Ordinance No.
Ordinance Table 17.04-1 (Permitted Land Uses in the Residential Zones), Table
17.05-1 (Permitted Land Uses in the Mixed-Use Zones), Table 17.06-1 (Permitted Land Uses in the Commercial Zones), Table 17-07-1 (Permitted Land Uses in the Industrial Zones), Table 17.08-1 (Permitted Land Uses in the Special Purpose Zones), Chapter 17.29 (Massage Therapy), and Chapter 17.51 (Definitions), and adding Chapter 17.42.5 (Smoke Shops), in order to add a definition and regulations for smoke shops and amend regulations for massage therapy establishments to require a conditional use permit; and
WHEREAS, a notice of a public hearing on said application has been given in the manner and for the time required by law; and
WHEREAS, on September 12, 2022 and October 10, 2022 at 7:00 p.m. the City Council conducted duly noticed public hearings for the project, as prescribed by law, heard and considered both oral and written evidence, and considered the entire record of information received at the public hearings before the Planning Commission and City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UPLAND DOES ORDAIN AS FOLLOWS:
Section 1. The above recitals are true and correct and are hereby incorporated herein by this reference.
Section 2. Findings. In approving the proposed Municipal Code amendment, the City Council hereby makes the following findings that the Ordinance is consistent with the General Plan as follows:
1. Finding: The proposed amendment is consistent with the General Plan and any applicable community or specific plan as provided by Government Code Section 65860.
Evidence: The proposed Smoke Shop and Massage Therapy
Ordinance does not conflict with any community or specific plan and is consistent with the following General Plan policies and goals:
A. Land Use Policy LU-6.2: Control the location, concentration and operations of land uses that have potential impacts on surrounding development through effective design principles, adequate buffering, and enforcement of regulatory documents.
Fact: The ordinance will be consistent with this policy, as it will address a concern regarding the compatibility of smoke shop and massage establishment uses with surrounding land use uses and allow for the ability to add conditions of approval to ensure such uses will not have a negative impact through their design and operational characteristics.
Ordinance No.
B. Healthy Community Policy HC-5.3: Consider the concentration of alcohol and/or tobacco retail outlets in land use decisions; consider regulating the permitting of additional alcohol and/or tobacco retail outlets where an undue concentration exists
Fact: The proposed ordinance will be consistent with this policy as it will allow the Planning Commission the ability to consider the concentration of tobacco retail outlets in land use decisions and will add additional criteria for the Commission to use as basis of evaluating undue concentration while considering a conditional use permit.
C. Healthy Community Goal HC-5: A community free of alcohol dependency, tobacco use, and drug abuse by creating an
environment that supports healthy choices, provides access to prevention and treatment services, and enforces laws that protect residents and the community.
Fact: The proposed ordinance will be consistent with this goal in the City’s General Plan, by setting responsible and appropriate regulations for smoke shops to ensure both a successful business environment but also allow for additional consideration in appropriate land uses through regulation of smoke shops through a conditional use permit process.
2. Finding: The proposed amendment will not be detrimental to the public interest, health, safety, or welfare of the City.
Evidence: The proposed Zoning Amendment is in the interest of public interest, health, safety, and welfare of the City for several reasons, and will not be detrimental. The City has an interest, as emphasized in the General Plan, in ensuring compatibility between uses, ensuring that land uses are established in such a manner and location where they will not have potential impacts on surrounding development, in discouraging the illegal purchase of tobacco products by minors, and in promoting compliance with all federal, state and local laws.
3. Finding: The proposed amendment is internally consistent with other applicable provisions of the Zoning Ordinance.
Evidence: The proposed amendment does not conflict with any other sections of the Zoning Ordinance.
Section 3. Table 17.04-1 (Permitted Land Uses in the Residential Zones) of Section 17.04.020 (Land Uses of Regulations for Residential Zones) of the Upland Municipal Code is hereby amended to add a line item for smoke shops, add dashes to the RS-20, RS-15, RS-10,, RS-7.5, RS-4, RS-MH, RM-10, RM-20, and RM-30 to indicate smoke shops are a use not allowed, add a reference to “Ch. 17.42.5” for
Ordinance No.
Smoke Shops under Applicable Regulations, change “Smoke Lounge/Tobacco Shop/E-vape/Hookah” to “Smoke Lounge/E-vape/Hookah Lounge”, as shown below, with all other portions of Table 17.04-1 to remain the same:
TABLE 17.04-1 PERMITTED LAND USES IN THE RESIDENTIAL ZONES Key
P Permitted Use
CUP Conditional Use
Permit Req.
AUP Admin. Use
Permit Req.
— Use Not Allowed
Residential Zones
Applicable
Regulatio
ns
RS-
20 RS-
15 RS-
10 RS-
7.5 RS-
4 RS-
MH
RM-
10 RM-
20 RM
-30
Commercial Land
Uses
Smoke Shops — — — — — — — — — Ch 17.42.5
Smoke Lounge/Tobacco
Shop/E-vape/Hookah
Lounge
— — — — — — — — —
Section 4. Table 17.05-1 (Permitted Land Uses in the Mixed-Use Zones) of Section 17.05.020 (Land Uses of Regulations for Mixed-Use Zones) of the Upland Municipal Code is hereby amended to add a line item for smoke shops, amend sub- note 6 to refer to Chapter 17.42.5, renumbered the former sub-notes 6 through 9 to 7 through 10, add “CUP” for each listed zone to designate that smoke shops require a Conditional Use Permit, add a reference to “Ch. 17.42.5” for Smoke Shops under Applicable Regulations, change “Smoke Lounge/Tobacco Shop/E-vape/Hookah” to “Smoke Lounge/E-vape/Hookah Lounge”, as shown below, with all other portions of Table 17.05-1 to remain the same:
TABLE 17.05-1 PERMITTED LAND USES IN THE MIXED-USE ZONES Key
P Permitted Use
CUP Conditional Use
Permit Req.
AUP Admin. Use
Permit Req.
— Use Not Allowed
Mixed-Use Zones
Applicabl
e
Regulatio
ns
C/R-MU B/R-MU C/O-MU C/I-MU
Commercial Land
Uses
Smoke Shops [6] CUP CUP CUP CUP Ch 17.42.5
Smoke
Lounge/Tobacco
Shop/E-vape/Hookah
Lounge [7]
CUP CUP CUP CUP
Temporary, Seasonal, P P P P Ch. 17.41
Ordinance No.
Key
P Permitted Use
CUP Conditional Use
Permit Req.
AUP Admin. Use
Permit Req.
— Use Not Allowed
Mixed-Use Zones
Applicabl
e
Regulatio
ns
C/R-MU B/R-MU C/O-MU C/I-MU and Special Events [7
8]
Notes:
[1] Metal shipping containers designed to carry freight are prohibited. [2] Guest houses shall only be permitted when a single-family dwelling is the primary use on the lot.
[3] Used vehicle sales are permitted on up to 20 percent of the sales space of a vehicle sales and leasing business.
[4] Markets may not be located less than 1,000 feet from another market. [5] See Chapter 17.16 (Property Maintenance and Use) for applicable screening and location standards for outdoor storage.
[6] See Chapter 17.42.5 (Smoke Shops).
[6 7] Not permitted as part of a food establishment, unless conducted outside.
[7 8] Only temporary off-site construction yards, mobile home residences, and work trailers are permitted pursuant to Chapter 17.41 (Temporary Use Permits and Film Permits).
[8 9] Administrative telecommunication facilities are prohibited on sites occupied by a residential use.
[9 10] Residential uses shall only be permitted within mixed-use and live/work developments, where each building on site meets the minimum floor area ratio requirement as specified in Section 17.05.030.”
Section 5. Table 17.06-1 (Permitted Land Uses in the Commercial Zones) of Section 17.06.020 (Land Uses of Regulations for Commercial Zones) of the Upland Municipal Code is hereby amended to add a line item for smoke shops, amend sub- note 4 to refer to Chapter 17.42.5, for smoke shops, renumber the former sub-notes 4 and 5 to 5 and 6, add “CUP” to the Neighborhood Commercial (NC), Highway Commercial (HC), Regional Commercial (RC) columns to designate that smoke shops require a Conditional Use Permit in these zones, add a dash in the Office Professional (OP) zone to designative that smoke shops are a use not allowed in this zone, for “Smoke Lounge/Tobacco Shop/E-vape/Hookah” remove the CUP for Office Professional and replace with a dash, to indicate it is a use not allowed, add a reference to “Ch. 17.42.5” for Smoke Shops under Applicable Regulations, change “Smoke Lounge/Tobacco Shop/E-vape/Hookah” to “Smoke Lounge/E-vape/Hookah Lounge”, as shown below, with all other portions of Table 17.06-1 to remain the same:
TABLE 17.06-1 PERMITTED LAND USES IN THE COMMERCIAL ZONES
Ordinance No.
Key
P Permitted Use
CUP Conditional Use
Permit Req.
AUP Admin. Use
Permit Req.
— Use Not Allowed
Commercial Zones
Applicabl
e
Regulatio
ns
Neighborho
od
Commercial
(NC)
Highway
Commerci
al (HC)
Regional
Commercial
(RC)
Office
Professi
onal
(OP)
Commercial Land
Uses
Smoke Shops [4] CUP CUP CUP — Ch 17.42.5
Smoke
Lounge/Tobacco
Shop/E-vape/Hookah
Lounge [4 5] CUP CUP CUP
CUP
—
Swap Meets and Flea
Markets [5 6] — — — —
Notes:
[1] Metal storage containers are prohibited. Accessory structures shall only be permitted where there is a residential component in a residential or non-residential zone.
[2] Used vehicle sales are permitted on up to 20 percent of the sales space of a vehicle sales and leasing business.
[3] Markets may not be located less than 1,000 feet from another market. [4] See Chapter 17.42.5 (Smoke Shops).
[4 5] Not permitted as part of a food establishment, unless conducted outside.
[5 6] Swap meets and flea markets shall only be permitted as a temporary use per Chapter 17.41 (Temporary Use Permits and Film Permits).”
Section 6. Table 17.07-1 (Permitted Land Uses in the Industrial Zones) of Section 17.07.020 (Land Uses of Regulations for Industrial Zones) of the Upland Municipal Code is hereby amended to add a line item for smoke shops, add a dash in the Light Industrial (LI) and General Industrial (GI) zones to designative that smoke shops are a use not allowed in these zones, add a reference to “Ch. 17.42.5” for Smoke Shops under Applicable Regulations, change “Smoke Lounge/Tobacco Shop/E-vape/Hookah” to “Smoke Lounge/E-vape/Hookah Lounge”, as shown below, with all other portions of Table 17.07-1 to remain the same:
TABLE 17.07-1 PERMITTED LAND USES IN THE INDUSTRIAL ZONES
Ordinance No.
Key
P Permitted Use
CUP Conditional Use
Permit Req.
AUP Admin. Use
Permit Req.
— Use Not Allowed
Industrial Zones
Light
Industrial
(LI)
General
Industrial
(GI)
Applicable
Regulations
Commercial Land
Uses
Smoke Shops — — Ch 17.42.5
Smoke
Lounge/Tobacco
Shop/E-vape/Hookah
Lounge — —
Section 7. Table 17.08-1 (Permitted Land Uses in the Special Purpose Zones) of Section 17.08.020 (Land Uses of Regulations for Special Purpose Zones) of the Upland Municipal Code is hereby amended to add a line item for smoke shops, add a dash in the Cable Airport (CA), Public/Institutional (PB/I), Open Space (OS), and Mining (M) zones to designative that smoke shops are a use not allowed in these zones, add a reference to “Ch. 17.42.5” for Smoke Shops under Applicable Regulations, change “Smoke Lounge/Tobacco Shop/E-vape/Hookah” to “Smoke Lounge/E-vape/Hookah Lounge”, as shown below, with all other portions of Table
17.08-1 to remain the same:
TABLE 17.07-1 PERMITTED LAND USES IN THE SPECIAL PURPOSE ZONES
Key
P Permitted Use
CUP Conditional Use
Permit Req.
