Agenda packet — Upland City Council, June 26, 2023 (part 2 of 3)

City of Upland - Request for Proposal
Pavement Survey and Management Program Page 27 of 34

evidence satisfactory to the City that they have secured all insurance required under this section.

Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

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City of Upland - Request for Proposal
Pavement Survey and Management Program Page 28 of 34

b. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. 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.
c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility.

Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant 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 Consultant or any subcontractor.

14. Verification of Employment Eligibility.

By executing this Agreement, Consultant 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, and shall require all subconsultants and sub-subconsultants to comply with the same.

15. Reserved

16. Laws and Venue.

This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California. 17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.

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City of Upland - Request for Proposal
Pavement Survey and Management Program Page 29 of 34

b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. 18 Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

19. Organization
Consultant shall assign _________________________ as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

20. Limitation of Agreement.

This Agreement is limited to and includes only the work included in the Project described above.

21. Notice

Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:

CITY:

City of Upland
460 N. Euclid Avenue
Upland, CA 91786
Attn: [***INSERT NAME & DEPARTMENT***]
CONSULTANT:
[***INSERT NAME, ADDRESS & CONTACT
PERSON***]

and shall be effective upon receipt thereof.

22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

23. Equal Opportunity Employment.

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.

24. Entire Agreement

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City of Upland - Request for Proposal
Pavement Survey and Management Program Page 30 of 34

This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.

25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the remaining provisions unenforceable, invalid or illegal.

26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either Party, unless such waiver is specifically specified in writing.

28. Time of Essence
Time is of the essence for each and every provision of this Agreement.

29. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant 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 Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. 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 director, official, 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.

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City of Upland - Request for Proposal
Pavement Survey and Management Program Page 31 of 34

SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN CITY OF UPLAND
AND [***INSERT NAME***]

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF UPLAND [INSERT NAME OF CONSULTANT]

By: By:

Michael Blay
City Manager Its:

Printed Name:

ATTEST:

By:

Keri Johnson
City Clerk

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City of Upland - Request for Proposal
Pavement Survey and Management Program Page 32 of 34

EXHIBIT A
Scope of Services

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City of Upland - Request for Proposal
Pavement Survey and Management Program Page 33 of 34

EXHIBIT B
Schedule of Charges/Payments

Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Consultant will inform City regarding any out-of-scope work being performed by Consultant. This is a time-and-materials contract.

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City of Upland - Request for Proposal
Pavement Survey and Management Program Page 34 of 34

EXHIBIT C
Activity Schedule

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March 8, 2023
City of Upland, CA
Request for Proposals
Pavement Survey and Management Program
roadway inventory | asset management | integration
Repeatable automated
solution
Recent StreetSaver
Implementations
Accelerated Project
Schedule (2.5 months)

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1 TABLE OF CONTENTS

1. INTRODUCTORY LETTER .................................................................................................................................... 2

2. CONSULTANT INFORMATION, QUALIFICATIONS & EXPERIENCE ...................................................................... 5

3. ORGANIZATION AND APPROACH ...................................................................................................................... 8

4. PAST EXPERIENCE ON MUNICIPAL PROJECTS .................................................................................................. 31

5. CONFLICT OF INTEREST STATEMENT ............................................................................................................... 35

6. LITIGATION ...................................................................................................................................................... 36

7. CONTRACT AGREEMENT ................................................................................................................................. 36

8. COST PROPOSAL .............................................................................................................................................. 36 CONCLUSION ........................................................................................................................................................... 36 REFERENCE LETTERS ................................................................................................................................................ 37

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2 1. INTRODUCTORY LETTER
March 8, 2023
Bob Critchfield P.E., Engineering Manager
1370 N. Benson Avenue
Upland, CA 91786
Re: Pavement Survey and Management Program
Mr. Critchfield,
Transmap is pleased to present the City of Upland with our response to the agency's Request for Proposals for the Pavement Survey and Management Program. Transmap proudly celebrates 29 years with our only focus on pavement and roadway asset management. I have outlined some principal strengths below that you will find beneficial in qualifying Transmap as the best provider for your pavement and roadway asset management needs.

Transmap provides an objective, repeatable, defensible pavement condition assessment, and we do not hide behind the data. All our data is transparent. Transmap has a large repeat client base because we stand behind our deliverables.

Our project approach section outlines our plan and understanding of your project.

Transmap Advantage
• Overall Experience: 800+ completed pavement and roadway asset projects - pavement and roadway asset management is our only focus
• Local California Experience: City of Glendale, City of Hesperia, City of Irvine, City of Redwood City, City of Santa Barbara, City of Rancho Cordova, City of Rialto, City of Simi Valley, City of Hanford, Kings County, City of Fresno
• Technology Focused: Systems (panoramic 30MP camera + HD LiDAR, 8,000 x 4,000-pixel resolution); easy- to-use standard LAS file (LiDAR); street-level orthophotography – 6-camera solution/panoramic images, at no additional cost – No white labeling vehicle – We own and operate all our vehicles – All sensors collecting at the same time for assets and pavements (LiDAR, LCMS2, Camera) • Team: Our core team has over 29 years of experience working together and includes PhDs, PEs, and GISPs on staff
• Our System: Fully utilized Pavemetrics 3D Laser Crack Measurement Systems (LCMS2) technology – Edge to edge 100% distress in all thru lanes in both directions - all distress loaded to produce PCI (no sampling); project-level crack intelligence; automated error tracking; field verification (QA/QC); pavement condition analysis; customer delivery interface; crack map orthophotography/geodatabase • Pavement Management Software: Data can be seamlessly implemented into StreetSaver/StreetSaver plus – City of Spokane, and City of Burien, WA, both recent StreetSaver implementations • GIS Integration: Esri Public Works Solutions Partner since 1999; historic data integration; centerline integrated with pavement data; street/crack map orthophotography as standard MrSID files – As a standard Transmap will deliver a pavement centerline shapefile

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4 EXECUTIVE SUMMARY
Improving safety roadway performance and optimizing work plans with a limited budget are some issues our pavement managers face today. Transmap services are directed toward city-owned and county-owned government transportation systems to provide the highest quality infrastructure management solutions.

Transmap has updated our solutions by implementing edge to edge 100 percent distress inspections (no samples), project-level PCI calculations, and multiple delivery formats. The information below is what differentiates Transmap from others.

Definition What Transmap Does Others
GeoTagged Data Distress and asset data in
California State Plane feet
Orthophotography of our
LCMS2 distress data in the
required state plane system
Little or no
understanding of
geotagging distress data
LiDAR Light detection and
ranging
LiDAR is captured on every
project –Total solution with
Pointerra
Limited ROW LiDAR
experience – Not a total
solution
Field data
collection
The way distress and asset
data are captured and
processed
Edge to edge – 100% distress
collection
Manual process 10%
distress- Distress is
missed
Schedule Time it takes to deliver PCI
Web-based PAVER tool
(SLICER) – Driving/analyzing
10x quicker
Slow
Additional Value Ability to add additional
value to the project All sensors all the time
Recollection fees – No
LiDAR – No trail
experience

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5 2. CONSULTANT INFORMATION, QUALIFICATIONS & EXPERIENCE

FIRM BACKGROUND
Since 1994, Transmap has been a data-focused company specializing in pavement and asset management. We have implemented our data into pavement and asset management programs that municipalities run across the country. Transmap is an industry leader and national provider of professional, technical, and management services to the transportation industry. Transmap provides the highest quality infrastructure management solutions for city and county-owned systems. Transmap specializes in analyzing distress data to create a PCI for pavement management. Since we drive all lanes for pavement analysis and have all our sensors active, we can also inventory roadway assets.

Transmap's staff consists of Professional Engineers, Ph.D.'s and GISP's. Our core team, led by Transmap's President and CEO, Howard Luxhoj, PE, and Vice President, Craig Schorling, GISP, have been involved with every project since 1997 and take a hands-on management approach to all projects.

PAVEMENT/ASSET MANAGEMENT PROJECTS
Transmap’s strength is its experience with over 800 completed pavement and roadway asset management projects. Pavement management solutions and asset inventory have been our only focus since 1994. Some of our previous pavement and roadway asset management projects in California are shown in the map below.

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6 COMPARABLE PROJECTS
Below are examples of projects that Transmap has completed successfully, which share similar requirements as those outlined in the RFP.

Project Information
Contracting agency: City of Hesperia, CA
Project Administrator/
Contact Person:

David R. Burkett
Project Construction Manager
Contact information: 760-947-1202
[email protected]
Contract amount: $159,000.00
Date of contract: February 2020
Date of completion: June 2020
Consultant Project
Administrator and contact
information:

Craig A. Schorling, GISP
Vice President
614-537-6297
[email protected]
Project Description:

Project Information
Contracting agency: City of Glendale, CA
Project Administrator/
Contact Person:

Yazdan T. Emrani, PE
Public Works Director
Contact information: 818-937-8227
[email protected]
Contract amount: $258,028.22
Date of contract: June 2020 Multi-phase (2023 Inspection for fall) Date of completion: November 2020 (Pavement) (Multi-year contract) Consultant Project
Administrator and contact
information:

Craig A. Schorling, GISP
Vice President
614-537-6297
[email protected]
Project Description:

Pavement Management (2020)
• 204 centerline miles
• ASTM D6433 formatting
• Pavement Condition Index (PCI)
• GIS integration
• 5-Year work plan
• PAVER training
• Crack Intelligence
• IRI and rutting data
Pavement and Asset Inspection (2020)
• 380 centerline miles
• Pavement Condition Index (PCI)
• GIS integration
• PAVER load
• IRI and rutting data
• Crack intelligence
• 5-Year work plan
• Assets extraction

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7 Project Information
Contracting agency: City of Burien, WA
Project Administrator/
Contact Person:

David Traub
Capital Projects Manager
Contact information: 206-436-5552
[email protected]
Contract amount: $56,427.45
Date of contract: October 2021
Date of completion: August 2022 (Driving did not start until April 2022 – Weather issues) Consultant Project
administrator and contact
information:

Craig A. Schorling, GISP
Vice President
614-537-6297
[email protected]
Project Description:

Pavement and Asset Inspection (2022)
• 270 lane miles
• StreetSaver/PAVER formatting
• ADTM D6433
• 5-year work plan
• Asset analysis – Sidewalks, ADA ramps

Project Information
Contracting agency: City of Spokane, WA
Project Administrator/
Contact Person: Chris Carfaro, GIS
Contact information: (509) 625-7752
[email protected]
Contract amount: $256,424.36
Date of contract: October 2020 Arterial roads – January 2022 Local roads – May 2023 Arterial roads Date of completion: On-going
Consultant Project
Administrator and
contact information:

Craig A. Schorling, GISP
Vice President
614-537-6297
[email protected]
Project Description:

Pavement Inspection (Local) (2022)
• 675 centerline miles
• ASTM D6433 formatting
• Distress formatted for StreetSaver
• Web-based viewer
• Advanced inspections
Pavement Inspection (Arterial) (2020)
• 272 centerline miles
• ASTM D6433 formatting
• Distress formatted for StreetSaver
• Web-based viewer
• Advanced inspections

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8 3. ORGANIZATION AND APPROACH
KEY PERSONNEL’S EXPERIENCE
Our personnel are all highly qualified and have experience working on numerous projects with similar scope and complexity as this agency project.

Since 1994, Transmap has worked with and implemented our data into many asset/pavement management systems. This includes StreetSaver, Esri, Pavement Express, PAVER, Cityworks, CarteGraph, Infor, client-created, etc., and Pointerra for LiDAR. All our data is inherently in Esri (GIS) format and has a spatial component.

Our core team has been working together for over 26 years. • More than 150 pavement/asset management/implementation projects in the last five years • More than 800,000 miles of data collection and QA/QC using automated technologies

PROPOSED TEAM TO THE PROJECT
Transmap Key Personnel Corporate Title / Project Role Years of Experience
Staff
Availability
Howard Luxhoj, PE President and CEO / Project Principal 27 5% Craig Schorling, GISP Vice President / Client Services Manager 30 35% Chris Crocker Operations Manager / Project Manager 15 30% Robert Little, CBI, PE Senior Project Manager / Reporting Engineer 50 10% David Ferguson, PhD Data Lead / Software Developer 38 10% Support Staff GIS / Pavement Technicians / Operators 5 - 9 Full time

SUB-CONSULTANTS
Transmap owns and operates its equipment, so sub-consultants are not needed for this project.

Client Services Manger Project Manager
Name:

Title:

Telephone:

Email:

Craig Schorling, GISP
Vice President
Mobile: 614-537-6297
Office: 614-481-6799
[email protected]
Name:

Title:

Telephone:

Email:

Chris Crocker
Operations Manager
Mobile: 740-835-1223
Office: 614-481-6799
[email protected]

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9 MANAGEMENT AND KEY PERSONNEL’S ROLE IN THE PROJECT
Transmap’s management team and support staff have active roles in every project. The core management team of Howard Luxhoj and Craig Schorling have been involved in every Transmap project since 1997. Their role is to ensure successful project delivery and coordination for our clients.

Howard Luxhoj, who will serve as Project Principal, will maintain overall project responsibility. Craig Schorling, who will serve as Client Services Manager, is responsible for the agency’s interaction with Transmap. Chris Crocker will oversee the assembling and the QC of all pavement distress data and roadway assets. Chris has over 15 years of formatting pavement distress data into various client-specified formats.

Our core Transmap team has experience in every aspect of every project.

ORGANIZATIONAL CHART

RESUMES OF KEY PERSONNEL
The resumes of our key personnel summarize their applicable qualifications, licenses, training and certifications.

David Ferguson, PhD
Data Lead
Craig, Schorling, GISP
Client Services Manager Howard Luxhoj, PE
Project Principal
Chris Crocker
Project Manager Robert Little, CBI, PE
Reporting Engineer
Support Staff
GIS/Field Data Collection & ASTM Formatting

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10 PROJECT PRINCIPAL
HOWARD LUXHOJ, PE | PRESIDENT AND CEO
27 Years of Experience | 27 Years with Transmap
Mr. Luxhoj is the President and CEO of Transmap Corporation and has spent the past 27 years focused on transportation infrastructure, specializing in municipal pavement and ROW asset management. He serves as Project Principal on all Transmap projects. He is responsible for providing extensive engineering and data collection oversight and ensuring constant communication with the client, subconsultants, project team members, and regulatory agencies throughout the project.

Mr. Luxhoj’s experience includes developing and implementing quality control measures for roadway infrastructure condition assessment projects nationwide, including the QA/QC of more than 400,000 miles of data collected using automated technologies. He has expert knowledge of GIS products, database tools, asset management databases, and commercial asset management systems. He is highly skilled in data collection, data integration, legacy system databases, project consulting, pavement and asset inventory systems, and system integration.

Mr. Luxhoj is a registered Professional Engineer in Ohio, Florida, and North Carolina. He also possesses NCEES Model Law credentials, allowing him to move his PE license to additional states as needed.

RECENT PAVEMENT AND ASSET MANAGEMENT PROJECTS
City of Fresno, City of Irvine, City of Glendale, City of Hanford, City of Hesperia, Kings County, City of Rialto, City of Simi Valley, City of Redwood City, City of Santa Barbara, CA; City of Mesa, AZ; City of Grants Pass, OR; City of Covington, City of Shoreline, City of Spokane, City of Sammamish, City of SeaTac, City of Burien, King County, WA; Boulder County, City of Commerce City, CO; City of Twin Falls, ID; City of Helena, Missoula MPO, City of Bozeman, MT; City of El Paso, City of Midland, City of Killeen, City of Round Rock, City of Corpus Christi, City of Stephenville, City of Baytown, TX; City of Dodge City, KS; City of Liberty, St. Charles MPO, City of St. Charles, City of St. Peters, City of O’Fallon, City of Lake St. Louis, City of Wentzville, City of Warrensburg, MO; Kane County, City of Aurora, City of Peoria, Village of Arlington Heights, Village of Niles, Tri- County (TCRPC), City of Rockford, IL; City of Shreveport, LA

FEMA EXPERT WITNESS
Panama City, FL Hurricane Pavement Damage Report

EXPERIENCE/SKILLS
•ASTM D6433
•Pavement Software
•Pavement Management
•ROW Asset Management
•Traffic Engineering
•Project Management
•Reporting

EDUCATION
BS, Engineering – Environmental,
The Ohio State University

REGISTRATIONS/CERTIFICATIONS
Professional Engineer:

North Carolina No. 038445
Florida No. 73717
Ohio No. 67242
NCEES #46928
Model Law Engineer (MLE)
APWA Member – Ohio
FCC - KD8TVB

TRAINING
PAVER Advanced Training 2013-
2018
LTAP Center 2011-2014
TRB (2015 - 2020, 2023) – Focus on
Pavements, Design, Pavement
Management

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11 CLIENT SERVICES MANAGER
CRAIG SCHORLING, GISP | VICE PRESIDENT
30 Years of Experience | 26 Years with Transmap
Mr. Schorling serves as Project & Account Manager and has over 30 years of experience, including more than 26 years with Transmap, specializing in pavement and ROW asset management. He is responsible for the overall management of engineers, technicians, and equipment to support the client’s needs, all vehicle calibrations, project GIS deliveries such as centerline review, and GIS integration of client historical data.

