against the other party in any way for any purpose. Neither party will be responsible for the acts or defaults of the other party or of those for whom the other party is in law responsible.
(k) Allocation of Risk. Organization acknowledges that the limited warranties, disclaimers and limitations of liability contained in this Agreement are fundamental elements of the basis of bargain between Organization and Harris and set forth an allocation of risk reflected in the fees and payments due hereunder.
(l) Force Majeure. No default, delay or failure to perform on the part of Harris shall be considered a breach of this Agreement where such default, delay or failure is due to a force majeure or to circumstances beyond its control. Such circumstances will include, without limitation, strikes, riots, civil disturbances, actions or inactions concerning government authorities, epidemics, war, terrorist acts, embargoes, severe weather, fire, earthquakes, acts of God or the public enemy or default of a common carrier or other disasters or events. (m) Survival. The following sections and articles shall survive the termination or expiration of this Agreement: Sections 2(c), 3, 4, 5(b), 6-8 and any other provisions which are required to ensure that the parties fully exercise their rights and obligations hereunder.
Authorization
Signature indicates the parties have read, understood, and agreed to all the contents of this Scope of Work for Advanced Managed Services.
When accepted, and except as otherwise specifically provided herein, this quote will be performed pursuant to the terms and conditions of The Software License and Implementation Agreement and The Support Agreement entered into November 1, 2012, as and if amended.
Authorized By:
City of Rancho Cucamonga
Authorized By:
Advanced Utility Systems
Signature: Signature:
Name:
Title:
Name:
Title:
Date: Date:
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TABLE OF CONTENTS
SCHEDULE A – ADVANCED MANAGED SERVICES (AMS) ....................................................................................... 13 KEY ASSUMPTIONS .............................................................................................................................................. 15 AMS - SCOPE OF WORK ........................................................................................................................................ 17
1. ACCOUNT MANAGEMENT ..................................................................................................................................... 17
2. BUSINESS PROCESS REVIEW ................................................................................................................................... 18
3. REGRESSION TESTING – CIS INFINITY ....................................................................................................................... 19 SCHEDULE B – FEES AND PAYMENT SCHEDULE .................................................................................................... 21 SCHEDULE C – REGRESSION TESTING - TEST ACTIVITIES ....................................................................................... 22
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Schedule A – Advanced Managed Services (AMS)
Welcome to Advanced Managed Services (AMS) offering, designed to elevate your experience with CIS Infinity. We understand the daily challenges faced by utilities like yours—increasing customer expectations, demands for efficiency, and the imperative to innovate. CIS Infinity stands as your trusted Customer Information Systems and Utility Billing Solution, and AMS ensures your system remains at its peak performance.
AMS is an exceptional service offered by Advanced Utility Systems ("Advanced") to ensure that our valued customers consistently stay updated with the latest CIS Infinity builds. Some of the benefits of AMS includes the following:
• Financial Efficiency
o Redirect staff to strategic initiatives with reduced testing hours for new builds. • Enhanced System Performance
o Tap into the expertise of our seasoned AMS team, ensuring swift system responses. • Continuous Process Improvement
o Conduct thorough business process audits to optimize CIS features in use. o Stay ahead with timely updates and feature enhancements.
By partnering with AMS, you empower your utility team to focus on delivering exceptional services while we safeguard and enhance your CIS Infinity investment. Enjoy unparalleled access to dedicated resources committed to your long-term success.
Let AMS handle the intricacies of CIS Infinity management so your team can innovate and excel. Together, we'll navigate the evolving landscape of utility services with confidence.
This document describes the Scope of Work (SOW) to be delivered by Advanced, as well as defines the principal activities and deliverables of both Advanced and City of Rancho Cucamonga (“Rancho”).
The services as outlined in this Scope of Work (SOW) encompasses all aspects of Advanced’s AMS offering, including but not limited to Account Management, CIS Infinity build regression testing of Racho’s CIS Infinity system, and one onsite or remote BPR per 12 month term.
At a summary level, Advanced will provide the following services:
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1. Dedicated Account Management
▪ Forge a personal relationship with your AMS Consultant ▪ Regular one-on-one calls to address your unique needs ▪ Build Update Planning
▪ Annual Review of build logs and Enhancement Addendums ▪ Detailed reports on enhancements
2. Annual Business Process Review (BPR)
▪ Annual business process review to optimize operations ▪ Remote or Onsite BPR (Rancho to cover travel expenses) ▪ Detailed documentation of BPR Recommendations
3. Comprehensive CIS Administration
▪ Seamless application of new CIS builds tailored to your requirements ▪ Rigorous regression testing in your test environment for reliability ▪ Priority support for critical CIS Infinity issues, supplementing standard Support ▪ Updated Regression Test Systems data with the copy from Production system
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Key Assumptions
1. All prices are quoted in US dollars.
2. The Fixed Cost will be firm for the services identified herein. Travel costs will be billed as incurred in accordance with the Managed Service Agreement or as agreed to in writing by both parties.
3. Regression testing services are provided for build updates within a Version (e.g. Version 4.1.64 to 4.1.67). Regression testing services for a Version Upgrade (e.g. Version 3.x to Version 4.x or Version 4.x to Version 5.x) are excluded and will require a separate SOW.
4. Regression testing as defined in Schedule C is included for up to two builds per 12-month term.
5. Rancho will provide the server including the required system software to host two CIS Infinity test systems (1. Current Build, 2. New Build) to be used by Advanced for regression testing purposes. The two test systems can either be on one server (with enough resources to host two systems) or can be hosted on each separate server.
6. Rancho will provide one (1) back up copy of their Production database, as well as a full copy of the CIS Application folder, for Advanced to create two test systems specified in point 5.
7. Advanced will install two CIS Infinity test systems (1. Current Build, 2. New Build).
8. Regression Test environments are for the exclusive use of Advanced’s personnel to ensure the validity of test results.
9. Rancho will provide Advanced with direct remote access to its servers. Any form of secure (VPN) connection that will allow Advanced to remotely connect with either a temporary or permanent login credentials (at least) during the setup and regression testing. Rancho can choose to restrict the availability of the connection (ex. only keep it open when needed).
10. Rancho will provide Advanced with administrative access on the AMS test server/s including database administrative access on the database server where the test databases are going to be hosted.
11. Builds will be applied by Advanced in one production and two non-production (AMS and regular Test) systems.
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12. All AMS services are provided between 8:00 AM – 8:00 PM Eastern.
13. Rancho will be required to participate in a remote Discovery session to assist in defining regression testing data set (e.g. Billing Cycle to be tested).
14. Rancho specific stored procedures and or database triggers are excluded from the regression testing scope.
15. It is Rancho's responsibility to test all other functions within CIS Infinity not tested by Advanced under this SOW, before authorizing application of a build to your Production system.
16. Rancho must provide written authorization before Advanced will apply a new build to Rancho’s Production system.
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AMS - Scope of Work
The following services will be provided annually to Rancho, provided that Rancho has an effective Advanced Managed Services agreement.
1. Account Management
Advanced will schedule annual reviews of the Build Logs and Enhancement Addendums with Rancho. Advanced and Rancho will work together to determine which Builds will be applied during the 12-month term and the timing for testing and applying a build (i.e. a Build Plan). In addition, Advanced will schedule a regular call with Rancho to review the outstanding tickets/issues.
Advanced DELIVERABLES:
• Lead annual review of Build Logs and Enhancement Addendums • Jointly develop a Build Plan
• Document Build Plan
• Review outstanding tickets/issues, coordinate internally with the Advanced Technical team for resolution Rancho DELIVERABLES:
• Participate in annual review of Build Logs and Enhancement Addendum • Jointly develop a Build Plan
• Participate on the regular call to review outstanding tickets/issues
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2. Business Process Review
Advanced will conduct one, remote or 4-day onsite Business Process Review (BPR), each 12-month term, on a date mutually agreed by Advanced and Rancho. Advanced will review key meter to cash business processes with Rancho staff and document recommendations for improvements to current processes. Rancho will provide the resources and the information that Advanced will require to perform a successful BPR. Implementation of changes are at the discretion of Rancho and may require a separate SOW, depending on scope, if Advanced assistance is required.
Advanced DELIVERABLES:
• Deliver remote or onsite BPR
• Document recommendations
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Rancho DELIVERABLES:
• Participate in BPR sessions
• Provide documentation of current business processes, where available
3. Regression Testing – CIS Infinity
Advanced will perform regression testing activities as defined in Schedule C below for up to two builds per 12-month term using Rancho’s data which resides on Rancho’s test servers. Advanced will perform a manual testing procedures. Rancho is responsible for any additional testing activity not defined in Schedule C.
Advanced will compare data between the 2 test systems at a detail table and record level , for each test activity and will present a summary of results including explanation of any valid discrepancies. Invalid differences will be corrected by Advanced prior to, when possible, releasing the system to Rancho.
Through a Discovery process, Advanced will work with Rancho to identify data to be used in testing.
Advanced DELIVERABLES:
• Lead Discovery Session
• Apply Builds Required to Conduct Regression Testing
• Perform Regression Testing Activities as outlined in Schedule C • Resolve and Testing Errors/Discrepancies
• Document Testing Results
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Rancho DELIVERABLES:
• Participate in Discovery Session
• Provide hardware and install and configure associated system and database software required for regression testing, specifically two test environments. (Test 1 – Current Build, and Test 2 – New Build) • Provide Administrative access to the regression test database servers • Provide data files identified during Discovery (e.g. meter readings) required for regression testing • Assist Advanced, as needed, in resolution of Testing Errors/Discrepancies • Test any processes not included in Schedule C that Rancho deems important before applying a build to production • Authorization to apply a Build to production
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Schedule B – Fees and Payment Schedule
The total annual fee for the Advanced Managed Services is $56,304.00 USD due on August 1, 2025.
This Agreement shall commence on the Effective Date and shall continue for a period of five (5) years, ending on July 31, 2030 (the “Initial Term”). Upon expiration of the Initial Term, this Agreement may be renewed for an additional term of two (2) years (the “Renewal Term”), unless one party gives written notice to the other party not less than ninety (90) days prior to the end of the current term of its intention not to renew. And where the notice of non-renewal has not been provided in accordance with the terms, Rancho is obliged to pay the annual recurring AMS fee for the then applicable one-year term. The Initial Term and the Renewal Terms shall collectively be referred to as the “Term”.
Travel-related expenses are not included in the Annual Fee. Travel will be billed as incurred per the terms of the Managed Services Agreement.
Under no circumstances shall Advanced Utility Systems be liable for any special, indirect, consequential, punitive, or incidental damages of any kind and shall not be liable for loss of profits, works stoppage, system failure or malfunction, loss of data or any other damages or losses in connection with this statement of work, even if Advanced Utility Systems has been advised of the possibility of such damages. In any event, Advanced Utility Systems shall not be liable to pay any amount, in the aggregate, that is greater than the fees received by Advanced Utility Systems under this statement of work.
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Schedule C – Regression T esting - T est Activities
Functional Area/Process Test Activity
Meter Reading Export ▪ Generate one meter reading export file Meter Reading Import ▪ Import one meter reading file
Pre-Exceptions ▪ Generate Pre-Exceptions for one Bill Cycle Cycle Billing ▪ Generate one billing batch from Meter Reading Import File ▪ Enter manual read on one “Estimate” exception type
▪ Select an account in batch, create a Transaction Batch, add adjustment and update batch ▪ Check for new Transactions
▪ Transfer Exceptions
▪ Journal – Batch with No Exceptions
▪ Merge Exceptions
▪ Journal Merged Batch
▪ Print Bills
▪ Update Batch
Shared Billing ▪ Generate one billing batch from Shared/Online Billing Meter Reading Import File ▪ Transfer Accounts Ready to Print to Batch
▪ Original Batch - Change bill status to Ready to Print and Ignore Exceptions for all accounts in filter ▪ Select Import and choose the remaining book for the selected cycle and change the reading and billing date by at least one day
▪ Journal Batch
▪ Print Bills
▪ Update Batch
Manual Billing
▪ Meter Change Out ▪ Perform one Meter Change Out
▪ Create one manual bill batch and add account with meter change ▪ Proration ▪ Add one account and change reading date for less than 30 days to create short bill and trigger pro- ration
▪ Add one account and change reading for more than 30 days to create long bill and trigger pro-ration ▪ First Bill ▪ Add one account created from New Services to trigger first bill
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Functional Area/Process Test Activity
▪ Journal Batch
▪ Print Bills
▪ Update Batch
Cancel Billing ▪ Select one account updated in cycle batch and flag to cancel as whole ▪ Create Cancel Bill batch
▪ Journal Batch
▪ Update Batch
Cancel and Rebill ▪ Select one account updated in cycle batch and flag to cancel & rebill, enter new readings and reading date
▪ Create Cancel & Rebill batch
▪ Journal Batch
▪ Print Bills
▪ Update Batch
Moves & Final Billing
▪ Vacant ▪ Select existing customer - Account 2
▪ Move Account 2 into a new account (Account 1); back date move 1 week, transfer balance, leave Account 2 vacant
▪ Auto Owner ▪ Move out Account 3 (Auto Owner) out; back date move 1 week ▪ Final Bills ▪ Create one Final Bill Batch
▪ Add Account 1, 2, 3 and ensure none are set to no bill, enter meter read ▪ Journal Batch
▪ Print Bills
▪ Update Batch
▪ Final Bill - Occupancy Charge ▪ Locate Occupancy Charge batch generated by Final Bill batch, in Transaction Batch ▪ Journal Batch
▪ Update Batch
▪ Final Bill - Balance Transfer ▪ Locate Balance Transfer batch generated by Final Bill batch, in Transaction Batch ▪ Journal Batch
▪ Update Batch
▪ Final Bill - Deposit Transfer ▪ Locate one customer who has an A/R Balance and a Deposit Paid Balance and is Active on 2 Accounts ▪ Move Out this customer from 1st Account, with balance transfers to the Customer’s 2nd Account and Move In a new Customer to 1st Account
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Functional Area/Process Test Activity
▪ Final bill the Customer.
▪ Locate Balance Transfer batch generated by Final Bill batch, in Transaction Batch ▪ Journal Batch
▪ Update Batch
▪ Final Bill - Apply Deposit and
‘Reverse Unpaid Deposit
▪ Locate one customer who has a deposit paid balance and another where there is a deposit owing balance (could be on a single customer/account)
▪ Move out the customer leaving the account vacant
▪ Final bill the customer and check the ‘Charges’ tab on the bill. ▪ Auto Final Bills ▪ Move one new customer into Vacant account (Account 2); use current date, Deposit Quote ▪ Move in existing customer (Account 4) into Account 3; use current date, balance transfer ▪ Move new customer into Account 5
▪ Add Auto Final Bill reading to Account 2, 3, 4, 5
▪ Create Auto Final Bill Batch
▪ Ensure Account 2, 3, 4 and 5 are brought in and none are set to no bill ▪ Journal Batch
▪ Print Bills
▪ Update Batch
▪ Auto Final Bills - Occupancy Charge ▪ Locate Occupancy Charge batch generated by Auto Final Bill batch, in Transaction Batch ▪ Journal Batch
▪ Update Batch
▪ Auto Final Bills - Occupancy Charge
– Vacant Move In
▪ Execute Vacant Account Move In Processing
▪ Locate Occupancy Charge batch generated by Vacant Account Move in, in Transaction Batch ▪ Journal Batch
▪ Update Batch
▪ Auto Final Bills - Balance Transfer ▪ Locate Balance Transfer batch generated by Auto Final Bill batch, in Transaction Batch ▪ Journal Batch
▪ Update Batch
▪ Auto Finals - Deposit Quote ▪ Execute Deposit Quote Processing ▪ Locate Deposit Quote batch in Transaction Batch
▪ Journal Batch
▪ Update Batch
▪ Delete Move In – New Customer ▪ Go to Account 5 and delete move (Account 5 should now be Inactive)
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Functional Area/Process Test Activity
▪ Move Multiplier with Customer (if
applicable)
▪ Note: Applicable where Basic Multiplier Control form is configured for a multiplier to move with Customer.
▪ Locate one Active Customer/Account with these multipliers (CUST/ACCT1) ▪ Select one other Customer/Account that has the same Service (CUST/ACCT2), Move Out the CUST/ACCT2 and Move In CUST/ACCT1
▪ Move Payment Plan with Customer
(if applicable)
▪ Note: Applicable if the ‘Move Scenario Control’ is configured to Copy Existing Pap Data’ for the Move In scenario type.