AUP Admin. Use
Permit Req.
— Use Not Allowed
Special Purpose Zones
Cable
Airport
(CA)
Public/
Institutional
(PB/I)
Open
Space
(OS)
Mining
(M)
Applicable
Regulation
s
Commercial Land
Uses
Smoke Shops — — — — Ch. 17.42.5
Smoke
Lounge/Tobacco
Shop/E-vape/Hookah
Lounge — — — —
Ordinance No.
Section 8. Section 17.29.150 of the Upland Municipal Code is hereby added in its entirety to read as follows:
“17.29.150 Conditional Use Permit Required
It is unlawful for any person to engage in, conduct or carry on, or to permit the engagement in, conduct of or carrying on the business or operation of a massage establishment within the City without first obtaining a conditional use permit pursuant to the provisions of this chapter and Section 17.44.040 (Conditional Use Permits).”
Section 9. Section 17.29.160 of the Upland Municipal Code is hereby added in its entirety to read as follows:
“17.29.160 Conditional Use Permit Finding
A. The decision making authority shall make a determination to allow a new massage establishment based upon the following finding, in addition to the findings required for Conditional Use Permits contained within Section
17.44.040(F):
1. No massage establishment may be located within 1,000 feet of another massage establishment in the City. New massage establishments that are located more than 1,000 feet of another massage establishment may be considered if deemed not to be detrimental to health and safety concerns, including but not limited to: a) the proximity of the establishment to sensitive uses; b) the concentration of one or more existing massage establishments within a 2,000 foot buffer; c) and the proximity of the massage establishment to an existing massage therapy establishment(s) with a history of violations with Code Enforcement or the Police Department.
B. For the purposes of this section, all distances shall be measured by drawing a circle around the center point of the unit or building containing the massage establishment.
C. For the purposes of this section, sensitive uses shall include parks, playgrounds, schools, day care centers or preschools, and libraries.”
Section 10. Chapter 17.42.5 of the Upland Municipal Code is hereby added in its entirety to read as follows:
“Chapter 17.42.5 SMOKE SHOPS
17.42.5.010 Purpose
Ordinance No.
The purpose of this chapter is to establish standards and review criteria for smoke shops in the interests of public health, safety and general welfare.
17.42.5.020 Applicability
This chapter applies to all smoke shops as defined in Section 17.51.010 of Chapter 17.51 of the Upland Municipal Code.
17.42.5.030 Authority
Smoke shops require a Conditional Use Permit in the C/R-MU, B/R-MU, C/O- MU, CI/MU, NC, HC, and RC zones, which is a discretionary action approved by the Planning Commission. Refer to Part 5 (Land Use and Development Approval Procedures) of the Zoning Ordinance for permit application procedures.
17.42.5.040 Factors Considered In Granting Conditional Use Permits
In addition to the findings required In Section 17.44.040 of this title, the Planning Commission may consider the following factors in determining whether to issue a conditional use permit, or in applying conditions of approval.
1. Proximity of the use to residential structures and residential district boundaries, and sensitive uses, including parks, playgrounds, schools, day care centers or preschools, and libraries.
2. Nature of uses on the same, adjacent, and nearby properties.
3. The presence of one or more smoke shops within 2,000 feet of the proposed use.
4. The compatibility of the use’s operational characteristics with those of surrounding commercial uses.
5. The design of proposed improvements (if any) related to the use, with particular reference to design characteristics that have the effect of reducing or eliminating impacts to surrounding uses.
17.42.5.050 Operational Requirements
1. The business shall comply with all of the conditions of the conditional use permit that authorizes its operation.
2. Each smoke shop shall hold a valid California Cigarette and Tobacco Products Retailer’s License issued by the State Board of Equalization, in accordance with State law, and shall be prominently displayed in a publicly visible location at the establishment.
3. There shall be no self-service display or sales, including vending machines, of tobacco or tobacco paraphernalia.
Ordinance No.
4. No on-premises use of tobacco products shall be permitted at any time.
5. No person who is younger than the minimum age of eighteen (18) years or as established by State law shall be permitted to sell, display, market, barter, trade or exchange any combination of tobacco, tobacco products, or smoking or exchange of tobacco paraphernalia, including electronic smoking devices and accessories.”
Section 11. Section 17.51.010 Definitions of the Upland Municipal Code is hereby amended to amend the definition of “Smoke Lounge/Tobacco Shop/E- vape/Hookah” to reflect the updated definition term of “Smoke Lounge/E- vape/Hookah Lounge”, strike “Tobacco Shop” from the text of the definition, update the term for “Hookah” as “Hookah Lounge” in the text of the definition, and add a definition for “Smoke Shop”, as shown below, with all other portions of Section
17.51.010 to remain the same:
Term Definition
Smoke
Lounge/Tobacco
Shop/E-
vape/Hookah
Lounge
“Smoking Lounge/Tobacco Shop/E-vape/Hookah
Lounge” refers to an establishment that is dedicated, in whole or part, to providing tobacco or other substances for smoking by patrons on the premises for a fee,
including but not limited to establishments known as
cigar lounges, hookah lounges, tobacco clubs, tobacco
bars, e-vape or similar use (i.e., e-cigarette, e-hookah, vape pen, etc.). Does not include a “retail or wholesale tobacco shop,” which sells tobacco products and smoking accessories, but does not provide for on-premises use of tobacco products.
Smoke Shop
A retail establishment that either exclusively sells or has more than five percent (5%) of their floor area dedicated to the sale, display, distribution, delivery, or marketing of tobacco, tobacco products and smoking paraphernalia
but does not provide for on-premises use of tobacco
products. Tobacco shall mean any preparation of the
nicotine-rich leaves of the tobacco plant for smoking,
vaping, healing, inhaling, chewing, absorbing,
dissolving, or ingesting by any other means. Tobacco
products may include, but are not limited to: cigarettes, cigars, e-cigarettes, vaporizers or similar electronic
devices that deliver nicotine to the person inhaling from the device, hookahs, pipes, bongs, and related devices
for holding burning material.
Section 12. Compliance with California Environmental Quality Act. This Ordinance is exempt from review under the California Environmental Quality Act ("CEQA") (California Public Resources Code Section 21000, et seq.), pursuant to
Ordinance No.
State CEQA Regulation §15061(b)(3) (14 Cal. Code Regs. § 15061(b)(3), the common sense exemption covering activities with no possibility of having a significant effect on the environment because the Resolution does not result in any actual development, and only updates regulatory guidelines for smoke shops and massage therapy establishments.
Section 13. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.
Section 14. Effective Date. This Ordinance shall become effective thirty (30) days from its adoption.
Section 15. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published in a newspaper of general circulation printed pursuant to all legal requirements.
PASSED, APPROVED, AND ADOPTED this ___ day of _________, 2022.
Bill Velto, Mayor
I, Keri Johnson, City Clerk of the City of Upland, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Upland held on the 10th day of October, 2022, and was adopted at a regular meeting of the City Council of the City of Upland on the ____ day of __________, 2022, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
Keri Johnson, City Clerk
© OpenStreetMap (and) contributors, CC-BY-SA
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parks
School_Sites
SmokeShopLocation_Buffer
© OpenStreetMap (and) contributors, CC-BY-SA
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School_Sites
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© OpenStreetMap (and) contributors, CC-BY-SA
µCity Boundary
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parks
School_Sites
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MassageLocations_Buffer1000ft
8/25/22, 5:27 PM Chapter 17.29 MASSAGE THERAPY
https://library.qcode.us/lib/upland_ca/pub/municipal_code/item/title_17-part_4-chapter_17_29?view=all 1/13 Upland, California Municipal Code
Title 17 ZONING ORDINANCE
Part 4 SPECIAL LAND USE REGULATIONS
Chapter 17.29 MASSAGE THERAPY
17.29.010 Purpose
17.29.020 Operator ’s Permit Required
17.29.030 Exemptions
17.29.040 Massage Establishment Application
17.29.050 Massage Establishment Operator ’s Permit Application Requirements
17.29.060 Massage Establishment Design Standards
17.29.070 Massage Establishment Performance Standards
17.29.080 Inspections
17.29.090 California Massage Therapy Council Certification
17.29.100 Denial, Suspension or Revocation of Operator ’s Permit
17.29.110 Notice for Denial, Suspension or Revocations
17.29.120 Appeals
17.29.130 Procedure for Compliance for Existing Establishments
17.29.140 Transfer or Assignment
17.29.010 Purpose
This chapter provides standards for massage establishments, massage owners or operators, massage practitioners, and massage therapists as defined in Part 7 (Definitions). These standards are intended to:
A. Protect the public health, safety, and welfare; B. Ensure that the establishment and conduct of massage establishments is properly regulated; and
8/25/22, 5:27 PM Chapter 17.29 MASSAGE THERAPY
https://library.qcode.us/lib/upland_ca/pub/municipal_code/item/title_17-part_4-chapter_17_29?view=all 2/13 C. Establish the minimum qualifications for operating a massage establishment in the City of Upland. (Ord. 1919 § 2, 2017)
17.29.020 Operator ’s Permit Required
It is unlawful for any person to engage in, conduct or carry on, or to permit the engagement in, conduct of or carrying on the business or operation of a massage establishment within the City without first obtaining an operator’s permit pursuant to the provisions of this chapter, and complying with all other applicable provisions of this code, including, but not limited to, securing the necessary business license and complying with Title 15 of this code. (Ord. 1919 § 2, 2017)
17.29.030 Exemptions
The provisions of this chapter shall not apply to the following classes of individuals or businesses while engaged in the performance of the duties of their respective professions:
A. Physicians, surgeons, chiropractors, osteopaths, or physical therapists who are duly licensed to practice their respective professions in the state of California, provided such professionals are lawfully performing massage, as defined in this chapter, at a licensed business as part of their respective professions, and further provided, massage or massage establishment activities are not being performed at any time by any person who is required to but does not possess a massage practitioner or massage therapist certification pursuant to this chapter;
B. Registered or licensed vocational nurses working on the premises of and under the direct supervision of a state-licensed physician, surgeon, chiropractor, or osteopath. Practical nurses or other persons that do not meet the requisite qualifications to obtain a massage practitioner or massage therapist certification under this chapter, or any other person otherwise licensed by the state of California, whether or not employed by a physician, surgeon, chiropractor or osteopath, may not provide massage services or act as a massage practitioner or massage therapist; C. Barbers, beauticians, and manicurists who are duly licensed by the state of California while engaging in the practice within the scope of their respective licenses, for which this exemption applies solely to the massaging of the neck, face, and/or scalp of the customer of a barber or beautician, or massaging of the forearms, hands, calves, and/or feet of the customer of a licensed manicurist; D. Hospitals, nursing homes, sanitariums, or other health care facilities duly licensed by the state of California;
E. Fully accredited high schools, junior colleges, and colleges or universities whose athletic coaches and trainers are acting within the scope of their employment; F. Trainers of amateur, semiprofessional, or professional athletes or athletic teams; G. Massage conducted in the course of education at any recognized school of massage, as defined in this chapter. (Ord. 1919 § 2, 2017)
8/25/22, 5:27 PM Chapter 17.29 MASSAGE THERAPY
https://library.qcode.us/lib/upland_ca/pub/municipal_code/item/title_17-part_4-chapter_17_29?view=all 3/13
17.29.040 Massage Establishment Application
A. Any person desiring to operate a massage establishment shall submit a written application under penalty of perjury on the required form to the Chief of Police, who shall conduct an investigation. The application shall be accompanied by a non-refundable filing fee established by separate resolution of the City Council to help defray the cost of the investigation required by this chapter.