Mr. Schorling has extensive experience with project management, Esri products, database tools, asset management databases, commercial pavement, and asset management systems, running the mobile mapping vehicle, pavement and asset collection software, CMMS implementation, project consulting, system implementation and training, and customer support. This experience includes overseeing over 400,000 miles of data collection and QA/QC using automated technologies.

He has implemented numerous QA/QC procedures to ensure all GIS deliveries meet the highest customer standards, and has worked with many municipalities to improve their processes and systems.

Mr. Schorling is a certified GISP, and his almost three decades of GIS system operations experience has provided him with sound fundamentals in GIS project management and client development.

RECENT PAVEMENT AND ASSET MANAGEMENT PROJECTS
City of Fresno, City of Irvine, City of Glendale, City of Hanford, City of Hesperia, Kings County, City of Rialto, City of Simi Valley, City of Redwood City, City of Santa Barbara, CA; City of Mesa, AZ; City of Grants Pass, OR; City of Covington, City of Shoreline, City of Spokane, City of Sammamish, City of SeaTac, City of Burien, King County, WA; Boulder County, City of Commerce City, CO; City of Twin Falls, ID; City of Helena, Missoula MPO, City of Bozeman, MT; City of El Paso, City of Midland, City of Killeen, City of Round Rock, City of Corpus Christi, City of Stephenville, City of Baytown, TX; City of Dodge City, KS; City of Liberty, St. Charles MPO, City of St. Charles, City of St. Peters, City of O’Fallon, City of Lake St. Louis, City of Wentzville, City of Warrensburg, MO; Kane County, City of Aurora, City of Peoria, Village of Arlington Heights, Village of Niles, Tri-County (TCRPC), City of Rockford, IL; City of Shreveport, LA

EXPERIENCE/SKILLS
• Project Management
• Account Management
• Vehicle Calibrations
• QA/QC
• GISP
• ASTM D6433
• Pavement Software
• Pavement Management
• ROW Asset Management
• GIS Management

EDUCATION
BA, Geography, State University of
New York at Albany

REGISTRATION/CERTIFICATION
URISA GiSP No. 18882

TRAINING
Trimble 2022 Conference
Cityworks Administrator
Training, 2015
LTAP Center, 2011-2014
APWA PAVER Advanced
Training, 2013 – 2017
URISA Leadership Academy

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12 PROJECT MANAGER
CHRIS CROCKER | OPERATIONS MANAGER
15 Years of Experience | 15 Years with Transmap
Mr. Crocker has 15 years of pavement and ROW asset management experience and is Transmap’s Operations Manager. As Operations Manager, Mr. Crocker provides presentations and maps of deliverables, and creates project schedules using client project priorities as guidelines.

He also oversees loading the ASTM D6433 data into the client’s preferred pavement management system and performs all the “boots on the ground” walkouts for pavement QA/QC.

Mr. Crocker is our pavement formatting/software expert and specializes in formatting distress data to fit any pavement management software package. He has performed over 200,000 miles of data collection and QA/QC using automated technologies. He has worked on more than 150 ROW asset management and implementation projects in the last five years alone.

Mr. Crocker’s responsibilities include loading all legacy distress data into PAVER, distress, and walkout QA/QC, CMMS implementation, performing post-processing of GIS data to ensure quality control, preventative maintenance reporting support, performing nighttime MUTCD assessments, and appropriating staff to meet goals for timely deliveries, map creation and working with clients to make sure the maps fulfill their needs.

Mr. Crocker is also Transmap’s in-house certified APWA PMS Trainer performing one-to-two day in-house or virtual PMS trainings. He conducts all trainings using ASTM standards and covers PMS and GIS tools.

RELEVANT EXPERIENCE
• 25-30 PMS loads a year
• 5-10 PMS trainings a year (in-person/zoom)
• QA/QC of PMS Loads
• More than 150 ROW asset management and implementation projects

RECENT PAVEMENT AND ASSET MANAGEMENT PROJECTS
City of Fresno, City of Irvine, City of Glendale, City of Hanford, City of Hesperia, Kings County, City of Rialto, City of Simi Valley, City of Redwood City, City of Santa Barbara, CA; City of Mesa, AZ; City of Grants Pass, OR; City of Covington, City of Shoreline, City of Spokane, City of Sammamish, City of SeaTac, City of Burien, King County, WA; Boulder County, City of Commerce City, CO; City of Twin Falls, ID; City of Helena, Missoula MPO, City of Bozeman, MT; City of El Paso, City of Midland, City of Killeen, City of Round Rock, City of Corpus Christi, City of Stephenville, City of Baytown, TX; City of Dodge City, KS; City of Liberty, St. Charles MPO, City of St. Charles, City of St. Peters, City of O’Fallon, City of Lake St. Louis, City of Wentzville, City of Warrensburg, MO; Kane County, City of Aurora, City of Peoria, Village of Arlington Heights, Village of Niles, Tri-County (TCRPC), City of Rockford, IL; City of Shreveport, LA

EXPERIENCE/SKILLS
•ASTM D6433
•Pavement Software
•Pavement Management
•ROW Asset Management
•GIS
•GIS Client Support
•Project Management
•QA/QC Pavement Walkout
•Asset QA/QC
•Reporting
•Preventative Maintenance

EDUCATION
BS, Geographic Information
Science, Ohio University

TRAINING
APWA PAVER Advanced
Training, 2013 – 2018
Cityworks Administrator
Training, 2015
ODOT Pavement Preservation
Training, 2014
Pavement Express Training,
2023

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13 REPORTING ENGINEER

EXPERIENCE/SKILLS
• ASTM D6433
• PMS
• Pavement Management
• ROW Asset Management
• Traffic Engineering
• Project Management
• Reporting

EDUCATION AND TRAINING
BS, Civil Engineering, University
of South Florida 1986

REGISTRATIONS/CERTIFICATIONS
Professional Engineer, Florida,
No. 37974
Certified Bridge Inspector,
Florida, No. 00090 (Fixed &
Movable)
ROBERT G. LITTLE, CBI, PE | SENIOR PROJECT MANAGER
50 Years of Experience | 5 Years with Transmap
Mr. Little is Transmap’s Senior Reporting Engineer and assists in the reporting phase of the project. His 50 years of asset/pavement modeling, reporting, construction, and engineering experience have focused on the design, construction, management, inspection, maintenance, and rehabilitation of bridges, and other structures; as well as the design and development of computerized solutions for the automation of field inspection and office processes.

His responsibilities include assisting with all pavement reporting, creating customized reports, participating in client pavement management boot camps, and producing customized Capital Improvement Plans (CIP) that consist of the following budget scenarios:
unconstrained, constrained, backlog elimination, PCI hold, current budget, total system need (fix everything), do nothing and network evaluation. Mr. Little has created over 30 new CIPS for municipal clients in the last two years alone.

PROJECT HIGHLIGHT WITH TRANSMAP
Mr. Little was independently contracted to represent Hillsborough County, Florida as Project Manager to oversee the data collection of over 2 million asset data points for roughly 3,000 miles of roadway, reporting directly to the Public Works Director. He provided asset type condition summaries and progress reports in written and graphical (GIS) formats.

RECENT PAVEMENT AND ASSET MANAGEMENT PROJECTS
City of Fresno, City of Irvine, City of Glendale, City of Hanford, City of Hesperia, Kings County, City of Rialto, City of Simi Valley, City of Redwood City, City of Santa Barbara, CA; City of Mesa, AZ; City of Grants Pass, OR; City of Covington, City of Shoreline, City of Spokane, City of Sammamish, City of SeaTac, City of Burien, King County, WA; Boulder County, City of Commerce City, CO; City of Twin Falls, ID; City of Helena, Missoula MPO, City of Bozeman, MT; City of El Paso, City of Midland, City of Killeen, City of Round Rock, City of Corpus Christi, City of Stephenville, City of Baytown, TX; City of Dodge City, KS; City of Liberty, St. Charles MPO, City of St. Charles, City of St. Peters, City of O’Fallon, City of Lake St. Louis, City of Wentzville, City of Warrensburg, MO; Kane County, City of Aurora, City of Peoria, Village of Arlington Heights, Village of Niles, Tri-County (TCRPC), City of Rockford, IL; City of Shreveport, LA

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14 DATA LEAD

DAVID W. FERGUSON, PhD | DEVELOPER
38 Years of Experience | 9 Years with Transmap
Mr. Ferguson serves as Transmap Data Lead and manages the flow of data in and out of Transmap. His 38 years of experience includes: 20+ years of system troubleshooting, C language non-embedded/embedded, product development/project direction and applied electronics/mechanical design; 10+ years in system/ software requirements specification and verification/validation and robotics system development; and seven years of Python, Agile, TDD, Pylint, bash, systemd, JSON, Ubuntu, Raspberry Pi, GIS, GPS, LiDAR, AJAX, JavaScript, GIT, JIRA, Jenkins, Computer Vision, Machine Learning, Torch, Trello, MapBox, CI/CD, AWS IOT, Google Compute, Solid Works.

KEY EXPERIENCE
•IT Workflow – Set up workflow standards for PAVER 7.x
•SQL Server – Assisted Boulder County, CO, in setting up an enterprise- wide PAVER 7.x SQL implementation
•LiDAR Processing

Peters, City of O’Fallon, City of Lake St. Louis, City of Wentzville, City of Warrensburg, MO; Kane County, City of Aurora, City of Peoria, Village of Arlington Heights, Village of Niles, Tri-County (TCRPC), City of Rockford, IL; City of Shreveport, LA

EXPERIENCE/SKILLS
•System design
•Troubleshooting
•Production
•Support

SOFTWARE EXPERIENCE
•Pointerra: 3 Years
•LAS Creation: 8 Years

EDUCATION
PhD, Experimental Physics
(Engineering)
The Ohio State University,
Columbus, OH

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15 PROJECT UNDERSTANDING
Transmap understands that the agency is looking for a qualified consultant that will provide a proposal for the pavement management program, database development with street information, survey/evaluation of the agency’s approximate 210 centermiles of streets and 38 miles of alleys, and recommendations for pavement maintenance methodologies and treatment strategies.

Transmap loads edge to edge full inspections of each segment of the road. Each segment is one large sample of all lanes, so no distress is missed.

City of Upland
Centerline Review
Centerline Miles – 217.5
Sections - 1,173

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16 PROJECT APPROACH
Transmap has standards that are followed on every project. These standards will ensure that good data is delivered to the agency. Good data can better help the agency predict the future degradation of their roads, and these datasets will stand up to any scrutiny. Proper pavement management is critical for future and current funding cycles. Transmap’s data and expertise will assist the agency with work plans and funding costs to present to the council. We can exceed the target project timeline, and all our projects are within or under budget. This section lists our project methodology and the standards that we follow.

PROJECT MANAGEMENT/INITIATION
Transmap uses a customer interaction approach.

We genuinely value face-to-face interaction with
our customers. We will be on-site several times
throughout the project for meetings, hold multiple
web meetings, and work with agency staff so you are comfortable with the overall project and data collection.

VEHICLE CALIBRATION
Transmap performs a complete calibration of the system every quarter. LCMS2 and panoramic image collection are tested before and during every project.

Calibration Object
Transmap strives to meet the highest quality product with the best equipment. We are the only vendor that uses the official LCMS2 calibration object before every project. The calibration object is used to calibrate the LCMS2 sensor.

BASEMAP REVIEW
The creation of the network starts with the agency's centerline file. Transmap has highly trained GIS personnel who will analyze approximately 210 centermiles of streets and 38 miles of alleys of GIS data from the agency.

Transmap will analyze the number of segments, total
centerline miles, minimum and maximum segments, and
average length from the centerline file. Ownership of the roads is essential, so this step will occur before the vehicle is mobilized to the project location.

ROADWAY DATA COLLECTION
SLICER
Web-Based Project Tracking System
Transmap's web-based application allows for vehicle tracking during the initial data collection. Transmap drives all roads in both directions to collect 100 percent distress data on all lanes. The SLICER application follows the vehicle's movements and lets the operator know that
all roads have
been driven and
there were no issues.

Project managers can
follow this process by
logging in from any
location. The data
collection will be
performed with minimal
impact on traffic.

Red - Not driven
Yellow - Driven one way
Green - Driven http://slicer.systems (Cloud-Based)

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17 FIELD DATA COLLECTION
3D Laser Crack Measurement System 2 (100% Coverage)
Transmap's ON-SIGHT™ vehicles are fully equipped with a Pavemetrics Laser Crack Measurement System 2 (LCMS2), which uses laser line projectors (pictured at right), high-speed cameras, an inertial navigation system, and advanced optics to acquire high- resolution 3D profiles of the road. LCMS2 technology is the most sophisticated technology available that is a repeatable and objective solution to pavement management. This technology continuously scans laser points across 13 feet of pavement.

Fleet of Vehicles
Industry-Leading Systems
Transmap is assisting Pavemetrics in the development of LCMS-4M capabilities. Pavemetrics is looking to Transmap to showcase the strengths of LCMS-4M. We are the first US company to have the LCMS-4M, and it will be in production at the end of Q1 2023.

Laser Crack Measuring System (LCMS-4M)
• 4,000-point laser, full lane width
• High-Speed Illuminated
Cameras
• 100% Coverage
• 1mm or 5mm Roadway Profiles
Laser Crack Measuring System (LCMS2)
• Laser line projectors
• High-Speed Illuminated
Cameras
• 100% Coverage
• 1mm or 5mm Roadway Profiles
Ladybug5 Pano Camera
• 30 MP camera Resolution
• 360-degree view of roadway
• 6 camera system
• Approximately 16 feet image spacing
High-Definition LiDAR
• Up to 750,000 per second
• 360-degree coverage of roadway
• Intensity measurements
Dual GPS/INS System (GNSS)
• Real-time solution(1-2 feet)
• Integrated with LiDAR, Pano Camera
and LCMS
Distance Measuring Instrument (DMI) –
Wheel Counter
• External Wheel Counter
• High-resolution encoder
Transmap System 6, 6-2
• Trail capable
• 360 Degree Pano Camera, GPS/INS,
LiDAR Sensors
• Pavement Distress and
trail/roadway characteristics
Transmap System 9 – ADA Compliance
• Measures Slope and Run-Slope
• GPS/INS Solution
• Spherical camera for documentation

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18 FIELD DATA VERIFICATION
LCMS2/Panoramic Images
To ensure that all systems collected panoramic images and LCMS2 data on all lanes in both directions, Transmap uses a function in SLICER that analyzes the data and lets the Project Manager know if any areas do not have coverage.

DATA PROCESSING/ADVANCED INSPECTIONS
Data Processing
Transmap has been building tools out of the LCMS hardware since 2014 to enhance functionality and provide better client delivery. This robust toolset ensures our data's accuracy, timeliness, and completeness. An example of these tools is our crack processing which allows us to create our Crack Intelligence Report.

Advanced Inspections
LCMS2 Features: LCMS2 Models and Delivery
Transmap's standard LCMS2 collection creates polygons continuously down the travel lane. Transmap's development team has created a tool to output crack density at user-defined values of 1, 3, and 5-foot increments.

Ladybug but no LCMS
LCMS but no Ladybug
When others purchase an LCMS2, they use it based on a wheel counter and only process 10% of the boxes.

We process 100% of the following modules:

Lane marking; cracking; rutting; macro texture; potholes; raveling; longitudinal profile; concrete pavement joint; drop-off curb; sealed cracking; slope and cross slope; pickout; bleeding; man-made object (manholes, covers, drop inlets); patch; pumping
LCMS2
Every pavement distress in the customer’s network is captured, analyzed, and categorized for severity.

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19 CrackMap Orthophotography
The image below is a MrSID compression file (CrackMap Orthophotography) of LCMS2 data displayed in map format. Any distress from the LCMS2 laser measurements is superimposed onto the .jpeg images and laid flat on the centerline. The severity level standards are displayed in colors over the exact location of the cracks to easily distinguish between different pavement severities. The LCMS2 orthophotography can be added as a layer to the agency's ArcGIS environment.