▪ Locate one ‘Active’ Customer/Account which has a Payment Plan (CUST/ACCT3) ▪ Move in one Customer (CUST/ACCT3) to another account (CUST/ACCT4) Payment Import ▪ Create one Transaction Batch
▪ Import one payment file
▪ Journal Batch
▪ Update Batch
Cash Register ▪ Create one Cash Register Batch
▪ Add one account by customer #, pay full amount
▪ Add one account by account #, pay partial amount
▪ Add one customer with multiple active accounts
▪ Add one account by Search, pay full amount, change transaction code ▪ Journal Batch
▪ Update Batch
▪ Create one Cash Register batch
▪ Add one account by customer #, pay bill full amount by cash ▪ Add one account by account, pay partial amount by check ▪ Add one account by search, pay partial amount by cash and balance by check ▪ Add one account by account, pay in full by credit card ▪ Add one customer with multiple accounts, pay bill full amount check ▪ Add customer with multiple account, pay partial amount by cash ▪ Delete one account
▪ Journal Batch
▪ Update Batch
▪ Create one Cash Register Batch
▪ Add one account by account, pay partial amount to specific AR(s) to override payment allocation
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Functional Area/Process Test Activity
▪ Add one account, pay by cash where change will be given ▪ Add one POS transaction
▪ Add one GL transaction
▪ Edit one Cash Register batch and edit Cash Register Amount to be a 1¢ difference Cash tender ▪ Balance Cash Register
▪ Journal Batch
▪ Update Batch
Adjustments
▪ Create one Adjustment Transaction Batch
▪ Add one debit adjust to account
▪ Add one credit adjust to account
▪ Add one account and change transaction code
▪ Add one account used in Cash Register and process NSF selecting original transaction ▪ Journal Batch
▪ Update Batch
Late Payment Charges ▪ Execute Penalty Processing
▪ Locate Late Charges batch in Cash Processing
▪ Journal Batch
▪ Update Batch
Notices ▪ Create one Notice Batch for a selected cycle - Notice date = date of 1st pending notice for the previous bill (May/May Not be Notice 1 date)
▪ Execute Removed Listing
▪ Execute Notice Listing
▪ Print Notices (if applicable)
▪ Update batch
▪ Creation of Notice Charges cash batch (if configured in Collection Notice Control form) o Created as a result of Notices Batch Update
Arrangement Processing ▪ Add single arrangement to Account 6 using current date ▪ Add group arrangement to Account 7, process as group starting with current date ▪ Add group arrangement to Account 8, not processed as group starting with current date ▪ Add single arrangement to Account 9 using future date ▪ Add single arrangement to Account 10 using current date
1. Create one pending cash batch
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Functional Area/Process Test Activity
2. Add a payment in full to Pending Cash Batch for Account 6
3. Arrangement Processing Pickup
4. Add single arrangement to Account 11 using current date
5. Add group arrangement to Account 12, process as group starting with current date
6. Add group arrangement to Account 13, not processed as group starting with current date
7. Add single arrangement to Account 14 using future date
8. Add single arrangement to Account 15 using current date
9. Add a payment in full to Pending Cash Batch created for Account 11
10. Run Arrangement Processing from the Collection Processing form Collections Processing
▪ Disconnection ▪ Update all Broken Arrangement accounts to Collection Status of Pending Disconnect ▪ Create Transaction Batch
▪ Add full payment to Transaction Batch for one Account with Pending Disconnect ▪ Generate Field Actions
▪ Add full payment for one Account with “Disconnect Service Order Generated” Collection Status ▪ Reconnection ▪ Select 2 accounts and add Disconnect records ▪ Add partial payment (below min for reconnection) for 1st Account ▪ Add full payment for 2nd Account
▪ Bankruptcy (if applicable) ▪ Select one account with amount owing and add a bankruptcy record for current date ▪ Select a second account with amount owing and add bankruptcy with older file date ▪ Locate Bankruptcy batch in Transaction Batch
▪ Journal Batch
▪ Update Batch
▪ Write Off Processing ▪ Execute Write Off Processing – Write Off ▪ Locate Write Off batch in Transaction Batch
▪ Journal Batch
▪ Update Batch
▪ Credit Refund (if applicable) ▪ Execute Write Off Processing – Credit Refund Pickup ▪ Locate Credit Refund batch in Transaction Batch
▪ Journal Batch
▪ Update Batch
▪ Refund file
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Functional Area/Process Test Activity
▪ Collection Agency (if applicable) ▪ Execute Write Off Processing - Collection Agency Pickup ▪ Locate Collection Agency batch in Transaction Batch
▪ Journal Batch
▪ Update Batch
▪ Collection Agency file
Deposit Quote ▪ Execute Deposit Quote Processing
▪ Locate Deposit Quote batch in Transaction Batch
▪ Journal Batch
▪ Update Batch
Deposit Interest ▪ Execute one Deposit Interest Processing ▪ Locate Deposit Interest batch in Transaction Batch
▪ Journal Batch
▪ Update Batch
Deposit Refund ▪ Execute one Deposit Refund Processing
▪ Locate Deposit Refund batch in Transaction Batch
▪ Journal Batch
▪ Update Batch
PAP/ACH Pickup ▪ Execute one ACH/PAP Processing
▪ Locate PAP/ACH Batch in Transaction Batch
▪ Journal Batch
▪ Create Bank File
▪ Update Batch
Request/Adjust Transaction Pickup ▪ Execute one Transaction Request Transaction Processing ▪ Locate Request Transaction batch in Transaction Batch ▪ Journal Batch
▪ Update Batch
Service Orders ▪ Add one SO to an account from CAI/AccountView, print on Save ▪ Add one SO to an account from CAI/AccountView, do NOT print on Save ▪ Add one SO from Service Order Management form
▪ Complete one SO using completion code to trigger action
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Functional Area/Process Test Activity
Reporting
▪ Customer Account Reports ▪ Compare Single AR Summary filtered to one specific cycle ▪ Compare Single AR Detail filtered to one specific cycle ▪ Compare Multiple AR Summary filtered to one specific cycle ▪ Compare Multiple AR Listing to one specific cycle
▪ GL Reports ▪ Compare GL Element Monthly Summary filtered to one specific month/year ▪ Compare GL Element Monthly Detail filtered to one date range ▪ Compare Transaction Daily Summary filtered to one specific date ▪ Aged Arrears ▪ Compare Detailed filtered to one specific AR, one account status, one account type and one cycle ▪ Compare Summary filtered to one specific AR, one account status, one account type and one cycle Letter Management ▪ Add one letter to one account
▪ Print Letter
Customer Account
Inquiry/AccountView
▪ Compare Information displayed in the Information Band for one Customer Account in the CAI/AccountView form, Billing Batch form, and Cash Register Batch form ▪ Verify that able to access all Tabs in the CAI/AccountView form ▪ Verify that able to all grids in the CAI/AccountView form display ▪ Verify all buttons function in CAI/AccountView Navigation Tool Bar ▪ Advanced Search – Execute 5 saved Filters/Searches in CAI/AccountView and validate results are the same
SUPPORT AND MAINTENANCE AGREEMENT
THIS AGREEMENT made as of the 1st day of January, 2026.
BETWEEN:
N. HARRIS COMPUTER CORPORATION
(“Harris”)
- and –
THE CITY OF RANCHO CUCAMONGA, CALIFORNIA
(“Organization”)
RECITALS
1. Harris has licensed to Organization certain Software pursuant to a Software License Agreement;
2. The Organization wishes to receive support and maintenance services related to the Software;
3. Harris shall provide the support and maintenance services related to the Software; NOW THEREFORE, in consideration of the mutual covenants set out in this support and maintenance agreement (the “Support and Maintenance Agreement”) and for other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged), the parties agree as follows:
1. Defined terms:
(1) “Release” means an Update and an Upgrade.
(2) “Software” means the software products that are listed in Exhibit 1 and includes any Update(s) or Upgrade(s) that have been provided to Organization. Third Party Software is not included in the definition of Software except where this License Agreement explicitly states otherwise. (3) “Update” means any published changes, additions or corrections to the Software that primarily include a minor modification or enhancement to the Software related to a bug fix, minor additional functionality or legislative changes. An Update is designated by a change in the right-most digit in the version number (for example, a change from X.1 to X.2). (4) “Upgrade” means a major overhaul of the Software which is a complete new published version of the Software that modifies, revises or alters the Software and adds features, functionality or enhancements to such Software. An Upgrade is designated by a change in the number to the left of the decimal point in the version number (for example, a change from 1.X to 2.X. 2025-085
ATTACHMENT 2
2. This Support and Maintenance Agreement is the exclusive statement of the entire support and maintenance agreement between Harris and Organization.
3. Harris shall provide software support primarily via telephone and electronic mail in addition to site visits only when necessary. The support services will be provided only during the hours of operation as described in Exhibit 2 hereto and which are in effect as of the Start Date ( January 1, 2026), as such services may, at Harris’s sole discretion, be modified or supplemented from time to time. To enable Harris to provide effective support, the Organization will establish auto remote access procedures compatible with Harris’s then current practices which may be revised over time.
4. This Support and Maintenance Agreement becomes effective from the date hereof.
5. In consideration for the support services specified in Section 2, Organization shall pay the “Support and Maintenance Fee” as detailed in Exhibit 1 below. The Support and Maintenance Fee will be billed annually in advance each year of the Term (including any renewals or extensions) beginning on the Start Date and thereafter on the anniversary of the Start Date or on an alternative date mutually agreed to by both parties. Harris may change the Support and Maintenance Fee from time to time on each one-year anniversary of the Agreement during its Term (including any renewal terms) but Organization shall only be billed once per year.
6. In addition to the Support and Maintenance Fee, Organization shall reimburse Harris for its direct expenses in providing support services (“Billable Fees”) pursuant to this Agreement which include:
(i) its direct travel expenses which are excluded from the total fees amount described in the Statement of Work, including, but not limited to hotel, airfare, car rental, tolls, parking and airline and travel agent fees; (ii) courier services, photocopying, faxing and reproduction, all reasonable travel costs (hotel and airfare) including a travel time rate of $75.00 per hour; (iii) a per diem rate of $70.00 for week days and a $140.00 for weekends and statutory holidays that includes all meal, food and telecommunications expenses (no receipts will be provided);
(iv) a mileage charge based on the current U.S. Internal Revenue Service recommended rate per mile, long distance telephone calls; and (v) all other reasonable expenses incurred in the performance of Harris's duties including courier services and documentation copying or production.
7. Harris may update its reimbursement policies and rates related to the Billable Fees from time to time, in which case such updated policies shall apply for purposes of this Agreement, provided that such updated reimbursement policies must generally apply to all clients of Harris.
8. Harris shall supply all Updates to Organization at no additional charge other than the payment of the Support and Maintenance Fee. Updates and Upgrades may require additional services to be performed by Harris outside of the scope of those services provided by Harris including additional training not covered by any agreement(s) for the installation and implementation of the Update and Upgrades that will be subject to the Harris ’s then-prevailing policies, terms and Billable Fees related to pricing and hourly rates. All such services shall be performed subject to a newly negotiated Scope
of Work.
9. All Updates of the Software and all those services listed in Exhibit 2 which are included as part of Organization’s Software support will be made available to Organization at no additional charge, except where Exhibit 2 expressly indicates that a service is billable. Such services will otherwise be covered under the Support and Maintenance Fees.
10. All payments hereunder shall be in U.S. dollars and shall be net of any taxes, tariffs or other governmental charges. Harris shall be responsible for paying all taxes, fees, assessments and premiums of any kind payable on its employees and operations. Any tax Harris may be required to collect or pay upon the sale, use or delivery of the support and maintenance services described in this Support and Maintenance Agreement shall be paid by Organization and such sums shall be due and payable to Harris upon receipt of an invoice therefore. Any taxes levied in relation to the services required for a Release shall be paid by Organization. For the sake of clarity, all of the fees listed in this Support and Maintenance Agreement are not inclusive of any applicable taxes: the Organization shall be responsible for the payment of any applicable duties and sales/consumption taxes.
11. The initial term of this Support and Maintenance Agreement shall be five (5) years.
Upon expiration of the initial term , this Support and Maintenance Agreement may be renewed for an additional term of two (2) years , unless terminated by either party upon giving to the other not less than 90 days’ notice in writing prior to the end of the initial term or any subsequent anniversary of such date. Organization shall pay the then prevailing Support and Maintenance Fee in advance for each term of the Support and Maintenance Agreement and where the notice of non -renewal has not been provided in accordance with these terms, the Organization is obliged to pay the Support and Maintenance Fee for the then applicable term ; notwithstanding the foregoing, all ongoing annual support and maintenance fees are subject to five percent (5%) annual increase, or Consumer Price Index for All Urban Consumers (CPI —U), Riverside-San Bernardino-Ontario, CA area, whichever is greater. The CPI -U used for adjustments shall be the CPI -U last officially published at the time of invoicing prior to the last day of each applicable year of the term (whether initial or any renewal period), as applicable, whether such CPI-U has been published on a monthly, quarterly, semi-annual, or other basis . The termination of this Support and Maintenance Agreement by Organization shall not affect the existing license agreement(s). Harris shall neither refund any Support and Maintenance Fees nor any Billable Fees if this Support and Maintenance Agreement is terminated. Organization acknowledges that if this Support and Maintenance Agreement is terminated, then it will not be eligible to receive the benefits of this Support and Maintenance Agreement including the right to Releases or to access the source code in escrow upon the occurrence of any event of default.
12. Title to and ownership of all proprietary rights in the Releases and all related proprietary information supplied by Harris in providing the services pursuant to this Support and Maintenance Agreement shall at all times remain with Harris, and Organization shall acquire no proprietary rights by virtue of this Support and Maintenance Agreement.
13. Harris shall have the right to terminate this Support and Maintenance Agreement
immediately if:
(a) Organization attempts to assign this Support and Maintenance Agreement or any of its rights hereunder without complying with the relevant license agreement; or
(b) Organization has not paid an invoice within ninety (90) days of the start of a renewal term.
14. Unless otherwise agreed to by the parties, all notices required hereunder shall be made in accordance with the provisions of the relevant license agreement.
15. Either party’s lack of enforcement of any provision in this Support and Maintenance Agreement in the event of a breach by the other shall not be construed to be a waiver of any such provision and the non -breaching party may elect to enforce any such provision in the event of any repeated or continuing breach by the other.
16. The parties agree that the terms and conditions contained herein shall prevail notwithstanding any variations on any orders, e -mails or other correspondence submitted by Organization.
17. The particular provisions of this Support and Maintenance Agreement shall be deemed confidential in nature and neither Organization nor Harris shall divulge any of its provisions as set forth herein to any third party except as may be required by law.
18. (a) Termination of this Support and Maintenance Agreement shall not affect any right of action of either party arising from anything which was done or not done, as the case may be, prior to the termination taking effect.
(b) The Organization and Harris recognize that circumstances may arise entitling the Organization to damages for breach or other fault on the part of Harris arising from this Support and Maintenance Agreement. The parties agree that in all such circumstances the Organization’s remedies and Harris’s liabilities will be limited as set forth below and that these provisions will survive notwithstanding the termination or other discharge of the obligations of the parties under this Support and Maintenance Agreement.
(c) FOR BREACH OR DEFAULT BY HARRIS OR OTHERWISE IN
CONNECTION WITH THIS SUPPORT AND MAINTENANCE
AGREEMENT, INCLUDING A BREACH OR DEFAULT ENTITLING
THE ORGANIZATION TO RESCIND OR BE DISCHARGED FROM THE
PROVISIONS OF THIS SUPPORT AND MAINTENANCE AGREEMENT,
THE ORGANIZATION’S EXCLUSIVE REMEDY, IN ADDITION TO
ELECTING IF SO ENTITLED TO RESCIND OR BE DISCHARGED
FROM THE PROVISIONS OF THIS SUPPORT AND MAINTENANCE
AGREEMENT, SHALL BE PAYMENT BY HARRIS OF THE
ORGANIZATION’S DIRECT DAMAGES TO A MAXIMUM AMOUNT
EQUAL TO, AND HARRIS SHALL IN NO EVENT BE LIABLE IN THE AGGREGATE ONE (1) MILLION DOLLARS.
(d) IN NO EVENT SHALL ANY DAMAGES INCLUDE, NOR SHALL
HARRIS BE LIABLE FOR, ANY SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES EVEN IF HARRIS HAS BEEN ADVISED
OF THE POSSIBILITY THEREOF. WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, HARRIS SHALL NOT BE LIABLE
FOR LOST PROFITS, LOST BUSINESS REVENUE, FAILURE TO
REALIZE EXPECTED SAVINGS, OTHER COMMERCIAL OR
ECONOMIC LOSS OF ANY KIND, OR FOR ANY CLAIM
WHATSOEVER AGAINST THE ORGANIZATION BY ANY OTHER
PARTY.
(e) CLAUSES (i) AND (ii) SHALL APPLY IN RESPECT OF ANY CLAIM,
DEMAND OR ACTION BY THE ORGANIZATION IRRESPECTIVE OF
THE NATURE OF THE CAUSE OF ACTION UNDERLYING SUCH
CLAIM, DEMAND OR ACTION, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, RESCISSION OF CONTRACT, OR TORT.
19. The parties hereby confirm that the waivers and disclaimers of liability, releases from liability, limitations and apportionments of liability, and exclusive remedy provisions expressed throughout this Support and Maintenance Agreement shall apply even in the event of default, negligence (in whole or in part), strict liability or breach of contract of the person released or whose liability is waived, disclaimed, limited, apportioned or fixed by such remedy provision, and shall extend to such person’s affiliates and to its shareholders, directors, officers, employees and affiliates.
20. Where remedies are expressly afforded by this Support and Maintenance Agreement, such remedies are intended by the parties to be the sole and exclusive remedies of the Organization for liabilities of the Harris arising out of or in connection with this Support and Maintenance Agreement, notwithstanding any remedy otherwise available at law or in equity.
21. This Agreement will be governed by the law of the state of California. In the event of a dispute over this agreement, exclusive venue shall be in the United States District Court in Rancho Cucamonga, California; provided, however, that if subject matter jurisdiction is improper in said federal court, it shall be had in the Circuit Court in the City of Rancho Cucamonga, California . The Uniform Computer Information Transaction Act will not apply even if adopted as part of the laws of California. The United Nations Convention on Contracts for the International Sale of Goods (UNCCISG) does not apply to this Agreement.
22. This Support and Maintenance Agreement may not be assigned by the Organization unless, concurrently with any such assignment, the Organization assigns its rights under, and complies with the provisions of the relevant license agreement.
23. This Support and Maintenance Agreement shall be binding upon the successors and assigns of the parties and inure to the benefit of the successors and permitted assigns of the parties.
24. The invalidity or unenforceability of any provision or covenant contained in this Support and Maintenance Agreement shall not affect the validity or enforceability of any other provision or covenant herein contained and any such invalid provision or covenant shall be deemed to be modified to the extent necessary in order to render such provision valid and enforceable; if such provision may not be so saved, it
shall be severed and the remainder of this Agreement shall remain in full force and effect. .
25. This Support and Maintenance Agreement may be executed in counterparts (whether by facsimile signature or in PDF format via e-mail or otherwise), each of which when so executed shall constitute an original and all of which together shall constitute one and the same agreement.
IN WITNESS WHEREOF, the Parties have executed this Support and Maintenance Agreement to be effective as of January 1, 2026.
N. HARRIS COMPUTER CORPORATION
Per:
Name:
Title:
CITY OF RANCHO CUCAMONGA, CALIFORNIA
Per:
Name:
Title:
Exhibit 1
Annual Support and Maintenance Fee
Payment Schedule
January 1, 2026 – December 31, 2026
• CIS Infinity – annual fee………………………….………………… $60,245.27 • Infinity.Link – annual fee………………………….…………………$20,479.64 • Learning Management System (LMS) – annual fee…….………….$ 5,664.33 *10 maximum LMS users and 1 ticket for annual Harris Customer Training Conference (HCTC)
These fees assume no additional licenses are added. In the event that additional licenses for CIS Infinity are purchased, the Annual Support and Maintenance Fee will increase in accordance with the license purchase fees.