B. The application shall be completed and signed by the owner of the proposed massage establishment, if a sole proprietorship, or, if the applicant is a corporation or partnership, it shall designate one of its officers or general partners as its authorized representative. The authorized representative shall complete and sign all application forms required for an individual applicant under this chapter.
C. The application and fee required pursuant to this section shall be in addition to any other license, permit or fee required by any other chapter of this code or ordinance hereafter adopted. Only one application fee shall be charged regardless of the number of owners or operators designated in the application.
D. The application for a permit does not authorize the operation of a massage establishment unless and until such permit has been properly granted, nor does the possession of a valid massage establishment permit authorize the possessor to perform work for which a massage technician permit is required. (Ord. 1919 § 2, 2017)
17.29.050 Massage Establishment Operator ’s Permit Application Requirements
The application for a massage owner or operator’s permit shall contain or be accompanied by the following information:
A. The type of ownership of the business, i.e., whether by individual, partnership, corporation or otherwise.
1. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter together with the state and date of incorporation and the names and residence addresses of each of its current officers, directors and each stockholder holding more than five percent of the stock of that corporation.
2. If the applicant is a partnership, the application shall set forth the name and residence address of each of the partners, including limited partners.
3. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership filed with the Secretary of State. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall apply.
8/25/22, 5:27 PM Chapter 17.29 MASSAGE THERAPY
https://library.qcode.us/lib/upland_ca/pub/municipal_code/item/title_17-part_4-chapter_17_29?view=all 4/13 B. The true full and precise name under which the massage establishment is to be conducted.
C. The present or proposed address where the massage establishment is to be conducted and all telephone numbers for the massage establishment.
D. A complete current list of the names and residence addresses of all proposed massage technicians, aides, trainees and other employees who are or will be employed in the massage establishment, if known. If not known at the time of submission of the application, the applicant shall provide the required information no later than ten calendar days prior to opening for business.
E. The name and residence addresses of the proposed operator or manager who will be principally in charge of the operation of the massage establishment.
F. A description of any other business operated on the same premises as the proposed massage establishment, or within the city or the state, which is owned or operated by the owner or operator.
G. The name and address of the owner and lessor of the real property upon or in which the proposed business is to be conducted. In the event the applicant is not the legal owner of the property, the application must be accompanied by a copy of the lease and a notarized affidavit from the owner of the property acknowledging that a massage establishment will be located on his or her property.
H. The complete business, occupation and employment history for eight years preceding the date of application, including, but not limited to, a massage establishment or similar type of business history and experience of the applicant.
I. The complete massage permit history; whether such person has ever had any similar type of permit or license issued by any agency, board, city, county, territory or state; the date of issuance of such a permit or license, whether the permit or license has been or was ever denied, revoked or suspended; if a vocational or professional license or permit has been or was ever denied, revoked or suspended; if the applicant has ever been required to surrender a permit or license as a result of pending criminal charges or in lieu of said permit or license being suspended or revoked and the reason therefor.
J. All criminal convictions, including pleas of nolo contendere, within the last 10 years including those convictions dismissed or expunged pursuant to Penal Code Section 1203.4, but excluding minor traffic violations, and the date and place of each such conviction and reason therefor.
K. A complete set of fingerprints taken by the Police Department. The applicant shall be responsible for payment of any fingerprinting fee.
L. Two portrait photographs at least two inches by two inches in size taken within the last month.
M. Authorization for the City, its agents and employees to seek verification of the information contained in the application.
N. Such other identification and information as the Chief of Police may reasonably require in order to discover the truth of the matters herein specified and as required to be set forth in the application.
8/25/22, 5:27 PM Chapter 17.29 MASSAGE THERAPY
https://library.qcode.us/lib/upland_ca/pub/municipal_code/item/title_17-part_4-chapter_17_29?view=all 5/13 O. A statement in writing and dated by the person providing the information that he or she certifies under penalty of perjury that all information contained in the application is true and correct.
P. A certificate of compliance from any affected department or agency, including, but not limited to, the City’s Development Services Department, Building Division and the San Bernardino County Health Department must be submitted prior to the application’s final approval. Any required inspection fees shall be the sole responsibility of the applicant. If the certificates of compliance are not received by the Chief of Police within 90 calendar days of the date of filing of the application, said application shall be deemed void. If any land use permit or other entitlement for the use of the property as a massage establishment is required, such permit or use entitlement shall be obtained by the applicant prior to the massage establishment permit becoming effective.
Q. Every owner and operator shall also provide the following personal information:
1. The full, true name and all aliases used;
2. Date and place of birth, valid picture identification, such as a California or other state driver ’s license, California or other state identification card, resident alien card, if applicable; and social security card or proof of authority to work in the United States;
3. The current residence address and residence telephone number and all previous residential addresses for a minimum of eight years immediately preceding the present address of the applicant and the dates of residence for each address;
4. Acceptable written proof that the owner and/or operator is at least 18 years of age;
5. Height, weight, gender and color of hair and eyes.
R. If, during the term of a permit, the permittee has any change in information submitted on the original or renewal application, the permittee shall notify the Police Department in writing of any such change within 10 business days thereafter.
S. If an owner or operator also desires to act as a massage technician or out call massage technician, he or she shall also satisfy the requirements for the respective permit set forth in this chapter. (Ord. 1919 § 2, 2017)
17.29.060 Massage Establishment Design Standards
Every massage establishment shall maintain facilities meeting all of the following requirements:
A. Signs shall be in conformance with Chapter 17.15 (Signs).
B. Minimum lighting shall be provided in accordance with the California Building Code or successor provision or provisions. In addition, at least one artificial light of not less than 60 watts shall be provided in each room or enclosure where massage services are performed on patrons. The lighting in each room or enclosure shall be activated and maintained in operation without interruption at all times while the patron is in such room or enclosure.
8/25/22, 5:27 PM Chapter 17.29 MASSAGE THERAPY
https://library.qcode.us/lib/upland_ca/pub/municipal_code/item/title_17-part_4-chapter_17_29?view=all 6/13 C. Minimum ventilation shall be provided in accordance with the California Building Code or successor provision or provisions.
D. Adequate equipment for disinfecting and sterilizing instruments used in performing the acts of massage shall be readily available.
E. Hot and cold running water shall be provided at all times.
F. Closed cabinets with solid doors shall be provided for storage of clean linens.
G. Adequate, dressing, locker, and toilet facilities shall be provided to patrons. Dressing areas and lockers that are capable of being locked, may be provided in enclosed massage therapy rooms; alternatively separate male and female dressing rooms with lockers that are capable of being locked, shall be provided.
H. Restrooms shall be provided either as a single occupancy gender neutral restroom facility, or separate male and female restrooms shall be provided.
I. If bathing facilities are provided, separate male and female facilities shall be provided resulting in a minimum of two separate bathing facilities.
J. A minimum of one separate wash basin for employees shall be provided at all times. The basin shall be separate from the public restrooms and located within or as close as practicable to the area devoted to performing massage services. Sanitary towels shall also be provided at each basin.
K. Massage tables or massage chairs of a type and nature used by professionals in this industry shall be utilized and each shall have, at minimum, a two-inch thick foam pad covered with durable, washable plastic or other waterproof material. Beds, floor mattresses, and waterbeds are not permitted to be used.
L. At the beginning of a treatment session, the massage practitioner or massage therapist shall provide to all patrons clean, sanitary, and opaque coverings capable of covering the patron’s genitals. In addition, a female patron’s breasts shall be fully covered by a nontransparent covering.
M. The Chief of Police shall require that the following notice be posted in the event that any employee of the massage establishment or any person who has been aided and abetted by an employee of the massage establishment has been found, after full hearing by administrative proceeding or by a court of competent jurisdiction, to have violated any of the offenses that would be grounds for denial under Sections 17.29.100 and 17.29.110.
NOTICE TO ALL PATRONS
THIS MASSAGE ESTABLISHMENT AND THE MASSAGE ROOMS DO NOT PROVIDE
COMPLETE PRIVACY AND ARE SUBJECT TO INSPECTION BY UPLAND POLICE DEPARTMENT WITHOUT PRIOR NOTICE.
N. No massage establishment shall have installed or utilize any signaling devices of any type to alert employees and/or customers to the presence of law enforcement personnel.
8/25/22, 5:27 PM Chapter 17.29 MASSAGE THERAPY
https://library.qcode.us/lib/upland_ca/pub/municipal_code/item/title_17-part_4-chapter_17_29?view=all 7/13 O. The receptionist station shall be a designated area for greeting customers, contiguous to the customer lobby. If partitioned from the customer lobby, it shall have a clear, unobstructed opening, or an opening of clear unobstructed glass, at least 30 inches by 30 inches which allows unobstructed visibility between the customer lobby and the interior of the receptionist station. (Ord. 1919 § 2, 2017)
17.29.070 Massage Establishment Performance Standards
No person shall engage in, operate, conduct, or carry on, or permit to be engaged in, conducted, or carried on, any massage establishment, unless each and all of the following requirements are met:
A. The premises shall be open only between the hours of 7:00 a.m. to 9:00 p.m. Massage services shall be carried out and concluded in time to comply with the 9:00 p.m. closing time. A list of services available as approved pursuant to the application and the cost of such services shall be posted in an open public place within the premises and shall be described in readily understandable language. In the event any list of services and costs posted or provided hereunder is in a language other than English, the permittee shall, at the permittee’s cost and expense, provide to the Chief of Police an English language translation thereof. Such English translation shall be attested to as being a full, true and correct translation thereof under penalty of perjury under the laws of the state of California. No owner, manager, operator, responsible managing employee, or permittee shall permit, and no massage practitioner or massage therapist certification shall offer or perform, any service other than those posted.
B. The massage establishment permits and a copy of the license and photo of each and every massage practitioner or massage therapist employed in the establishment shall be displayed in an open and conspicuous place on the premises.
C. Every massage establishment shall keep a written record of the date and hour of each treatment, the name and address of each patron, the name of the massage practitioner or massage therapist administering the treatment, and the type of treatment administered. Such written record shall be maintained on forms approved by the Chief of Police. Such records shall be open to inspection only by officials charged with enforcement of this chapter, shall be available during all business hours of the establishment, and shall be used for no other purpose. Any unauthorized disclosure or use of such information by any person, including any officer or employee of the City or the County of San Bernardino, or the owner or employee of the massage establishment, shall constitute a misdemeanor, punishable as provided in this chapter, in addition to any other penalties provided by law. Such records shall be maintained on the premises of the massage establishment for a period of two years.
D. Massage establishments shall at all times be equipped with an adequate supply of clean, sanitary towels, coverings, and linens. Clean towels, coverings, and linens shall be stored in enclosed cabinets with solid doors. Towels and linens shall not be used on more than one patron, unless such towel or linen has first been laundered and disinfected. Disposable towels and coverings shall not be used on more than one patron. Soiled linens and towels shall be deposited in separate, health department approved receptacles.
8/25/22, 5:27 PM Chapter 17.29 MASSAGE THERAPY
https://library.qcode.us/lib/upland_ca/pub/municipal_code/item/title_17-part_4-chapter_17_29?view=all 8/13 E. Wet and dry heat rooms, steam or vapor rooms or cabinets, toilet rooms, shower and bath rooms, tanning booths, whirlpool baths, and pools shall be thoroughly cleaned and disinfected as needed, and at least once each day the premises are open, with a disinfectant approved by the San Bernardino County health department. Bathtubs shall be thoroughly cleaned with a disinfectant, approved by the health department, after each use. All walls, ceilings, floors, and other physical facilities of the establishment must be in good repair and maintained in a clean and sanitary condition.