Transmap Project Level Assessment
Transmap is unlike other vendors – we start at a project-level assessment using our Project Level Crack Intelligence. This allows us to see where the system recorded no cracks or excessive cracks. Automated error tracking is used throughout this process. Transmap's data displays LCMS2 polygons continuously down the road, recording every crack in the system.

Crack Intel Data
• White hashed box (no cracks)
• Red box (high level of cracking)
• Hot spots (every crack in the network)
LCMS2 Orthophotography In GIS
CrackMap Orthophotography
Crack Intel:

Crack information automatically computed with statistical analysis and rated accordingly to the customer’s own network.

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20 Project Level Crack Intelligence Reporting
Transmap can deliver a
Project Level Crack
Intelligence report
(pictured to the right) to
our clients, which shows
the length, width,
depth, and
measurements of every
crack in a roadway
network (100%
coverage). This
information can also be
displayed in ArcGIS as a crack hotspot map.

Transmap collects roughness data (displayed as project level and segment level), which can be shown in a GIS file. The locations causing poor and failed roughness are identified and rolled up to a segment-level roughness score.

Crack Hot Spot Map Data Driven Analysis
Crack Intelligence Report
Ride Quality - Failed Utility Adjustment Needed
Ride Quality - Failed
Pothole
Ride Quality - RRX
RRX

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21 GUEST ACCESS/DELIVERY
We can set you up with our
solution if the agency is not an
Esri user or has limited
experience using Esri. Using our
solution, you will have a web
interface (username and
password protected) to view all
images, crack intel data, etc.,
through our services. Regardless
of whether the agency is an Esri
user, we will host the images for
you; however, you can choose to
set them up internally since you
will own all images.

If the agency is an Esri user, we
can assist you with your internal
ArcGIS platform's setup, and you
will be able to use our layer
configuration to view our products.

The agency owns the data, which will be delivered on a hard drive to the agency. • Images (JPG) • Crack Intel Report • Vanimage shapefile • LCMS2 MrSID • Crack Intel shapefile • Individual crack shapefiles DATA PROCESSING – PAVEMENT
Automated Distress Extraction
Transmap has written algorithms that process the LCMS2's .xml file to identify and extract distress and rutting data. Transmap only drives on dry roads to get the best results when capturing cracking data. All cracking data is raw and can be uploaded into any pavement management software. Transmap can format the distress data according to ASTM standard formats. Once all the distress data is loaded into SLICER, Transmap can look at project-level data. Since we collect 100% of the distress data, we can turn certain areas of erroneous data off (intersections, paver crossings) so as not to skew the PCI results.

psl.tmap.pro
Project-Level PCI
PCI = 32
PCI Rating = Very poor

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22 QUALITY CONTROL PROCEDURES
Field Verification
Since we are Engineers
at Transmap, we walk
out between 5-10% of
every project to
guarantee our results
meet our standards. We
also routinely check 25%
to 35% of the segments
for repeatability. We use
our Project Level Crack Intelligence to see
where the system recorded no cracks or
excessive cracks. Automated error tracking is
used throughout this process. Transmap's data displays LCMS polygons continuously down the road that record every crack in the system. We have written proprietary algorithms that code for the standard deviation between how many cracks were collected and the final PCI for each section.

PAVEMENT CONDITION (PCI) – ROBUST ANALYSIS
PCI Calculations
We use the official Pavement
Condition Index (PCI) to
assess the pavement
condition as our
primary condition
rating standard. The
PCI measures
pavement condition
from 0 (worst) to 100
(best). ASTM has
adopted the PCI as
standard practice for
roads (D6433).

We provide a turnkey
solution for our
deliveries that will join the PCI values with the
agency's centerline and deliver the results as a
geodatabase, spreadsheet, and maps. Transmap
delivers network and project-level PCI. Our project-
level PCI takes all the LCMS2 polygon distress data
and calculates a PCI score. This assists us in our QC
process and in determining if long road segments
should be split due to non-homogeneity in their
segmentation.

No Samples/100% Distress Per Segment
iPad Based
Collector App
Network Level PCI
PCI Rating
Good 86-100
Satisfactory 71-85
Fair 56-70
Poor 41-55
Very Poor 26-40
Serious 11-25
Failed 0-10

Image Viewer
Boots on the ground

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23 GIS INTEGRATION
Transmap has been Esri's partner
since 1998, and we can integrate
customer-supplied data from and
into GIS. We can create and maintain
unique IDs that will allow us to link
GIS data into the PMS. We take the
customer's historic paving data on
every project and implement it into
GIS and the PMS. Spreadsheets will
be formatted to meet agency
requirements for data import into
the various Pavement Management
Systems. Transmap will use the
agency’s unique PMAID for each road
segment and if and updates are
required our GIS team will advise.

Features include:
• Unique IDs
• Distress data
• Work history
• PAVER
• Functional classification
• ADT data
• Council districts
• Maintenance zones
• Facility ID
• Int-ahead/Int-behind
• Legacy data

Functional Class

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24 STANDARD REPORTING
Our standard reporting consists of PCI data linked to GIS, segment reports, distress reports, and crack intel reports. Transmap's standard reporting will help with the work plan reporting tasks.

Web based PCI Certified Mileage Map
Branch Report
Distress Identification
Distress Report Section Report

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25 CLIENT CUSTOMIZED REPORTING
Transmap will prepare customized reporting for the agency, including a 5-year work plan based on the performance models that Transmap will create from current and historic data. Transmap will use the agency's maintenance treatments and treatment costs, and create separate families of roads based on the agency’s classifications. Transmap will run typical and client-customized work plan scenarios.

Enhanced scenarios include:
• Zero budget (Do nothing) • Unconstrained budget (Fix-All) • Current budget • Maintain PCI budget

M&R Recommendations

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26 PAVEMENT MANAGEMENT SOFTWARE: STREETSAVER
Transmap understands the agency requires using StreetSaver as its pavement management software system. Transmap can easily import collected data into StreetSaver. Transmap has completed this for multiple projects.

All of Transmap’s projects follow ASTM standards. Our data is open source, and the PCI data from StreetSaver can be linked to your GIS. We are formatting experts and do not sell software. Transmap has been implementing our distress data into StreetSaver for over 15 years.

StreetSaver Dashboard
Examples Spokane
StreetSaver

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27 Software Training and Support
Transmap's key staff proposed for this contract
have been trained by APWA-certified trainers.

Transmap's pavement software trainer, Chris
Crocker, has over 15 years of experience loading
data into pavement management systems. Mr.

Crocker has extensive experience training on
pavement management best practices and can
perform either virtual or on-site training of
StreetSaver.

Transmap will provide a one- day, 6-hour training
class on StreetSaver.

StreetSaver Dashboard
Software Training

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28 PROJECT DELIVERABLES
The list below summarizes our typical and optional deliveries depending on customer needs. • LCMS MrSID (GIS) • LCMS MrSID GIS file • Crack Intelligence GIS layer • Crack Intelligence shapefile • Crack Intelligence map printed • Crack Intelligence report (tabular, summary)
• Crack Intelligence map
(cracking hot spots)
• Pavement Condition Index (PCI) on
agency centerline file
• PCI maps (zones, districts,
neighborhoods)
• PCI maps • PCI segment report • PCI GIS layer
• Pavement report • Certified mile report • Project report • Certified mile printed map • Delivery drive report • Driving report • Section report • Ride quality • Distress report
• Web-based viewer (web-gis) • Surface type report & Map • Rutting (map/GIS) • Work plan GIS layer • All images on hard drive • All actual panoramic images • Image location (GIS) • IRI (GIS file) • PMS training • Failed ride quality locations
(map and GIS shapefile)
• 5-year work plan (maps,
spreadsheet) (optional) • Functional class map
• Work plan maps • Asset statistics • True Area (GIS file & report) optional
• Asset paper maps • ROW assets (GIS) • LAS files

PROJECT SCHEDULE
Since this type of collection, assessment, and GIS implementation is all Transmap does, we do not foresee any issues other than the weather that would prevent us from meeting the agency's timeline. Transmap has streamlined our data collection and post- processing, allowing us to deliver quickly to all our clients.

Schedule

The estimated project timeline is subject to change based on the following factors: agreed scope of work, agency staff availability for meetings, timely delivery of data requested by Transmap, and weather (cannot drive on wet roads).

Transmap's staff can complete the agency’s project in the time frame indicated in the project schedule.

PCI delivered within
40 days

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29 OPTIONAL SERVICES

LIDAR DATA
Transmap collects LiDAR data for all our projects. We are experienced in post-processing our LiDAR data, and we process our data into LAS files. Transmap has partnered with Pointerra software so our clients can view and make measurements of LiDAR data. Transmap can have the agency’s data in Pointerra and deliver LAS files.

Transmap will deliver all LAS files and give the agency access to the Pointerra viewer.

Grade
Markings and Striping
Signs

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30 OPTIONAL ASSET DATA COLLECTION
Transmap drives with all our sensors activated, so any roadway assets can be extracted at any time and are formatted for GIS delivery. Transmap uses our LiDAR and street-level orthophotography to extract roadway assets.

Transmap can also collect the following roadway assets:

Traffic Sign Street Light ADA Ramp Culvert
Drop/Curb Inlets Manhole Traffic Signals Pavement Marking Bridge Tree Fire Hydrant Water Valve
Sidewalk Failure Location Crosswalks Speed Humps Driveway Curb Failure Location Control Boxes ITS Traffic Reflective Markers Curb & Gutter Sidewalk Ditches Striping
Guiderails Lane Configuration Shoulder ADA Ramp Compliance Trails/Pathways True Area Nighttime MUTCD Sign Compliance

OPTIONAL TRUE AREA
The true area will be an exact pavement width, not just an average width from samples. This will assist the Paving Manager with actual widths to establish repair costs or major maintenance. Transmap will update the pavement centerline and deliver a polygon GIS layer of the true area.

+3,000,000 sq ft added

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31 4. PAST EXPERIENCE ON MUNICIPAL PROJECTS
The following are Transmap’s past municipal projects comparable to the agency’s project requirements.

City of Hesperia
Hesperia, CA
Client Reference:

David R. Burkett
Project Construction Manager
760-947-1202
[email protected]
2020: Pavement Management
• 204 centerline miles
• ASTM D6433 formatting
• Pavement Condition Index (PCI)
• GIS integration
• PAVER load
• 5-Year work plan
• PAVER training
• Crack Intelligence
• IRI and rutting data
“This is exactly the reporting
information we have been
looking for..” - David Burkett
Pavement Crack Intelligence
Pavement Condition Index (PCI)

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32 City of Glendale
Glendale, CA
Client Reference:

Yazdan T. Emrani, PE
Public Works Director
818-937-8227
[email protected] 2023: Fall Pavement Inspection
2020: Pavement Inspection
• 380 centerline miles
• Pavement Condition Index (PCI)
• GIS integration
• PAVER load
• IRI and rutting data
• Crack intelligence
• 5-Year work plan
• Asset extraction
M&R Recommendations
Pavement Condition Index (PCI)

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33 City of Burien
Burien, WA
Client Reference:

David Traub
Capital Projects Manager
206-436-5552
[email protected]

2022: Pavement & Asset Inspection
• 270 lane miles
• StreetSaver/PAVER formatting
• ADTM D6433
• 5-year work plan
• Asset analysis – Sidewalks, ADA ramps
StreetSaver PCI
StreetSaver Dashboard
Crack Intel Map
Sidewalks & ADA

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34 City of Spokane
Spokane, WA
Client Reference:

Chris Cafaro
GIS Specialist
(509) 625-7752
[email protected]
2022: Pavement Inspection (Local)
• 1305 survey miles
• ASTM D6433 formatting
• Distress formatted for StreetSaver
• Web-based viewer
• Advanced inspections
2020: Pavement Inspection (Arterial)
• 701 survey miles
• ASTM D6433 formatting
• Distress formatted for StreetSaver
• Web-based viewer
• Advanced inspections
StreetSaver Dashboard
Lane Count
Pavement Crack Intelligence

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35 City of Helena
Helena, MT
Client Reference:

David Knoepke, PE
Transportation Systems Director
(406) 447-8099
[email protected]
Pavement Condition Index (PCI)
Budget Scenarios
Council Presentation
2021 Boot Camp
2021: Pavement and Asset Inspection
• Asset extraction: Sign update
2018: Pavement and Asset Inspection
• 250 centerline miles
• ASTM D6433 formatting
• Pavement Condition Index (PCI)
• PAVER load
• Crack intelligence
• Reporting - M&R budget scenarios
• Council presentation
• Asset extraction: Signs, sidewalks, ADA ramps,
curbs, manholes, drop inlets, fire hydrants,
pavement markings and striping, etc.

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36 5. CONFLICT OF INTEREST STATEMENT
Transmap declares no conflict of interest.

6. LITIGATION
Transmap has no pending and/or ongoing litigation in connection with our prior projects.

7. CONTRACT AGREEMENT
Transmap has no issues or required changes to the proposed Professional Services Agreement included as Exhibit D. Transmap affirms that the proposal terms shall remain in effect for ninety (90) days following the date proposal submittals are due.

8. COST PROPOSAL
The completed Fee Schedule in Exhibit C is submitted with the proposal in its own separately sealed envelope.

CONCLUSION
Transmap is excited to support the agency in its Pavement Management Solutions. Our data would help serve all departments within the agency and the community. Transmap is committed to customer service and support.

Transmap is lower priced than our competitors, but we collect twice the data giving the agency the most accurate analysis of pavement distress data. Our data collection approach will ensure accuracy and timely PCI data delivery. We have extensive experience loading distress data into StreetSaver and building reporting solutions.

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37 REFERENCE LETTERS

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Page 191 of 354 ends

DATE: June 26, 2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: BRADEN YU, PUBLIC WORKS DIRECTOR

BOB CRITCHFIELD, ENGINEERING MANAGER
SUBJECT: CONSIDER APPROVAL OF THE FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH ECONOLITE SYSTEMS, INC. FOR TRAFFIC SIGNAL

MAINTENANCE SERVICES

RECOMMENDED ACTION:

It is recommended that the City Council approve an amendment to the professional services agreement with Econolite Systems Inc. providing for a one-year term renewal; and authorize the City Manager to execute the agreement.

GOAL STATEMENT
The proposed action supports the City’s goal of maintaining City traffic signals and improving the safety of the community.

BACKGROUND
The City is responsible for maintaining 87 traffic signals, and pays a proportionate fair share to adjacent agencies (Montclair and Rancho Cucamonga) for the remaining seven. Additionally, Upland maintains 11 flashing beacon locations (ten in school zones, one pedestrian crossing signal).

On October 26, 2020, the City Council awarded a traffic signal maintenance services agreement to Econolite Systems, Inc. for a contract period of 3 years, with the option to renew for two additional one -year terms upon mutual consent of both the City and Econolite Systems.

ISSUES AND ANALYSIS
Econolite has been the City’s traffic signal maintenance contractor for many years and has always been very responsive in responding to the City’s callouts for service. The existing contract with Econolite is set to expire on June 30, 2023 and both the City and Econolite wish to execute the first of two optional term extensions to continue to provide traffic signal maintenance services.

Econolite Systems is requesting a Consumer Price Index (CPI) adjustment of 15.71% for FY 2023/24, as they have not had an increase over the last 3 years. The requested CPI is considered a fair increase as it is in-line with both the U.S. Bureau of Labor Statistics and the State of California, Department of Industrial Relations Consumer Price Index for the San Bernardino County area. The CPI is calculated as follows:

Current CPI (as of March 2023 San Bernardino area): 127.707 CPI at beginning of Econolite Agreement in 2020: 107.640 Delta: 20.07
% of Increase (20.07 / 127.707 x 100): 15.71%

In addition to the CPI, engineering staff also reviewed Econolite contracts that were available through other public agencies websites (City of Brea and City of Simi Valley) and found Econolite pri cing to be in line with Upland’s traffic signal service needs.

ENVIRONMENTAL DETERMINATION
The traffic signal maintenance services agreement is not a project subject to the California Environmental Quality Act (CEQA) pursuant to Section 15301 “Existing Facilities” repair and maintenance and involves no expansion of an existing use.

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FISCAL IMPACTS
The City has budgeted $250,000 in the Traffic Facility maintenance expenditure account 101 -5406-5258 in the FY 23/24 operating budget.