Exhibit 2
Standard Support and Maintenance Services – Standard Guidelines
The purpose of this Exhibit 2 is to provide our customers with information on our standard coverage, the services which are included as part of your annual software support, a listing of call priorities, an outline of our escalation procedures and other important details.
Harris reserves the right to make modifications to this document as required; provided, however, Harris shall not reduce the scope of support provided hereunder without the prior consent of the Organization.
The services listed below are services that are included as part of your software support. • 800 Toll Free Telephone support
• Software for Life
- Guaranteed Support on your existing applications for life - Scheduled assistance for installations, updates/upgrades and other special projects (there may be charges depending on the scope of work)
• Technical troubleshooting and issue resolution
• E-mail support call logging and notification
• eSupport access 24 x 7 with the following on-line benefits:
- Log and close calls
- View and update calls
- Update contact information
- Access published documentation
- Access available downloads
- Access Support knowledge base
- Participate in Discussion Forums
• Standard software releases and updates
- Defect corrections (as warranted)
- Planned enhancements
- State and/or Federal mandated changes (charges may exist depending on scope) - Participation in beta program
- Online Release notes
• Customer Care Program
- Quarterly News Letter
- Technical support check-ins
- Communication on new products and services
- On-site visits (as required)
• Design review for potential enhancements or custom modifications • Ability to attend the annual customer conference (attendance fees apply)
Help Desk Hours
Our standard hours of support are from 8:00 a.m. EST to 8:00 p.m. EST, Monday to Friday, excluding designated statutory holidays. After-hours/emergency telephone support is available outside of the standard hours for critical issues requiring immediate attention. Weekend and holiday assistance is available and must be scheduled in advance and in most cases is billable.
Response Times
Response times will vary and are dependent on the priority of the call. We do our best to ensure that we deal with incoming calls in the order that they are received, however calls will be escalated based on the urgency of the issue reported. Our response time guidelines are as follows:
Priority 1: 1 - 4 hours
Priority 2: 1 - 8 hours
Priority 3: 1 - 24 hours
Call Priorities
In an effort to assign our resources to incoming calls as effectively as possible, we have identified three types of call priorities, 1, 2 and 3. A Priority 1 call is deemed by our support staff to be an Urgent or High Priority call, Priority 2 is classified as a Medium Priority and Priority 3 is deemed to be a Low Priority. The criteria used to establish guidelines for these calls are as follows:
Priority 1 – High
• Security issues
• System Down (Software Application, Hardware, Operating System, Database) • Inability to process bills
• Program errors without workarounds
• Aborted postings or error messages preventing data integration and update • Performance issues of severe nature impacting critical processes
Priority 2 - Medium
• System errors that have workarounds
• Reports calculation issues
• Printer related issues (related to interfaces with our software and not the printer itself) • Hand-held issues not preventing billing
• Performance issues not impacting critical processes
• Usability issues
• Workstation connectivity issues (Workstation specific)
Priority 3 - Low
• Report formatting issues
• Training questions, how to, or implementing new processes • Aesthetic issues
• Issues with workarounds
• Recommendations for enhancements on system changes
• Questions on documentation
Call Process
All issues or questions reported to support are tracked via a support call or ticket; our support analysts cannot provide assistance unless a support call or ticket is logged. Our current process for logging calls and tickets includes the following: eSupport (via website), email, phone and fax.
• Your ticket must contain at a minimum: your organization name, contact person, software product and version, module and/or menu selection, nature of issue, detailed description of your question or issue and any other information you believe pertinent. • Our ticketing system or one of our support analysts will provide you with a ticket ID to track your issue.
• Your ticket will be assigned to the first available support representative. • As the support representative assigned to your ticket investigates your issue, you will be contacted and advised as to where the issue stands and the course of action that will be taken for resolution. If we require additional information, you will be contacted by the assigned support representative to supply the information required. • All correspondence and actions associated with your ticket will be tracked in our support ticketing system. At any time, if available to you, you may log onto our ticketing system to see the status of your call.
• Once your issue has been resolved, you will receive an automated notification by email that your ticket has been closed. This email will contain the entire event history of the issue from the time the ticket was created and leading up to the resolution of the issue.
You also have the option of viewing both your open and closed tickets, if available to you, via our support ticketing system.
• Contact the support department at your convenience for a status update on your development issues, or log onto our ticketing system (if available to you) to view your issues on-line.
Escalation Process
Our escalation process is defined below. This process has been put in place to ensure that issues are being dealt with appropriately. If at any time you are not completely satisfied with the resolution of your issue, you are encouraged to escalate with the support department as follows:
Level 1: Contact the Technical Analyst working on your issue Level 2: Contact the Team Lead
Level 3: Contact the Manager of support
Level 4: Contact the Director, Vice President of support Level 5: Contact the Executive Vice President
Holiday Schedule
Below is a listing of statutory holidays. Please note that support services will be closed on designated days as outlined below.
New Year's Day (January 1)
Family Day (3rd Monday in February; usually coincides with President’s Day) Good Friday
Victoria Day (May, Monday preceding May 25th)
Canada Day (July 1)
Civic Holiday (August, first Monday)
Labour Day (same for USA and Canada)
Thanksgiving (Canada – 2nd Monday in October)
Christmas Eve (Early Closure)
Christmas Day (Dec 25)
Boxing Day (Dec 26)
New Year’s Eve (Early Closure)
Billable Support Services
The services listed below are services that are out of scope of your support and maintenance agreement and are therefore considered billable services.
• Extended telephone training
• Forms redesign or creation (includes Bill Prints, Notice Prints and Letters) • Setup and changes to interfaces or creation of new interface • Setup of new services or changes to services (PAP, ACH, etc.) • File imports/exports
• Custom modifications (reports, bills, forms, reversal of customizations) • Setting up additional companies / agencies / tokens / general ledgers • Data conversions / global modification to setup table data • Database maintenance, repairs and optimization
• Installations / re-installations (workstations, servers)
Test Databases and Environments
We support customers in the maintenance of independent test environments for testing purposes.
This allows customers the opportunity to test fixes, modifications, new business processes and/or scenarios without risking any potentially unwanted changes to the live environment.
Connection Methods
To ensure we can effectively support our clients, we require that a communication link is established and maintained between our two sites. It is the Organization’s responsibility to ensure the connection is valid at your location so that we can connect to your site and resolve any issues. Our preferred method of connection is through Remote Desktop which can be accomplished using a VPN account and the MS Windows Remote Desktop client or a variety of remote connection tools (logmein.com, TeamViewer, join.me, VNC, etc). Harris will work with the client to establish a mutually agreeable remote connection policy.
DATE: September 3, 2025
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Maritza Martinez, Public Works Services Director Mike McCliman, Fire Chief
Daniel Akers, Public Works Services Deputy Director
Paige Eberle, Management Analyst II
SUBJECT: Consideration of a Contract with Mariposa Landscape, Inc. for Park Mowing and Facility Landscape Maintenance in the Amount of $974,922 for FY 2025/26. (CITY/FIRE)
RECOMMENDATION:
Staff recommends City Council:
1. Award and authorize the execution of a professional services agreement for Park Mowing and Facility Landscape Maintenance to Mariposa Landscapes Inc., of Irwindale, California, effective October 1, 2025, for a one-year term with an option to renew in one (1) year increments up to a total of six (6) additional years, in an amount not to exceed $974,922 (City $844,922 and Fire $130,000) for FY 2025/26, and an estimated $7,762,435 over seven years, contingent upon approval of future budgets.
2. Authorize an expenditure in an amount not to exceed $974,922 for FY 2025/26.
BACKGROUND:
The Public Works Services Department and the Procurement Division routinely issue requests for proposals to ensure vendor services remain competitive.
The updated specifications were submitted to the Procurement Division to prepare a formal Request for Proposals (RFP). Procurement prepared and posted RFP #25/26-006 for Park Mowing and Facility Landscape Maintenance. There were 369 vendors notified; 36 prospective bidders downloaded or viewed the bid package, and eight (8) responses were received.
ANALYSIS:
An evaluation committee of City staff conducted a thorough analysis of the RFP responses and scored and ranked the eight (8) responsive proposals in accordance with the RFP evaluation criteria listed in Table 1. Cost is just one factor in the evaluation of RFP responses; therefore the low bidder will not necessarily be awarded a contract. Table 2. Reflects the vendor rankings.
2 9
8 0
Table 1. Evaluation Criteria for Written Proposals
Criteria Description Weight
Vendor Expertise 10%
Quality of proposed goods or services 15%
Extent to which the Vendor’s goods or services
meet the City’s and RCFPD’s needs
25%
Vendor’s history and resources available to
provide the required services
15%
Experience and professional qualifications of
staff
20%
Cost 15%
Table 2. Vendor Ranking with Cost for Written Proposals Rank Vendor Score
1 Mariposa Landscapes, Inc. 82
2 Greenfield Management 79
2 Colts Landscape, Inc. 79
2 BrightView Landscape Services 79
3 Stay Green, Inc. 72
4 New Generation Landscape Maintenance Inc. 65
5 JAS Landscapes LLC 64
6 US Landscape Inc. 53
Based on the ranking, Mariposa Landscapes, Inc of Irwindale, California was determined to be the most responsive contract providing the best value while meeting the scope of services and specifications required. Therefore, staff recommends City Council approve award and authorize the execution of a professional services agreement for LMD-1 Parks Landscape and Maintenance to Mariposa Landscapes Inc., of Irwindale, California, effective October 1, 2025 for a one-year term with an option to renew in one (1) year increments up to a total of six (6) additional years, in an amount not to exceed $974,922 for FY 2025/26, and an estimated $7,762,435 over seven years, contingent upon approval of future budgets.
The charts below have been prepared to illustrate the estimated annual funding requirements for the full contract term. Please note, this is only an estimate, and the amounts below could vary.
City Funding
Fiscal Year Prior Year Costs Est. Annual
Increase (4%) Est. Total Costs
FY 2025/26 Year 1 N/A $844,922
FY 2026/27 $844,922 $33,800 $878,722
FY 2027/28 $878,722 $35,150 $913,872
FY 2028/29 $913,872 $36,560 $950,432
FY 2029/30 $950,432 $38,020 $988,452
FY 2030/31 $988,452 $39,540 $1,027,992
FY 2031/32 $1,027,992 $41,120 $1,069,112
Estimated Grand Total $6,673,505
2 9
8 0
RCFPD Funding
Fiscal Year Prior Year Costs Est. Annual
Increase (4%) Est. Total Costs
FY 2025/26 Year 1 N/A $130,000
FY 2026/27 $130,000 $5,200 $135,200
FY 2027/28 $135,200 $5,410 $140,610
FY 2028/29 $154,670 $6,190 $160,860
FY 2029/30 $160,860 $6,440 $167,300
FY 2030/31 $167,300 $6,700 $174,000
FY 2031/32 $174,000 $6,960 $180,960
Estimated Grand Total $1,088,930
A copy of the proposed agreement is attached hereto.
FISCAL IMPACT:
The approved FY 25/26 Budget includes sufficient funding for Park Mowing and Facility Landscape Maintenance in several contract services line items.
The contract spending limit of $974,922 includes a contingency of $76,810 for unforeseen work resulting from wind events or other emergencies.
COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:
This item addresses the City Council’s core values of promoting and enhancing a safe and healthy community for all, while providing high quality outdoor spaces.
ATTACHMENTS:
Attachment 1 - Proposed Agreement
CITY OF RANCHO CUCAMONGA
PUBLIC WORKS SERVICES DEPARTMENT
CONTRACT
MARIPOSA LANDSCAPES, INC.
FOR
PARK MOWING AND FACILITY LANDSCAPE AND
MAINTENANCE
AWARD DATE:
September 3, 2025
City of Rancho Cucamonga
CONTRACT NUMBER
2025-114
ATTACHMENT 1
Vendor Initials PSA without professional liability insurance (contractor) Last Revised:8/15/24
AGREEMENT FOR PROFESSIONAL
SERVICES
THIS AGREEMENT is made and entered into this 1st day of October, 2025, by and between the City of Rancho Cucamonga, a municipal corporation (“City”) and the Rancho Cucamonga Fire Protection District (“RCFPD”) and Mariposa Landscapes, Inc., a corporation (“Contractor”).
RECITALS
A. City and RCFPD have heretofore issued their request for proposals to perform the following services: P ark Mowing and Facility Landscape Mainten ance (RFP 25/26-006) (“the Project”).
B. Contractor has submitted a proposal to perform the services described in Recital “A”, above, necessary to complete the Project.
C. City and RCFPD desire to engage Contractor to complete the Project in the manner set forth and more fully described herein.
D. Contractor represents that it is fully qualified and licensed under the laws of the State of California to perform the services contemplated by this Agreement in a good and professional manner.
AGREEMENT
NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows:
1. Contractor’s Services.
1.1 Scope and Level of Services . Subject to the terms and conditions set forth in this Agreement, City and RCFPD hereby engage Contractor to perform all services described in Recitals “A” and “B” above, including, but not limited to landscape and irrigation maintenance; all as more fully set forth in RFP 25/26-006, attached hereto as Exhibit A , Contractor’s proposal, dated June 5, 2025 attached hereto as Exhibit B, and Schedule of Lump Sum and Unit Costs attached hereto as Exhibit C, hereinafter entitled “Scope of Work”, and incorporated by reference herein. The nature, scope, and level of the services required to be performed by Contractor are set forth in the Scope of Work and are referred to herein as “the Services.” In the event of any inconsistencies between the Scope of Work and this Agreement, the terms and provisions of this Agreement shall control.
1.2 Revisions to Scope of Work. Upon request of the City and RCFPD, the Contractor will promptly meet with City and RCFPD staff to discuss any revisions to the Project desired by the City and RCFPD. 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 City of Rancho Cucamonga
CONTRACT NUMBER
2025-114
Vendor Initials PSA without professional liability insurance (contractor) Last Revised:8/15/24
not increase the total cost payable to Contractor by more than ten percent (10%) of the total compensation specified in Section 3, may be approved in writing by City’s Manager without amendment.
1.3 Time for Performance . Contractor shall perform all services under this Agreement in a timely, regular basis consistent with industry standards for professional skill and care, and in accordance with any schedule of performance set forth in the Scope of Work, or as set forth in a “Schedule of Performance”, if such Schedule is attached hereto as Exhibit “N/A”.
1.4 Standard of Care. As a material inducement to City and RCFPD 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 and RCFPD of such fact and shall not proceed except at Contractor’s risk until written instructions are received from the City and RCFPD Representative.
2. Term of Agreement. The term of this Agreement shall become effective as of the date of the mutual execution by way of both party’s signature (the “Effective Date”) through June 30, 2026. No work shall be conducted; service or goods will not be provided until this Agreement has been executed and requirements have been fulfilled.
Parties to this Agreement shall have the option to renew in one (1) year increments to a total of six (6) additional years, unless sooner terminated as provided in Section 14 herein. Prior to entering into an agreement for an annual extension the Contractor may request a Cost-of-living Increase in an amount not to exceed the increase in the March index of the Consumer Price Index All Urban Consumers for the Riverside-San Bernardino-Ontario, California area published by the U.S. Department of Labor, Bureau of Labor Statistics. Options to renew are contingent upon the City Manager’s approval, subject to pricing review, and in accordance with all Terms and Conditions stated herein unless otherwise provided in writing by the City and RCFPD.
3. Compensation.
3.1 Compensation. City and RCFPD shall compensate Contractor as set forth in Exhibit A, provided, however, that full, total and complete amount payable to Contractor shall not exceed eight hundred forty-four thousand, nine hundred twenty -two dollars ($844,922) for services during the City and RCFPD fiscal year ending June 30, 2026 and one hundred thirty thousand dollars ($130,000) for services during the City and RCFPD fiscal year ending June 30, 2026, including all out of pocket expenses, unless additional compensation is approved by the City
Vendor Initials PSA without professional liability insurance (contractor) Last Revised:8/15/24
Manager or City Council. City and RCFPD shall not withhold any federal, state or other taxes, or other deductions.
However, City and RCFPD shall withhold not more than ten percent (10%) of any invoice amount pending receipt of any deliverables reflected in such invoice. Under no circumstance shall Contractor be entitled to compensation for services not yet satisfactorily performed, or goods or products not yet received.
The parties further agree that compensation may be adjusted in accordance with Section 1.2 to reflect subsequent changes to the Scope of Services. City and RCFPD shall compensate Contractor for any authorized extra services as set forth in Exhibit A.
3.2 Compensation Limit. Maintenance and Repair Services. If the Services include repair work, then the maximum compensation payable during the term of this Agreement, or any renewal term, for work consisting of “repair”, is the lower of $60,000, or the amount set forth in Section 3.1, above. See R.C.M.C Section 3.08.110.B. For avoidance of doubt, “maintenance” includes, but is not limited to, routine, recurring, and usual work for the preservation or protection of any City or RCFPD owned or operated facility for its intended purposes. “Repair” work includes, but is not limited to, non- routine, non-recurring, and/or work to maintain equipment or facilities that is unexpected, and may include replacement of equipment or components thereof. See California Public Contract Code Section 22002(d). It is Contractor’s responsibility to ensure that the cost of repair work performed and invoiced by Contractor does not exceed the foregoing limit. Contractor shall consult with City and RCFPD should Contractor have any question whether work is repair work prior to performing the same.
4. Method of Payment.
4.1 Invoices. Contractor shall submit to City and RCFPD monthly invoices for the Services performed pursuant to this Agreement. The invoices shall describe in detail the Services rendered during the period and shall separately describe any authorized extra services. Repair work, if any, shall be specifically identified, including all charges related thereto. Any invoice claiming compensation for extra services shall include appropriate documentation of prior authorization of such services. All invoices shall be remitted to the City of Rancho Cucamonga, California.
4.2 City and RCFPD shall review such invoices and notify Contractor in writing within ten (10) business days of any disputed amounts.
4.3 City and RCFPD shall pay all undisputed portions of the invoice within thirty (30) calendar days after receipt of the invoice up to the not-to-exceed amounts set forth in Section 3.
4.4 All records, invoices, time cards, cost control sheets and other records maintained by Contractor relating to services hereunder shall be available for review and audit by the City and RCFPD.