F. Instruments utilized in performing massage shall not be used on more than one patron unless such instruments have been sterilized, using approved sterilizing methods.
G. All employees, including massage practitioner or massage therapist, shall be clean, and wear clean, nontransparent outer garments. Such garments shall not expose genitals, pubic area, buttocks, or chest.
H. No person shall enter, be, or remain in any part of a massage establishment while in the possession of, consuming, under the influence of, or using any alcoholic beverage or drugs except pursuant to a prescription for such drugs. The owner, operator, responsible managing employee, manager, or permittee shall not permit any such person to enter or remain upon such premises.
I. No massage establishment shall operate as a school of massage or use the same facilities as that of a school of massage.
J. No massage establishment granted a permit under this article shall place, publish, or distribute or cause to be placed, published, or distributed any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective customers or clients that any service is available other than those services described in Part 7 (Definitions: Massage Establishment). No massage establishment or outcall massage service shall employ language in the text of such advertising that would reasonably suggest to a prospective patron that any service is available other than those services as described in Part 7 (Definitions: Massage). All exterior doors shall remain unlocked from the interior side during business hours.
K. A massage shall not be given and no patron shall be in the presence of a massage practitioner or massage therapist or other employee unless the patron’s genitals are fully covered by a nontransparent covering. In addition, a female patron’s breast shall be fully covered by a nontransparent covering.
L. No massage establishment shall be open for business without at least one on-site manager and one massage practitioner or massage therapist on the premises at all times who is in possession of a current valid permit. (Ord. 1919 § 2, 2017)
17.29.080 Inspections
A. To the maximum extent permitted by law, the Police Chief, Development Services Director, Code Enforcement and the San Bernardino County Health Department, or each of the aforementioned authorized representatives, shall have the right to enter any massage establishment for the purpose of making reasonable unscheduled inspections to observe and enforce compliance with applicable regulations, laws, and provisions of this chapter.
8/25/22, 5:27 PM Chapter 17.29 MASSAGE THERAPY
https://library.qcode.us/lib/upland_ca/pub/municipal_code/item/title_17-part_4-chapter_17_29?view=all 9/13 B. The Code Enforcement official and each and all of his or her assistants and any police officer shall have the power and authority to enter, free of charge, and at any reasonable time, any place of business required to be licensed herein, and demand an exhibition of its license certificate. Any person having such license certificate theretofore issued, in his or her possession or under his or her control that fails to exhibit the same on demand, shall be guilty of a misdemeanor and subject to the penalties provided for by the Upland Municipal Code. (Ord. 1919 § 2, 2017)
17.29.090 California Massage Therapy Council Certification All massage practitioners and massage therapists shall be required to obtain certification from the California Massage Therapy Council in order to practice massage therapy in the City of Upland. In addition to the other requirements of this chapter, a certificate holder shall:
A. Display his or her original certificate wherever he or she provides massage for compensation. A certificate holder shall have his or her identification card in his or her possession while providing massage services for compensation.
B. Provide his or her full name and certificate number upon the request of a member of the public, member of law enforcement, or local government agency charged with regulating massage or massage establishments, at the location where he or she is providing massage services for compensation.
C. Include the name under which he or she is certified and his or her certificate number in any and all advertising of massage for compensation.
D. Notify the City within 30 days of any changes in the certificate holder’s address where he or she provides massage for compensation. (Ord. 1919 § 2, 2017)
17.29.100 Denial, Suspension or Revocation of Operator ’s Permit It is a violation of this chapter for an applicant or a holder of a business license, operator ’s permit or certificate to practice massage to commit any of the following acts, the commission of which is grounds for the City to deny, suspend or revoke a permit:
A. Unprofessional conduct, including, but not limited to, any of the following:
1. Advertising illegal sexual acts and/or services not authorized under this code.
2. Engaging in any form of sexual activity on the premises of a massage establishment where massage is provided for compensation, excluding a residence.
3. Engaging in sexual activity while providing massage services for compensation.
4. Practicing massage on a suspended certificate or practicing outside of the conditions of a restricted certificate.
5. Providing massage of the genitals or anal region.
8/25/22, 5:27 PM Chapter 17.29 MASSAGE THERAPY
https://library.qcode.us/lib/upland_ca/pub/municipal_code/item/title_17-part_4-chapter_17_29?view=all 10/13
6. Providing massage of female breasts without the written consent of the person receiving the massage and a referral from a licensed California health care provider.
B. Procuring or attempting to procure a certificate by fraud, misrepresentation, or mistake.
C. Failing to fully disclose all information requested on the application.
D. Impersonating an applicant or acting as a proxy for an applicant for the issuance of a permit or business license.
E. Impersonating a certificate holder, or permitting or allowing a noncertified person to use a certificate.
F. Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provision of this chapter or any rule or bylaw adopted by the state.
G. Committing any fraudulent, dishonest, or corrupt act that is substantially related to the qualifications or duties of a certificate holder.
H. Denial of licensure, revocation, suspension, restriction, citation, or any other disciplinary action against an applicant or certificate holder by another state or territory of the United States, by any other government agency, or by another California health care professional licensing board. A certified copy of the decision, order, judgment, or citation shall be conclusive evidence of these actions.
I. Being convicted of any felony, misdemeanor, infraction, or municipal code violation, or being held liable in an administrative or civil action for an act, that is substantially related to the qualifications, functions, or duties of a certificate holder. A record of the conviction or other judgment or liability shall be conclusive evidence of the crime or liability.
J. Dressing while engaged in the practice of massage for compensation, or while visible to clients in a massage establishment, in any of the following:
1. Attire that is transparent, see-through, or substantially exposes the certificate holder ’s undergarments.
2. Swim attire, if not providing a water-based massage modality approved by the council.
3. A manner that exposes the certificate holder ’s breasts, buttocks, or genitals.
4. A manner that constitutes a violation of Section 314 of the Penal Code.
5. A manner that is otherwise deemed by the City to constitute unprofessional attire based on the custom and practice of the profession in California.
K. Committing any act punishable as a sexually related crime or being required to register pursuant to the Sex Offender Registration Act (Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1 of the Penal Code), or being required to register as a sex offender in another state.
8/25/22, 5:27 PM Chapter 17.29 MASSAGE THERAPY
https://library.qcode.us/lib/upland_ca/pub/municipal_code/item/title_17-part_4-chapter_17_29?view=all 11/13 L. Holding himself or herself out or to use the title of “certified massage therapist” or “certified massage practitioner,” or any other term, such as “licensed,” “certified,” “CMT,” or “CMP,” in any manner whatsoever that implies or suggests that the person is certified as a massage therapist or massage practitioner, unless that person currently holds an active and valid certificate issued by the state.
M. Falsely stating or advertising or putting out any sign or card or other device, or falsely representing to the public through any print or electronic media, that he or she or any other individual is licensed, certified, or registered by a governmental agency as a massage therapist or massage practitioner. (Ord. 1919 § 2, 2017)
17.29.110 Notice for Denial, Suspension or Revocations
When the Police Chief concludes that grounds for denial, suspension, revocation or refusal to renew a permit exist, the Police Chief shall serve the applicant or permit holder, either personally or by deposit in the U.S. mail (postage prepaid, first class), addressed to the applicant’s current address or addresses on file with the Police Department, with a notice of denial, non-renewal or notice of intent to suspend or revoke a permit (the “notice”). This notice shall state the reasons for the proposed action, the effective date of the decision, the right of the applicant or permit holder to appeal the decision to the City Manager and that the Police Chief’s decision will be final if no appeal is filed within the time stated. If the above notice is mailed and the address(es) on file is found to be invalid and mail cannot be delivered, the time for filing an appeal shall end upon notice to the City of such invalidity or inability to deliver. The permit may then be revoked immediately, due to the address not being current as required by this chapter. (Ord. 1919 § 2, 2017)
17.29.120 Appeals
A. The right to appeal to the City Manager shall terminate upon the expiration of 15 calendar days from the date of deposit in the U.S. mail (postage prepaid, first class), or from personal service of the above notice. The appeal shall be personally delivered to or sent by U.S. mail (postage paid, first class), to the Chief of Police.
B. In the event an appeal is timely filed, the suspension or revocation shall not become effective until a final decision has been rendered by the City Manager. If no appeal is filed, the suspension or revocation shall become effective upon the expiration of the period for filing appeals.
C. The City Manager shall set a date, time and place for a hearing on appeal and shall notify the appellant of such date, time and place of the hearing. Said notice shall be sent by certified mail with proof of service attached, to the appellant, applicant or permittee at least 10 calendar days prior to the date of the hearing, addressed to the address listed on the respective application or, the address given in the notice of appeal. The appellant, applicant or permittee shall be entitled to notice of the basis for the proposed action, a copy of the documents upon which the notice was based and will have the opportunity to present contrary evidence at the hearing.
D. The City Manager, in his or her sole discretion, may grant or deny a request for a continuance.
8/25/22, 5:27 PM Chapter 17.29 MASSAGE THERAPY
https://library.qcode.us/lib/upland_ca/pub/municipal_code/item/title_17-part_4-chapter_17_29?view=all 12/13 E. The City Manager shall preside over the hearing on appeal or, in the alternative, the City Manager may appoint a hearing officer to conduct the hearing and receive relevant evidence. The City Manager or designee shall render a written decision within 45 calendar days from the date of the hearing. The decision of the City Manager or designee shall be final.
F. The following rules of evidence shall apply at the hearing:
1. Oral evidence shall be taken only under oath or affirmation. The City Manager or designee shall have authority to administer oaths, and to receive and rule on admissibility of evidence.
2. Each party shall have the right to call and examine witnesses, to introduce exhibits, and to cross-examine opposing witnesses who have testified under direct examination. The City Manager or designee may also call and examine any witness.
3. Technical rules relating to evidence and witnesses shall not apply to hearings provided for in this chapter. Any relevant evidence may be admitted if it is material and is evidence customarily relied upon by responsible persons in the conduct of their affairs regardless of the existence of any common law or statutory rule which might make admission of such evidence improper over objection in civil actions. Hearsay testimony may be admissible and used for the purpose of supplementing or explaining any evidence given in direct examination, but shall not be sufficient in itself to support a finding unless such testimony would be admissible over objection in civil actions.
The rules of privilege shall be applicable to the extent they are now, or are hereafter permitted in civil actions. Irrelevant, collateral, undue, and repetitious testimony shall be excluded. (Ord. 1919 § 2, 2017)
17.29.130 Procedure for Compliance for Existing Establishments A. Massage establishments in existence at the time of the adoption of the ordinance codified in this chapter shall comply with the provisions of this chapter in accordance with the following:
1. Within 30 days of the effective date of the ordinance codified in this chapter, the City shall notify the owners and operators of each massage establishment in the City of the ordinance’s adoption. The City shall send a copy of the ordinance and a schedule for compliance via certified return receipt mail. If a notice is returned, the City shall send the notice via standard U.S. mail.
2. Within 30 days of the mailing of the notice in subsection (A)(1), the massage establishment operator shall submit an application for an operator ’s permit to the City in accordance with the provisions set forth in Section 17.29.040.