The cost for Preventative Maintenance is $44,082.72 per year over the one-year term renewal as specified in the Cost Sheet Exhibit “A” Part A of the Amendment. The cost for extraordinary/emergency traffic signal services are difficult to project, as they are directly dependent upon the need for service due to equipment failures, vehicle collisions with signal equipment, vandalism, etc.

Staff believes the Econolite charges for FY 23/24 will be within the $250,000 budget, but a high number of equipment failures or vehicle collisions could require an additional appropriation later in the fiscal year.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Not a Project.

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FIRST AMENDMENT TO

TRAFFIC SIGNAL MAINTENANCE SERVICES AGREEMENT
WITH ECONOLITE SYSTEMS, INC.

THIS FIRST AMENDMENT TO TRAFFIC SIGNAL MAINTENANCE SERVICES AGREEMENT (“First Amendment”) is made and effective as of July 1, 2023, between the City of Upland, a municipal corporation ("City") and Econolite Systems, Inc., a California corporation ("Contractor"). City and Contractor are sometimes referred to herein individually as a "Party" and collectively as "Parties".

RECITALS

A. WHEREAS, the Parties entered into an agreement, dated October 27, 2020, for the purpose of providing Traffic Signal Maintenance Services (the "Original Agreement"); and

B. WHEREAS, the Parties now desire and consent to enter into an amendment to the Original Agreement in order to extend the term of the Original Agreement for one additional year pursuant to Section 3(a) of the Original Agreement, alter the termination provisions of the Original Agreement, and to include additional funds by way of a Consumer Price Index (CPI) adjustment of 15.71% for the continued performance of the services.

NOW THEREFORE, in consideration of the mutual promises and undertakings of the Parties hereinafter set forth, the Parties to this First Amendment mutually agree as follows:

AMENDMENT

1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.

2. Term Extension. Pursuant to the first extension option outlined in Section 3(a) of the Original Agreement, City and Contractor agree to extend the Original Agreement for additional term of one (1) year through June 30, 2024.

3. Amendment to Section 14 CONTRACT PRICE AND PAYMENT. Section 14 CONTRACT PRICE AND PAYMENT of the Original Agreement shall be amended to read as follows:

“City shall pay to the Contractor for furnishing the material and doing the prescribed work the unit prices set forth in Exhibit “A-1”, attached hereto to this Agreement and incorporated herein by this reference. Beginning July 1, 2023, the total not-to-exceed amount of the Agreement shall be increased by Thirty Nine Thousand Two Hundred Seventy Five Dollars resulting in a new total not-to-exceed amount of Two Hundred Eighty-Nine Thousand Two Hundred Seventy-Five Dollars ($289,275.00).

a. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Page 194 of 354

Contractor's fees it shall give written notice to Contractor within 30 days of receipt of an invoice of any disputed fees set forth on the invoice."

4. Partial Amendment to Section 19 TERMINATION of the Original Agreement.

Section 19(b) of the Original Agreement shall be amended to read as follows:

“b. Beginning on July 1, 2024, CONTRACTOR may terminate this Agreement upon providing written notice to CITY at least sixty (60) calendar days before the effective termination date.”

5. Partial Amendment to Section 21 NOTICES of the Original Agreement.

Contractor’s contact information in Section 21 NOTICES of the Original Agreement shall be amended to read as follows:

TO CONTRACTOR: Econolite Systems
1250 N. Tustin Avenue
Anaheim, CA 92807
Attn: Christopher Flores
Regional Vice President, Systems

6. Replacement of Exhibit “A” of the Original Agreement. Exhibit “A” of the Original Agreement shall be replaced in its entirety by Exhibit “A-1”, attached hereto to this First Amendment and incorporated herein by this reference.

7. Full Force. Except as amended by this First Amendment, all provisions of the Original Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this First Amendment.

8. Electronic Transmission. A manually signed copy of this First Amendment which is transmitted by facsimile, email, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this First Amendment for all purposes.

9. Counterparts. This First Amendment may be signed in counterparts, each of which shall constitute an original.

[SIGNATURES ON FOLLOWING PAGE]

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3 SIGNATURE PAGE FOR

FIRST AMENDMENT TO THE

TRAFFIC SIGNAL MAINTENANCE SERVICES AGREEMENT WITH
ECONOLITE SYSTEMS, INC.

IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be executed the day and year first above written.

CITY OF UPLAND
a California municipal corporation

CONTRACTOR
Econolite Systems, Inc.
1250 N. Tustin Avenue
Anaheim, CA 92807

_____________________________
Michael Blay, City Manager

By:____________________________

Name:_________________________

Title:___________________________
Attest:

______________________________
Keri Johnson, City Clerk

By:____________________________

Name:_________________________

Title:___________________________
Approved As to Form:

_______________________________
Stephen Deitsch, City Attorney

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4 EXHIBIT “A-1”

COST SHEET

[ATTACHED]

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1 EXHIBIT ‘A-1’

COST SHEET
CITY OF UPLAND / ECONOLITE SYSTEMS, INC.

TRAFFIC SIGNAL MAINTENANCE SERVICES FY 2023-2024

An officer or agent of the CONTRACTOR (Econolite Systems, Inc.) who is duly authorized to bind the company shall sign this Cost Sheet below.

PART A: Preventative Maintenance (15.71% CPI)

ITEM DESCRIPTION

ESTIMATED

QUANTITY UNIT
FY 2023-24

UNIT PRICE
FY 2023-2024

TOTAL COST
1 Bi-Monthly Preventative
Maintenance of Traffic Signal
Systems and Safety Lighting
per Intersection
87 EA $ 79.00 $ 41,238.00
2 Bi-Monthly Preventative
Maintenance of Pole and Mast-
Mounted Flashing
Beacon/Pedestrian/Fire
Signals per Location
12 EA $ 39.51 $ 2,844.72

PART B: Scheduled Repair Services (15.71% CPI)
Item
No.

Description Unit Price
1 Replace Type A Detector Loop (1 to 4 loops) $1,191.81 per loop 2 Replace Type A Detector Loop (5 or more loops) $595.90 per loop 3 Replace Type D Detector Loop (1 to 4 loops) $1,224.92 per loop 4 Replace Type D Detector Loop (5 or more loops) $629.01 per loop 5 Replace Video Detection Camera (Iteris Vector) $6,176.58 EA 6 Replace Pedestrian LED Module (Countdown Display) $304.31 EA 7 Replace Pedestrian Push Button/Pole $1,119.76 EA
8 Replace Type 1A Traffic Signal Pole $3,748.69 EA
9 Replacement of LED Indication GREEN $152.68 EA
10 Replacement of LED Indication RED $141.00 EA
11 Replacement of LED Indication YELLOW $142.43 EA
12 Replacement of LED PV Head $4,192.29 EA
13 Furnish & Install 2070 Controller with Software $5,298.94 EA

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2 PART C: Extraordinary Maintenance Fees - Labor Rates (15.71% CPI)

Description Rates Per Hour
Labor Rates Straight Time Overtime Double Time
Engineering Technician $134.29 $189.78 $239.63
Field Technician $139.93 $189.78 $239.63
Lead Technician $127.57 $189.78 $239.63
Relamper $139.93 $189.78 $239.63
Superintendent $134.29 $189.78 $239.63
Traffic Signal Laborer $120.75 $162.09 $203.42
Traffic Signal Apprentice $105.63 $139.50 $173.40

PART D: Extraordinary Maintenance Fees - Equipment Rates (15.71% CPI)

Equipment Rates
Pickup Truck $23.36 / Trip
Service Truck $64.85 / Trip
Service Truck w/Ladder $98.67 / Trip
Boom Truck – 18 Ton Crane $654.76 / Trip
Paint Rig Truck $42.29 / Trip
Telsta Truck $97.94 / Trip
Air Compressor $23.36 / Trip
Water Truck $23.36 / Trip
Big Concrete Saw $168.55 / Trip

Extraordinary Maintenance Fees - Materials Overhead Charge

WORDS: FIFTEEN PERCENT FIGURES: 15 %

SIGNATURE OF ECONOLITE SYSTEMS, INC. (SERVICE PROVIDER) Service provider hereby offers to furnish all labor, materials, equipment, tools, time, transportation, and services necessary to complete the work in accordance with the Contract and Specifications and to complete all requirements for the sums quoted in this Cost Sheet.

In witness hereof, the undersigned represents and warrants that they have the right, power, and legal authority to enter into and execute this document on behalf of the service provider, and have caused this document to be executed by setting here unto their name, title, and signature.

_____________________________________________________________ Name of Firm Representative Signature of Firm Representative

_____________________________________________________________ Title Date

THIS PROPOSAL MUST BE SIGNED BY THE SERVICE PROVIDER

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DATE: June 26, 2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: BRADEN YU, PUBLIC WORKS DIRECTOR

ALAN FRENCH, PRINCIPAL ENGINEER

HARRY PARR, ASSISTANT ENGINEER
SUBJECT: CONSIDER APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT TO PREPARE

THE ADA SELF EVALUATION AND TRANSITION PLAN

RECOMMENDED ACTION:

It is recommended that the City Council award a professional services agreement with Disability Access Consultants, LLC (DAC) for the data collection, analysis, and preparation of the ADA Self-Evaluation and Transition Plan in the amount of $172,630; and authorize the City Manager to execute the agreement and any future amendments /extensions within the City Manager's authority.

GOAL STATEMENT
The proposed action supports the City’s goal of providing safe infrastructure through efficient maintenance, planning, and implementation of work.

BACKGROUND
On March 11, 2021, the American Rescue Plan Act, also known as "ARPA", was signed into law. The Coronavirus State and Local Fiscal Recovery Funds ("SLFRF") federal stimulus program administered by the US Treasury allocates $1.9 trillion to help state and local governments respond to the economic and public health impacts of COVID-19. Under the law, each local government agency nationwide receives an allocation of ARPA funds, based on a formula. The City's share is $15.2 million.

On July 26, 2021, the City Council approved proceeding with four master planning projects using $805,000 of ARPA funding. The projects included a public facilities ADA master plan approved with a budget of $250,000. The master plan would provide an inventory of current conditions, identify future improvement projects, estimate project costs/budgets, prioritize projects for the future, and identify grant funding opportunities.

ISSUES AND ANALYSIS
On March 30, 2023, the City posted a request for proposal (RFP) for the ADA Self Evaluation and Transition Plan on the City website and sent it to local firms. The scope of this work includes performing field inspections within City facilities in order to identify obstacles limiting accessibility, describe methods to improve accessibility, and specify a schedule for achieving ADA compliance.

The consultant would be responsible for the following:
• Conducting a self-evaluation of all relevant public facilities, programs, services, and activities, to include research, field data collection, and data analysis,

• Coordinating the involvement of various stakeholders to include elected officials, City staff, disability advocacy groups, and the general public throughout the process,

• Developing a Transition Plan which will identify and prioritize current pedestrian barriers, provide a schedule for barrier removal, as well as establish procedures for addressing future accessibility issues, and

• Providing management, monitoring, and tracking tools that will allow staff to manage current and future accessibility issues, update the deficiency status, and generate reports to show progress in meeting the Transition Plan.

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The City received three proposals by the deadline of April 27, 2023 at 2:00 PM. The proposals were reviewed and graded, as described in the RFP, by a panel of City staff. The City staff panel ranked the proposals and averaged the rankings, and the top firm was Disability Access Consultants, LLC.

ENVIRONMENTAL DETERMINATION
This contract for developing the City ADA Transition plan is not considered a project under the California Environmental Quality Act (CEQA) regulations.

FISCAL IMPACTS
City Council previously appropriated $250,000 to prepare a Public Facilities ADA Master Plan with ARPA funds. No additional appropriation is necessary.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Not a Project

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CITY OF UPLAND

PROFESSIONAL SERVICES AGREEMENT

This Agreement is made and entered into as of June 26, 2023 by and between the City of Upland, a public agency organized and operating under the laws of the State of California with its principal place of business at 460 N. Euclid Avenue, Upland, CA 91786 (“City”), and Disability Access Consultants, LLC, a limited liability company with its principal place of business at 2862 Olive Highway, Suite D, Oroville, CA 95966 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:

Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan (hereinafter referred to as “the Project”).

B. Consultant is duly licensed and has the necessary qualifications to provide such services.

C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.”

2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “B.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of One Hundred Seventy Two Thousand Six Hundred Thirty Dollars ($172,630.00). This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed.

Payments to Consultant for work performed will be made on a monthly billing basis.

c. The City Manager may approve Additional W ork, as further defined in Section 3, 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 (original compensation amount

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and Additional W ork) exceed Two Hundred Twenty Two Thousand Six Hundred Thirty Dollars ($222,630). Any additional work in excess of this amount shall be approved by the City Council.

3. Additional Work.

If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

4. Maintenance of Records.

Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.

5. Time of Performance.

Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”).

Consultant shall complete the services required hereunder within 248 calendar days upon receipt of the Notice to Proceed. The Notice to Proceed shall set forth the date of commencement of work.

6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non- performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; pandemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies.

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c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

8. Standard of Care
Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.

9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.
a. PERS Eligibility Indemnification
In the event that Consultant or any employee, agent, or subcontractor of Consultant 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, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant 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, Consultant 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.

11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section.

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a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Agreement (8) Property Damage
(9) Independent Contractors Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).

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(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self -insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.

(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.

d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant 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 Consultant. “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. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage

Automobile Liability $1,000,000 combined single limit Employer’s Liability $1,000,000 per accident or disease

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Professional Liability $1,000,000 per claim and aggregate (errors and omissions)

(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City,

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and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section.

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13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant 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 Consultant and all subconsultants 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. b. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. 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.

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c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant 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 Industria l Relations against Consultant or any subcontractor.

14. Verification of Employment Eligibility.

15. Reserved.

16. Laws and Venue.

This Agreement shall be interpreted in accordance with the laws of the State of California.

If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California.

17. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
18 Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents,

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produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

19. Organization
Consultant shall assign Barbara Thorpe as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

20. Limitation of Agreement.

This Agreement is limited to and includes only the work included in the Project described above.

21. Notice

DISTRICT:

City of Upland
460 N. Euclid Avenue
Upland, CA 91786
Attn: City Manager
CONSULTANT:

Disability Access Consultants, LLC
2862 Olive Highway, Suite D
Oroville, CA 95966
Attn: Barbara Thorpe

and shall be effective upon receipt thereof.

22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

23. Equal Opportunity Employment.

Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layof f or termination.

24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated

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herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.

25. Severability
The unenforceability, invalidity, or illegality of any provision(s) of this Agreement shall not render the remaining provisions unenforceable, invalid or illegal.

27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either Party, unless such waiver is specifically specified in writing.

28. Time of Essence
Time is of the essence for each and every provision of this Agreement.

29. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN CITY OF UPLAND

AND CONSULTANT

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF UPLAND DISABILITY ACCESS CONSULTANTS, LLC

By: By:

Michael Blay
City Manager Its:

Printed Name:

ATTEST:

By:

Keri Johnson
City Clerk

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EXHIBIT A
Scope of Services

The Consultant’s scope of work includes, but is not limited to, all items identified in the City’s Request for Proposal (RFP) dated March 30, 2023, and Consultant’s Proposal dated April 26, 2023. At a minimum, the Consultant will be responsible for providing the services described below:

1. Conducting a self-evaluation of all relevant public facilities, programs, services, and activities, to include research, field data collection, and data analysis,

2. Coordinating the involvement of various stakeholders to include elected officials, City staff, disability advocacy groups, and the general public throughout the process,

3. Developing a Transition Plan which will identify and prioritize current pedestrian barriers, provide a schedule for barrier removal, as well as establish procedures for addressing future accessibility issues,

4. Providing management, monitoring, and tracking tools that will allow staff to manage current and future accessibility issues, update the deficiency status, and generate reports to show progress in meeting the Transition Plan.

It is the intent of the City for the finalized ADA Transition Plan to serve as a pragmatic application tool that will identify existing and future accessibility needs, document accessibility facility standards, and to provide design criteria for future facilities development. The City expects the project to be conducted in two general phases:
 Phase I. Self-Evaluation: Survey, review, and analysis of facilities, programs, services and activities.
 Phase II. Transition Plan: Collaborating with various stakeholders to review Phase I results, establish priorities and schedules for completion, and reach consensus for a finished product.