5. Representatives.
5.1 City and RCFPD Representative. For the purposes of this Agreement, the
Vendor Initials PSA without professional liability insurance (contractor) Last Revised:8/15/24
contract administrator and City ’s and RCFPD’s representative shall be M aritza Martinez, Public Works Services Director, or such other person as designated in writing by the City and RCFPD (“City and RCFPD Representative”). It shall be Contractor’s responsibility to assure that the City and RCFPD 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 and RCFPD to the City and RCFPD Representative. Unless otherwise specified herein, any approval of City and RCFPD required hereunder shall mean the approval of the City and RCFPD Representative.
5.2 Contractor Representative. For the purposes of this Agreement, Terry Noriega, President is hereby designated as the principal and representative of Contractor authorized to act in its behalf with respect to the services specified herein and make all decisions in connection therewith (“Contractor’s Representative”). It is expressly understood that the experience, knowledge, capability and reputation of the Contractor’s Representative were a substantial inducement for City and RCFPD 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 serv ices hereunder. Contractor may not change the Responsible Principal without the prior written approval of City and RCFPD.
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 and RCFPD 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 t he 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 RCFPD and its elected officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of City and RCFPD officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Contractor’s violations of personnel practices and/or any violation of the California Labor Code. City and RCFPD shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City and RCFPD from Contractor as a result of Contractor’s failure to promptly pay to City and RCFPD any reimbursement or indemnification arising under this Section 6.
Vendor Initials PSA without professional liability insurance (contractor) Last Revised:8/15/24
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 and RCFPD. Subject to the provisions of Section 14, upon payment being made, all Work Product shall be and remain the property of City and RCFPD without restriction or limitation upon its use or dissemination by City and RCFPD. Basic survey notes, sketches, ch arts, computations and similar data prepared or obtained by Contractor under this Agreement shall, upon request, be made available to City and RCFPD. 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 and RCFPD. Under no circumstances shall Contractor fail to deliver any draft or final designs, plans, drawings, reports or specifications to City and RCFPD upon written demand by City and RCFPD for their delivery, notwithstanding any disputes between Contractor and City and RCFPD concerning payment, performance of the contract, or otherwise. This covenant shall survive the termination of this Agreement. City and RCFPD’s reuse of the Work Product for any purpose other than the Project, shall be at City and RCFPD’s sole risk.
7.2. Assignment of Intellectual Property Interests: Upon execution of this Agreement and to the extent not otherwise conveyed to City and RCFPD by Section 7.1, above, the Contractor shall be deemed to grant and assign to City and RCFPD, and shall require all of its subcontractors to assign to City and RCFPD, all ownership rights, and all common law and statutory copyrights, trademarks, and other intellectual and proprietary property rights relating to the Work Product and the Project itself, and Contractor shall disclaim and retain no rights whatsoever as to any of the Work Product, to the maximum extent permitted by law. City and RCFPD shall be entitled to utilize the Work Product for any and all purposes, including but not limited to constructing, using, maintaining, altering, adding to, restoring, rebuilding and publicizing the Project or any aspect of the Project.
7.3 Title to Intellectual Property . 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 and RCFPD has full legal title to and the right to reproduce any of the Work Product. Contractor shall defend, indemnify and hold City and RCFPD, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City and RCFPD officials, harmless from any loss, claim or l iability in any way related to a claim that City and RCFPD’s use is violating federal, state or local laws, or any contractual provisions, relating to trade names, licenses, franchises, patents or other means of protecting intellectual property rights and/or interests in products or inventions. 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 and RCFPD’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 and RCFPD the right to continue using the Work Product by suspension of any
Vendor Initials PSA without professional liability insurance (contractor) Last Revised:8/15/24
injunction or by procuring a license or licenses for City and RCFPD; or (b) modify the Work Product so that it becomes non-infringing. This covenant shall survive the termination of this Agreement.
8. Status as Independent Contractor. Contractor is, and shall at all times, remain as to City and RCFPD, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City and RCFPD or otherwise act as an agent of City and RCFPD.
Neither City and RCFPD nor any of its agents shall have control over the conduct of 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 and RCFPD. Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and to defend, indemnify and hold City and RCFPD harmless from any and all taxes, assessments, penalties, and interest asserted against City and RCFPD by reason of the independent contractor relationship created by this Agreement. 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 and RCFPD employees. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provi ded for performance of this Agreement are confidential and shall not be disclosed by Contractor without prior written authorization by City and RCFPD. City and RCFPD shall grant such authorization if applicable law requires disclosure. All C ity and RCFPD data shall be returned to City and RCFPD 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 and RCFPD 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 and RCFPD shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the
Vendor Initials PSA without professional liability insurance (contractor) Last Revised:8/15/24
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 and RCFPD 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 and RCFPD, even if such interest would not be deemed a prohibited “conflict of interest” under applicable laws as described in subsection 10.1.
11. Indemnification.
11.1 To the maximum extent permitted by law, the Contractor shall defend, indemnify and hold the City and RCFPD, and their elected officials, officers, employees, servants, volunteers, and agents serving as independent contractors in the role of City and/or RCFPD officials (collectively, “Indemnitees”), free and harmless with respect to any and all damages, liabilities, losses, liens, stop notices, 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 and RCFPD’s choice, and shall pay all costs and expenses, including actual attorney’s fees and experts’ costs incurred in connection with such defense. The indemnification obligation herein shall not in any way be limited by the insurance obligations contained in this Agreement provided, however, that the Contractor shall have no obligation to indemnify for Claims arising out of the sole negligence or willful misconduct of any of the Indemnitees.
11.2 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City and RCFPD, or the deposit with City and RCFPD, 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 Liability Insurance. Contractor shall procure and maintain in full force and effect for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services hereunder by
Vendor Initials PSA without professional liability insurance (contractor) Last Revised:8/15/24
Contractor, and/or its agents, representatives, employees, or subcontractors.
12.2 Minimum Scope of Insurance. Unless otherwise approved by City and RCFPD, coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).
(3) Worker’s Compensation insurance as required by the State of California, and Employer’s Liability Insurance.
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 and RCFPD. No representation is made that the minimum Insurance requirements of this Agreement are sufficient to cover the obligations of the Contractor under this agreement.
12.4 Deductibles and Self -Insured Retentions. Any deductibles or self - insured retentions must be declared to and approved by the City and RCFPD and shall not reduce the limits of coverage. City and RCFPD reserve 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
Vendor Initials PSA without professional liability insurance (contractor) Last Revised:8/15/24
contain the following provisions on a separate additionally insured endorsement naming the City, RCFPD, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City and RCFPD officials, as addi tional 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, RCFPD, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City and/or RCFPD 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, RCFPD, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City and/or RCFPD officials.
Any insurance or se lf-insurance maintained by City, RCFPD, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City and /or RCFPD officials shall be in excess of Contractor’s insurance and shall not contribute with it.
(3) Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
(4) Contractor shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self -insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Contractor shall forthwith obtain and submit proof of substitute insurance. Should Contractor fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City and RCFPD may procure such insurance at Contractor’s sole cost and expense.
(5) Each insurance policy required by this clause shall expressly waive the insurer’s right of subrogation against City and RCFPD, its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City and/or RCFPD officials.
(6) Each policy shall be issued by an insurance company approved in writing by City and RCFPD, which is admitted and licensed to do business in the State of California and which is rated A:VII or better
Vendor Initials PSA without professional liability insurance (contractor) Last Revised:8/15/24
according to the most recent A.M. Best Co. Rating Guide.
(7) Each policy shall specify that any failure to comply with reporting or other provisions of the required policy, including breaches of warranty, shall not affect the coverage required to be provided.
(8) Each policy shall specify that any and all costs of adjusting and/or defending any claim against any insured, including court costs and attorneys' fees, shall be paid in addition to and shall not deplete any policy limits.
(9) Contractor shall provide any and all other insurance, endorsements, or exclusions as required by the City and RCFPD 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 and RCFPD with certificates and original endorsements, or copies of each required policy, effecting and evidencing the insurance coverage required by this Agreement including (1) Additional Insured Endorsement(s), (2) Worker’s Compensation waiver of subrogation endorsement, and (3) General liability declarations or endorsement page listing all policy endorsements. The endorsements shall be signe d by a person authorized by the insurer(s) to bind coverage on its behalf. All endorsements or policies shall be received and approved by the City and RCFPD before Contractor commences performance. If performance of this Agreement shall extend beyond one year, Contractor shall provide City and RCFPD with the required policies or endorsements evidencing renewal of the required policies of insurance prior to the expiration of any required policies of insurance.
12.7 Contractor agrees to include in all contracts with all subcontractors performing work pursuant to this Agreement, the same requirements and provisions of this Agreement including the indemnity and insurance requirements to the extent they apply to the scope of any such subcontractor’s work. Contractor shall require its subcontractors to be bound to Contractor and City and RCFPD in the same manner and to the same extent as Contractor is bound to City and RCFPD pursuant to this Agreement, and to require each of its subcontractors to include these same provisions in its contract with any sub-subcontractor.
13. Cooperation. In the event any claim or action is brought against City and RCFPD relating to Contractor’s performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation that City and RCFPD might require. City a nd RCFPD shall compensate Contractor for any litigation support services in an amount to be agreed upon by the parties.
14. Termination. City and RCFPD shall have the right to terminate this Agreement at any time for any or no reason on not less than ten (10) days prior written notice to Contractor. In the event City and RCFPD exercises its right to terminate this Agreement, City and RCFPD shall pay Contractor for any services satisfactorily rendered prior to the effective date of the termination, provided Contractor is not then in breach of this Agreement. Contractor shall have no other claim against City
Vendor Initials PSA without professional liability insurance (contractor) Last Revised:8/15/24
and RCFPD by reason of such termination, including any claim for compensation. City and RCFPD may terminate for cause following a default remaining uncured more than five (5) business days after service of a notice to cure on the breaching party. In such event , complete ownership of all Work Product and related intellectual property rights shall immediately be deemed vested in, and/or otherwise assigned to, City and RCFPD as provided in Sections 7.1 and 7.2, whether or not full payment therefor has been made.
Contractor may terminate this Agreement for cause upon giving the City and RCFPD ten (10) business days prior written notice for any of the following: (1) uncured breach by the City and RCFPD of any material term of this Agreement, including but not limited to Payment Terms; (2) material changes in the conditions under which this 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 and RCFPD’s regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses set forth in this Section, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section.
All notices shall be addressed as follows:
If to City and RCFPD: Maritza Martinez
City of Rancho Cucamonga
Public Works Services Department
8794 Lion Street
Rancho Cucamonga, CA 91730
If to Contractor: Terry Noriega
Mariposa Landscapes, Inc.
6332 Santo Diaz Street
Irwindale, CA, 91702
16. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Contractor shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handic ap, 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 and RCFPD’s prior written consent. Except as provided herein, any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect.
Vendor Initials PSA without professional liability insurance (contractor) Last Revised:8/15/24
18. Compliance with Laws; Bonds.
18.1 Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Services.
18.2 California Labor Code Compliance. If the Services consist of maintenance, repair, or any other work constituting a “public work” as defined in California Labor Code Sections 1720, et seq., and 1771, then Contractor shall comply with the Labor Code requirements set forth in Exhibit “D” attached hereto.
18.3 Payment and Performance Bonds.
Payment Bond - Required � Not required �
Performance Bond - Required � Not required �
(1) If required in the RFP or other solicitation document, Contractor shall provide a payment bond and a performance bond in an amount not less than the total contract amount. Notwithstanding the foregoing, if the Services consist of repair work costing or expected to cost more than $25,000 during the term hereof, or any renewal term, then, pursuant to California Civil Code Section 9550, Contractor shall provide a payment bond in an amount not less than the total cost attributable to such repair work.
(2) Contractor may be required to increase any required bond amount, or obtain a new bond, to reflect unanticipated increases in costs of the Services.
(3) If the Services include maintenance and repair services, the total contract amount shall be utilized for determining the required bond amounts.
(4) If one or more bonds are required, the bond forms shall be attached to this Agreement.
(5) Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City and RCFPD. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City and RCFPD.
Vendor Initials PSA without professional liability insurance (contractor) Last Revised:8/15/24
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 and RCFPD of any payment to Contractor constitute or be construed as a waiver by City and RCFPD of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City and RCFPD shall in no way impair or prejudice any right or remedy available to City and RCFPD with regard to such breach or default.
20. Attorney’s Fees . In the event that either 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 in this Agreement , including attachments and exhibits, are hereby incorporated in this Agreement. In the event of any material discrepancy conflict 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 legal action relating to this Agreement shall be in the San Bernardino County Superior Court.
23. Construction. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement.
24. Entire Agreement . This Agreement consists of this document, and any other documents, attachments and/or exhibits referenced herein and attached hereto, each of which is incorporated herein by such reference, and the same represents the entire and integrated agreement between Contractor, and City and RCFPD. 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.
25. Time Is of the Essence. Time is of the essence in every provision of this Agreement.
Vendor Initials PSA without professional liability insurance (contractor) Last Revised:8/15/24
IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above.
Contractor Name:
_________________________
[use this signature block if the contractor is a corporation]
__________________________________ ______________________________ □ Chairperson □ President □ Vice President □ Secretary □ Asst. Secretary □ Chief Finance Officer □ Asst. Treasurer
[Pursuant to California Corporations Code Section 313, both signature lines must be executed unless the signatory holds at least one of the offices designated on each line.]
[use this signature block if the contractor is a limited liability company]
____________________________________ ____________________________________ Manager Manager
[Pursuant to California Corporations Code Section 17703.01(d), both signature lines must be executed unless the articles of incorporation state that the firm is managed by only one manager.]