B. An existing massage establishment operator may make a written request for an extension of time to comply with the deadlines herein, upon a demonstrated showing of hardship. The Development Services Director or designee will hear the matter, and grant, deny or modify the request for an extension based on whether the facts demonstrate a reasonable and legitimate hardship for the operator. The decision of the Development Services Director or designee shall be final and not subject to appeal to the Planning Commission or City Council. (Ord. 1919 § 2, 2017)
8/25/22, 5:27 PM Chapter 17.29 MASSAGE THERAPY
https://library.qcode.us/lib/upland_ca/pub/municipal_code/item/title_17-part_4-chapter_17_29?view=all 13/13
17.29.140 Transfer or Assignment
No operator’s permit may be sold, transferred or assigned by a permittee, or by operation of law, to any other person or persons. Any such sale, transfer or assignment, or attempted sale, transfer or assignment, shall be deemed to constitute a voluntary surrender of such permit and such permit shall thereafter be null and void except as hereinafter set forth. (Ord. 1919 § 2, 2017) Contact:
City Clerk: 909-931-4120
Published by Quality Code Publishing, Seattle, WA. By using this site, you agree to the terms of use.
Item No. 12.A
SPECIAL ECONOMIC DEVELOPMENT COMMITTEE MEETING
SEPTEMBER 29, 2022
**********
CONCLUSION/ACTION SUMMARY
1) CALL TO ORDER AND ROLL CALL
In attendance: Committee Chair Zuniga (via Zoom), Committee Member Maust, Advisory Members Hanneman and Stark, Development Services Director Dalquest, Economic Development Coordinator Picazo, and Contract Rehabilitation Programs Administrator Arellano.
2) ORAL COMMUNICATIONS None.
3) PRESENTATION ON ECONOMIC DEVELOPMENT EFFORTS BY TIERRA WEST ADVISORS, Jason Chiang, John Yonai, and Rose Yonai of Tierra West Advisors presented information on the draft Digital Marketing Strategy and answered questions from the Committee.
4) DISCUSSION ON DEVELOPMENT AND DOWNTOWN ACTIVITY, Development Services Director Dalquest provided an overview of the report on the development highlights in Upland, Contract Rehabilitation Programs Administrator Arellano provided an update on the façade improvement program in the downtown , and Economic Development Coordinator Picazo provided a brief update on downtown activities. Staff then answered questions from the Committee.
Special Economic Development Committee Meeting
September 29, 2022
4:00 P M
Carnegie Building, 123 East D Street and 13000 Peyton Drive, Chino Hills CA 91709
***************
1.C A L L TO O R D E R A ND R O L L C A L L
2.O R A L C O MMUNI C AT I O NS
3.P R E S E NTAT I O N O N E C O NO MI C D E V E L O P ME NT E F F O RT S B Y T I E R R A
W E S T A D V I S O R S
4.D I S C US S I O N O N D E V E L O P ME NT A ND D O W NTO W N A C T I V I T Y NOT E: A ll Agenda items and back-up materials are available for public review at the U pland P ublic Library, downstairs reference desk at 450 N orth E uclid Avenue, the C ity C lerk's O ffice at 460 N orth E uclid Avenue and the C ity website at www.uplandca.gov .
I n compliance with the A mericans with D isabilities Act, if you need special assistance to participate in this meeting, please contact the C ity C lerk's Office at 909.931.4120. N otification 48 hours prior to the meeting will enable the C ity to make reasonable arrangements to ensure accessibility to this meeting. [28 C F R
35.102-35.104 A DA Title I I ]
P O S T I N G S T A T E M E N T : O n S e p t e m b e r 2 8 , 2 0 2 2 , a t rue a nd co rre ct co p y o f t h i s a g e n d a w a s p o s t e d a t 123 E . D S t re e t (C a rne g i e B u i l d i ng ), o n t he b ul l e t i n b o a rd s a t 450 N . E ucl i d A ve nue (U p l a nd P u b l i c L i b ra ry), 460 N . E ucl i d A ve nue (U p l a n d C i t y H a l l ), a nd o n t h e C i t y's w e b s i t e a t w w w.u p l a nd ca .g o v
The full packet for the Special Economic
Development Committee meeting can be
viewed on our website at:
https://uplandca.gov/economic-development-
committee
You may also view the video of the meeting at:
https://uplandca.gov/council-meeting-
broadcasts
(choose the tab for “other archived meetings”
to locate the meeting video)
S T A F F R E P O R T
I T E M N O . 13.A .
D A T E :O ctob er 1 0, 2 02 2
T O :M A YO R A N D C I T Y C O U N C I L
F R O M : M I C H A E L B L A Y, C I T Y M A N A G E R P R E P A R E D B Y : B R A D E N Y U, P U B L I C W O R K S D I R E C TO R
R I C H A R D S M I D E R L E , O P E R A T I O N S M A N A G E R S U B J E C T :A P P R O V E A C O N T R A C T F O R C I T Y W I D E L A N D S C A P E S E R V I C E S
R E C O M M E N D E D A C T I O N
I t is rec om m end ed t h at the C it y C ou ncil aw ard a S ervice C ont ract for C i tywi d e L and scap e M aintenan ce S ervices to B rig h tview L and scap e S ervices.
G O A L S T A T E M E N T
Th e p rop os ed act ion sup p orts the C it y’s g oal of m aintain in g q u al it y l and sc ap e and irrig ation services throug hou t all land scap ed C i ty rig ht -of-w ays an d C it y P u b l ic Parks . A d d i ti on al ly, on an as-n eed ed service, as si st w ith st orm relat ed cit yw id e c lean u p of t ree d eb ris, et c. wh ich rem ain es sen ti al t o b eau tify th e C it y of U p lan d an d m ake i t a b ett er p lace t o w ork, live, an d p lay.
B A C K G R O U N D
Th e C it y’s P u b l ic Works D ep artm ent i s resp onsib le for m ai n t en an ce of lan d scap in g w it h i n the p u b lic rig ht -of-w ay an d on C it y ow ned p ub lic p rop erty inclu d ing p arks, C it y facilities, C om m u nity Facilities D istricts (C F D s), Lan d scap e M aintenan ce D istricts (L M D s), an d op en sp aces, w hich covers over 20 0 acres of lan d scap ed areas.
Th e C ity u ti li zes con tract land scap e servi ces in ord er to p rovi d e t h i s service and th e C ity’s cu rrent C it yw id e l an d sc ap e ag reem ent wi ll exp ires on O c tob er 3 1, 20 22 . C it y S taff h as solicitated for C i tywi d e lan d scap e ag reem en t, w hi ch inclu d es b u t is n ot l im it ed to in sp ection s, m owing , t ri m m in g , p ru ning , ferti li zat ion , aeration , weed con trol, cu lt ivat ion , p est con trol, tree su rg ery, d e-th atc hi ng , p lan t rep l acem en t s, ren ovation, c lean -up of p ark facilities an d d rain ag e facilities.
Th e fin al com p onen t wi ll in cl ud e th e op t ion /avail ab i li ty for em erg en cy resp on s e to citywid e issu es th at aris e d u ri n g st orm rel ated con d i ti on s and /or n atu ral d isasters as w ell as resp on d ing to em erg en c y irrig ation b reaks an d /or rep airs as n eed ed . A l l com p on ent s t o the con tract w ill b ecom e b en eficial to the care an d m ain ten ance of city land scap e infrastru cture.
I S S U E S /A N A L Y S I S
O n J ul y 2 8, 2 02 2, th e C i ty ad verti sed a req u est for b i d s for C i tyw i d e L and scap e M aintenan ce.
A s p art of t he b id , th e C i ty req u ired p rop osers to at ten d a m and atory p re-b i d m eeti n g h el d on A u g u st 1 1, 2 02 2, wh ic h t hree (3) p oten tial cont ractors atten d ed . O n S ep tem b er 1, 2 02 2, the C ity received tw o (2) b id s.
Ven d or N am e Total A m ou nt of P rop osal
B rig h tview L and scap e S ervices $9 66 ,64 4 A nn ual Total M arip osa L and scap es, I n c.$1,8 84 ,50 2 A nn ual Total S taff review ed the sub m itted p rop osals an d verified that B rig htview Lan d scap e S ervices h as m et all of th e q ualification s an d req u irem en ts an d confirm ed t hat B rig h t view L and scap e S ervices are th e lowest resp onsib le b id d er.
I f ap p roved b y t he C it y C oun ci l, t h e term of th e con tract will b e for t h ree (3 ) years b eg inn in g on N ovem b er 1, 2 02 2 an d en d i n g on J u n e 3 0, 2 02 5 with th ree, on e year ext en s ion s at the C ity’s sole d iscretion .
S ince th is s ervi ce con tract is b ased on a un it p ric e p er it em ized service, fu n d s for th is contract w ill b e lim ited to t he b u d g et ap p roved b y th e C ity C oun cil in t he an n u al op erat in g b u d g et s for th e t erm of this con tract . I n ad d it ion , t h e C ont ractor m ay req u est a C onsum er P ric e I n d ex (C P I ) ad justm ent startin g 2 02 4 that is not-to-exceed 5 p ercen t an nu ally.
I t i s staff’s recom m end ation th at t h e C it y C ou ncil award t he contract to B rig h tview L and scap e S ervices.
F I S C A L I M P A C T S
Th e Lan d scap e M ain ten anc e P rog ram is fu nd ed th rou g h variou s accou nts and C F D ’s . T he con tract am oun t for F i sc al Year 2 02 2/2 3 is $96 6,6 44 . N o ad d it ion al ap p rop ri ati on s are necessary at this ti m e sin ce su ffic ien t fu nd s w ere b ud g et ed in th e F iscal Year 2 02 2/2 3 O p erating B u d g et in those various accoun ts.
A L T E R N A T I V E S
P rovid e altern ative d irection to staff.
AT TAC HM E NT S :
Description
Attachment A: L andscape S ervices Agreement
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CITY OF UPLAND
LANDSCAPE MAINTENANCE SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 10th day of October, 2022 by and between the City of Upland, a general law city and municipal corporation organized under the laws of the State of California with its principal place of business at 460 N. Euclid Avenue, Upland, CA 91786 (“City”) and Brightview Landscape Services, Inc., a Corporation with its principal place of business at 27001 Agoura Road, Ste. 350, Calabasas, CA, 91301 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement.
Contractor represents that it is experienced in providing landscape maintenance services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City.
Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
2.2 Project.
City desires to engage Contractor to render such services for Landscape Maintenance Services (“Project”) as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional landscape maintenance services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state, and federal laws, rules, and regulations.
3.1.2 Term. The term of this Agreement shall be from November 1, 2022 to June 30, 2025 unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than three (3) additional one-year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
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3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods, and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.
Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance
3.2.1.1 PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (“PERS”) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor’s submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.
3.2.4 City’s Representative. The City hereby designates the Operations Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.2.5 Contractor’s Representative. Contractor hereby designates the Branch Manager, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor ’s
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Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants, and other staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees, and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.8 Period of Performance and Liquidated Damages. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged, and agreed that the City will suffer damage.
Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of Two Hundred Fifty Dollars ($250) per day for each and every calendar day of delay beyond the Performance Time or beyond any completion schedule or Project milestones established pursuant to this Agreement.
3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law.
3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules, and regulations and without giving written
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notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours’ labor shall constitute a legal day’s work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.10.1 Employment Eligibility; Contractor. By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor.
Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.2.10 or any of its sub- sections.
3.2.10.2 Employment Eligibility; Subcontractors, Sub-subcontractors, and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.
3.2.10.3 Employment Eligibility: Failure to Comply. Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.
3.2.10.4 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ 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.
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3.2.10.5 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination.
3.2.10.6 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
3.2.10.7 Water Quality.
(A) Management and Compliance. To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.
(B) Liability for Non-Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees, and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph.
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3.2.11 Insurance.
3.2.11.1 Time for Compliance. Contractor shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Section.
3.2.11.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees, or subcontractors.
Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: minimum amount of $1,000,000 per occurrence; and $2,000,0000 aggregate for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: minimum amount of $1,000,000 combined single limit per accident for bodily injury and property damage; (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation/Employer’s Liability limits with a minimum amount of $1,000,000 per accident for bodily injury or disease, as required by the Labor Code of the State of California; (4) Professional Liability: minimum amount of $1,000,000 per claim and aggregate (errors and omissions) .