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14 EXHIBIT B
Schedule of Charges/Payments

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ENVELOPE B- FEE AND RATE SCHEDULE

Fee and Rate Schedule

Proposal for an
Americans with Disabilities Act (ADA)
Self-evaluation and Transition Plan

City of Upland

April 26, 2023

Disability Access Consultants, LLC
2862 Olive Highway, Suite D
Oroville, CA 95966

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DAC Fee Proposal to the City of Upland for an ADA Self-evaluation and Transition Plan 1

ENVELOPE B- FEE AND RATE SCHEDULE
April 26, 2023

To: Keri Johnson, City Clerk
City of Upland
460 N. Euclid Avenue
Upland, CA 91786

Re: Fee and Rate Schedule - Request for Proposal Response for an Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan

Firm Information: Disability Access Consultants, LLC (DAC) Corporate Address: 2862 Olive Highway, Suite D, Oroville, CA 95966 Project Contacts: Tim Mahoney, General Manager Barbara Thorpe, President [email protected] [email protected]
(800) 743-7067 (800) 743-7067

FEE AND RATE SCHEDULE

Respectfully submitted by Tim Mahoney, General Manager

DISABILITY ACCESS CONSULTANTS LLC
Americans with Disabilities Act Self-Evaluation and Transition Plan Update

STAFF POSITIONS AND BILLING RATES
TASKS Project
Manager CASp
General
Manager
Director of
Administrative
Services
Field
Team
Leader
Accessibility
Specialists
IT
Director Cost
$120 $120 $100 $95 $95 $85 $0 ($)
Phase I - Self Evaluation

1.Project Management, Coordination, Reporting,
Communication, Meetings 40 10 10 30 40 13,650$

2.Stakeholder Advisory Team (ADA Advisory Team)
engagement and feedback 12 2 12 2,780$

3.Facility and Park Inspections 16 16 8 16 140 1400 138,460$ Phase I Scope and Task Total 68 26 20 58 180 1400 0 154,890$ Phase II - Transition Plan
1 Transition Plan Report 32 8 6 40 14 9,200$
2 City Wide Reference Map: Included with DACTrak 12 -$

3.Project Database: Included with DACTrak 12 -$

4.Public Particpation and Outreach 24 8 40 7,480$

5.Presentation to Council 4 2 4 1,060$
Phase II Scope and Task Total 60 8 16 84 0 0 38 17,740$ TOTALS 128 34 36 142 180 1400 38 172,630$
Fee/Rate Schedule - ENVELOPE B
City of Upland

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Proposal for an
Americans with Disabilities Act (ADA)
Self-evaluation and Transition Plan

City of Upland

April 26, 2023

Disability Access Consultants, LLC
2862 Olive Highway, Suite D
Oroville, CA 95966

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DAC Proposal to the City of Upland for an ADA Self-evaluation and Transition Plan 1 Table of Contents

1. COVER LETTER ............................................................................................................................................... 2

2. PROPOSER BACKGROUND ......................................................................................................................... 3

3. PROJECT APPROACH ................................................................................................................................... 4 PROJECT APPROACH: PHASE I: SELF-EVALUATION............................................................................................................. 5 PROJECT APPROACH – PHASE II TRANSITION PLAN ........................................................................................................... 7 DETAILED WORK PLAN AND SCHEDULE ............................................................................................................................. 8 QUALITY CONTROL AND PERFORMANCE ............................................................................................................................. 9 CITY STAFF TRAINING - OPTIONAL ................................................................................................................................. 10

4. QUALIFICATIONS AND RELEVANT EXPERIENCE ................................................................................10 PRIOR PROJECTS ............................................................................................................................................................ 13

5. PROJECT TEAM .............................................................................................................................................14 ORGANIZATIONAL CHART ................................................................................................................................................ 14

6. CONSULTANT EXPERIENCE AND REFERENCE .....................................................................................16 SUPPLEMENTAL MATERIALS ............................................................................................................................19 SAMPLE DACTRAK SCREEN SHOTS AND INFORMATION .................................................................................................... 19

APPENDIX – RESUMES

BARBARA THORPE, DAC PROJECT MANAGER

MICHAEL BOGA, DAC SENIOR DIRECTOR OF ACCESSIBILITY SERVICES AND HEAD OF QUALITY CONTROL

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DAC Proposal to the City of Upland for an ADA Self-evaluation and Transition Plan 2

1. Cover Letter
April 26, 2023

To: Keri Johnson, City Clerk
City of Upland
460 N. Euclid Avenue
Upland, CA 91786

Re: Request for Proposal Response for an American with Disabilities Act (ADA) Self-Evaluation and Transition Plan

Firm Information: Disability Access Consultants, LLC (DAC)

Corporate Address: 2862 Olive Highway, Suite D, Oroville, CA 95966

Project Contacts: Tim Mahoney, General Manager Barbara Thorpe, President [email protected] [email protected]
(800) 743-7067 (800) 743-7067
We appreciate the opportunity to submit our statement of qualifications and proposal for providing consultant services for an Americans with Disabilities Act (ADA) Self-evaluation and Transition Plan for the City of Upland facilities, parks and apartment complexes.

Disability Access Consultants, LLC (DAC) has thoroughly examined the request for proposals and has become familiar with the work and deliverables required in the RFP and is capable of performing quality work to achieve the objectives of the City. DAC has extensive experience in the evaluation of program and facility accessibility and provides a full continuum of Americans with Disabilities Act (ADA) and accessibility services for public entities, such as the City of Upland. DAC has an extensive and successful history of performing and delivering quality work that will exceed the objectives of this RFP for the City.

I HAVE READ, UNDERSTOOD AND AGREED TO ALL STATEMENTS IN THE REQUEST FOR

PROPOSALS AND ACKNOWLEDGE RECEIPT OF ALL ADDENDUMS / AMENDMENTS AS WELL AS TO THE TERMS, CONDITIONS AND ATTACHMENTS REFERENCED.

DAC has received and reviewed Addendum No. 1 published on April 5, 2023 and Addendum No. 2 published on April 17, 2023 and has incorporated the information into our response.

All information submitted with the proposal is true and correct.

Tim Mahoney and Barbara Thorpe have contractual responsibility and are authorized to negotiate and bind the firm contractually and both are authorized to sign this proposal and any contract documents. All information submitted in DAC’s response to the City of Upland request for proposal is true and correct.

Thank you for the opportunity to submit this proposal to provide our services to the City of Upland.

Respectfully submitted by Tim Mahoney, General Manager

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DAC Proposal to the City of Upland for an ADA Self-evaluation and Transition Plan 3

2. Proposer Background
Founded as a California company in 1998, DAC has provided services for the past 25 years to assist public entities to comply and implement accessibility requirements in accordance with the ADA, Title 24 of the California Building Code, Section 504 and related federal, state and local disability-related nondiscrimination laws and regulations.

DAC has conducted over 28,000 building inspections, surveyed thousands of parks and playgrounds, inspected over 30,000 of miles of public rights-of-way and performed hundreds of programmatic reviews and self-evaluations to study the accessibility of programs, services, activities, events and related areas.

DAC has a team of 25 staff, including CASp certified inspectors, dedicated to assisting public entities, such as the City of Upland, with ADA compliance. DAC has a comprehensive understanding of applicable standards, regulations and requirements under Title II of the ADA, California Building Code, PROWAG, CAMUTCD, Caltrans and related state accessibility standards. All DAC team members listed in this proposal will be the core staff working with the City on this project and will be actively involved on a daily basis. DAC’s team is keenly aware of the requirement, scope and deliverable required by this RFP and has the availability and expertise to successfully complete this project.

The project manager for the City of Upland project will be Barbara Thorpe. Prior to founding DAC 25 years ago, Barbara worked with a public entity for 19 years as the ADA Coordinator, 504 Coordinator and Director of Planning and Compliance. Barbara has extensive experience working with individuals with disabilities and organizations representing individuals with disabilities. In addition, she has collaborated with individuals with disabilities and organizations that represent individuals with disabilities in a facilitative manner that has benefited city and town governments during her work with other municipalities.

Barbara and the DAC team members have demonstrated the ability to engage and interact with individuals and organizations to assist with the prioritization, long range planning and implementation of the ADA plan. Barbara and her team have successfully completed over 400 similar projects to the City of Upland.

The DAC team members presented in this proposal are all assigned to this project and will serve as the key team members for the project. All will be actively involved and available to ensure a successful project. No members of the key DAC team will be removed without consent of the City.

We have provided more detail and background about Barbara and the DAC team in the organization and resume sections of this proposal.

DAC is currently assisting or has recently completed similar studies for numerous city and county governments similar to the City of Upland. Including the City of Anaheim, City of Jurupa Valley, City of Fullerton, City of San Dimas, City of Stanton, City of Huntington Beach, City of Torrance, City of West Covina, City of Moreno Valley, City of Azusa, City of Loma Linda, Riverside Unified School District, City of Murrieta, City of Lake Elsinore, City of Rolling Hills Estates, City of Rancho Palos Verdes, City of Laguna Niguel, City of Milpitas, County of San Mateo, City of Fremont, City of Redwood City, City of Fairfield, City of Dublin, City of Livermore, City of Berkeley and the City of San Mateo.

To provide for easy management of the transition plan and documentation of compliance efforts, DAC has developed online Accessibility Management Software called DACTrak. DACTrak is a

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DAC Proposal to the City of Upland for an ADA Self-evaluation and Transition Plan 4 powerful online tool to manage and update the transition plan, project costs and document progress.

Custom reports can be printed in a variety of formats. DACTrak provides a quality finished product for easy and cost-effective management of the ADA plan.

3. Project Approach
It is understood that the City of Upland is requesting a firm with professional experience in accessibility compliance to assist City staff in the self-evaluation of City facilities, parks, programs, services and activities, as well as the development of a transition plan. The project has two phases, Phase I: Self Evaluation and Phase II: Transition Plan development.

DAC will provide services required to complete the project for the development of the City’s ADA Self-Evaluation and Transition Plan stated in Section III “Scope of work” in the RFP. The inspection of the City parks, facilities, housing and open areas along with the exterior sidewalks and paths of travel from the City’s facility to the public-right-way are included in DAC’s response and understanding. As clarified in Addendum No. 1, the City is not asking for a Citywide public right-of- way evaluation at this time. Based on our extensive experience of working with city governments, DAC has provided suggestions for additional tasks and interactive software tools for monitoring, management, and implementation for compliance with the Americans with Disabilities Act (ADA), Title 24 of the California Building Code (CBC) and other relevant laws and regulations.

DAC has extensive knowledge and experience with all federal and state regulations from our 25 years in business which includes but is not limited to the current 2010 ADA Standards, 28 Code of Federal Regulation (CFR) 35, Title 24 California Building Standards Code, Title II of the ADA, PROWAG, MUTCD, Section 504 and related federal and state standards and regulations. The inspections will identify barriers or potential barriers in accordance with applicable federal and state accessibility standards and regulations. DAC will provide the City with proven and effective solutions for prioritizing, budgeting, implementing and monitoring barrier removal.

To successfully complete the project activities in a timely manner, DAC will work closely and collaboratively with the City of Upland without imposing unnecessary interruptions or burdens to staff. With over 28,000 facilities inspected in the past 25 years DAC has a keen understanding of the challenges and planning requirements to complete effective inspections with all types of facilities.

There are potential challenges with many types of facilities, including parks, pre-school areas, community centers, fire stations, police stations and emergency response facilities. Challenges can include classes being held at community centers and parks, security, scheduling and privacy concerns at emergency response centers.

DACTrak - Innovative Tools, Strategies and Best Practices Based on experience and knowledge of the accessibility field and best practices, DAC continues to develop innovative methodologies, easy to use ADA management tools, and proven, successful strategies for evaluating programs, services, activities, events, facilities, parks and public rights-of- way. DACTrak was developed by DAC for the purpose of easy and useful importing and management of the accessibility data collected in the field. DACTrak is interactive web-based software and is not an enhanced Excel spread sheet. The ability to collect, compile, analyze and use report data in a practical format was one of the driving forces to develop the DACTrak intake and management software.

Our DAC accessibility management software, DACTrak, provides our clients with a powerful management tool to document compliance, project costs, print custom reports and record progress.

DACTrak is not an Excel spreadsheet, but actual software that has been developed by our company to assist with the implementation and documentation of the City’s ADA plan and provides photographs of as-is site conditions, which has proved to be valuable documentation. Findings and

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DAC Proposal to the City of Upland for an ADA Self-evaluation and Transition Plan 5 recommendations, in addition to other data are preloaded into the DACTrak software. As DAC owns and licenses the DACTrak software, we can make custom modifications for our clients.

DAC will be providing the City with the use of our DACTrak to assist the City in the management and long-term sustainability of its comprehensive ADA self-evaluation and transition plan. DACTrak is a powerful online tool that will allow the City to manage and update the transition plan, project costs and document progress.

DAC’s overall approach to each of our clients, is that each project that we complete is unique and customized to the individual client we work with. Certainly, many of the overall objectives, standards and requirements are similar for each public entity, but the end result and long-term implementation of the plan is specific and unique to each client.

Over the past 25 years, DAC has continually developed innovative inspection techniques, deployed proven implementation strategies, consistently invested in staff training and created the DACTrak Accessibility Management Software to allow Title II entities, such as the City of Upland, to create and effectively manage its comprehensive ADA self-evaluation and transition plan. This has allowed DAC to successfully complete over 400 ADA plans across the country with over 260 in California.

The combination of these efforts, experience and commitment to our clients has allowed DAC to bring a unique and innovative approach to this project.

Project Approach: Phase I: Self-Evaluation

1. DAC will meet with designated City staff, referred to as the “ADA Compliance Team,” to discuss project expectations, required forms and practices for survey methodology and a schedule for project deliverables. DAC will take this opportunity to review and clarify any questions related to the project's scope, and to become familiar with important issues and availability of resources.

2. DAC will serve in a project management capacity throughout the project with general direction from the City’s project team.

3. DAC will develop the procedures and forms needed to conduct a self‐evaluation on behalf of the City.

4. DAC will meet with members of the City’s staff and the ADA compliance team to describe the process, timelines, and expectations associated with both phases of work, as well as to gather any general input they may provide. DAC will also work with the City to coordinate public outreach regarding transition plan process.

5. DAC will meet with a group of citizen stakeholders comprised of disability advocates, disabled citizens, and general members of the public, hereinafter referred to as the "ADA Advisory Team", to describe the process, timeline, and expectations associated with both phases of work, as well as receive any general input they may provide.

6. DAC will suggest monthly or as-needed progress and update meetings with City staff to ensure City and DAC are meeting project goals and contract objectives.

7. DAC will conduct selected departmental programmatic and policy reviews to determine if potential barriers to participation in City operated or sponsored services and events exist.

8. DAC will create a report of accessibility issues related to programs and policies and meet with the City’s project team to provide suggested changes to achieve compliance.

9. DAC will conduct field surveys of City buildings and facilities listed in Exhibits A and B in the request for proposal. The surveys will focus on the evaluation of architectural barriers for compliance with both ADA and Title 24 of the California Building Code for both the interior and exterior of City buildings, facilities and parks.

10. As required by the ADA, the 2010 ADA Standards will be compared with state codes and the standard that provides the greater level of accessibility utilized. As DAC collects as-is field conditions and records all information, data can be reprocessed if codes change without conducting a re-inspection, thus resulting in significant cost savings, over time for the City.

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DAC Proposal to the City of Upland for an ADA Self-evaluation and Transition Plan 6

11. Due to limited City staff availability, DAC will conduct the field surveys with the intent of requesting as little assistance from City staff as possible. Surveys of facilities that require City staff assistance, such as secure facilities or those that are not generally staffed, will be coordinated through the City’s project team, and scheduled in a way that minimizes the impact to the regular workloads of the applicable staff members.

12. DAC will compile survey data in our DACTrak Accessibility Management Software, which is a user friendly and easily accessible web-based format. Reports can be generated in multiple file types, including Microsoft Excel, PDF, KML and ESRI Shapefile.

13. Survey data for public rights-of-way will also include GIS information that is compatible with ESRI ArcMap and other ArcGIS programs.

14. Although the City is not requesting a Citywide survey of all public rights-of-way, for sidewalks included as part of the path of travel to and from City facilities, the survey reports provided to the City will include the following information at a minimum:
a. Sidewalks: Location description and GIS coordinates of non-compliant findings, length, width, cross slopes, material, surface condition, location of heavy cracking, uplifting, and obstacles within the sidewalk and driveway crossings.
b. Curb Ramps: Location description and GIS coordinates of non-compliant findings, type, surface condition, landing, cross slopes, width, truncated domes, and crosswalk connection and alignment.
c. Missing Curb Ramps: Location description and GIS coordinates, sidewalk surface condition, type and number of fixed obstacles.
d. Pedestrian Ramps: Location description, GIS coordinates for exterior ramps if available, length, width, landing, cross slopes, and hand railing and condition. e. Buildings: Measurements and data collected will be processed using both federal ADA and California criteria and data points, and reports will include non-compliant findings as compared to all applicable codes.