City of Rancho Cucamonga
By:
Name Date
Title
Rancho Cucamonga Fire Protection District
By:
Name Date
Title
Vendor Initials PSA without professional liability insurance (contractor) Last Revised:8/15/24
ATTACHMENTS
• Attachment A – Sample Additional Insured Endorsement, Ongoing Operations • Attachment B – Sample Additional Insured Endorsement, Completed Operations • Attachment C – Sample Waiver of Subrogation
Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 10/02/13
Attachment A – Sample Additional Insured Endorsement, Ongoing Operations
Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 10/02/13
Attachment B – Sample Additional Insured Endorsement, Completed Operations
Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 10/02/13
Attachment C – Sample Waiver of Subrogation
Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 10/02/13
SCOPE OF WORK
Scope of Work Contents:
• Exhibit A – RFP 25/26-006
• Exhibit B – Contractor’s proposal, dated June 5, 2025 • Exhibit C – Unit Costs
• Exhibit D – California Labor Code Compliance
REQUEST FOR PROPOSAL (“RFP”) #25/26-006
FOR
PARK MOWING AND FACILITY LANDSCAPE MANTENANCE
City of Rancho Cucamonga
Procurement Division
10500 Civic Center Drive
Rancho Cucamonga, California 91730
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #25/26-006
for
Park Mowing and Facility Landscape Maintenance
__________________________________________________________________________________________________ __________________________________________________________________________________________________
Table of Contents
1. OVERVIEW ............................................................................................................................................... 6
1.1. GENERAL BACKGROUND ............................................................................................................................. 6
1.2. PROPOSAL DELIVERY AND SCHEDULE OF EVENTS ............................................................................................. 6
1.3. DISCREPANCIES OR OMISSIONS .................................................................................................................... 7
1.4. CONTINGENCIES ........................................................................................................................................ 7
1.5. QUESTIONS AND CLARIFICATIONS ................................................................................................................. 7
1.6. DISPOSITION OF MATERIAL AND CONFIDENTIAL OR PROPRIETARY INFORMATION ................................................. 8
1.7. BRAND NAMES ......................................................................................................................................... 8
1.8. KNOWLEDGE OF REQUIREMENTS .................................................................................................................. 8
1.9. RESERVATION OF RIGHTS ............................................................................................................................ 8
1.10. CALIFORNIA'S PUBLIC RECORDS ACT ............................................................................................................. 9
2. MINIMUM REQUIREMENTS ........................................................................................................................ 10
2.1. BUSINESS LICENSE .................................................................................................................................... 10
2.2. PREVAILING WAGES ................................................................................................................................. 10
2.3. REPRESENTATIVES .................................................................................................................................... 10
2.4. EMPLOYEE CONDUCT................................................................................................................................ 11
3. RFP RESPONSE FORMAT AND SUBMISSION REQUIREMENTS ............................................................................... 12
3.1. COVER LETTER / INTRODUCTION ................................................................................................................ 12
3.2. TABLE OF CONTENTS ................................................................................................................................ 12
3.3. PROJECT UNDERSTANDING AND APPROACH ................................................................................................. 12
3.4. QUALIFICATIONS AND EXPERIENCE .............................................................................................................. 12
3.5. PROJECT TEAM ........................................................................................................................................ 13
3.6. STAFFING LEVELS ..................................................................................................................................... 13
3.7. THIRD-PARTY / SUBCONTRACTORS ............................................................................................................. 14
3.8. PROPOSAL RESPONSE ............................................................................................................................... 14
3.9. EXHIBITS A THROUGH H ............................................................................................................................ 14
3.10. NON-DISCLOSURE CONFLICT OF INTEREST .................................................................................................... 14
3.11. PROFESSIONAL SERVICE AGREEMENT .......................................................................................................... 14
3.12. ACKNOWLEDGEMENT OF INSURANCE .......................................................................................................... 15
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #25/26-006
for
Park Mowing and Facility Landscape Maintenance
__________________________________________________________________________________________________ __________________________________________________________________________________________________
3.13. ADDENDUM ACKNOWLEDGEMENT .............................................................................................................. 15
3.14. DEBARMENT AND SUSPENSION .................................................................................................................. 15
3.15. PARTICIPATION CLAUSE ............................................................................................................................ 15
3.16. SIGNATURE OF AUTHORITY ........................................................................................................................ 16
3.17. COMPANY REFERENCES............................................................................................................................. 16
3.18. LINE-ITEM PRICING .................................................................................................................................. 16
3.19. TARIFF IMPACT VERIFICATION BEFORE ADJUSTMENTS .................................................................................... 16
3.20. INDEXED PRICING WITH MARKET BENCHMARKING ........................................................................................ 16
3.21. TARIff REFUND AND PRICE REDUCTION CLAUSE ............................................................................................ 17
4. PROJECT DESCRIPTION AND SCOPE OF SERVICES ............................................................................................... 17
4.1. PROJECT DESCRIPTION .............................................................................................................................. 17
4.2. EXAMINATION OF PLANS, SPECIFICATION, AND SITE OF WORK ........................................................................ 17
4.3. CONTRACTOR’S LICENSE ............................................................................................................................ 18
4.4. COMPETENCY OF VENDOR ......................................................................................................................... 18
4.5. CONTRACT TERM ..................................................................................................................................... 18
4.6. BONDS ................................................................................................................................................... 18
4.7. SUPERVISION AND STAFF ........................................................................................................................... 18
4.8. PREVAILING WAGE .................................................................................................................................. 18
4.9. COMMUNICATIONS .................................................................................................................................. 19
4.10. NON-RESPONSIVENESS OF CONTRACTOR ..................................................................................................... 19
4.11. SERVICE LEVELS ....................................................................................................................................... 19
4.12. SCHEDULING OF WORK ............................................................................................................................. 20
4.13. UNDERGROUND SERVICE ALERT ................................................................................................................. 20
4.14. MEASUREMENT AND PAYMENT .................................................................................................................. 20
4.15. DEDUCTIONS ........................................................................................................................................... 22
4.16. DEFICIENT PERFORMANCE – NOTIFICATION AND CORRECTIVE ACTION .............................................................. 24
4.17. WORK SITES: BASE BID ............................................................................................................................ 25
4.18. ADDITIONS ............................................................................................................................................. 26
4.19. QUALITY OF WORK .................................................................................................................................. 26
4.20. INSPECTIONS ........................................................................................................................................... 26
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #25/26-006
for
Park Mowing and Facility Landscape Maintenance
__________________________________________________________________________________________________ __________________________________________________________________________________________________
4.21. REPLACEMENT OF LANDSCAPE MATERIALS & CITY PROPERTY.......................................................................... 26
4.22. UTILITY BILLS .......................................................................................................................................... 27
4.23. CONFORMING TO STATE AND FEDERAL GUIDELINES FOR STORMWATER POLLUTION PREVENTION .......................... 27
4.24. PERMITS ................................................................................................................................................ 27
4.25. WORK AREA TRAFFIC CONTROL ................................................................................................................. 27
4.25.1. TRAFFIC CONTROL PERMIT ...................................................................................................................... 27
4.25.2. SIGNS, BARRICADES, AND DELINEATORS .................................................................................................... 27
4.25.3. TRAINING ............................................................................................................................................. 27
4.26. ROUTINE MAINTENANCE........................................................................................................................... 28
4.26.1. TURF MAINTENANCE .............................................................................................................................. 28
4.26.2. SHRUB, GROUNDCOVER, DECOMPOSED GRANITE (DG) AND VINE MAINTENANCE ............................................ 30
4.26.2.1. SHRUB MAINTENANCE........................................................................................................................ 31
4.26.2.2. GROUND COVER MAINTENANCE .......................................................................................................... 32
4.26.2.3. DECOMPOSED GRANITE (DG) .............................................................................................................. 33
4.26.2.4. VINE MAINTENANCE .......................................................................................................................... 34
4.26.2.5. TREE MAINTENANCE .......................................................................................................................... 35
4.26.3. IRRIGATION MAINTENANCE ..................................................................................................................... 37
4.26.3.1. GENERAL .......................................................................................................................................... 37
4.26.3.2. SHRUB BEDS & PLANTER AREAS........................................................................................................... 38
4.26.3.3. TURF AREAS ..................................................................................................................................... 38
4.26.3.4. NEW PLANT MATERIALS ..................................................................................................................... 39
4.26.3.5. REPAIRS AND REPLACEMENT ................................................................................................................ 39
4.26.4. PEST CONTROL ...................................................................................................................................... 39
4.26.5. TRAIL MAINTENANCE ............................................................................................................................. 41
4.26.6. HARDSCAPE MAINTENANCE .................................................................................................................... 42
4.26.7. MULCHSCAPE MAINTENANCE .................................................................................................................. 42
4.26.8. SPORTS FIELD MAINTENANCE .................................................................................................................. 43
4.26.9. PLAYGROUND MAINTENANCE .................................................................................................................. 43
4.26.10. PICNIC AREA MAINTENANCE ............................................................................................................... 43
4.26.11. HARD COURT MAINTENANCE .............................................................................................................. 44
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #25/26-006
for
Park Mowing and Facility Landscape Maintenance
__________________________________________________________________________________________________ __________________________________________________________________________________________________
4.26.12. RESTROOM MAINTENANCE ................................................................................................................. 44
4.26.13. PIPE CHASE MAINTENANCE ................................................................................................................. 45
4.26.14. DRINKING FOUNTAIN MAINTENANCE .................................................................................................... 45
4.26.15. TRASH RECEPTACLE MAINTENANCE ...................................................................................................... 45
4.26.16. TRASH ENCLOSURE MAINTENANCE ....................................................................................................... 46
4.26.17. GRAFFITI REMOVAL (All Service Levels) ............................................................................................. 46
4.26.18. DRAINS (All Service Levels) ............................................................................................................. 46
4.26.19. STORM DEBRIS CLEANUP .................................................................................................................... 46
4.26.20. DEBRIS AND TRASH REMOVAL ............................................................................................................. 47
4.26.21. CLEAN-UP (All Service Levels) ......................................................................................................... 47
4.27. EXTRA WORK .......................................................................................................................................... 47
5. EVALUATION AND CONTRACTOR SELECTION PROCESS ........................................................................................ 48
5.1. INITIAL SCREENING ................................................................................................................................... 48
5.2. EVALUATION ACTIVITIES ........................................................................................................................... 48
5.3. COST EVALUATION ................................................................................................................................... 49
5.4. REFERENCE CHECKS .................................................................................................................................. 49
5.5. PRESENTATIONS / ORAL BOARD INTERVIEWS ............................................................................................... 49
5.6. FINANCIAL DOCUMENTATION .................................................................................................................... 49
5.7. BEST AND FINAL OFFER ............................................................................................................................. 50
5.8. CONTRACTOR SELECTION .......................................................................................................................... 50
5.9. LETTER OF INTENT TO AWARD .................................................................................................................... 50 “EXHIBIT A, CITY OF RANCHO CUCAMONGA CONFLICT OF INTEREST/NON-DISCLOSURE STATEMENT” ........ 51 “EXHIBIT B, PROFESSIONAL SERVICES AGREEMENT EXCEPTIONS SUMMARY” ............................................. 52 “EXHIBIT C, ACKNOWLEDGMENT OF INSURANCE REQUIREMENTS AND CERTIFICATION OF ABILITY TO PROVIDE AND MAINTAIN COVERAGES SPECIFIED” .................................................................................... 53 “EXHIBIT D, ADDENDUM ACKNOWLEDGEMENT” ....................................................................................... 54 “EXHIBIT E, DEBARMENT and SUSPENSION CERTIFICATION FORM” ............................................................ 55 “EXHIBIT F, PARTICIPATION CLAUSE” ......................................................................................................... 56 “EXHIBIT G, SIGNATURE OF AUTHORITY” ................................................................................................... 57 “EXHIBIT H” REFERENCES WORKSHEET ...................................................................................................... 58
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #25/26-006
for
Park Mowing and Facility Landscape Maintenance
__________________________________________________________________________________________________ __________________________________________________________________________________________________
1. OVERVIEW
1.1. GENERAL BACKGROUND
The City of Rancho Cucamonga (hereinafter “ City”) is inviting qualified Contractors (hereinafter “Contractor”) to submit a proposal response for Request for Proposals ( “RFP”) # 25/26-006 for Park Mowing and Facility Landscape Maintenance in accordance with the minimum Scope of Services and Specifications indicated herein.
Contractors wishing to participate in the RFP solicitation must be registered as a Contractor on Planet Bids through the City website at http://www.cityofrc.us/ https://www.cityofrc.us/your-government/procurement.
Only those responses received from registered Contractors will be accepted. Responses must be submitted by the named Contractor that has downloaded the RFP. Submitting a response under a Contractor name that does not appear to be on the Prospective Bidders list will be deemed as non-responsive and disqualify said response from further consideration.
1.2. PROPOSAL DELIVERY AND SCHEDULE OF EVENTS
Complete RFP responses must be received electronically via Planet Bids prior to the due date and time specified in the below Schedule of Events. Please note, there will be no paper responses accepted. The City shall not be responsible for any delays by transmission errors.
Schedule of Events
Event Description Date & Time
Post RFP May 1, 2025
Questions Due May 20, 2025, 9:00 am
Addendum Issued May 22, 2025
RFP Response Due Date June 5, 2025, 9:00 am
Evaluation Process June 10, 2025 - June 24, 2025
Short List Letter Issued TBD
Oral Board & Presentation TBD
Letter of Intent to Award TBD
Contract Award Date TBD
(The City reserves the right to change schedule of events without prior notice or responsibility to Contractor.)
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #25/26-006
for
Park Mowing and Facility Landscape Maintenance
__________________________________________________________________________________________________ __________________________________________________________________________________________________
1.3. DISCREPANCIES OR OMISSIONS
Contractors finding discrepancies or omissions in the RFP or having any doubts as to the meaning or intent of any part thereof shall submit such questions or concerns in writing electronically via Planet Bids. The City bears no responsibility for oral instructions or representations. Addenda to this RFP shall be considered a part of this RFP and shall become part of any final Contract that may be derived from this RFP.
1.4. CONTINGENCIES
This RFP should not be considered as a contract to purchase goods or services but is a Request for Proposal in accordance with the terms and conditions herein and will not necessarily give rise to a Contract. However, RFP responses should be as detailed and complete as possible to facilitate the formation of a contract based on the RFP response(s) that are pursued should the City decide to do so.
Completion of this RFP form and its associated appendices are a requirement. Failure to do so may disqualify your RFP response submittal. Contractor s must submit signed RFP responses by the due date and time as specified herein. Contractor s will be considered non -responsive if the above requirements are not submitted as requested.
Any scope of services, contingencies, special instruction and/or terms and conditions applicable to this RFP and any purchase order derived thereafter shall be effective as of the issue date of a p urchase order for the requested work (the “Effective Date”), and shall remain in full force and effect until sixty (60) days after the City has accepted the work in writing and has made final payment, unless sooner terminated by written agreement signed by both parties.
1.5. Q
UESTIONS AND CLARIFICATIONS
All questions or clarification requests must be submitted directly through the City’s bid system no later than the due date and time indicated in the above Schedule of Events. Answers and/or clarifications will be provided in the form of an Addendum and will be posted for download from the City ’s bid system in accordance with the above “Schedule of Events”.
From the issuance date of this RFP until a Contractor is awarded, Contractors are not permitted to communicate with any City staff or officials regarding this procurement, other than during interviews, demonstrations, and/or site visits, except at the direction of Ruth Cain, Procurement Manager, the designated representative of the City of Rancho Cucamonga.
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #25/26-006
for
Park Mowing and Facility Landscape Maintenance
__________________________________________________________________________________________________ __________________________________________________________________________________________________
1.6. DISPOSITION OF MATERIAL AND CONFIDENTIAL OR PROPRIETARY INFORMATION All materials submitted in response to th is RFP solicitation will become the property of the City and will be returned only at the City ’s option and at the expense of the Contractor submitting the RFP response. A copy of the RFP response will be retained for official files and become a public record. Any material that a Contractor considers as confidential but does not meet the disclosure exemption requirements of the California Public Records Act may be made available to the public regardless of a notation or markings of confidentiality or otherwise.
1.7. BRAND NAMES
Any reference to brand names and/or numbers in the solicitation is intended to be descriptive, but not restrictive, unless otherwise specified. RFP responses offering equivalent items meeting the standards of quality specified may be considered, unless other specified, providing the RFP response clearly describes the article offered and how it differs from the referenced brand. Unless a Contractor specifies otherwise, it is understood that the Contractor is offering a referenced brand item as specified in the solicitation. The City reserves the right to determine whether a substitute offer is equivalent to and meets the standards of quality indicated by the brand name references, and the City may require the supply of additional descriptive material and a sample.
1.8. K
NOWLEDGE OF REQUIREMENTS
The Contractor shall carefully review all documents referenced and made a part of the solicitation document to ensure that all information required to properly respond has been submitted or made available and all requirements are priced in the RFP response. Failure to examine any documents, drawings, specifications, or instructions will be at the Contractor’s sole risk.
Contractors shall be responsible for knowledge of all items and conditions contained in their RFP responses and in this RFP, including any City issued clarifications, modifications, amendments, or addenda. The City will provide notice of any changes and clarifications to perspective Contractors by way of addenda to Planet Bids; however, it is the Contractor ’s responsibility to ascertain that the RFP response includes all addenda issued prior to the RFP due date.
1.9. RESERVATION OF RIGHTS
The issuance of this RFP does not constitute an agreement by the City that any contract will be entered by the City. The City expressly reserves the right at any time to:
• Waive or correct any defect or informality in any response, RFP, or RFP procedure. • Reject any or all RFPs.
• Reissue a Request for RFPs.
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #25/26-006
for
Park Mowing and Facility Landscape Maintenance
__________________________________________________________________________________________________ __________________________________________________________________________________________________
• Prior to submission deadline for RFPs, modify all or any portion of the selection procedures, including deadlines for accepting responses, the specifications or requirements for any materials, equipment, or services to be provided under this RFP, or the requirements for contents or format of the RFPs. • The City recognizes that price is only one of several criteria to be used in judging a product or service, and the City is not legally bound to accept the lowest RFP response. • The City reserves the right to conduct pre-award discussions and/or pre-Contract negotiations with any or all responsive and responsible Contractors who submit RFP responses. • Procure any materials, equipment or services specified in this RFP by any other means. • Determine that no project will be pursued.
• The City reserves the right to inspect the Contractor’s place of business prior to award or at any time during the contract term or any extension thereof, to determine the Contractor ’s capabilities and qualifications.
1.10. CALIFORNIA'S PUBLIC RECORDS ACT
The City complies with the California Public Records Act, Government Code Section 6250 et seq, Public records are open to inspection always during the office hours of the state or local agency and every person has a right to inspect any public record, except as hereafter provided. Any reasonably segregable portion of a record shall be available for inspection by any person requesting the record after deletion of the portions that are exempted by law.
Neither an RFP in its entirety, nor proposed prices shall be considered confidential and proprietary.
Notwithstanding the foregoing, companies are hereby notified that all materials submitted in response to this RFP are subject to California's Public Records Act. The City 's receipt, review, evaluation or any other act or omission concerning any such information shall not create an acceptance by the City or any obligation or duty to prevent the disclosure of any such information except as required by Government Code Section 625 3.
Companies who submit information they believe should be exempt from disclosure under the Public Records Act shall clearly mark each document as confidential, proprietary, or exempt, and state the legal basis for the exemption with supporting citations to the California Code. Pursuant to California Law, if the information is requested under the Public Records Act, the City shall make a final determination if any exemption exists for the City to deny the request and prevent disclosure. The City will withhold such information from public disclosure under the Public Records Act only if the City determines , in its sole discretion, that there is a legal basis to do so.
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #25/26-006
for
Park Mowing and Facility Landscape Maintenance
__________________________________________________________________________________________________ __________________________________________________________________________________________________
2. MINIMUM REQUIREMENTS
2.1. BUSINESS LICENSE
A selected Contractor awarded a contract shall be required to obtain a Rancho Cucamonga Business License no later than five (5) business days from notification of award prior to being issued a Purchase Order. A selected Contractor must possess and maintain all appropriate licenses/certifications necessary in the performance of duties required under this RFP and will provide copies of licenses/certifications immediately upon request throughout the term of the Contract.
2.2. PREVAILING WAGES
Where labor is required for a public work as a part of any requirement covered by this RFP, pursuant to the provisions of the Labor Code of the State of California and/or the federal Davis -Bacon Act, a selected Contractor(s) shall pay no less than those minimum wages unless an exemption applies. In certain cases, an exemption from the prevailing wage requirement may apply to the scope of work. (See Cal. Labor Code § 1720(c)(1), (5); 42 USC § 5310(a). However, the City makes no representations in this RFP that such an exemption will apply or that prevailing wages will not be required for a scope of work covered by this RFP.
2.3. R
EPRESENTATIVES
Should a selected Contractor require the services of a third-party to complete the Scope of Services indicated in this RFP, the awarded Contractor will not assign, transfer, convey or otherwise dispose of the contract or its right, title, or interest in or to the same, or any part thereof. Any attempt by the awarded Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect.
The awarded Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services including Contractor’s subcontractor. All Services shall be performed by the awarded Contractor or under the awarded Contractor ’s direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by state and local law to perform such services.
The awarded Contractor shall be responsible for payment of all employees’ and s ubcontractors’ 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.
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #25/26-006
for
Park Mowing and Facility Landscape Maintenance
__________________________________________________________________________________________________ __________________________________________________________________________________________________
In case of default by the Contractor , the City may take the following actions which shall include but not be limited to; cancellation of any purchase order, procurement of the articles or service from other sources and may deduct from unpaid balance due to the Contractor, or may bill for excess costs so paid, and the prices paid by the City shall be considered the prevailing market prices paid at the time such purchase is made, withholding of payment until final resolution. Cost of transportation, handli ng, and/or inspection on deliveries, or Contractors for delivery, which do not meet specifications, will be for the account of the Contractor.
City Representative:
For the purposes of this Agreement, the contract administrator and City ’s representative shall be__________________, or such other person as designated in writing by City (“City ’s Representative”). It shall be the Contractor’s responsibility to assure that City ’s Representative is kept informed of the progress of the performance of the services, and the Contractor shall refer any decisions that must be made by City- to-City Representative. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the City Representative.
Contractor Representative:
The response to this RFP shall designate the representative of the 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 will be a substantial inducement for City to enter into an Agreement with the Contractor. Therefore, the Contractor’s Representative shall be responsible during the term of any Agreement for directing all activities of Contractor and devoting enough time to personally supervise the services hereunder. The successful Contractor may not change the Contractor ’s Representative without the prior written approval of City ’s Representative.
2.4. EMPLOYEE CONDUCT
All Contractor personnel must observe all City regulations in effect at the location where the Services are being conducted. While on City property, the Contractor’s personnel shall be subject to oversight by City staff. Under no circumstances shall the Contractor ’s or Contractor’s sub-Contractor personnel be deemed as employees of the City. Contractor or Contractor’s subcontractor personnel shall not represent themselves to be employees of the City.
Contractor's personnel will always make their best efforts to be responsive, polite, and cooperative when interacting with representatives of the City and City employees. The Contractor 's personnel shall be required to work in a pleasant and professional manner with City employees , outside Contractor s, and the public.