Defense costs shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement.
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(D) Additional Insured. The City of Upland, its directors, officials, officers, employees, agents, and volunteers shall be named as additional insureds on Contractor’s and its subcontractors’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.
3.2.11.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Upland, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor ’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City before the City’s own primary insurance or self-insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section
3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(A).
(B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way.
Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(B). (C) Workers’ Compensation and Employer’s Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) Professional Liability (Errors and Omissions). At all times during the performance of the work under this Agreement the Contractor shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form specifically designed to protect against acts, errors or omissions of the
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Contractor. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. (E) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.
3.2.11.4 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.
All required insurance coverages, except for the professional liability coverage, shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
3.2.11.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
3.2.11.6 Subcontractor Insurance Requirements. Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Contractor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City shall be named as additional insureds on all subcontractors’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.
3.2.11.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A: VIII, licensed to do business in California, and satisfactory to the City.
3.2.11.8 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
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3.2.11.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement.
3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.13 Bonds.
3.2.13.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.13.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.13.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient, or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.
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3.2.13.4 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. 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.
3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.2.15 Work Site.
3.2.15.1 Inspection Of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters after commencement of the Services.
3.2.15.2 Field Measurements. Contractor shall make field measurements, verify field conditions, and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents, including any plans, specifications, or scope of work before commencing Services. Errors, inconsistencies, or omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition.
3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City.
3.2.17 Warranty. Contractor warrants all Services under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Contract, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one-year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require
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verifying that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “B” attached hereto and incorporated herein by reference. The total annual compensation shall vary, subject to City Council approval of the annual budget itemized for Landscape Maintenance Services, including routine monthly services as well as Additional Extra Work, which may be authorized, as described below.
3.3.1.1 Adjustments. Beginning in 2024, upon Contractor’s request, Contractor’s rates may be adjusted no more than once per year based on the percentage change in the Consumer Price Index- All urban consumers, All Items - (Series ID# CUURS49CSA0) Riverside-San Bernardino – Ontario, CA areas for the twelve (12) month period January through January immediately preceding the adjustments. All such price adjustment requests shall be submitted between March 1st and April 1st. The failure to submit price adjustment requests by April 1st shall waive the Contractor’s right to request an adjustment for that year. Upon proper notice, price adjustments shall go into effect on July 1st of the same year. In no event shall the adjustment exceed five percent (5%) in any single year.
3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized Invoice which indicates work and site locations completed specifying Services rendered by Contractor. The Invoice shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 45 days of receiving such invoice, review the statement and pay all approved charges thereon.
3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums.
3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
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3.3.5 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. The City Manager may approve Extra Work up to ten percent (10%) of the amount of the Agreement or fifty thousand dollars ($50,000.00). In no event shall the total sum of the agreement (basic compensation amount and Extra Work) exceed fifty thousand dollars ($50,000.00). Any Extra Work in excess of this amount shall be approved by the City Council. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.
3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify, and hold the City, its officials, officers, employees, and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
3.3.7 Registration/DIR Compliance. If the Services are being performed as part of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.
Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.
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3.4 Termination of Agreement.
3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.
3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5 General Provisions.
3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Contractor:
Brightview Landscape Services, Inc.
Joe Islas, Branch Manager
1659 W. 9th Street
Upland, CA, 91786
City:
City of Upland
460 N. Euclid Avenue
Upland, CA 91786
Attn: Michael Blay, City Manager
With Copy To:
City of Upland
460 N. Euclid Avenue
Upland, CA 91786
Attn: City Attorney
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.2 Indemnification.
3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and
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volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense which is caused by the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City.
3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense, and risk, any and all Claims covered by this indemnification section that may be brought or instituted against City or its officials, employees, agents and volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents, and volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and volunteers.
3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County, California. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims, and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.
3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.
3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement, or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees,
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hypothecates or transferees shall acquire no right or interest by reason of such att empted assignment, hypothecation, or transfer.
3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.5.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.
3.5.11 No Third-Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.
3.5.15 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
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3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR
MAINTENANCE SERVICES AGREEMENT
BETWEEN THE CITY OF UPLAND
AND BRIGHTVIEW LANDSCAPE SERVICES, INC.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above.
CITY OF UPLAND
APPROVED BY:
MICHAEL BLAY
City Manager
ATTESTED BY:
KERI JOHNSON
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
BRIGHTVIEW LANDSCAPE SERVICES, INC.
By:
Its:
VICE PRESIDENT______________________
Printed Name:
RENA RIVERA_________________________
By:
Its:
SENIOR VICE PRESIDENT
Printed Name:
FRED FREUND
266211
Contractor’s License Number
1000005364
DIR Registration Number
EXHIBIT A
EXHIBIT A
SCOPE OF SERVICES
The intent of this Request for Proposals is to solicit sealed proposals from highly qualified landscape firms with expertise in landscape maintenance and landscape installations.
The Public Works Department is responsible for providing landscape maintenance to City parks, landscape areas within the public right-of-way and open spaces. The City of Upland has over 85 acres of landscaped area to be maintained by this contract. In evaluating the proposals, the City will consider all landscape service areas and will award the contract to the bidder that will provides the City with the best value of all landscape services.
The Contractor’s primary responsibility will be to maintain the landscape areas at the highest industry standards by integrating innovative and progressive techniques and to follow the objectives as set forth in the specifications. The Contractor shall furnish all labor, equipment, materials, tools, services, and special skills required to perform the landscape maintenance as set forth in this specification and in keeping with the highest standards of quality and performance. Maintenance of the landscape shall include, but not be limited to, inspections, mowing, trimming, pruning, fertilization, aeration, weed control, cultivation, pest control, tree surgery, de-thatching, plant replacements, renovation, clean-up of park facilities and drainage facilities. The Contractor will create a maintenance schedule to keep the designated parks, landscape areas within the public right-of-way, Community Facilities Districts (CFDs), Landscape Maintenance Districts (LMDs), and open spaces maintained. The specific service locations will be geographically categorized within the City of Upland.
Irrigation maintenance shall be all inclusive and shall include inspections, operation of the systems, adjustments, repairs, modifications, improvements, testing, analysis, and other work as needed. The Contractor will submit a maintenance schedule to the City scheduling the maintenance operations which include, but are not limited to: tree pruning, aeration, thatching, insecticides/herbicide application and application of all fertilization to trees, shrubs, ground cover, and turf. This specification establishes the minimum standards for the maintenance of the landscaped areas for the City.
The City reserves the right to alter or modify any of the service areas in their sole and absolute discretion.
EXHIBIT B
EXHIBIT B
SCHEDULE OF SERVICES / COMPENSATION
LANDSCAPE MAINTENANCE SERVICE SCHEDULE & PRICING FORM
The square footage listed below are provided to assist the Contractor in preparing a bid.
LANDSCAPE MAINTENANCE LOCATION
DETAILS:
Frequency
W/M/Q
Type of
Material
Total
Square
Feet
Unit Cost
(W/M/Q)
Annual
Cost
LMD-1 N/O FOOTHILL TO NORTH CITY LIMITS
Parks
San Antonio Park – N/W/C of 24th St and Mountain W Turf / Plant 451,578 $709 $36,868 McCarthy Park – N/E/C of 20th St and San Antonio W Turf / Plant 244,060 $383 $19,916 Citrus Park - 15th St E/O Benson Ave W Turf / Plant 491,900 $772 $40,144 Magnolia Park – N/E/C of 15th St and San Antonio
Include - Recreation Building Courtyard Planters
W Turf / Plant 299,420 $470 $24,440
Sierra Vista Park – S/E/C of 15th St and 2nd Ave W Turf / Plant 298,039 $468 $24,336 13th St Reservoir Park – S/W/C of 13th St Campus W Turf / Plant 98,897 $155 $8,060
City Facilities
City Yard - 1370 N Benson Ave W Plant Mat. 12,951 $20 $1,040 Police Station - 1499 W 13th St W Turf / Plant 102,562 $161 $8,372 Old Fire Station - 2046 N San Antonio Ave W Turf / Plant 24,243 $38 $1,976
15th St.
S/S Parkway - Mountain Ave to 140 ft E/O Kelly Ave Q Plant Mat. 8,045 $165 $660
16th St.
S/S Parkway - 350 Ft W/O Quarry to Benson Ave M Plant Mat. 55,829 $380 $4,560 N/S Parkway - Benson Ave to Wilson Ave M Plant Mat. 13,174 $90 $1,080 N/S Island - Orangewood Ave M Plant Mat. 410 $3 $36
N/S Island - Glenwood Ave M Plant Mat. 410 $3 $36
S/S Parkway - 330 ft E/O Benson Ave to Mountain M Plant Mat. 32,536 $221 $2,652 N/S Parkway - Mountain Ave to Kelly Ave M Plant Mat. 5,272 $36 $432 S/S Parkway - Mountain Ave to 130 ft W/O O'Malley M Plant Mat. 8,073 $55 $660 N/S Parkway - 2nd Ave to Campus Ave M Plant Mat. 23,489 $160 $1,920 S/S Parkway - 260 ft W/O Winston Way to Campus M Plant Mat. 17,092 $116 $1,392
17th St.
N/S Parkway – 100 ft E/O 3rd Ave to Winston Ave Q Plant Mat. 4,517 $93 $372 S/S Parkway – 100 ft E/O 3rd Ave to
130 ft W/O of Francis
Q Weed Abate 1,616 $33 $132
N/S Parkway - 130 ft W/O Campus Ave to Campus Q Plant Mat. 2,600 $54 $216 S/S Parkway - 130 ft W/O Campus Ave to Campus Q Plant Mat. 2,600 $54 $216
TOTALS ~~~ ~~~ ~~~ ~~~ $179,516
EXHIBIT B
EXHIBIT B
SCHEDULE OF SERVICES / COMPENSATION
LANDSCAPE MAINTENANCE SERVICE SCHEDULE & PRICING FORM
The square footage listed below are provided to assist the Contractor in preparing a bid.
LANDSCAPE MAINTENANCE LOCATION
DETAILS:
Frequency
W/M/Q
Type of
Material
Total
Square
Feet
Unit Cost
(W/M/Q)
Annual
Cost
LMD-1 N/O FOOTHILL TO NORTH CITY LIMITS
18th St.
N/S Parkway - Wilson Ave to 130 ft W/O Palomino W Turf / Plant 24,878 $39 $2,028 S/S Parkway - Wilson Ave to Adriana Way W Turf / Plant 28,731 $45 $2,340 N/S Parkway - E/O 3rd Ave Q Plant Mat. 4,499 $93 $372
S/S Parkway - 3rd Ave to Winston Ave Q Plant Mat. 7,977 $162 $648 N/S Easement – N/W/C & N/E/C @ Christopher Ave M Plant Mat. 35,372 $241 $2,892 S/S Tree Wells - E/O Winston Ave Q Weed Abate 333 $6 $24 Easement - E/O Sunnybrook Ave Q Weed Abate 2,032 $42 $168
19th St.