15. DAC will compile the recorded data and, following our multi-step editing and quality control process, will meet with the City’s project team to review and analyze data gathered from the survey process.

16. DAC will produce field survey reports, which will be detailed reports that identify the various non- compliant elements found. Barriers are identified by building, floor, or location and given a unique identifier record number (UIN) to assist with navigation in the accessibility software and location of the finding and recommendation by area and site. Estimated applicable costs will be given by item and element in accordance with industry standards. Costs can be easily adjusted to adhere to any cost estimates the City of Upland may utilize. To access the reports, DAC will provide the City with a presentation of the DACTrak Accessibility Management software that allows users to generate reports in multiple formats, and to manage and track progress of the City’s updated transition plan.

17. Following the DACTrak presentation, DAC will issue logins the authorized City users. The DACTrak users will be able to review the facility survey report data and offer feedback to DAC.

DAC will record all feedback and make appropriate changes as directed by the City.

18. DAC will present the facility survey report to the ADA Compliance Team. DAC will record all feedback, as well as make changes as directed by the team.

19. DAC will present the facility survey report to a joint meeting of the ADA Compliance Team and the ADA Advisory Team. DAC will record all feedback.

20. DAC will provide a summary of the findings of the self‐evaluation of facilities, policies, and practices; that will include, but not limited to:
• Recommendations of remedial measures to correct deficiencies and a methodology for the prioritization of barrier remediation
• Cost estimates for remediation measures
• Implementation schedule that includes milestones or measures of achievement for monitoring implementation

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DAC Proposal to the City of Upland for an ADA Self-evaluation and Transition Plan 7 • Policy and procedures for reviewing and updating the transition plan • Policy and procedure review for addressing ADA grievances • Assignment of responsibilities for remediation.

Project Approach – Phase II Transition Plan

1. DAC will provide the City with access to DACTrak Accessibility Management online software to easily allow the City to review the first draft of the ADA Transition Plan Update (Plan). The first draft will be based on prior research and data collected during the surveys. The reports will include an initial recommendation for priority of barrier removal typically associated with each type of deficiency. Using DACTrak, the City can further refine the priorities using factors such as use and available funding. DAC will work with the City and propose strategies to achieve the recommended goals.

2. DAC will consult with the City to review the draft transition plan document, identify project priorities, and solicit feedback for refining the various components. DAC will incorporate any appropriate comments, suggestions or changes made by the City’s project team into the draft plan.

3. DAC will meet with the ADA Compliance Team to review the initial draft document, identify project priorities, and solicit feedback for refining the various components. DAC will incorporate any comments or changes made by this team into the draft Plan.

4. DAC will meet with the ADA Advisory Team to review the draft document, identify project priorities, and solicit feedback for refining the various components. DAC will document and analyze all suggestions.

5. DAC can meet with members of the community at-large at an advertised public meeting, to be held in the evening on a weekday, to review the draft document, identify project priorities, and solicit feedback for refining the various components. DAC will document all comments and suggestions.

6. DAC will collaborate with City to ensure the public input process is adhering to standard advertising requirements, DAC will also collaborate with City to plan and implement concerted public outreach effort, using a variety of mediums, including weekly advertisements in the Daily Bulletin in the four weeks leading up to the meeting and a notice posted on the City's website for the same duration.

7. DAC will consult with the City to review the draft transition plan document, identify project priorities, and solicit feedback for refining the various components. DAC will document all suggestions.

8. DAC can assist the City with proven tools and methods in order to complete its required public outreach efforts.

9. DAC will prepare and produce a second draft of the ADA Transition Plan that is clear, concise, and user-friendly. The report will include a detailed description of identified barriers, a method to remove or remediate the barrier, as well as initial prioritization for barrier removal and tools to allow the City to manage the barrier removal and transition plan. The ADA self-evaluation and transition plan document will describe the process that the City took to update the transition plan and include a summary of the public input received.

10. DAC will also provide DACTrak logins to authorized City users so that custom reports can be generated on demand in multiple styles and file formats.

11. The ADA self-evaluation and transition plan document will include an overview of the process, the comments received, participation of various stakeholders, recommendations for continued compliance and the end result.

12. DAC can present (2) copies of the second draft Plan to the ADA Compliance Team and (5) Copies of the second draft Plan to the ADA Advisory Team for final comments and suggestions. These documents will clearly be denoted as "draft'' on the cover. DAC will seek concurrence from both teams prior to presentation of the Plan to the Public Works Committee or Planning Commission

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DAC Proposal to the City of Upland for an ADA Self-evaluation and Transition Plan 8 at staff discretion, and City Council and incorporate any final changes as appropriate. These changes shall result in the third (final) draft.

13. DAC can provide the ADA Compliance Team with (5) printed, full-color copies of the final draft ADA Transition Plan, as well as (5) electronic copies on either CD or DVD. DAC can also provide a summary of the project, which will include an overview of the process, the comments received, participation of various stakeholders and end result. This summary will be provided to the City Council and made available to the public.

14. If requested, DAC can present the final draft ADA Transition Plan at a regularly scheduled City Council meeting for discussion and concurrence by the City. It is not required nor recommended that the transition plan be approved or adopted by the City Council. Transition plans are designed to be flexible and adjusted as needed per the City’s annual budget and projects. If the transition plan is adopted, projected dates of completion that are not met may become problematic.

15. DAC will provide the City with an electronic database of items contained in the Facility Survey Report through the online DACTrak Accessibility Management Software. Reports generated in DACTrak may be exported into the City’s preferred Microsoft Excel format, as well as PDF.

Available maps will also be provided in KML and ArcGIS data format (Shapefiles). The DACTrak software will correlate all components of the transition plan including but not limited to compliance and facility reports, transition plan implementation schedules, detailed descriptions and locations of the barriers and at least one photograph of each item. Map file formats for outdoor areas will also be available in both KMZ and Shapefile formats. The information contained in the database will be the property of the City when the ADA Transition Plan compilation is complete. If the City chooses not to use DACTrak, the data will be provided to the City in a mutually agreed format.

Assessments and reports will include a high degree of detail with photographs, code references, and cost estimates. The DACTrak software and reports will include additional specifics, such as as-built dimensions, progress reports, additional prioritizations, preset reporting features and other custom reports. Reports will be delivered in the format requested, and reports will also be available using DACTrak. The inclusion of photographs showing the as-is condition has proven to be valuable assistance to clients in the formulation of the decisions regarding barrier removal priorities. The DACTrak software provides an easy-to-use accessibility management platform that exceeds the ability to manage the plan by hard copies and binders. The assessment report of each facility will include cost estimates to correct deficiencies in accordance with the ADA and Title 24 of the California Building Code.

DAC will provide the City with actual online accessibility management software, not just an electronic database of items contained in the facility survey report. DAC has found that an electronic database does not provide the City with a tool containing integrated photographs needed to implement a barrier removal plan, set priorities, make notes and print custom reports. DACTrak allows users to generate electronic versions of transition plan reports in PDF, Excel, KML and ESRI Shapefile formats.

Reports may be generated site-by-site, or in multiple facility reports that gives the user the capability to choose several sites to be included in one document or one map file.

DAC will provide advisement to the City on prioritizing barrier removal to allow equal access to all City services, and also advise the City on programmatic options that would provide compliant access to services.

Detailed Work Plan and Schedule
In response to Section II.C. of the RFP, DAC is providing a narrative addressing the Scope of Work and demonstrating DAC’s understanding of the City of Upland’s needs and requirements. DAC understands the full scope of this project and can meet the timelines and deliverables requested.

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DAC Proposal to the City of Upland for an ADA Self-evaluation and Transition Plan 9 DAC will provide the following services to complete both Phase I: Self-Evaluation and Phase II:

Transition Plan and provide the following project deliverables:
1) DAC will conduct a self-evaluation and inspection of all relevant public facilities, programs, services, and activities, to include research, field data collection, and data analysis, 2) DAC will collaborate, coordinate and assist to promote and include the involvement of various stakeholders to include elected officials, City staff, disability advocacy groups, and the general public throughout the process,
3) DAC will collaborate and assist the City in the development of an ADA Transition Plan which will identify and prioritize current pedestrian barriers, provide a schedule for barrier removal, as well as establish procedures for addressing future accessibility issues, 4) DAC will provide proven management, monitoring, and tracking tools that will allow staff to manage current and future accessibility issues, update the deficiency status, and generate reports to show progress in meeting the Transition Plan.

DAC understands that the City is asking for the project to be completed by December 31, 2023 months. Based on experience with similar projects and scope, it is estimated that the project completion time will be within six to eight months
Task and Activities Months
1 2 3 4 5 6 7 8
DAC kickoff meeting; survey methodologies, forms,
deliverables and schedule confirmation
Project planning, survey and activity scheduling, procedures review
Surveys of City buildings, parks, facility exterior path of travel and optional apartment complexes
Review of policies and procedures
Draft self-evaluation of services, policies, programs and practices for City review
Public input and community outreach
Transition plan project database and accessibility reports prepared for City
DACTrak software presented to City, logins created training on use of DACTrak
Second draft of self-evaluation deliverables presented
Deliverables completed and provided to the City
Quality Control and Performance
The DAC Team is organized and performs under the leadership of the DAC Project Manager with the assistance of DAC support staff. The DAC project manager coordinates activities with the DAC Director of Administrative Services to schedule project activities and provide progress reports. As the point of contact with the City, the DAC project manager provides input and direction to the DAC Team and communicates with the CASp Inspection Team Leader. The DAC accessibility specialists work directly with the DAC CASp Team Leader.

Information is collected using tablets with our DACTrak data collection software. DACTrak itself is a quality control product as it requires the user to collect the required measurements, thus providing greater consistency and reliability. If the required information is not collected for each accessibility requirement, DACTrak prompts the user and requires the information to be filed in before the user

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DAC Proposal to the City of Upland for an ADA Self-evaluation and Transition Plan 10 conducting the survey can continue. Using this method to compile information is one method DAC uses for quality control. An additional step is the review by the project team leader. The project team leader uses the DACTrak accessibility management system to review the data collection from each DAC inspection team on a daily basis.

Strengths of the team include experience in working together on many similar projects, knowledge of the ADA, Section 504 of the Rehabilitation Act and related codes and standards. Several of our team members provide training for city and county governments. DAC has a long standing and proven track record of on-time (frequently ahead of schedule) performance and completing contracted services under budget.

City Staff Training - Optional
Although not expressly defined in the RFP, if requested, DAC can provide a variety of training opportunities for City staff throughout the project.

If requested and as an option of this proposal, DAC will collaborate with the City to determine the designation along with the notice and posting of a City ADA Coordinator. Also, DAC would assist and support in the identification of City department ADA liaisons to serve as an on-going working group to support the City and the ADA Coordinator.

As part of this option, ADA training of City staff is one of the most productive methods to implement a successful plan. DAC has provided numerous training courses to all different departments with Title II entities and Risk Management Pools (JPA’s). DAC can provide training on topics such as:
• ADA Roles and Responsibilities
• ADA Executive Staff Training
• ADA Coordinator Training
• ADA Implementation Strategies and Methods
• Applicable government code, statutes and regulations
• Performing field investigations and inspections
• Preparation of ADA Compliance Assessment Reports
• Monitoring and updating the ADA Self‐Evaluation and Transition Plan • Using and maintaining the database and/or project map (see Section II); and • Internal procedures for granting exemptions for City projects.

4. Qualifications and Relevant Experience
Disability Access Consultants, LLC is a California single member Limited Liability Company. The company does not have any financial or legal conditions that would impede DAC’s ability to provide the proposed services to the City of Upland. DAC has not had any other trade names for the firm in the last five years.

DAC was originally established and founded by Barbara Thorpe in 1998 and organized as its current firm type in 2011. Over the past 5 years, DAC has kept a consistent staff size between 22 to 25 full- time employees at any time. All staff that hold key and essential positions as described in the organizational chart have been employees of DAC for a minimum of eleven years. Due to our in- house capabilities, DAC does not have a need to subcontract with other companies or individuals.

Founded as a woman owned California corporation in 1998, DAC has provided services for the past 25 years to assist public entities to comply and implement accessibility requirements in accordance with the ADA, Title 24 of the California Building Code, California Manual on Uniform Traffic Control Devices (CAMUTCD), Public Right-of-Way Accessibility Guidelines (PROWAG), Caltrans Standards

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DAC Proposal to the City of Upland for an ADA Self-evaluation and Transition Plan 11 and Specifications, Section 504 and related federal, state and local disability-related nondiscrimination laws and regulation. DAC has extensive experience in the evaluation of program and facility accessibility and provides a full continuum of Americans with Disabilities Act (ADA) and accessibility services for public entities, such as the City of Upland. DAC has conducted over 28,000 building inspections, surveyed thousands of parks and playgrounds and performed hundreds of programmatic reviews and self-evaluations to study the accessibility of programs, services, activities, events and related areas. DAC has surveyed over 30,000 miles of public rights-of-way.

As our founder, Barbara Thorpe, worked with a public entity for 19 years as the ADA Coordinator, 504 Coordinator, and Director of Planning and Compliance, she has extensive experience working with individuals with disabilities and organizations representing individuals with disabilities. In addition, she has collaborated with individuals with disabilities and organizations that represent individuals with disabilities in a facilitative manner that has benefited city and town governments during her work with other municipalities. Barbara and the DAC team members have demonstrated the ability to engage and interact with individuals and organizations to assist with the prioritization, long range planning and implementation of the ADA plan.

DAC has a team of 25 staff, with our Senior Director of Accessibility Services and Field Team Leader, Michael Boga holding CASp Certificate #152, dedicated to assisting public entities, such as the City of Upland, with ADA compliance. DAC has a comprehensive understanding of applicable standards, regulations and requirements under Title II of the ADA, California Building Code and related state accessibility standards.

DAC has a reputation for being responsive to the client’s needs, providing on-time project completion within budgets. DAC has a proven track record for comprehensive experience in
conducting ADA self-evaluations and transition plans,
implementation and related services.

DAC has been assisting several Joint Power Authorities since 2000 and currently provides updates, consultation, plan reviews and expert witness services.

DAC has worked with public entities of all sizes, from one site to 506 sites. Members of the DAC team have also served as expert witnesses to assist public entities to defend their current practices and ADA plan. DAC has only served on the side to assist public entities to defend their practices and plan and has never assisted with litigation against a public entity. Our mission statement and philosophy embrace the enhancement and assistance to our clients to build an ADA accessibility plan while documenting previous and current compliance methods.

Over the 25 years of serving our clients, DAC has demonstrated financial stability, staff stability and has a no claims insurance record.

DAC provides a full continuum of professional services that include, but are not limited to:
• Facility inspections
• Self-evaluations for ADA and Section 504 of the Rehabilitation Act • Policy review and development
• Transition plans
• Public rights-of-way surveys
• Consultation
• Accessibility compliance intake and management software – DACTrak • DACTrak training to conduct your own inspections

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DAC Proposal to the City of Upland for an ADA Self-evaluation and Transition Plan 12 • Expert witness services
• Plan reviews
• ADA Plan implementation assistance and consultation
• Outdoor developed and recreational areas (pools, parks, trails, camping areas) • NPSI playground safety inspections
• ADA Playground inspections
DAC utilizes the appropriate standard(s) for the inspection that may include, but is not limited to:
• ADA 2010 Standards
• California Building Code
• ADA-ABA
• UFAS
• ANSI
• Section 504 of the Rehabilitation Act
• Outdoor developed and recreational standards
• National Playground Safety Institute (NPSI)
standards
• PROWAG – Federal Public Rights-of-way Guidelines
• California Manual on Uniform Traffic Control
Devices (CAMUTCD)
DAC has provided training and consultation to hundreds of public entities and is also the selected consultant of the Plan JPA and California Joint Powers Insurance Authority (CJPIA) to provide regular training sessions to their members. In addition to the JPA members, DAC has provided customized individual training regarding ADA requirements for facilities, public right-of-way, policies, special events, grievances and other related Title II topics to many of our public entity clients.

Subcontractors
DAC does not use subcontractors. All staff proposed to provide services to the City of Upland are direct employees of DAC, there will be no outside consultants or associates employed to assist on this project. As all staff are direct employees, DAC is able organize team resources that will allow DAC to commit to providing the City with the project deliverables. As such, DAC has the in-house capability to deliver the project in a comprehensive, timely and cost-effective manner.