Nothing contained in this RFP shall be construed as granting the Contractor the sole right to supply personal or
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #25/26-006
for
Park Mowing and Facility Landscape Maintenance
__________________________________________________________________________________________________ __________________________________________________________________________________________________
contractual services required by the City or without the proper City approval and the issuance of a Purchase Order.
3. RFP RESPONSE FORMAT AND SUBMISSION REQUIREMENTS
Completion of this RFP form and its associated Exhibits are a requirement. To be considered responsive and evaluate RFP responses fairly and completely Contractors must comply with the format and submission requirements set out in this RFP, and provide all information requested. Failure to comply with this instruction will deem said RFP response as non -responsive and will not receive further consideration in the e valuation process.
If only one RFP response is received, the City reserves the right to discard the response, re-bid or proceed with an RFP review and negotiations.
3.1. C
OVER LETTER / INTRODUCTION
RFP responses must include a cover letter including the Contractor s business name and address of Contractor and the name, mailing address, and telephone number of the contact person regarding the RFP response. The cover letter shall condense and highlight the contents of the Contractor’s RFP response to provide the Evaluation Committee with a broad understanding of the Contractor ’s approach, proposal, experience, and staffing. A signature by an authorized representative must be included on each RFP response. Said signature will be considered confirmation of the Contractor’s ability and willingness to comply with all provisions stated herein.
3.2. T
ABLE OF CONTENTS
The Table of Contents must be a comprehensive listing of the contents included in your RFP response. This section must include a clear definition of the material, exhibits and supplemental information identified by sequential page numbers and by section reference numbers. Each section of the RFP response will be separated by a title page at the beginning of each section.
3.3. P
ROJECT UNDERSTANDING AND APPROACH
Outline the Contractor ’s understanding of the project and any potential challenges or delays you foresee and ways to overcome these challenges. Describe the Contractor’s proposed approach to the scope of services listed in this RFP. Include a full, detailed task breakdown that outlines assumptions and deliverables clearly for each task. Contractors may include options or enhancements to the scope of work for the City’s consideration.
3.4. QUALIFICATIONS AND EXPERIENCE
To be considered for this project, the Contractor must have a minimum of five (5) years of experience developing, fully implementing, and/or performing similar Scope of Work. The Contractor shall demonstrate
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #25/26-006
for
Park Mowing and Facility Landscape Maintenance
__________________________________________________________________________________________________ __________________________________________________________________________________________________
their qualifications, experience, expertise, and capability to perform the requirements of this RFP. Provide an overview of the Contractor’s qualifications and experience, including. • The number of years in business, main business focus, locations that will primarily support the project. • If the Company is involved in any pending litigation that may affect its ability to provide its proposed solution or ongoing maintenance or support of its products and services. • A statement as to whether your Company is an individual proprietorship, partnership, corporation, or private nonprofit Company, and the date your company was formed or incorporated. • Five projects with a similar scope of work completed within the last five years. Must include the project scope of work, Contractor’s team members that worked on the project, and timeline of the project delivery.
• The Contractor shall provide additional information as necessary for the City to consider in the evaluation of the submitted proposal.
RFP responses are due on the date and time indicated in the above schedule of events. Submittals shall be submitted electronically via Planet Bids; no paper RFP responses will be accepted. RFP responses must include the information required by this RFP. There is no maximum page limit for this RFP.
3.5. PROJECT TEAM
This section should introduce the key staff that the Company commits to the project. A proposed Organization Chart shall be included. Submit the resumes of the individuals who will be performing the services for the City.
Resumes shall include the following information:
• Project Role,
• Length of time with the Company,
• Years of Experience,
• Licenses, registrations, and certifications as required by law to perform the Scope of Work described herein,
• Educational background,
• Experience with the minimum requirements stated herein, • Work history on similar or like projects with the other municipalities.
3.6. STAFFING LEVELS
The Contractor shall complete and submit Schedule IV, Labor Hours by Month and Job Classification. The completed Schedule IV shall list the minimum labor hours by Month and Job Classification the Contractor will provide, if a contract is awarded, to complete the routine services at the frequencies specified herein. Provision of the minimum number labor hours shall not relieve the Contractor of the responsibility to complete the regularly scheduled maintenance tasks at the frequencies specified in these specifications.
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #25/26-006
for
Park Mowing and Facility Landscape Maintenance
__________________________________________________________________________________________________ __________________________________________________________________________________________________
“Extra work” projects shall require the assignment of additional staff. Staff assigned to “extra work” projects shall not be counted toward the minimum labor hours proposed for the routine, cyclical, services.
Failure to submit Schedule IV will be cause to deem the Contractor’s proposal to be non-responsive.
3.7. T
HIRD-PARTY / SUBCONTRACTORS
If the Contractor intends to subcontract any portion of the work, a detailed list of any subcontractors, partners, or third -party Contractors who will be involved in the implementation of the proposed services should be included in this section. Information provided on subcontractors Contractors shall include:
• Description of subcontractor’s role in the project.
• Description of the Contractor’s experience with each of the proposed subcontractors, • Resumes with the same format as specified above for the key team members of the subcontracting team,
• Three (3) customer references for each sub contractor to include references names, addresses, and telephone numbers, for products and services like those described in this RFP.
3.8. P
ROPOSAL RESPONSE
Under this section Contractors shall provide a full, detailed response to the City ’s Scope of Services listed herein.
Contractors should be as thorough as possible in their response as it may be the only opportunity to convey information regarding your business, ability, and qualifications to complete the services needed.
3.9. E
XHIBITS A THROUGH H
The following named Exhibits A through H are a requirement and must be complete and signed where required.
Exhibits are not to be included in your proposal response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types, Exhibits A – G and Exhibit H. Failure to comply with this instruction will deem your RFP submittal as non-responsive.
3.10. N
ON-DISCLOSURE CONFLICT OF INTEREST
Specify any possible conflicts of interest with your current clients or staff members and the City. A signed “Exhibit A, Conflict of Interest and Non- Disclosure Agreement” included herein must be submitted under the Planet Bid Response Types, Exhibits A – G.
3.11. PROFESSIONAL SERVICE AGREEMENT
In addition to the acceptance of the City ’s Terms and Conditions, the successful Contractor will be required to enter into a Professional Services Agreement (“PSA”) with the City, a “Sample” of which is attached in the City ’s bid system for review. All requirements of said PSA must be completed by the successful Contractor and
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #25/26-006
for
Park Mowing and Facility Landscape Maintenance
__________________________________________________________________________________________________ __________________________________________________________________________________________________
signed by both applicable parties prior to any services being rendered. This RFP sets forth some of the general provisions which may be included in the final PSA. In submitting a response to this RFP, Contractor will be deemed to have agreed to each clause unless otherwise indicated in “Exhibit B, Professional Services Agreement Exceptions Summary” and the City agrees to either accept the objection or deviation or change the PSA language in writing. Failure to raise any objections at the time of this RFP response submittal will result in a waiver of objection to any of the contractual language in the PSA at any other time. The signed Exception Summary must be submitted in Planet Bids system under the Response Types tab “Exhibits A – G”.
3.12. ACKNOWLEDGEMENT OF INSURANCE
Contractors must meet all insurance requirements as outlined in the Professional Services Agreement. Ability to comply with said requirements must be indicated with signature of “Exhibit C, Acknowledgement of Insurance Requirements and Certification of Ability to Provide and Maintain Coverages Specified”. The awarded Contractor will be responsible for providing the required Certificates of Insurance and must be the Named Insured on the Certificates. Certificates of Insurance from any other entity other than the awarded Contractor, will not be accepted. The signed Acknowledgement of Insurance must be submitted under the Planet Bid Response Types, Exhibits A – G.
3.13. ADDENDUM ACKNOWLEDGEMENT
The Contractor shall hereby acknowledge they have received all posted Addendums, if any. It is the Contractor’s responsibility to log into the Bid System to identify and download the number of addenda that have been posted. Addenda issued in correspondence to this RFP shall be considered a part of this RFP and shall become part of any final Contract that may be derived from this RFP. Contractors must indicate their acknowledgement of any Addendums by way of signature on “Exhibit D, Addendum Acknowledgement” and must be submitted under the Planet Bid Response Types, Exhibits A – G.
3.14. DEBARMENT AND SUSPENSION
Bidding Contractors must verify by way of signature to “Exhibit E, Contractor Certification Form” that they are not listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the guidelines under 2 CFR 200 that implement Executive Orders 12549 ( 3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), and that neither Contractor nor any of its proposed subcontractors are tax delinquent with the State of California. The signed exhibit must be submitted under the Planet Bid Response Types, Exhibits A – G.
3.15. P
ARTICIPATION CLAUSE
Contractors shall provide a completed “ Exhibit F, Participation Clause ”, must be submitted under the Planet Bid Response Types, Exhibits A – G. This will indicate a Contractors agreement to or not to allow other entities to utilize the RFP response and awarded contract as a piggyback option.
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #25/26-006
for
Park Mowing and Facility Landscape Maintenance
__________________________________________________________________________________________________ __________________________________________________________________________________________________
3.16. SIGNATURE OF AUTHORITY
“Exhibit G”, Signature of Authority must be submitted under the Planet Bid Response Types, Exhibits A – G.
Unsigned RFP responses will not be accepted. The Signature of Authority declares that the Contractor has carefully examined the instruction indicated herein including all terms and condition and specifications, and hereby proposes and agrees, if the Contractor s RFP response is accepted, Contractor agrees to furnish all material in accordance with the instruction and specifications in the time and manner prescribed for the unit cost amounts set forth in the Contractors RFP response.
3.17. COMPANY REFERENCES
Provide a minimum of four (4) references, preferably with other municipalities in which similar services are being performed. References must be for work performed or completed within the past three (3) years. “Exhibit H, Reference Worksheet” , must be complete and uploaded into the Planet Bid system under the “Response Type” section identified as “Exhibit H” . While the Reference Worksheet accompanies your RFP response it is not to be discussed in any other area of the RFP response other than the “Response Type, Exhibit H” in Planet Bids.
3.18. LINE-ITEM PRICING
Line-item pricing for this RFP must be provided directly in the Planet Bids system under the “Line Items” tab.
This pricing is not an estimate and is Company fixed price for each item listed. Contractor’s pricing quotes outside of the pricing listed in Planet Bids under the “Line Items” tab will not be accepted or considered for award. Any additional cost required should be noted in the additional cost line item and a summary of the cost provided in the notes section of the line item. While line-item pricing accompanies your RFP response it is not to be discussed in any other area of the RFP response other than the “Line Item” tab in Planet Bids. The City will not be obligated to any estimated pricing or pricing not identified in the “Line Item” tab in Planet Bids.
Failure to provide the required line-Item pricing in the required format will cause Contractor s RFP response to be considered as non-responsive and be eliminated from proceeding any further in the process. Any questions or clarifications regarding how to correctly submit line-Item pricing should be submitted by the “Questions Due” date and time indicated in the schedule of events.
3.19. T
ARIFF IMPACT VERIFICATION BEFORE ADJUSTMENTS
Contractors requesting price increases due to tariff changes must provide detailed cost breakdowns, including the original tariff rates and the new imposed rates, supplier invoices, and other supporting documentation. The agency reserves the right to audit supplier records to verify tariff -related costs. Any unverified or excessive increases shall not be accepted.
3.20. INDEXED PRICING WITH MARKET BENCHMARKING
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #25/26-006
for
Park Mowing and Facility Landscape Maintenance
__________________________________________________________________________________________________ __________________________________________________________________________________________________
The agency may request a review of contract pricing at any time during the contract term to determine if the pricing remains consistent with current market conditions. If tariff rates decrease or if market conditions indicate a reduction in the total cost of materials, the agency reserves the right to request a price adjustment.
3.21. TARIff REFUND AND PRICE REDUCTION CLAUSE
Should tariffs be reduced or removed during the contract term, the contractor shall pass the cost savings on to the agency through an equivalent price reduction. The contractor must notify the agency within 30 days of any tariff reduction and submit revised pricing accordingly."
4. PROJECT DESCRIPTION AND SCOPE OF SERVICES
4.1. PROJECT DESCRIPTION
The scope of work is complete, continuous, consistent, and safe landscape and irrigation maintenance of the designated areas that are specified herein. During, and at the end of the contract period, all plant material shall be in a healthy, growing condition and all irrigation systems will be in the proper state of repair and adjustment.
The contractor shall provide all equipment, labor, and materials necessary for performing lan dscape and irrigation maintenance according to the specifications herein.
The intent and purpose of this agreement is to provide a level of maintenance to the areas such that each will present a safe, pleasing, and desirable appearance within the limitations of the contracted service levels. The contractor agrees to maintain all the designated areas covered by this Agreement at such levels. The Public Works Services Director, or their designated representative, shall be the sole judge as to the adequacy and quality of maintenance.
The work shall be done in accordance with City Standard Plans and “The ‘Green Book’ Standard Specifications for Public Works Construction” 2021 edition including subsequent amendments, supplements and/or additions.
Copies are available from the publisher, Building News, Incorporated, 1612 So. Clementine Street, Anaheim, California, 92802, telephone (714) 517-0970.
Where the Public Works Services Director is mentioned in these Special Provisions, it shall be noted that their designated representative may act in their behalf regarding administration of this agreement.
4.2. E
XAMINATION OF PLANS, SPECIFICATION, AND SITE OF WORK
Bidders must satisfy themselves by personal examination of the work site, plans, specifications, and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the work must be performed. No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory comple tion of the job. Any
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #25/26-006
for
Park Mowing and Facility Landscape Maintenance
__________________________________________________________________________________________________ __________________________________________________________________________________________________
errors, omissions, or discrepancies found in the specifications, or other contract documents shall be called to the attention of the City and clarified prior to the submission of proposals.
4.3. CONTRACTOR’S LICENSE
Contractor shall possess any and all contractor’s licenses, in form and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; including, but not limited to, a Class A (General Engineering Contractor) or a Class C -27 (Landscape Contractor); 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.
4.4. C
OMPETENCY OF VENDOR
The bidder shall be licensed under the provisions of Division 3, Chapter 9 of the Business and Professions Code of the State of California to do the type of work contemplated in the contract and shall be skilled and regularly engaged in the general class or type of work called for under this contract.
4.5. C
ONTRACT TERM
The Contract Term shall be from the date of mutual execution and shall remain in full force through June 30, 2026. Parties to any contract resulting from this RFP shall have the option to renew the Contract Term in one (1) year increments up to a total of six (6) additional years.
4.6. B
ONDS
If a contract is awarded, the Contractor shall furnish a Labor and Materials Bond in a sum equal to 100% of the contract price, as required by the provisions of Section 9554 of the California Civil Code.
4.7. SUPERVISION AND STAFF
The contractor shall assign an account manager to be on site each working day, working regular working hours, for the duration of this contract. Regular working hours for the purposes of this section regarding the account manager shall be Monday through Friday for eight hours per day dedicated to this contract. The contractor and his staff shall have skills, expertise, and experience in arboriculture, turf management, pest control, soils, fertilizers, plant identification and irrigation systems maintenance. The account manager must be fluent in the English language. The account manager shall be thoroughly knowledgeable of the provisions of this contract.
4.8. P
REVAILING 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
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #25/26-006
for
Park Mowing and Facility Landscape Maintenance
__________________________________________________________________________________________________ __________________________________________________________________________________________________
of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages.
This contract is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
For all new contracts awarded on or after April 1, 2015, the contractors and subcontractors shall furnish electronic certified payroll records to the Labor Commissioner.
Each Contractor or Subcontractor shall preserve his weekly payroll records for a period of three (3) years. The payroll records shall set out accurately and completely the name, address, social security number, occupational classification, and hourly wage rate of each employee, hours worked by him during the payroll period, and full weekly wages earned by him, any deductions made from such weekly wages, and the actual weekly wages paid to him.
Such payroll records shall be made available for inspection by the City or its authorized representatives.
In addition to the foregoing payroll reporting and retention requirements, the Contractor and each of his subcontractors shall prepare payrolls on forms prescribed and in accordance with instructions furnished by the City. The Contractor shall deliver to the City a certified and legible copy of each payroll with the routine monthly invoices.
Payment will not be made prior to the submission to the City of certified payrolls prepared in accordance with Labor Code section 1776.
4.9. C
OMMUNICATIONS
The Contractor shall provide a cellular telephone to each account manager. Each account manager shall always carry the telephone on their person during the workday for communication with the City representative. Each account manager shall be on call 24 ho urs per day, seven days per week, for emergencies within the contract areas.
4.10. N
ON-RESPONSIVENESS OF CONTRACTOR
Failure of the Contractor or the account managers to respond immediately (within 1 hour) to the telephone notification by the Public Works Services Director of an emergency condition, or failure of the Contractor to respond within two days of written notification by the Public Works Services Director or their representative, shall give the Public Works Services Director the right to cause necessary work to be performed by City crews, or other contractors and any costs incurred in so doing shall be deducted from the payment for the month in which the work was performed.
4.11. S
ERVICE LEVELS
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #25/26-006
for
Park Mowing and Facility Landscape Maintenance
__________________________________________________________________________________________________ __________________________________________________________________________________________________
Now, or in the future, the City may have severe budget constraints within one or more of the funding sources to which this Contract applies. As a result, and at any time, the City may choose to contract for maintenance of the affected sites at less than the originally contracted service level for any, or all landscape services as described herein. Adjustments to the service level may apply to all sites covered by the contract, or a subset thereof, as needed to meet budgetary constraints. The City will noti fy the Contractor in writing fifteen (15) calendar days prior to service level adjustments.
4.12. SCHEDULING OF WORK
The Contractor shall accomplish all normal landscape maintenance required under this contract between the hours of 7:00 a.m. and 4:30 p.m., Monday through Friday. Exceptions may be made to normal working hours, where incidence of use may be too great during the hours specified to allow for proper maintenance. The Public Works Services Director or their representative may grant, on an individual basis, permission to perform contract maintenance at other hours including weekends. No maintenance functions that generate excessive noise that would cause annoyanc e to residents of the area shall commence before 8:00 a.m. Monday through Saturday and 9:00 am on Sundays. Unless otherwise specified by the Public Works Services Director, the Contractor shall supply the City with a bi-weekly schedule of routine work (the Maintenance Schedule Chart) to be followed in the performance of any work required by these specifications. Said schedule shall be submitted by the contractor five working days prior to the start date listed on the schedule. Any changes in scheduling shall be immediately reported, in writing, to the Public Works Services Director.