N/S Parkway - Mountain Ave to 130 ft W/O O'Malley M Plant Mat. 6,944 $47 $564 S/S Parkway - Mountain Ave to 130 ft W/O O'Malley M Plant Mat. 7,947 $54 $648 S/S Parkway - San Antonio Ave to 150 ft W/O Ukiah M Plant Mat. 6,742 $46 $552 N/S Parkway - Euclid Ave to 3rd Ave W Turf / Plant 18,670 $29 $1,508 N/S Cobblestone Storm Channel - Euclid Ave to 3rd Q Weed Abate 12,999 $264 $1,056 S/S Parkway - W/O Baywood Way Q Plant Mat. 2,904 $60 $240
20th St
Island - Near 1167 W. 20th Street Q Plant Mat. 1,275 $27 $108 S/S Parkway - Flower Ct to end of Cul-de-Sac Q Plant Mat. 9,049 $186 $744 N/S Easement - Campus Ave to Campus Ave Q Plant Mat. 20,889 $426 $1,704
21st St
S/S Parkway - W/O Mildura Ave M Plant Mat. 4,602 $31 $372 N/S Parkway - 150 ft E/O Mountain Ave to Kelly Ave Q Plant Mat. 4,658 $96 $384 N/S Parkway - 200 ft W/O Campus Ave to Campus Q Plant Mat. 2,294 $48 $192 S/S Parkway - 330 ft W/O Campus Ave to Campus Q Plant Mat. 3,683 $75 $300
24th St
S/S Parkway - 1st Ave to 2nd Ave Q Weed Abate 1,538 $30 $120 S/S Parkway - Bellview Rd to 4th Ave Q Weed Abate 3,445 $69 $276 Easement - East end of Cul-de-Sac - E/O Fox Ridge Q Weed Abate 2,550 $51 $204
TOTALS ~~~ ~~~ ~~~ ~~~ $ 17,444
EXHIBIT B
EXHIBIT B
SCHEDULE OF SERVICES / COMPENSATION
LANDSCAPE MAITENANCE SERVICE SCHEDULE & PRICING FORM
The square footage listed below are provided to assist the Contractor in preparing a bid.
LANDSCAPE MAINTENANCE LOCATION
DETAILS:
Frequency
W/M/Q
Type of
Material
Total
Square
Feet
Unit Cost
(W/M/Q)
Annual
Cost
LMD-1 N/O FOOTHILL TO NORTH CITY LIMITS
Kenwood St
S/S Easement - O'Malley to San Antonio Ave Q Weed Abate 8,604 $177 $708 S/S Easement - San Antonio Ave to Quince Ave Q Weed Abate 7,734 $159 $636 S/S & E/S Easement - W/O of Flower & Up to 20th Q Plant Mat. 4,480 $90 $360
Benson Ave
W/S Parkway - Eureka St to 210 Frwy W Turf / Plant 7,423 $12 $624 E/S Parkway - 16th St to 210 Frwy M Plant Mat. 43,285 $295 $3,540 Median - 210 Frwy to Mountain Ave M Plant Mat. 52,778 $359 $4,308 N/W/S Parkway – S/W of Birkdale-Quarry Entrance
To 320 ft N/E of Muirfield Ave
W Turf / Plant 32,489 $51 $2,652
S/E/S Parkway – 210 Freeway to Edison Easement W Turf / Plant 47,203 $74 $3,848 N/W/S Parkway - Mildura Ave to Mountain Ave M Plant Mat. 28,545 $194 $2,328
Mildura Ave
S/W/C Parkway and Easement - W/O Benson W Turf / Plant 7,158 $11 $572 W/S Parkway - 21st St to Amanda Place M Plant Mat. 11,609 $79 $948
Mountain Ave
W/S Parkway Tree Wells - 620 S/O 13th St to
640 ft N/O 13th St
Q Weed Abate 9,929 $204 $816
W/S Parkway - 640 ft N/O 13th St to 14th St W Turf / Plant 19,356 $30 $1,560 W/S Parkway - North Hills Dr to 210 Frwy W Turf / Plant 34,046 $53 $2,756 W/S Parkway - Benson Ave to 216 ft N/O Benson M Plant Mat. 9,990 $68 $816 Median - Foothill Blvd to 210 Frwy M Plant Mat. 104,014 $708 $8,496 Median - 210 Frwy to Sunset Curve M Plant Mat. 66,510 $453 $5,436 E/S Parkway - 13th St to 14th St W Turf / Plant 34,241 $54 $2,808 E/S Parkway / Tree Wells - 14th St to 1474 N.
Mountain Ave
Q Weed Abate 5,924 $120 $480
E/S Parkway - 1474 N Mountain Ave to 15th St W Turf / Plant 8,378 $13 $676 E/S Parkway - 15th Street to 17th St W Turf / Plant 54,974 $86 $4,472 E/S Parkway/Tree Wells - 17th St to 630 ft N/O 17th Q Weed Abate 2,660 $54 $216 E/S Parkway - 630 ft N/O 17th St to 210 Frwy W Turf / Plant 39,278 $62 $3,224 E/S Parkway - 210 Frwy to 160 ft S/O Pepper Tree M Plant Mat. 13,497 $92 $1,104 E/S Parkway - 170 ft N/O 21st St to 23rd St M Plant Mat. 42,019 $286 $3,432
TOTALS ~~~ ~~~ ~~~ ~~~ $ 56,816
EXHIBIT B
EXHIBIT B
SCHEDULE OF SERVICES / COMPENSATION
LANDSCAPE MAITENANCE SERVICE SCHEDULE & PRICING FORM
The square footage listed below are provided to assist the Contractor in preparing a bid.
LANDSCAPE MAINTENANCE LOCATION
DETAILS:
Frequency
W/M/Q
Type of
Material
Total
Square
Feet
Unit Cost
(W/M/Q)
Annual
Cost
LMD-1 N/O FOOTHILL TO NORTH CITY LIMITS
San Antonio Ave
W/S Parkway / Tree Wells - 19th St to 210 Frwy Q Weed Abate 3,628 $75 $300 W/S Parkway / Tree Wells - 20th St to 21st St Q Weed Abate 15,346 $312 $1,248 E/S Parkway - 270 ft S/O Coral Tree Way to 19th St M Plant Mat. 11,193 $76 $912 E/S Parkway / Tree Wells - 19th St to 210 Frwy Q Weed Abate 6,825 $138 $552 E/S Parkway / Tree Wells – 640’ S/O of 21st to 21st Q Weed Abate 7,775 $159 $636 E/S Parkway - Cabot Ct to 22nd St Q Weed Abate 7,360 $150 $600
Euclid Ave
E/S Service Road Island - N/O 19th Street M Plant Mat. 3,980 $27 $324 W/S Parkway Easement - 210 Overpass W Turf / Plant 17,330 $27 $1,404 E/S Parkway Easement - 210 Overpass W Turf / Plant 17,106 $27 $1,404 W/S Service Road Island - S/O 21st St Q Weed Abate 12,649 $258 $1,032 W/S Cobblestone Storm Channel - 19th St to 24th Q Weed Abate 42,914 $876 $3,504 E/S Cobblestone Storm Channel - 19th St to 20th St Q Weed Abate 8,601 $177 $708 E/S Cobblestone Storm Channel –
21st Street to 2146 North Euclid Ave
Q Weed Abate 4,084 $84 $336
Campus Ave
W/S Parkway - 14th St to 120 ft N/O Cumberland St W Turf / Plant 10,874 $17 $884 W/S Parkway - 16th St to Colonies Parkway M Plant Mat. 32,414 $221 $2,652 E/S Parkway - 17th St to Colonies Parkway M Plant Mat. 17,662 $120 $1,440
Well Sites – Perimeter Parkways Only
15th Street - N/S & S/S - 580 E. 15th St M Plant Mat. 54,367 $370 $4,440 Benson Reservoir - 1355 N. Benson Ave Q Plant Mat. 1,512 $30 $120 17th Street. - 1655 W. 17th St. M Plant Mat. 15,595 $106 $1,272 Upland Hills Wastewater Treatment Plant –
1700 N. Campus Ave
M Plant Mat. 2,124 $14 $168
TOTALS ~~~ ~~~ ~~~ ~~~ $ 23,936
EXHIBIT B
EXHIBIT B
SCHEDULE OF SERVICES / COMPENSATION
LANDSCAPE MAITENANCE SERVICE SCHEDULE & PRICING FORM
The square footage listed below are provided to assist the Contractor in preparing a bid.
LANDSCAPE MAINTENANCE LOCATION
DETAILS:
Frequency
W/M/Q
Type of
Material
Total
Square
Feet
Unit Cost
(W/M/Q)
Annual
Cost
LMD-1 N/O FOOTHILL TO NORTH CITY LIMITS
Various Locations
W/S Parkway Easement - 20th St and Birkdale Ave W Turf / Plant 2,781 $4 $208 Edison Easement - Between Windemere Ct to
Muirfield Ave.
W Turf / Plant 8,032 $13 $676
E/S Island - Wilson Ave and Rosewood St Q Plant Mat. 610 $12 $48 Island - On Maywood Ct N/O Auburn St Q Plant Mat. 3,325 $69 $276 Island - On Adriana Way S/O 18th St Q Plant Mat. 1,009 $21 $84 W/S Parkway - Vallejo Way and Buffington St Q Plant Mat. 3,075 $63 $252 Islands - On Rita Ct NE/O Palm Ave Q Plant Mat. 1,113 $24 $96 S/S Storm Channel - 22nd St W/O Euclid Ave Q Weed Abate 6,286 $129 $516 Islands - On 2nd Ave Between Lexington St & 21st Q Plant Mat. 1,370 $27 $108 Parkway / Tree Wells - North end of 3rd Ave
Cul-de-Sac N/O 15th Street
Q Weed Abate 3,673 $75 $300
N/S Parkway - On Hummingbird Lane – (Turf Only)
Tanglewood to Cucamonga Creek Storm Channel
W Turf 5,560 $9 $468
S/S Parkway - On Hummingbird Lane
Tanglewood to Cucamonga Creek Storm Channel
Q Weed Abate 12,693 $258 $1,032
E/S Parkway - On Eastgate Ave
Hummingbird Lane to 1678 Eastgate Ave
Q Plant Mat. 7,682 $156 $624
S/S Parkway Tree Wells - On Jane Ct
Francis Way to 6th Ave
Q Weed Abate 9,123 $186 $744
W/S Parkway / Tree Wells - On 6th Ave
15th St to Jane Court
Q Weed Abate 3,016 $63 $252
Various Locations-Weed Abatement
Vacant Lot – North side of Public Works /
East of Benson to Lemonwood Villas
Bi-Annual Weed Abate 498,762 $20,364 $40,728
Public Works - East Vacant Lot & PD Impound Lot Bi-Annual Weed Abate 224,769 $9,174 $18,348 Storm Culvert / Channel - S/O 19th Street to
West End of Fire Station #4 (West of Campus)
Bi-Annual Weed Abate 130,680 $5,334 $10,668
Landfill / Drydock Depot - 15th Street E/O Campus,
14th Street E/O Campus
Bi-Annual Weed Abate 487,000 $19,884 $39,768
Euclid Trail – Pepper Trees (910) – Prune Trunks &
Prune/remove low foliage to 10 feet high.
Bi-Annual Clean / Trim 910 Each $22 $20,020
TOTALS ~~~ ~~~ ~~~ ~~~ $ 135,216
EXHIBIT B
EXHIBIT B
SCHEDULE OF SERVICES / COMPENSATION
LANDSCAPE MAINTENANCE SERVICE SCHEDULE & PRICING FORM
The square footage listed below are provided to assist the Contractor in preparing a bid.
LANDSCAPE MAINTENANCE LOCATION
DETAILS:
Frequency
W/M/Q
Type of
Material
Total
Square
Feet
Unit Cost
(W/M/Q)
Annual Cost
LMD-2 N/O I-10 FREEWAY TO
S/O FOOTHILL BLVD.