DACTrak Overview
To provide for easy management of the transition plan and documentation of compliance efforts, DAC has developed online software called DACTrak. DACTrak is a powerful tool to manage and update the accessibility plan, project costs and document progress. Custom reports can be easily prepared, printed and saved in a variety of formats.

DAC includes the following value-added items through use of the DACTrak software:
• Noncompliant findings and recommendations are included in the DACTrak software • One or more photographs of each noncompliant finding are included • Additional photographs can be viewed of the noncompliant items • DACTrak provides a method to schedule and track the barrier removal • Documentation of progress and compliance using the progress reporting feature of DACTrak • Priorities can be established and further refined using DACTrak DACTrak provides an organized input method that captures all the information gathered from the site inspections with photographs for each noncompliant finding. In essence, all of the field information is captured in an online software package and provides for “green” data collection and

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DAC Proposal to the City of Upland for an ADA Self-evaluation and Transition Plan 13 avoids paper and pencil checklists and unorganized photographs. DACTrak can also be used on a tablet pc to add new facilities and update compliance assessments and transition plans. DAC has also found that having usable “software” and not just a database is very important to be able to easily manage and update the transition plan long term.

Our extensive experience with clients needing to have an easy to manage and update plan was the catalyst for DAC to develop our DACTrak software for use by our clients. Thus, other critical issues include:
• Software to update and manage your transition plan
• Document progress and barrier removal
• Print custom reports
• Update the plan “automatically” when codes change without re-inspecting • Forecast project costs
• Add or delete facilities
DAC’s collection of actual measurements of as-is conditions and GIS information for public rights-of- way is another value-added item. The collection of an as-is condition is a valuable asset to allow the user to make an informed decision based on an actual measurement. For example, if a “yes” or “no” approach is utilized to indicate if an item is compliant, the user may not know what the actual level of noncompliance is and would not be able to set a priority or severity rating. If codes change, the information collected can be reprocessed without the need to re-inspect, thus providing longevity of the plan and internal capacity of the City in a cost-effective manner.

Prior Projects
As mentioned, DAC has an extensive and successful history of providing quality and defensible Americans with Disabilities Act self-evaluation and transition plans to over 400 clients nationwide.

Please see the following map of DAC City clients that are in close proximity to the City of Upland along with a list of recent references in the Consultant Experience section of this proposal.

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DAC Proposal to the City of Upland for an ADA Self-evaluation and Transition Plan 14

5. Project Team
DAC has a dedicated team of 25 professionals with backgrounds in administrative leadership roles with public entities, construction and code enforcement. DAC is an equal opportunity employer and our team composition includes minority and veteran representation. The DAC team for this project has over 100 years of combined experience working together on similar projects. DAC’s team has worked together on numerous ADA compliance projects with City, County and Town governments and public entities. Also, DAC currently is the contracted and preferred consultant with several large Joint Powers Associations (JPA) and insurance pools to assist public entities with ADA compliance.

The DAC team has a proven record of providing on-site services in a collaborative and efficient manner. DAC has experienced team members who have worked with public entities for successful and on time completion of numerous projects. Necessary staff members have ICC, NPSI, and CASp certification. A CASp certified Team Leader will oversee the field evaluations and review the collected data. The project team is organized to provide a representation of skills needed to accomplish the project objectives. In addition, teams that have worked together previously will be assigned to the City of Upland project. Key personnel resumes for this project are included in the appendices. Key staff members will be available for the duration of this project and will not be removed or replaced without prior written concurrence with the City.

Organizational Chart

Barbara Thorpe, M.Ed., LOT
DAC President and Project Manager
As DAC Project Manager, Barbara will coordinate activities and schedules and report to the City’s Project Manager or designee. Barbara will serve in the leadership role regarding the ADA self- evaluation of programs, services, activities and events along with the review of policies and procedures. Barbara brings 19 years of experience in public entity administration prior to founding DAC in 1998. With an additional 25 years of experience with DAC working with city, town and county City of Upland
City Contacts
Srikant Talasila
Director of IT
Michael Boga
CASp-152, ICC
Senior Director of Accessibility Services
Candice Pursch, ICC
Director of Accessibility Services
Field Inspectors (4-6)
Jennie Grover
Director of
Administrative Services
Barbara Thorpe
Project Manager
Tim Mahoney
General Manager

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DAC Proposal to the City of Upland for an ADA Self-evaluation and Transition Plan 15 governments nationally, Barbara provides unparalleled understanding of the application of the Americans with Disabilities Act and related legislation for accessibility compliance. In addition to assisting public entities with compliance with the ADA, Barbara has conducted compliance reviews for the California Department of Transportation (Caltrans) and the Department of the Interior to audit for compliance with the ADA, Section 504 of the Rehabilitation Act and related civil rights laws and regulations. Barbara has served as an expert witness for the Department of Justice, Office of the Attorney General. Additionally, Barbara is a licensed occupational therapist. Barbara served on the Division of State Architect Advisory Board and served as the vice-chair for the DSA Access Compliance Committee. Barbara has successfully spearheaded and completed over 400 public entity self-evaluation and transition plan projects that are similar the City of Upland project.

Michael Boga, B.A. Education, California Certified Access Specialist (CASp #152), ICC Accessibility, Usability and Plans Examiner
Senior Director of Accessibility Services and Quality Control As manager of the production and the field survey teams, Michael brings a unique blend of experience in the building industry along with his understanding of individuals with disabilities to the accessibility team. Michael is a certified accessibility specialist through the International Conference of Building Officials (ICC), certified in Accessibility, Usability and Plans examination and is a California Certified CASp inspector (# 152). Michael has completed the updated DSA courses regarding the California Building Code. Michael has provided numerous staff development sessions to public entities regarding accessibility requirements for facilities, parks and public rights-of-way. If requested, Michael would provide training, assist with plan reviews and review new construction and renovations completed for compliance. Michael has worked on over 400 projects that are similar to the City of Upland ADA Self-evaluation and Transition Plan project.

Tim Mahoney, B.S.

General Manager
Tim brings twenty-eight years of executive management experience in consulting, IT, manufacturing and the construction industries. Additionally, Tim has provided program development and management for members of professional associations for twenty years. Tim has also assisted in the design and construction of hundreds of ADA, CPSC and ASTM compliant outdoor recreation areas.

As General Manager of DAC, Tim conducts quality assurance project management reviews and helps ensure contract fulfillment. Tim also provides ADA and Section 504 compliance consultation services for public entities, and staff training and development activities for public entities, businesses, and associations. Tim has worked for DAC for 12 years.

Candice Pursch, A.S. Building Inspection Technology, ICC Accessibility, Usability and Plans Examiner, Accessibility Trainer
Director of Accessibility Services
Candice’s 18 years of experience with DAC includes accessibility surveys of thousands of public facilities while employed by DAC as an accessibility specialist. Her educational background includes a degree in Building Inspection Technology from Butte College and coursework in Architectural Project Management at California State University with emphasis on construction plans and specifications, construction materials and systems, building codes, construction graphics and architectural design. Candice has completed the updated DSA courses regarding the California Building Code that include CBC Amendments, Plan Review, Accessible Public Housing Regulations, Transient Lodging, Housing and Social Service Enter Establishments. Candice also has International Code Council (ICC) Certification for Accessibility, Usability and Plans Examiner. Candice is a Certified Combination Building Inspector. Candice provides oversight of accessibility specialists and quality control.

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DAC Proposal to the City of Upland for an ADA Self-evaluation and Transition Plan 16 Srikant Talasila, M.S. Computer and Internet Applications Director, Information Technology
Srikant has worked in DAC’s IT Department for the past 16 years and has a total of 20 years in the field of Information Technology, holding a master’s degree in Computer Science. Srikant is very proficient in numerous software technologies, including but not limited to all modules of .Net, Java, SQL Server and Oracle. Srikant oversees DAC’s entire IT department, including infrastructure and applications, as well as managing and overseeing all stages of the development lifecycle for new software. In addition to maintaining existing software, Srikant also ensures that all necessary software updates and version enhancements are completed. Srikant also oversees the maintenance of all hardware and verifies that all reported IT related issues are resolved quickly and efficiently.

Jennie Grover, B.A. Corporate Communications
Director of Administrative Services
Jennie has worked in administration for DAC for the past 16 years. Jennie draws on her experience in technical writing to provide leadership and management of the production and technical writing team, organizing the completion of technical reports, as well as managing production schedules, staff and timelines. Jennie also organizes the process and procedure for providing opportunities for public input, as well as collecting and compiling the information received into these self-evaluation and transition plan. Jennie also provides training and help desk support for DACTrak users.

6. Consultant Experience and Reference
The following are a few recently completed references for scopes of work similar to the City of Upland that include city and county governments. Numerous other references are available. All DAC staff proposed to provide services to the City of Upland have worked on all projects listed in their assigned roles.

DAC does not use subcontractors for its projects. All staff working on this project are DAC full-time employees.

City of Manhattan Beach
Tim Birthisel, Sr. Civil Engineer
1400 Highland Avenue
Manhattan Beach, CA 90266
Phone: (310) 802-5368
Email: [email protected]
Project Description DAC performed a
phased ADA self-evaluation and transition
plan for City facilities, parks and public
right-of-way, as well as a review of policies,
procedures, programs and services. DAC
provided a review of the City’s website for
accessibility and assisted the City to
complete an opportunity for public input.

DAC is currently providing on-call
compliance consulting. The City is using
DACTrak online accessibility management
software to implement the City’s transition
plan.

Project Start Date: September 2018 Project End Date: current, on-going consultation

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DAC Proposal to the City of Upland for an ADA Self-evaluation and Transition Plan 17 City of Fullerton
Jose Medina, Associate Engineer I Public Works
Project Design & Construction Division
303 W Commonwealth Ave
Fullerton CA 92832
(Phone) 714-738- 6863
Email: [email protected]
DAC is performing a phased ADA self-evaluation and transition plan for City facilities, parks and public right-of-way, as well as a review of policies, procedures, programs and services. DAC provided a review of the City’s website for accessibility and assisted the City to complete an opportunity for public input. The City is using DACTrak online accessibility management software to implement the City’s transition plan. DAC also assisting City with a Department of Justice (DOJ) Audit.

Project Start Date: October 2019 Project End Date: current, on-going consultation City of San Juan Capistrano
Sam Penrod, HR and Risk Manager
32400 Paseo Adelanto
San Juan Capistrano, CA 92576
Phone: (949) 234-4565
Email: [email protected]
DAC performed a phased ADA self-evaluation and
transition plan for City buildings, facilities and parks, as well as a review of policies, programs, services and
procedures. DAC provided assistance with the opportunity for public input and consultation for Caltrans audit
response. DAC continues to provide ongoing consultation regarding litigation, expert witness services and
accessibility plan reviews.

Project Start Date: August 2018 Project End Date: May 2021, on-going consultation City of Fountain Valley
Temo Galvez, Deputy Director
Public Works/City Engineer
10200 Slater Avenue
Fountain Valley CA 92708
Phone: (714) 593-4433
[email protected]
Project name: ADA Self-evaluation and Transition Plan and contract for Multi-year accessibility consulting
• DAC conducted an ADA self-evaluation and transition plan for City buildings, facilities, and parks • DAC trained City staff to collect field data for public rights-of-way using the DACTrak intake software
• DAC is assisting the City with consultation regarding accessibility and compliance • DAC assisted the City to conduct an opportunity for public input and also conducted a self- evaluation of services, policies, programs and practices.

Start Date: 2009 Completion Date: On-going consultation and plan review

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DAC Proposal to the City of Upland for an ADA Self-evaluation and Transition Plan 18 City of Livermore
Julie Chiu, Community Development, Engineering Division 1052 S Livermore Avenue
Livermore, CA 94550
Phone: (408) 500-5479
Project name: ADA Self-Evaluation and Transition Plan
• DAC completed an ADA self-evaluation and transition
plan for City buildings, parks and 620 linear miles of
public rights-of-way.
• DAC assisted the City to complete their public input
process
• DAC conducted the ADA self-evaluation of programs,
services and activities to determine if any may be
considered discriminatory for individuals with disabilities and has provide the City with an Executive Summary detailing the results and recommendations. • The City is currently using DACTrak to implement their transition plan.

Start Date: July 2020 Completion Date: Current project
City of Carlsbad
Ed Garbo, Risk Manager
1635 Faraday Avenue
Carlsbad, CA 92008
Phone: (760) 602-2471
[email protected]
Project name: ADA Self-Evaluation and Transition Plan
• DAC conducted an ADA self-evaluation and transition plan for City buildings, facilities, and parks. • DAC has also assisted the City to successfully prepare and respond to a Caltrans audit. • DAC also assisted the City to perform a self-evaluation of services, policies, programs and practices.
• DAC is providing ongoing, as needed additional consultation such as plans review. • The City is currently using DACTrak to implement their transition plan.

Project completion: 2017 Status: On-going consultation

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DAC Proposal to the City of Upland for an ADA Self-evaluation and Transition Plan 19 Supplemental Materials
Sample DACTrak Screen Shots and Information
In addition to the photographs included with our references, we are also providing additional sample screen shots generated from the DACTrak Accessibility Management online software program prepared for several public entity clients.

Upon logging in to
the secure
DACTrak website,
you are able to
choose the facility
you would like to
view and manage.

This screen shot is
an example of a
facility list for a
recent public entity
transition plan
project.

After choosing a
facility, you are
able to use
Reports drop
down menu to
choose which
report style to
view. You may
also choose to
view multiple
facilities in one
report.

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DAC Proposal to the City of Upland for an ADA Self-evaluation and Transition Plan 20

Multi Facility Excel Report Options
Excel reports may also be generated to contain findings for more than one facility by using the Multi Facility Report option in DACTrak. This report is able to be customized using the available filter fields. If the user requires a small file size for storage or emailing, the option is available to exclude photos in the generated report.

The Single Finding and Dual Finding Photo Reports may be exported to an Excel workbook for easy management of the transition plan data. The Excel workbook exports into a pre-formatted table with the filter function atop each data column. The report is a fully functioning Excel spreadsheet that may be sorted, filtered and manipulated by the user. The column for Picture identification numbers includes cells that are live links to the second tab of the workbook which contains report photos. Clicking the cell for a particular report finding will bring up the associated picture on the Photos tab.

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DAC Proposal to the City of Upland for an ADA Self-evaluation and Transition Plan Appendix Appendix – Resumes
BARBARA THORPE, DAC Project Manager
Americans with Disabilities Act, Section 504 and Related Experience ▪ President of Disability Access Consultants, LLC, a woman founded small business with an extensive history of accessibility compliance consulting since 1998 ▪ Conducted hundreds of Americans with Disabilities Act Self-evaluations for public entities, City and County governments, school districts, colleges, universities and outdoor developed areas
▪ Provided consultation regarding access to programs, services and activities to public entities and businesses
▪ Conducts quality control audits of projects for compliance with the ADA and Section 504 of the Rehabilitation Act including public rights-of-way, facilities and outdoor developed areas ▪ Assisted with the development of thousands of transition/barrier removal plans for public entities regarding facilities and public rights-of-way
▪ Performed compliance audits for the Department of the Interior ▪ Served as an expert witness for the Department of Justice, public entities and other businesses
▪ Served on advisory boards for disability issues for public entities ▪ Provided consultation to numerous state and local government entities and the federal government regarding ADA and Section 504 compliance
▪ Assisted with ADA implementation plans and consent decrees for public entities ▪ Provided staff development activities for public entities, businesses and associations Professional Experience
▪ Occupational Therapist
▪ Teacher for special needs and persons with disabilities ▪ Program Staffing Specialist
▪ Administrator for Special Services
▪ Director of Special Education and Student Services
▪ Director of Planning and Compliance
▪ ADA Coordinator, 504 Coordinator and Equity Officer
▪ Accessibility Consultant
Education
Colorado State University, Bachelors of Science - Occupational Therapy University of South Florida, Master’s Degree – Administration and Supervision, Educational Leadership
Presentations and Training Sessions
• Indiana Parks and Recreation Association – Annual Conference • Public Entity Risk Management Authority
• City of San Clemente
• Minnesota School Board Association
• California School Board Association
• Association of Defense Counsel of Northern California and Nevada • Public Agencies Risk Managers Association
• School and College Legal Services
• Council of Public Entity Attorneys
• California Defense Counsel
• McNeese State University, Louisiana
• Louisiana Association of Physical Plant Administrators

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DAC Proposal to the City of Upland for an ADA Self-evaluation and Transition Plan Appendix • California Council of School Attorneys
• San Diego County Office of Education JPA
• Tuolumne JPA
• San Mateo County Risk Management Group
• North Bay School Insurance Authority
• California Association for School Housing
• California Association of School Business Officials
• Joint Powers Authorities
• California School Board Association
• School Insurance Authority
• California Risk Management Authority
• Alameda County Facility Planners
• Rental Housing Association
• Western Fairs Association
• Contra Costa County Office of Education
• California Joint Power Insurance Authority
• South Orange County Community College District
Publications
• ADA Changes: Get a Head Start on Pending Accessibility Guidelines: September 2001- Maintenance Solutions Magazine
• A Gameplan for Access: Strategies and Tactics to help managers develop a successful barrier removal plan for public facilities: March 2003 – Maintenance Solutions Magazine • Accessible Toilet Rooms: June 2006 –American Schools & Health Facilities Publication Boards
• Served on the California Division of the State Architect State Advisory Board • Served as the vice chairperson for the California Division of the State Architect Access Compliance Advisory Committee
• Served on the California Division of State Architect Education and Training Committee Other Activities
• Currently appointed by the Office of the Independent Monitor regarding Chandra Smith vs.