The Public Works Services Director will be notified in writing at least 24 hours in advance of each start date of non-routine maintenance operations including, but not limited to, fertilization, chemical application and tree pruning.
4.13. U
NDERGROUND SERVICE ALERT
The Contractor shall comply with the requirements of Assembly Bill 73. The law states that, "every person planning to conduct any excavation is required to contract a regional notification center at least 2 working days prior to excavation." Assembly Bill 73 defines excavation as, "any operation in which earth, rock, or other material in the ground is moved, removed, or otherwise displaced by means of tools, equipment, or explosives in any of the following ways: grading, trenching, digging, ditching, dril ling, auguring, tunneling, scraping, cable or pipe lowing and driving, or any other way." The Contractor shall assume all liability incurred from any type of excavation performed at the worksite.
4.14. M
EASUREMENT AND PAYMENT
a) The Contractor will be paid monthly based upon the unit cost and lump sum amounts listed in the cost proposal.
b) The unit and lump sum prices to be paid shall be full compensation for the items of work and all appurtenant work, including furnishing all materials, labor, equipment, tools, and incidentals.
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #25/26-006
for
Park Mowing and Facility Landscape Maintenance
__________________________________________________________________________________________________ __________________________________________________________________________________________________
c) Unless specifically excluded herein, payment for all items of work, including, but not limited to, the work listed in section 4.26, Routine Maintenance, shall be included in the proposed price for the following line items dependent on the contracted service level for each site:
a. Continuous Park Maintenance at Service Level A for Pest Control b. Continuous Park Maintenance at Service Level A for Trees c. Continuous Park Maintenance at Service Level A for Groundcover d. Continuous Park Maintenance at Service Level A for Turf e. Continuous Park Maintenance at Service Level A for Irrigation f. Continuous Park Maintenance at Service Level A for Hardscape g. Continuous Park Maintenance at Service Level A for Trash Receptacles h. Continuous Park Maintenance at Service Level A for Restroom Buildings i. Continuous Park Maintenance at Service Level B for Pest Control j. Continuous Park Maintenance at Service Level B for Trees k. Continuous Park Maintenance at Service Level B for Groundcover l. Continuous Park Maintenance at Service Level B for Turf m. Continuous Park Maintenance at Service Level B for Irrigation n. Continuous Park Maintenance at Service Level B for Hardscape o. Continuous Park Maintenance at Service Level B for Trash Receptacles p. Continuous Park Maintenance at Service Level B for Restroom Buildings q. Continuous Park Maintenance at Service Level C for Pest Control r. Continuous Park Maintenance at Service Level C for Trees s. Continuous Park Maintenance at Service Level C for Groundcover t. Continuous Park Maintenance at Service Level C for Turf u. Continuous Park Maintenance at Service Level C for Irrigation v. Continuous Park Maintenance at Service Level C for Hardscape w. Continuous Park Maintenance at Service Level C for Trash Receptacles x. Continuous Park Maintenance at Service Level C for Restroom Buildings d) The Estimated Annual Quantity given in the proposal is approximate, being given as a basis for the comparison of bids only, and the City does not, expressly or by implication, agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work, or to omit any portion of the work, as may be deemed advisable or necessary by the Public Works Services Director.
e) 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 w ithout 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,
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #25/26-006
for
Park Mowing and Facility Landscape Maintenance
__________________________________________________________________________________________________ __________________________________________________________________________________________________
therefore.
f) On or about the first day of each month, the Contractor shall present an invoice for the previous month for the contracted monthly amount. The invoice shall include the account number for each and the purchase order number for this contract.
g) Included with the monthly and/or material invoices will be notations of the routine work functions accomplished during that period that occur on frequencies greater than one month, e.g. quarterly or semi-annually, such as fertilization in accordance with S chedule I, chemical application. The quantity invoiced and paid shall be the total square feet shown in the Bid except that the Public Works Services Director shall have the right to increase or decrease the total quantity based upon documented field measurements.
h) The Public Works Services Director will make payment monthly after verification of completion. Sites which, in the opinion of the Public Works Services Director, have not been maintained in accordance with the Contract Special Provisions will be deducted from the monthly payment in accordance with section 4.15, Deductions.
i) Extra work shall be separately invoiced in accordance with the hourly rates and unit prices provided in the supplementary "Extra Work Schedule" of the contract bid. j) Draft extra work reports per Maintenance District should be delivered to the Public Works Services Director prior to invoice preparation. The purpose of which is to expedite the invoicing and payment process, and to approve the work for completion and payment.
4.15. D
EDUCTIONS
Deductions from monthly payments shall be divided into three categories: Performance on Schedule, Deficient Performance and Non-Performance.
Payment deductions shall not be construed a penalty but as adjustment of payment to the Contractor for only the work performed, or as the cost to the City for inspection and other related costs from failure of the Contractor to complete the work according to schedule.
a) Performance on schedule
Failure of the Contractor to timely perform will result in additional inspection and administrative costs being incurred by the City.
The sum of One Hundred Dollars ($100.00) per site may be deducted from payments to the Contractor for each calendar day where an item of work is not completed in accordance with the bi-weekly schedule submitted pursuant to Section 4.12. This deduction applies individually to each scheduled task or subtask listed herein that is not completed in accordance with the bi-weekly schedule.
The maximum deduction per month for “Performance on Schedule” shall be equal to fifty percent (50%)
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #25/26-006
for
Park Mowing and Facility Landscape Maintenance
__________________________________________________________________________________________________ __________________________________________________________________________________________________
of the total monthly contract price for routine maintenance.
Deductions for “Performance on Schedule” are, at the City’s option, in addition to or in lieu of other remedies provided herein.
b) Deficient Performance
Level of Maintenance: In the judgment of the City, if the level of maintenance is less than that specified herein, the City shall, at its option, in addition to or in lieu of other remedies provided herein, withhold appropriate payment from the Contractor until services are re ndered in accordance with specifications set forth within this document.
The contractor is required to correct deficiencies within the time specified by the City. If noted deficient work has not been completed, payment for subject deficiency shall be deducted during the current billing period and shall continue to be deducted i n subsequent billing periods until deficiency is corrected, without right to retroactive payments. The amount to be withheld per deficient site shall be the amount paid for the entire site.
Minimum Manpower: Failure of the Contractor to comply with minimum required manpower, as listed in Schedule IV, Tables 1, 2, 3, and 4 submitted with the proposal, shall result in a deficiency deduction.
The deduction shall be calculated by the following formula:
(Labor Hours Proposed - Labor Hours Provided) ÷ Labor Hours Provided × Monthly Rate = Deduction Example:
Labor Hours Proposed: 100
Labor Hours Provided: 80
Monthly Rate: $1,000
(100-80) ÷ 100 × $1,000 = $200 Deduction
Other deficiencies: Examples include, but are not limited to, failure to comply with conditions, specifications, reports, schedules and/or directives from the Public Works Services Director. Any such deficiency will result in a deficiency deduction of One Hundred Dollars ( $100.00) per instance per working day.
The maximum cumulative deduction per month for “Deficient Performance” shall be equal to the sum of the monthly fees for all locations.
Deductions for “Deficient Performance” are, at the City’s option, in addition to or in lieu of other remedies provided herein.
c) Non-Performance
Schedules: Failure to provide bi -weekly schedules in compliance with the contract specifications may result in a deficiency deduction of fifty Dollars ($50) per calendar day.
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #25/26-006
for
Park Mowing and Facility Landscape Maintenance
__________________________________________________________________________________________________ __________________________________________________________________________________________________
Reports: Failure to provide reports in compliance with the contract specifications may result in a deficiency deduction of fifty Dollars ($50) per calendar day.
Notifications: Failure to provide notifications to in compliance with the Contract Specifications may result in a deficiency deduction of One Thousand Dollars ($1,000) per instance.
4.16. DEFICIENT PERFORMANCE – NOTIFICATION AND CORRECTIVE ACTION a) The Contractor shall be notified both verbally and in writing, each time its performance is unsatisfactory and corrective action is necessary.
b) Upon notification of deficient performance, the Contractor will be immediately subject to the deductions listed in Section 4.15. Deductions.
c) The Contractor shall complete corrective action within the following time frames following notification:
a. Weekly Duties
i. Deficient performance of Weekly Duties shall be corrected during the first working day following notification of deficiency.
ii. If corrective work is completed during the first working day following notification of deficiency, the deductions outlined in Section 4.15.b, Deficient Performance, shall be waived.
b. Bi-Weekly Duties
i. Deficient performance of Bi -Weekly Duties shall be corrected within two working days following notification of deficiency.
ii. If corrective work is completed within two working days following notification of deficiency, the deductions outlined in Section 4.15.b, Deficient Performance, shall be waived.
c. Monthly Duties
i. Deficient performance of Monthly Duties shall be corrected within four working days following notification of deficiency.
ii. If corrective work is completed within four working days following notification of deficiency, the deductions outlined in Section 4.15.b, Deficient Performance, shall be waived.
d. Bi-Monthly Duties
i. Deficient performance of Bi-Monthly Duties shall be corrected within eight working days following notification of deficiency.
ii. If corrective work is completed within eight working days following notification of deficiency, the deductions outlined in Section 4.15.b, Deficient Performance, shall be waived.
e. Quarterly, Semi-Annual, and Annual Duties
i. Deficient performance of Quarterly, Semi- Annual, and Annual Duties shall be corrected
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #25/26-006
for
Park Mowing and Facility Landscape Maintenance
__________________________________________________________________________________________________ __________________________________________________________________________________________________
within ten working days following notification of deficiency. ii. If corrective work is completed within ten working days following notification of deficiency, the deductions outlined in Section 4.15.b, Deficient Performance, shall be waived.
4.17. WORK SITES: BASE BID
Archibald Library: 7368 Archibald Avenue
Bark at Central Park: 11200 Baseline Road
Foothill Trailhead: 8476 Foothill Boulevard
Lions Park: 9161 Baseline Road
RC Family Resource Center: 9791 Arrow Route
Metrolink: 11208 Azusa Court
Ellena Park (Mow Only): 7139 Kenyon Way
Victoria Arbors Park (Mow Only): 7429 Arbor Lane
Victoria Groves Park (Mow Only): 6840 Fairmont Way
Vintage Park (Mow Only): 11745 Victoria Park Lane
Windrows Park (Mow Only): 6849 Victoria Park Lane
Coyote Canyon Park (Mow Only): 10987 Terra Vista Parkway Milliken Park (Mow Only): 7699 Milliken Avenue
Mountain View Park (Mow Only): 11701 Terra Vista Parkway Ralph M Lewis Park (Mow Only): 7898 Elm Street
Spruce Park (Mow Only): 7730 Spruce Avenue
West Greenway Park (Mow Only): 7756 Meadowcrest Court
Etiwanda Creek Park (Mow Only): 5939 East Avenue
Garcia Park (Mow Only): 13150 Garcia Drive
Day Creek Park (Mow Only): 12350 Banyan Street
Legacy Park (Mow Only): 5858 Santa Ynez Place
Olive Grove Park (Mow Only): 13931 Youngs Canyon Road
Rancho Summit Park (Mow Only): 5958 Soledad Way
Fire Station 171: 6627 Amethyst Avenue
Fire Station 172: 8812 San Bernardino Road
Fire Station 173: 12270 Firehouse Court
Fire Station 174: 11297 Jersey Boulevard
Fire Station 175: 11108 Banyan Street
Fire Station 176: 11208 Azusa Court
Fire Station 177: 9270 Rancho Street
Fire Station 178: 10595 Town Center Drive
Work Sites: Additive Bid
Central Park (Weed Abatement): 11200 Baseline Road
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #25/26-006
for
Park Mowing and Facility Landscape Maintenance
__________________________________________________________________________________________________ __________________________________________________________________________________________________
Victoria Gardens Cultural Center: 12505 Cultural Center Drive Reference is also made to the maps included in Appendix B.
4.18. ADDITIONS
During the term of the contract, landscapes may be added to or deleted from this contract. In addition, sites may be modified, or the landscape area audited, and the inventory adjusted accordingly. The Contractor will be given no less than fifteen (15) ca lendar days’ notice prior to any changes to the inventory and pay quantities.
Further, the Contractor may have the option of accompanying the City inspector on final inspection, prior to acceptance of the site, to comment about the condition of the site. Payment shall be adjusted based on the unit costs listed in the proposal.
4.19. Q
UALITY OF WORK
All work shall be performed in accordance with the service level for which the work is contracted, and the best irrigation and landscape maintenance practices shall be implemented to provide aesthetically pleasing, healthy and safe parkways, paseos and med ians. The Public Works Services Director or his representative shall be the sole judge as to the adequacy and quality of maintenance.
All materials, equipment and supplies used to repair and maintain devises and materials pursuant to the specifications for PARK MOWING AND FACILITY LANDSCAPE MAINTENANCE shall meet current City standards for the individual landscape sites.
4.20. I
NSPECTIONS
Scheduled on a specific day of the week and on a semi -monthly basis during the middle of the month, the Contractor or their representative will walk and/or drive the project with the Public Works Services Director or their representative for the purpose of determining compliance with the specifications or to discuss required work. Any specific problem area which does not meet the conditions of the specifications set forth herein shall be called to the attention of the Contractor and, if not corrected within the timeframes listed in section 4.16(c), shall be deducted in accordance with Section 4-15, Deductions.
4.21. R
EPLACEMENT OF LANDSCAPE MATERIALS & CITY PROPERTY
The Contractor shall be responsible for replacement of dead plants, City property, and any other items deemed necessary due to contractor negligence. This includes (but is not limited to) trees, shrubs, and turf damaged by untrained or negligent equipment operators, fencing damaged by mower operator negligence, or the failure of the contractor to provide water to plant material. This includes sites where the irrigation cannot be repaired in a reasonable amount of time even in circumstances beyond the contractor’s control. If the irrigation cannot be repaired in a reasonable amount of time and it is out the contractor’s control, then the contractor shall use alternative irrigation methods including but not limited to a water tender, station masters, renting hydrant meters, etc. This type of temporary alternative irrigation shall be approved and paid as an extra by the City.
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #25/26-006
for
Park Mowing and Facility Landscape Maintenance
__________________________________________________________________________________________________ __________________________________________________________________________________________________
4.22. UTILITY BILLS
The City shall bear all the costs for water and electricity used on the sites covered by this contract as billed on the regular monthly invoices received by the City from the utility agencies.
4.23. CONFORMING TO STATE AND FEDERAL GUIDELINES FOR STORMWATER POLLUTION PREVENTION State and Federal guidelines for storm water pollution prevention are known as Best Management Practices (BMP’s). These practices will help reduce groundwater contamination and pollution to our wetlands, beaches, and coastlines. Since Landscaping can and does contribute to storm water pollution, BMP guidelines taken from the California Storm Water Quality Association’s Handbook are provided for the Contractor’s reference. In addition, these BMPs shall be reviewed with any new employee before he begins work in the field, and with all crews on at least an annual basis. (See Appendix C)
4.24. P
ERMITS
Prior to the start of any work, the Contractor shall obtain the applicable City permits and plan for City inspections. The City will issue the permits at no charge to the Contractor. The Contractor and all subcontractors shall each obtain a City business license and shall be licensed in accordance with State Business and Professions Code. The Contractor shall also obtain any and all other permits, licenses, inspections, certificates, or authorizations required by any governing body or entity.
4.25. W
ORK AREA TRAFFIC CONTROL
4.25.1. TRAFFIC CONTROL PERMIT
The Contractor shall prepare a permit application for street CLOSURE AND SHALL ATTACH TWO COPIES OF THE PROPOSED TRAFFIC CONTROL signing, barricading and/or detour routing. The permit application and accompanying attachments shall be reviewed by the City Traffic Engineer. Upon the Traffic Engineer's approval, a no-fee Street Closure Permit shall be issued. No Street Closure, Lane Closure, Detour or other work requiring traffic control shall commence prior to issuance of said permit.
4.25.2. S
IGNS, BARRICADES, AND DELINEATORS
The Contractor shall provide and install barricades, delineators, warning devices and construction signs in accordance with the current California Joint Utility Traffic Control Manual (CJUTCM) published by the California Inter- Utility Coordinating Committ ee, the Work Area Traffic Control Handbook (WATCH) and the current Caltrans Manual of Traffic Controls for Construction and Maintenance Work Zones unless otherwise approved by the Engineer. During adverse weather or unusual traffic or working conditions additional traffic devices shall be placed as directed by the Engineer.
4.25.3. TRAINING
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #25/26-006
for
Park Mowing and Facility Landscape Maintenance
__________________________________________________________________________________________________ __________________________________________________________________________________________________
Upon award of the contract and before work can begin within the public right- of-way, the contractor shall provide written proof of work zone safety training of all supervisory staff. The contractor will be responsible for all work zone safety inspections and regular training of all staff setting up any traffic control.
4.26. ROUTINE MAINTENANCE
See section 4 -14 for information on payment for routine maintenance tasks not listed on the cost proposal sheet.
4.26.1. TURF MAINTENANCE
a) Mowing
The Contractor shall use mulching-type mowers that are approved prior to use by the Public Works Services Director. An example of the completed work done by each mulching mower must be presented for approval to the Public Works Services Director. Regardless of the season, the mowing height of tall fescue shall be 2 ½ to 3” unless directed otherwise by the Public Works Services Director. All equipment shall be well maintained, adjusted properly, and blades shall always be kept sharp.
All turf and adjacent hardscape areas are required to present a neat, clean, and relatively debris free appearance upon the completion of the mowing project for the day. Since this contract requires the use of mulching type mowers, this may require that accumulated debris including leaves, trash, tree bark, branches, twigs, etc. be removed from the turf and surrounding hardscape areas prior to mowing.
Mowing dates shall be set on the Maintenance Schedule Chart to provide the required number of mowings per year. Work shall be performed on the same day each week. Mowing days will be coordinated with the City so that, if possible, mowing occurs 1 day pri or to street sweeping. Street sweeper schedules will be provided to the contractor by the City Representative upon request. All mowing missed due to inclement weather shall be rescheduled within 3 working days on the weekly schedule and within 7 days on the biweekly schedule. If weather or ground conditions persist, the Public Works Services Director may change the annual schedule to allow fewer than the required number of mowings per year.