Parks
Citrus Park - 8th St. W/O San Antonio Ave W Turf / Plant 252,218 $396 $20,592 Fern Reservoir Park - 8th St. W/O Euclid Ave W Turf / Plant 47,480 $75 $3,900 Olivedale Park - 8th St. E/O Euclid Ave W Turf / Plant 255,654 $401 $20,852 Memorial Park – Foothill Blvd & Hospital Parkway
Includes Animal Shelter & Landecena Landscaping
W Turf / Plant 1,484,939 $2,332 $121,264
Cabrillo Park - 11th St E/O Benson Ave W Turf / Plant 881,451 $1,384 $71,968 Baldy View Park - 11th E/O Mountain Ave W Turf / Plant 223,074 $350 $18,200
Downtown (A St, 9th St, C St, 1st, 2nd, & 3rd Ave)
9th St Medians & 2nd Ave Medians & All Planters M Plant Mat. 8,350 $57 $684 Tree Wells – (Irrigation) M Weed Abate 9,529 $65 $780
Vacant Lot - N/S A St. W/O Alleyway (E/O 1st Ave) Q Weed Abate 3,724 $75 $300 All City Parking Lots – 1st N/O A St, A St W/O 2nd,
S/E/C & N/E/C 1st & C, S/W/C 3rd & C St.
M Weed Abate Various $68 $816
Metrolink
Stowell & 2nd Ave Parking Lot M Plant Mat. 29,906 $203 $2,436 Train Station Parking Lots – 2nd Ave to 6th Ave M Turf / Plant 133,222 $907 $10,884 Parking Lot W/O 2nd Ave M Turf / Plant 25,795 $176 $2,112
City Facilities – Includes All Parking Lots
City Hall, Library, Carnegie & Historic Fire W Turf / Plant 193,028 $303 $15,756 Senior Center W Plant Mat. 44,423 $70 $3,640
Parking Lot N/O Senior Center W Turf / Plant 111,132 $175 $9,100
Monte Vista Ave
Parkway - W/S Foothill Blvd to Arrow Route Q Weed Abate 20,027 $408 $1,632 Parkway - E/S Arrow Rt to 11th St Q Weed Abate 8,311 $171 $684 Median - S/O Foothill Blvd Q Weed Abate 2,271 $45 $180 Median - S/O 11th Street Q Weed Abate 13,102 $267 $1,068 Median - Arrow Route to Richton Street Q Plant/Weed 14,337 $294 $1,176
TOTALS ~~~ ~~~ ~~~ ~~~ $ 308,024
EXHIBIT B
EXHIBIT B
SCHEDULE OF SERVICES / COMPENSATION
LANDSCAPE MAITENANCE SERVICE SCHEDULE & PRICING FORM
The square footage listed below are provided to assist the Contractor in preparing a bid.
LANDSCAPE MAINTENANCE LOCATION
DETAILS:
Frequency
W/M/Q
Type of
Material
Total
Square
Feet
Unit Cost
(W/M/Q)
Annual
Cost
LMD-2 N/O I-10 FREEWAY TO
S/O FOOTHILL BLVD.
Mountain Ave Q Weed Abate 16,124 $330 $1,320
Median - Foothill Blvd to N/O 7th St M Plant Mat. 3,764 $26 $312 Median - S/O of 7th St
San Antonio Ave
Tree Wells - W/S N/O Amber Ct Q Weed Abate 698 $15 $60
Tree Wells - E/S 11th St to Foothill Blvd Q Weed Abate 2,487 $51 $204 Tree Wells - E/S 8th St to 9th St Q Weed Abate 6,324 $129 $516 Tree Wells - E/S I-10 Freeway to 7th St Q Weed Abate 2,721 $57 $228
Arrow Route / Highway
Parkway - N/S Claremont Blvd to Monte Vista Ave Q Weed Abate 10,224 $210 $840 Median - Claremont Blvd to Monte Vista Ave Q Plant Mat. 6,320 $129 $516 Parking Lot – S/W/C of Arrow Hwy and 3rd Ave M Plant Mat. 16,797 $114 $1,368 Easements - Arrow Hwy and San Bernardino Rd Q Plant 9,164 $186 $744
Various Locations
Benson Ave Parkway - E/S 8th St to Train Tracks Q Weed Abate 6,552 $135 $540 9th St S/S Parkway - San Antonio Ave to
194 N. Shasta Wy
Q Weed Abate 6,752 $138 $552
Harrington Parkway & Easement - E/S 7th to 8th St. Q Plant Mat. 26,053 $531 $2,124 A St N/S Parkway - W/O 6th Ave W Turf 2,959 $5 $260
A St S/S Parkway - E/O 6th Ave Campus Ave &
curves south to Train Tracks
W Turf / Plant 5,636
$9
$468
Richland S/S Easement - Across from 571 Richland Q Plant Mat. 339 $6 $24 11th Ave Median – Between Mesa Ct. & 11th Street Q Plant Mat. 43,560 $888 $3,552
Well Sites – Perimeter Parkways Only
City Well - 159 N. 6th Ave Q Weed Abate 3,039 $63 $252
City Well - 467 S. Campus Ave Q Weed Abate 3,362 $69 $276 City Well - 149 N. Benson Ave Q Weed Abate 1,146 $24 $96 Well Site - 1258 W. 9th Street Q Weed Abate 2,210 $45 $180
TOTALS ~~~ ~~~ ~~~ ~~~ $ 14,432
EXHIBIT B
EXHIBIT B
SCHEDULE OF SERVICES / COMPENSATION
LANDSCAPE MAINTENANCE SERVICE SCHEDULE & PRICING FORM
The square footage listed below are provided to assist the Contractor in preparing a bid.
LANDSCAPE MAINTENANCE LOCATION
DETAILS:
Frequency
W/M/Q
Type of
Material
Total
Square
Feet
Unit Cost
(W/M/Q)
Annual
Cost
LMD-3 FOOTHILL BLVD. (ENTIRE / CITY LIMITS)
Foothill Blvd
N/S Parkway West of Dewey Way M Plant Mat. 8,634 $59 $708 Median - Monte Vista Ave to Dewey Way M Plant Mat. 19,406 $132 $1,584 N/S Service Road Island - West of Central M Plant Mat. 6,533 $44 $528 Median - Dewey Way to Central Ave M Plant Mat. 17,678 $120 $1,440 Vacant Lot East of Central Ave - N/S Q Weed Abate 20,492 $417 $1,668 Lot behind 1917 & 1923 W. Foothill Blvd. Q Weed Abate 7,413 $150 $600 N/S Parkway & Service Road Island - Central Ave to
1743 W. Foothill Blvd.
M Plant Mat. 12,571
$86
$1,032
Median West of Benson Ave M Plant Mat. 2,896 $20 $240
N/S Service Rd Island - Benson Ave to Mountain M Plant Mat. 18,158 $124 $1,488 S/S Service Rd Island - 1430 W Foothill to Mountain M Plant Mat. 20,134 $137 $1,644 Median - Benson Ave to Mountain Ave M Plant Mat. 12,772 $87 $1,044 N/S Service Rd Island - 1049 W Foothill Blvd. M Plant Mat. 1,197 $8 $96 N/S Service Rd Island - Mulberry to San Antonio M Plant Mat. 13,616 $93 $1,116 S/S Service Rd Island - 1156 W Foothill Blvd. M Plant Mat. 2,326 $16 $192 S/S Service Rd Island - 886 W Foothill Blvd. M Plant Mat. 3,900 $27 $324 Median - Mountain Ave to San Antonio Ave M Plant Mat. 3,166 $22 $264 N/S Parkway & Service Road Island
San Antonio Ave to 255 W Foothill Blvd.
M Turf / Plant 42,568 $290 $3,480
S/S Parkway & Service Road Island
San Antonio to Euclid
M Plant Mat. 59,334
$404
$4,848
Median - San Antonio Ave to Euclid Ave M Plant Mat. 13,868 $94 $1,128 N/S Service Road Island - 2nd Ave to 5th Ave M Plant Mat. 6,926 $47 $564 N/S Parkway - 631 E Foothill Blvd. M Turf / Plant 3,951 $27 $324 S/S Parkway - 60 E Foothill Blvd to 2nd Ave M Turf / Plant 11,928 $81 $972 S/S Service Road Island - 3d Pl to 5th Ave M Plant Mat. 4,038 $27 $324 S/S Service Road Island - 580 E Foothill Blvd M Plant Mat. 455 $3 $36 Median - Euclid Ave to Campus Ave. M Plant Mat. 14,288 $97 $1,164 N/S Service Road Island - Campus Ave to
1317 E Foothill Blvd.
M Plant Mat. 15,000
$102
$1,224
N/S Parkway - Hospital Parkway M Plant Mat. 4,523 $31 $372 S/S Service Road Island - 920 to 930 E Foothill M Plant Mat. 1,058 $7 $84 Median - Campus Ave to Grove Ave M Plant Mat. 5,859 $40 $480
TOTALS ~~~ ~~~ ~~~ ~~~ $ 28,968
EXHIBIT B
EXHIBIT B
SCHEDULE OF SERVICES / COMPENSATION
LANDSCAPE MAINTENANCE SERVICE SCHEDULE & PRICING FORM
The square footage listed below are provided to assist the Contractor in preparing a bid.
LANDSCAPE MAINTENANCE LOCATION
DETAILS:
Frequency
W/M/Q
Type of
Material
Total
Square
Feet
Unit Cost
(W/M/Q)
Annual
Cost
LMD-3 PACIFIC ELECTRIC BIKE TRAIL &
EUCLID AVE. S/O FOOTHILL TO I-10 FREWWAY
Pacific Electric Bike Trail
Bike/Walk Trail - East of Claremont Blvd. Q Plant Mat. 18,063 $369 $1,476 Bike/Walk Trail - Monte Vista Ave. to Grove Ave. Q Plant Mat. 1,145,307 $23,379 $93,516
Euclid Median
Euclid Median - North of Foothill W Turf 6,172 $10 $520 Euclid Median - South of Foothill to North of 7th St. W Turf 318,071 $499 $25,948 Euclid Median - South of 7th Street W Turf 4,631 $7 $364
COMMUNITY FACILITIES DISTRICT - C.F.D.
HARVEST / SYCAMORE
Sycamore
Sycamore Linear Park – Baseline to North M Plant Mat. 43,995 $299 $3,588 Park View Promenade Median M Plant Mat. 11,117 $76 $912 Park View Promenade N/B Parkway M Plant Mat. 7,417 $50 $600 Park View Promenade S/B Parkway M Plant Mat. 13,811 $94 $1,128 16th St. Median M Plant Mat. 26,705 $182 $2,184
16th St. Parkway N/S M Plant Mat. 30,251 $206 $2,472
Harvest
Monte Vista Ave - Median N/O 11th Street M Plant Mat. 7,122 $48 $576 Storm Channel Easement W/S Q Plant Mat. 11,803 $240 $960 Storm Channel Easement E/S + S/S of Foothill Blvd. Q Plant Mat. 15,329 $312
$1,248
TOTALS ~~~ ~~~ ~~~ ~~~ $ 135,492
EXHIBIT B
EXHIBIT B
SCHEDULE OF SERVICES / COMPENSATION
SCHEDULE OF PRICING – ANCILLARY / EXTRA SERVICES
Unit Estimated Annual Cost Annual Hrs. Cost
I. Labor
1.Laborer $ 40 /Hr. X 300 Hrs. = $ 12,000
2.Irrigation Technician $ 60 /Hr. X 200 Hrs. = $ 12,000
3.Crew Foreman $ 48 /Hr. X 200 Hrs. = $ 9,600
4.Supervisor $ 65 /Hr. X 40 Hrs. = $ 2,600
II. Hand Power Tools
1.Chain Saw $ 65 /Hr. X 200 Hrs. = $ 13,000
2.Weed Cutter/Trimmer $ 40 /Hr. X 200 Hrs. = $ 8,000
3.Hedge Trimmer $ 48 /Hr. X 200 Hrs. = $ 9,600
Ancillary/Extra Services Total Annual Cost: $ 66,800