Mowing Frequency
Service Level A - All turf areas shall be mowed once per week during the period of March 1st through October 31st; and at least once every other week, or as needed, during the period of November 1st through February 28th (February 29th in leap years).
Service Level B - All turf areas shall be mowed once per week during the period of March 1st through October 31st; and as required during the period November 1 st through February 28 th (February 29th in leap years).
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #25/26-006
for
Park Mowing and Facility Landscape Maintenance
__________________________________________________________________________________________________ __________________________________________________________________________________________________
Service Level C - All turf areas shall be mowed every other week during the period of March 1st through October 31st; and as required during the period November 1st through February 28th (February 29th in leap years).
b) Edging
All turf grass borders including but not limited to valve boxes, curbs, mow curbs, pads, headers, turf and planter interfaces without headers, sidewalks, and tree wells, shall be neatly and uniformly edged concurrently with every mowing. Mechanical methods shall be used except where physically not possible or practical. Tree wells and valve boxes in turf areas shall be trimmed concurrently with each mowing. Trimming shall be done in a manner to prevent any damage to the tree trunk. "Arbor- Guards" or approved equal shall be kept in place at all times on all tree trunks 4” in diameter or less within turf areas. Bare-soil tree wells are required in all turf areas and shall be maintained by chemical, not mechanical means.
Edging Frequency
Service Level A - Concurrent with mowing, the contractor shall edge all turf grass borders once per week during the period of March 1st through October 31 st; and at least once every other week, or as needed, during the period of November 1st through February 28 th (February 29th in leap years). In addition, an edger with a metal blade will be required for use on all turf grass borders at least once per month during the period of March 1st through October 31st.
Service Level B - Concurrent with mowing, the contractor shall edge all turf grass borders once per week during the period of March 1st through October 31 st; and as required during the period November 1 st through February 28 th (February 29 th in leap years). In addition, an edger with a metal blade will be required for use on all turf grass borders at least once per month during the period of March 1 st through October 31st.
Service Level C - Concurrent with mowing, the contractor shall edge all turf grass borders every other week during the period of March 1st through October 31st; and as required during the period November 1st through February 28th (February 29th in leap years). An edger with a metal blade will not be required as part of the turf maintenance program at Service Level C.
c) Fertilization
Fertilizer shall be applied in such a manner as to insure uniform coverage with minimum overlap. Turf shall be free of moisture at the time of application. Application of the fertilizer shall be done in sections coinciding with the areas covered by the timing stations on the automatic controllers in order that the soil may be thoroughly moistened immediately after the broadcast of fertilizer.
All damages resulting from the use of unauthorized fertilizers or improper watering after fertilization shall be repaired or replaced at the expense of the Contractor.
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #25/26-006
for
Park Mowing and Facility Landscape Maintenance
__________________________________________________________________________________________________ __________________________________________________________________________________________________
Fertilization Frequency
Service Level A - The contractor shall fertilize all turf areas in accordance with Schedule I.
Service Level B - The contractor shall fertilize all turf areas in accordance with Schedule I.
Service Level C - The contractor shall fertilize all turf areas in accordance with Schedule I.
The City may request fertilization in addition to the above -described work. Any additional fertilization requested requires written pre -authorization by the Public Works Director or his agent and will be paid as extra work.
d) Aeration
Aeration Frequency
Service Level A - The contractor shall mechanically aerate all turf areas in spring and fall. The contractor shall use a core type aerator with ½ inch tines or approved equal. The aeration period will be recorded on the Maintenance Schedule Chart and should be performed prior to scheduled fertilizing, dethatching, overseeding, or pre-emergent applications. Do not aerate for at least 3 months following turf pre -emergent applications or as directed on the pesticide label. In areas whe re soil conditions are poor, top dressing may be required. The application of top dressing would be paid as an extra work.
Service Level B - The Contractor shall not be required to aerate turf areas.
Service Level C - The Contractor shall not be required to aerate turf areas. e) Overseeding (Overseeding requires written pre -authorization by the Public Works Director or his agent and will be paid as extra work.)
All overseeding shall be done with a seed type or blend approved by the Public Works Services Director. The Contractor shall over seed where needed in such a manner as to insure uniform growth with minimum bare areas. One month prior to overseeding, the Contractor shall notify the Public Works Services Director for approval of scope of work.
Overseeding will be scheduled either in early fall or early spring. Fertilization and overseeding will be concurrently applied.
Prior to overseeding, the area will be dethatched as required.
Grass seed shall be applied at the rate specified on the label for the type of seed being used. Seed quality shall meet the following criteria: Minimum purity shall be 98% weed free for all grasses; minimum germination rate shall be 85% for all grasses; no seed shall be applied without prior verification of seed mix and quality by the Public Works Services Director.
Once seed has been applied, the contractor shall firm the soil and cover the seed with a high-quality compost top dressing to prevent erosion and reduce evaporation of soil moisture.
Pre-emergent herbicide applications shall be applied no sooner than three (3) mowings following seed germination. Overseeding shall not be done within at least four months of any pre -emergent herbicide application or as directed on the pesticide label – whichever length of time is greater.
4.26.2. S
HRUB, GROUNDCOVER, DECOMPOSED GRANITE (DG) AND VINE MAINTENANCE
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #25/26-006
for
Park Mowing and Facility Landscape Maintenance
__________________________________________________________________________________________________ __________________________________________________________________________________________________
4.26.2.1. SHRUB MAINTENANCE
Note: Shrub maintenance shall be performed at the service level for which ground cover maintenance is contracted. Payment for shrub maintenance shall be included in the price proposed for groundcover maintenance.
All shrubs growing in the work areas shall be pruned, as specified herein, to consistently maintain plants in a healthy, growing condition, and to maintain plant growth within reasonable bounds to prevent encroachment of passageways, walks, adjacent properties, streets, view of signs, traffic or in any manner deemed objectionable by the Public Works Services Director. Dead or damaged limbs or branches shall be removed immediately, and all pruning cuts shall be made cleanly with sharp pruning tools, with no projections or stubs remaining.
Shrub Maintenance Frequency
Service Level A - The Contractor shall trim ground cover adjacent to any hardscape, structure, fixture, plant, or other area into which it should not encroach such that a neatly trimmed appearance and hazard free condition is consistently maintained.
The Contractor shall on a weekly basis clean any accumulated debris and trash from all ground cover areas.
The Contractor shall fertilize 100% of all ground cover areas two times per year in the spring and fall with 15 - 15-15 or approved equal. All other applications that may be requested by the Public Works Director shall be paid as extra work. Fertilization periods shall be recorded on the Maintenance Schedule Chart.
The Contractor shall mechanically "bowl", as often as is required, around all irrigation heads that are blocked by ground cover.
Service Level B - The Contractor shall on a monthly basis trim ground cover adjacent to any hardscape, structure, fixture, plant or other area into which it should not encroach.
The Contractor shall on a bi-weekly basis clean any accumulated debris and trash from all ground cover areas.
The Contractor shall fertilize 100% of all ground cover areas once per year in the spring with 15 -15-15 or approved equal. All other applications that may be requested by the Public Works Director shall be paid as extra work. Fertilization periods shall be recorded on the Maintenance Schedule Chart.
The Contractor shall at the direction of the Public Works Services Director, edge any groundcover deemed a public safety hazard.
The Contractor shall mechanically "bowl", as often as is required, around all irrigation heads that are blocked by ground cover.
Service Level C - The Contractor shall on a bi -monthly basis trim all ground cover adjacent to any hardscape, structure, fixture, plant, or other area into which it should not encroach.
The Contractor shall on a bi- weekly schedule clean any accumulated debris and trash from all ground cover areas.
The Contractor shall not be required to fertilize ground cover.
The Contractor shall at the direction of the Public Works Services Director, mow, or otherwise lower, to a height of three inches all ground cover that is a fire hazard.
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #25/26-006
for
Park Mowing and Facility Landscape Maintenance
__________________________________________________________________________________________________ __________________________________________________________________________________________________
The Contractor shall at the direction of the Public Works Services Director, edge any groundcover deemed a public safety hazard.
The Contractor shall mechanically or chemically "bowl" as often as is required around each irrigation head that is blocked by ground cover.
4.26.2.2. GROUND COVER MAINTENANCE
Trim ground cover adjacent to any hardscape, structure, fixture, plant, or other area into which it should not encroach including, but not limited to, walks, walls, curbs, mow curbs and fences as required for general containment to present a neat, clean appearance of the planter and surrounding hardscapes within the landscape site.
All sidewalks, mow curbs, boxes, etc. shall be edged completely with all remaining soil, groundcover and other debris removed completely off these surfaces. A flat shovel will often be required to conform with this specification.
Any paper, litter, or other debris including, but not limited to, excessive pine needles or leaf litter, large rocks, or anything else that accumulates in ground cover areas, shall be picked up concurrent with trimming.
Keep ground cover trimmed back from all controller units, valve boxes, quick couplers, or other appurtenances or fixtures. Do not allow ground covers to grow up trees, into shrubs, or on structures or walls. Keep it trimmed back approximately 4 inches from structures or walls. Coordinate trimming around base of shrubs/trees with the City Representative.
Bare soil areas shall be replanted, composted, or wood chipped as directed. Coordinate replanting/chipping with the City Representative. The contractor shall pay the costs to replant/mulch bare soil areas caused by contractor negligence. Negligence includes (but is not limited to) the failure to provide water to sites that cannot be repaired in a reasonable amount of time due to circumstances beyond the control of the contractor.
Groundcover Maintenance Frequency
Service Level A - The Contractor shall on a monthly basis trim ground cover adjacent to any hardscape, structure, fixture, plant or other area into which it should not encroach.
The Contractor shall on a bi-weekly basis clean any accumulated debris and trash from all ground cover areas.
The Contractor shall fertilize 100% of all ground cover areas once per year in the spring with 15 -15-15 or approved equal. All other applications that may be requested by the Public Works Director shall be paid as extra work. Fertilization periods shall be recorded on the Maintenance Schedule Chart.
The Contractor shall at the direction of the Public Works Services Director, edge any groundcover deemed a public safety hazard.
The Contractor shall mechanically "bowl", as often as is required, around all irrigation heads that are blocked by ground cover.
Service Level B - The Contractor shall on a bi- monthly basis trim all ground cover adjacent to any hardscape, structure, fixture, plant, or other area into which it should not encroach.
The Contractor shall on a bi- weekly schedule clean any accumulated debris and trash from all ground cover areas.
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #25/26-006
for
Park Mowing and Facility Landscape Maintenance
__________________________________________________________________________________________________ __________________________________________________________________________________________________
The Contractor shall not be required to fertilize ground cover.
The Contractor shall at the direction of the Public Works Services Director, mow, or otherwise lower, to a height of three inches all ground cover that is a fire hazard.
The Contractor shall at the direction of the Public Works Services Director, edge any groundcover deemed a public safety hazard.
The Contractor shall mechanically or chemically "bowl" as often as is required around each irrigation head that is blocked by ground cover.
Service Level C - The Contractor shall on a monthly basis trim all ground cover adjacent to any hardscape, structure, fixture, plant or other area into which it should not encroach.
The Contractor shall on a monthly schedule clean any accumulated debris and trash from all ground cover areas.
The Contractor shall not be required to fertilize ground cover.
The Contractor shall at the direction of the Public Works Services Director, edge any groundcover deemed a public safety hazard.
4.26.2.3. D
ECOMPOSED GRANITE (DG)
To reduce water use, maintenance, and run-off; some areas within this contract may currently (or in the future) contain relatively small areas of DG as a landscape element. These relatively low maintenance areas are contained within the landscape and do not include equestrian and walking trails. DG areas shall be inventoried and paid at the same monthly unit cost as groundcover.
Any paper, litter, rocks, trash, or other debris that accumulates in these DG areas shall be picked up at the frequencies specified in Section 4.26.5, Debris and Trash Removal.
The Contractor shall provide complete and continuous control and/or eradication of all weeds, roots, suckers, and pests. Pests include, but are not limited to insects, other invertebrates, and rodents. Pests may be controlled by mechanical means as well as with chemicals.
The contractor shall provide maintenance of all non-trail DG surfaces within the landscape at no additional cost to the City. Maintenance shall include but will not be limited to filling and compacting low areas, ruts, washed- out areas, vandalized areas, and any other area deemed hazardous.
Maintenance shall include not only the repairs but shall also include the removal of eroded or contaminated DG materials from sidewalks, drains, curbs, gutters, cobble, turf areas, planters, and any other areas where the DG does not belong. Eroded DG mate rials shall not be re -used in the trails or landscape and these materials shall be disposed of off-site at no additional cost to the City.
Surface repair materials shall be clean and uncontaminated stabilized California Gold DG maintained at Header, sidewalk, and curb height. DG is available from Gail Materials in Corona, CA Phone no. (951) 667 -6106.
Submittal of all DG materials to the Public Works Services Director (or his agent) is required prior to any and all surface repairs. Materials placed without prior approval that do not meet City specifications will be removed and replaced at the expense of the contractor.
Proper placement will require good preparation, wetting and compaction. DG shall be placed, wetted, and compacted at no more than 2” of lift at a time. In some cases, an additional lift may be required for the repair.
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #25/26-006
for
Park Mowing and Facility Landscape Maintenance
__________________________________________________________________________________________________ __________________________________________________________________________________________________
Remove rocks, debris and loose materials and grade smooth. For each 2” of lift, spread the material over the area and grade level and smooth. Take the time necessary to thoroughly water the entire area to ensure the entire depth and profile is moist. Use a shovel to confirm moisture depth. Once properly wetted, roll, vibra - plate, or tamp the surface and allow enough time to dry. The surface shall be flush with all curbs, walks, headers and drains. In some instances, it may be necessary to build the material ¼” higher than the hardscapes to promote proper drainage.
Decomposed Granite Surface Repair Frequency
Service Level A - Surface repairs including the off-site removal and disposal of eroded and/or contaminated DG materials shall be complete and continuous as required.
Service Level B - Surface repairs shall be performed in May when the rainy season has ended, or when it has been determined by the Public Works Services Director (or his agent) that there is an immediate safety hazard. The off-site removal and disposal of eroded DG materials shall be complete and continuous as required.
Service Level C - Except for the removal of eroded materials, surface repairs will be completed by City crews. The off -site removal and disposal of eroded DG materials shall be performed by the contractor completely and continuously as required.
4.26.2.4. VINE MAINTENANCE
Vines are to be maintained such that they always present a neat appearance and are not a public hazard.
To help prevent vines from falling off the wall, vines are to be trimmed and maintained closely to the wall to which they are attached.
Vines that are not growing over the top of a wall will not be allowed to grow over the top.
Vines that are growing over the top of a wall will be neatly trimmed on the city side and along the top without allowing clippings to fall onto the homeowner's side.
Cut as few vines growing over to the homeowner's side as is necessary to achieve a neat appearance on the top of the wall but attempting not to kill the vines on the homeowner's side. If a homeowner requests that the City's vines be removed from the homeowner's side, remove them by pulling the vines from the homeo wner's side to the City side and trimming off the excess.
In addition to trimming vines at the top of the wall, vines shall also be trimmed along the bottom of the wall to prevent them from encroaching into and damaging irrigation, groundcover, hardscapes, trees, shrubs, trails, and sidewalks.
The Contractor will not remove any vines from the homeowner's side without the homeowner's permission.
The Contractor will reattach to a wall any vines that fall off a wall by using the attachments detailed on City Standard Plan #510.
Vine Maintenance Frequency
Service Level A - The Contractor shall trim vines as often as required such that they consistently present a neat appearance.
The Contractor shall immediately re -attach to a wall any vines that fall off a wall or fence by using the attachments required on the construction plans for the site.
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #25/26-006
for
Park Mowing and Facility Landscape Maintenance
__________________________________________________________________________________________________ __________________________________________________________________________________________________
The Contractor shall ensure that no vines grow into undesirable places such as groundcover, hardscapes, trees or shrubs.
Service Level B - The Contractor shall trim vines twice per year in March and September.
The Contractor shall immediately re -attach to a wall or fence any vines that fall off a wall by using the attachments required on the construction plans for the site.
Concurrent with March and September vine trimming, the Contractor shall twice per year remove vines that grow into undesirable places such as groundcover, hardscapes, trees, or shrubs.
Service Level C - The Contractor shall trim vines once per year in Fall.
The Contractor shall re -attach to a wall or fence once per year in Fall vines that fall off the wall by using the attachments required on the construction plans for the site.
The Contractor shall annually, in Fall, remove all vines that grow into undesirable places such as groundcover, hardscapes, trees or shrubs.
4.26.2.5. T
REE MAINTENANCE
a) All trees in the work site shall be maintained in their natural shapes . Work shall be accomplished in a manner which will ensure that each individual tree is carefully maintained as described in Appendix A, Pruning Standards, to promote the health and appearance of the tree. All work shall be of the highest quality, performed in accordance with the International Society of Arboriculture's (ISA) standards. The Contractor shall only be responsible for tree pruning as called out herein. Tree work not described herein will be the responsibility of the City’s Urban Forestry Division and their tree maintenance contractor. b) Low branches overhanging park and paseo maintenance driveways, and all streets shall be raised to a height of thirteen (13) feet above street grade. Low branches overhanging sidewalks and parkways shall be raised to a height of nine (9) feet above grade. Tree branches overhanging equestrian trails shall be raised to a height of ten (10) feet.
c) Young trees that need training shall be pruned on a continuing basis as needed. Under no circumstances will stripping of lower branches (raising up) of young trees be permitted. Lower branches shall be retained in a "tipped back" or pinched condition with as much foliage as possible to promote establishment, increased caliper, and a strong tapered trunk. If there are any doubts or questions, contract the Public Works Services Director or his representative. d) On all newly planted and unestablished trees (except for palms) Agriform 20 -10-5 Plant Tablets (or approved equal) shall be applied as per the manufacturer's directions. All Date Palms shall be fertilized in spring and fall with an approved Palm specific fertilizer. Fan Palms shall not be fertilized unless otherwise directed by the Public Works Director.
e) The Contractor shall bring to the attention of the Public Works Services Director within twenty-four (24) hours any tree that shows signs of root heaving, leaning, having hanger limbs, or for any reason is a safety hazard.
f) The City shall bear all costs for the removal and replacement of dead or dying trees unless the need for removal was due to faulty maintenance or negligence. Faulty maintenance or negligence includes (but is not limited to) mower and string-trimmer damage. The Contractor, as determined by The Public Works