Los Angeles Unified School District Modified Consent Decree • Currently appointed as a neutral monitor regarding implementation of a consent decree for a public entity
• Currently assisting with the resolution of an ADA complaints for several City and County Governments
• Currently assisting a public entity to resolve a complaint by the US Department of Justice

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DAC Proposal to the City of Upland for an ADA Self-evaluation and Transition Plan Appendix

MICHAEL BOGA
DAC Senior Director of Accessibility Services and Head of Quality Control Americans with Disabilities Act and Related Experience
• Inspected over two thousand facilities for compliance with federal and state accessibility standards
• Assisted with the development and implementation of transition/barrier removal plans • Provided consultation regarding Title II and Title III accessibility requirements • Performed compliance audits for federal agencies
• Provided accessibility training activities for public entities and businesses • Served as an expert witness for Title II and Title III • Provided numerous training sessions and seminars regarding the requirements of state and federal accessibility standards for Title II and Title III Professional Experience
• Contractor
• Work Training Program Coordinator
• Special Education Teacher
• Accessibility Inspector (1998 to Present)
Certifications and Training
• Certified Accessibility Specialist (Certificate No. CASp-152) • Certified International Council (ICC)
Accessibility/Usability/Plans Examiner (No. 1108082-21) • Certified National Playground Safety Inspector (NPSI Certificate No. 19394-0215) • Division of State Architect Academy-Accessibility/Plan Review/Fair Housing • Division of the State Architect Academy – 2010 CBC Amendments – Accessibility • Division of the State Architect Academy – 2013 CBC Amendments – Accessibility • Division of the State Architect Academy – Plan Review – Access (2013 CBC) • Division of the State Architect Academy – Accessible Public Housing Regulations • Division of the State Architect Academy – Transient Lodging, Housing at a Place of Education and Social Service Center Establishments
• Texas Department of Licensing and Regulation Compliance Division - Texas Accessibility Academy
• Texas Department of Licensing and Regulation Compliance Division – Elimination of Architectural Barriers in the Public Right-of-way
Education
St. Leo College, Bachelor of Science –Education
Publications
Articles for Maintenance Solutions Magazine
“Opportunities for Access”, March 2004
“Clearing a Path for Access”, February 2005
Presentations and Training
Educational Entities and Organizations
• Alliance of Schools for Cooperative Insurance Programs • Schools Insurance Group
• Schools Insurance Authority
• Tri County Schools Insurance Group
• California School Board Association
• San Diego County Office of Education JPA

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DAC Proposal to the City of Upland for an ADA Self-evaluation and Transition Plan Appendix • California Council of School Attorneys
• Indiana Parks and Recreation Annual Conference
• Tuolumne County Joint Powers Authority
• California Association of School Housing
• California Association of School Business Officials
• School and College Legal Services
Public Entities and Organizations
• Public Risk Managers Association
• Council of Public Entity Attorneys
• California Building Authority
• California Joint Powers insurance Authority
Private and Professional Organizations
• Southern California AIA
• Oroville Chamber of Commerce
• Rental Housing Authority
• Western Fairs Association of Defense Counsel of Northern California and Nevada • California Defense Counsel
• Independent Living of Northern California
Other Activities
• Currently appointed by the Office of the Independent Monitor regarding Chandra Smith vs.

Los Angeles Unified School District Modified Consent Decree • Currently appointed as a neutral monitor regarding implementation of a consent decree for a public entity
• Currently assisting a public entity with resolution of an ADA complaint • Currently assisting a public entity to resolve a complaint by the US Department of Justice

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X%F Irlft
JFOl*

STAFF REPORT
ITEM NO. 13.A.

DATE: July 26, 2021
TO: MAYOR AND CITY COUNCIL
FROM: STEPHEN PARKER, ACTING CITY MANAGER
PREPARED BY: BRADEN YU, PUBLIC WORKS DIRECTOR
SUBJECT: AUTHORIZE AMERICAN RESCUE PLAN ACT (ARPA) FUNDS FOR

VARIOUS MASTER PLAN PROJECTS

RECOMMENDED ACTION
It is recommended that the City Council approve the proposed list of master plan projects, direct staff to initiate the request for proposal process for these projects, and authorize the appropriation of $805,000 from American Rescue Plan Act fund balance.

GOAL STATEMENT
The proposed action supports the City's goal to provide sound fiscal stewardship for the City of Upland.

BACKGROUND
On March 11, 2021, the American Rescue Plan Act ("ARPA") was signed into law by the President. Section 9901 of ARPA amended Title VI of the Social Security Act to establish the Coronavirus State Fiscal Recovery Fund and Coronavirus Local Fiscal Recovery Funds, which together make up the Coronavirus State and Local Fiscal Recovery Funds ("SLFRF") program.

The $1.9 trillion SLFRF program, administered by the U.S. Department of the Treasury, is intended to provide support to State, local, and Tribal governments in responding to the impact of COVID-19 and in their efforts to contain COVID-19 on their communities, residents, and businesses. The SLFRF program funds build on and expand the economic support provided by the State and federal government over the last year, including through the Coronavirus Aid, Relief, and Economic Security Act ("CARES" Act) Coronavirus Relief Fund ("CRF").

Page 1 of 4 ends

On June 28, 2021, the City Council authorized the Acting City Manager to accept 15,213,716 of American Rescue Plan Act Coronavirus State and Local Fiscal Recovery Funds from the U.S. Department of the Treasury.

ISSUES/ANALYSIS
As a recipient of SLFRF program funds, the City of Upland received $7,606,858 on June 17, 2021, and we expect to receive an equal amount "approximately 12 months later." The ARPA stipulates that SLFRF funds must be encumbered by December 31, 2024 and be expended by December 31, 2026.

While the City has substantial discretion to use the funds in the ways that best suit the needs of its constituents, the funds shall only be used in one of the following four statutory categories:

1. To respond to the COVID-19 public health emergency or its negative economic impacts;

2. To respond to workers performing essential work during the COVID-19 public health emergency by providing premium pay to such eligible workers of the recipient, or by providing grants to eligible employers that have eligible workers who performed essential work;

3. For the provision of government services, to the extent of the reduction in revenue of such recipient due to the COVID-19 public health emergency, relative to revenues collected in the most recent full fiscal year of the recipient prior to the emergency; and

4. To make necessary investments in water, sewer, or broadband infrastructure.

To calculate the provision of government services amount (#3), Staff completed the ARPA Revenue Loss Calculator worksheet created for the League of California Cities by Michael Coleman. The completed worksheet identifies a revenue loss of $6,095,264 that the City is able to apply towards the statuatory category #3 above in the current fiscal year. Funds spent in this category have to provide a public benefit.

Staff is recommending that the City Council approve the following proposed list of master plans that will provide an inventory of current conditions; identify future improvement projects; estimate project costs/budgets; and prioritize projects for the future. If authorized by City Council, Staff would proceed with each of the proposed master plans by issuing a Request For Proposal to identify the best vendor for each master plan.

PAVEMENT MANAGEMENT SYSTEM REPORT AND PAVEMENT MASTER PLAN The Highway Performance Monitoring System (HPMS) is a federally mandated planning study designed by the Federal Highway Administration (FHWA) and implemented as a continuing information system that includes data collection, analysis, and analytical modeling, which is based on the 2017 California Public Road Data by the State of California Department of Transportation, Division of Transportation System Information. On the local level, cities also put in place methodologies to prioritize roadway maintenance needs through the use of a Pavement Management System (PMS).

The Purpose of a Pavement Master Plan is to outline consistent and efficient implementation of annual pavement projects based on pavement degradation analysis from PMS Report and to move forward with a systemic program of preservation, repair and improvement of the local, collector and arterial streets in the City. There will be three components to each annual street maintenance program, which consists of the following:

Improvements on prioritized arterial streets (roadway overlay, ADA ramps, curb and gutter repairs and median island upgrades)
Improvements on prioritized areas (local street slurry seals and cape seals)

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Miscellaneous repairs (slurry seals, miscellaneous roadway and concrete repairs on an as -needed basis)
Estimated cost ($200,000)

SIDEWALK INVENTORY AND REPAIR MASTER PLAN
It is the City's goal to perform a complete citywide inventory and assessment of the City sidewalk network resulting in a web -based GIS application database of the City's sidewalk network. This will identify the location and conditions of sidewalks, identify non -compliant ADA ramps and provide capabilities to process and analyze the recorded data and actively manage, track and update ongoing sidewalk and curb ramp maintenance programs and conditions. The scope of work will include the following:

Establish a computer -based data collection system to collect continuous sidewalk and curb ramp service data
Perform data collection for sidewalk and curb ramp inventory Provide Quality Assurance and Quality Control for the data collected Perform Analysis and Prepare a Report of the current and long-term sidewalk management goals and develop best sidewalk management strategies and practices Estimated cost ($180,000)

PUBLIC FACILITIES ADA MASTER PLAN
The Americans with Disabilities Act (ADA) protects individuals from discrimination on the basis of disability. Part of the Act also requires local governments to make their facilities, programs and services accessible to persons with disabilities. To ensure that, public entities are required to complete an evaluation, along with receiving input from the public, to determine whether they are in compliance with ADA standards and regulations. The City of Upland intends to prepare a Public Facilities ADA Transition Plan which will include steps needed to reach ADA compliance over the next 25 years.

The scope of work will include the following:

Inventory of existing City Building/Facilities ADA compliance Development of Projects Scope, Schedule and Cost Estimate for ADA compliance Prioritize Projects
Identify Grant Funding Opportunities
Estimated cost ($250,000)

TRAFFIC SIGNAL ASSESSMENT AND MASTER PLAN
Upland's existing traffic management system is based on outdated technology, twisted pair copper communications, and signal controllers that lack desired modern functionality with an ability to use, communicate, and integrate with traffic management tools. The existing traffic control equipment, central office traffic management software, and communication system will not support a modern traffic management system. The City intends to develop an inventory and assessment of the traffic signal system network and based on the assessment, to develop a master plan of improvements.

The scope of work will include the following:

Assessment of existing traffic signal and communication equipment.

Perform Analysis and Prepare a Report defining options available and associated costs for improvements to the traffic signal operations and management systems Identify and prioritize project improvements
Estimated cost ($175,000)

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FISCAL IMPACTS
The recommended action includes a request for an appropriation of $805,000 from ARPA fund balance. The following projects will be budgeted in account 229-5201-5252:

Pavement Management System Report and Master Plan $200,000 Sidewalk Inventory and Repair Master Plan $180,000
Public Facilities ADA Master Plan $250,000
Traffic Signal Assessment and Master Plan $175,000
TOTA L $805,000

ALTERNATIVES
Provide alternative direction to staff.

ATTACHMENTS:

No Attachments Available

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DATE: June 26, 2023
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: ROBERT DALQUEST, DEVELOPMENT SERVICES DIRECTOR

DIANE COTTO, HOUSING MANAGER
SUBJECT: CONSIDER APPROVAL OF A CONSTRUCTION CONTRACT WITH LABASTIDA CONSTRUCTION TO REHABILITATE 663, UNIT 4, DIAMOND COURT

RECOMMENDED ACTION:

It is recommended that the City Council approve a construction contract with Labastida Construction to rehabilitate a City-owned housing unit within the Magnolia Colony complex that was damaged in a fire, and authorize the City Manager to execute the Agreement.

GOAL STATEMENT
The proposed action supports the City’s goal to promote the repair, improvement, and rehabilitation of single-family and multiple-family housing to enhance the quality of life and improve and maintain property values.

BACKGROUND
On March 4, 2023, the Fire Department was called out to a city-owned housing unit in Magnolia Colony to put out a house fire. As a result of the fire, the three-bedroom, two-bathroom housing unit was deemed uninhabitable by the City’s Building Official. In the interim, City staff (Housing and Building Divisions) and RPM (City’s property management company) have been working with the City’s insurance provider to secure the site, protect the health and safety of the nearby residents and ready the unit for rehabilitation.

ISSUES AND ANALYSIS
On May 17, 2023, a Request for Proposals (RFP) was sent to eleven (11) residential construction contractors to obtain proposals and cost estimates to rehabilitate the city-owned, fire damaged, affordable housing unit. The RFP was posted on the City’s website and published in a newspaper of general circulation for a period of 10 days before the due date of the application.

A total of two (2) bids were received. The lowest, responsible, and responsive bidder was Labastida Construction at one hundred one thousand eight hundred twenty dollars and no/100 cents ($101,820.00). Labastida is licensed, insured, in good standing, and familiar with working with the City of Upland ’s Building Division and permit process on several properties in the City.

ENVIRONMENTAL DETERMINATION
Under the California Environmental Quality Act (CEQA) Guidelines, Section 15301(d) – Existing facilities, the restoration or rehabilitation of deteriorated or damaged structures is categorically exempt from the CEQA.

FISCAL IMPACTS
No General Fund expenses are anticipated to be expended to rehabilitate the fire damaged housing unit; funding will be covered by an insurance claim filed with Traveler’s Insurance Company, who is the City’s insurance company.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Not a Project.

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CITY OF UPLAND

CONSTRUCTION CONTRACT

RESIDENTIAL CONSTRUCTIONS SERVICES AT
663 DIAMOND COURT, UNIT 4, UPLAND, CA 91786

1. PARTIES AND DATE.

This Contract is made and entered into this 26th day of June 2023 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 Labastida Construction, a sole proprietorship with its principal place of business at 31244 Tarryton Court, Yucaipa, California, 92399 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.

2. RECITALS.

2.1 City. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing housing rehabilitation services related construction 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 it is familiar with the plans of City. The following license classifications are required for this Project: Classification B - General Building.

2.3 Project. City desires to engage Contractor to render such services for the RESIDENTIAL CONSTRUCTION SERVICES FOR 663 DIAMOND COURT, UNIT C, UPLAND, CA (“Project”) as set forth in this Contract.

2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, the Payment Bond, Performance Bond, proof of insurance listing the City of Upland as additionally insured and Tax Identification Form W-9 as required by the Contract.

3. TERMS

3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
• Services/Notice Inviting Bids and Contractors Bid (Exhibit “A”) • Schedule (Exhibit “B”)
• Special Conditions (Exhibit “C”)
• Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”) • Public Works Contractor Registration Certification (Exhibit “E”) • Payment and Performance Bond (Exhibit “F”)

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2 3.1.1 Precedence. To the extent there is a conflict between any portions of this Contract, the order of precedence shall be as follows: change orders, special conditions, technical specifications, plans/construction drawings, general contract terms, scope of work, standard plans, advertisements for bid/proposals, bids/proposals or other documents submitted by Contractor.

3.2 Contractor’s Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference.

3.2.1 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in advance and in writing by a valid change order executed by the City.

3.2.1.1 Change Orders. Changes to the Contract Time (as defined in Section 3.3) or Total Contract Price shall be in the form of a written Change Order, either signed by both parties or issued unilaterally by the City. No adjustment shall be made to the Contract Time unless the delay impacts the critical path to completion and the delay was not caused in whole or in part by the Contractor. Failure to timely request a Change Order shall constitute a waiver of any right to adjust the Contract Time or the Total Contract Price. All requests for Change Orders shall be accompanied by detailed supporting documentation, including but not limited to payroll records, invoices, schedules, and any other documentation requested by the City for the purpose of determining the additional costs or the impact of any delay. If the change involves Work bid at a unit price, then the Total Contract Price shall be increased at the unit price. If there is no unit price, then the Total Contract Price shall be adjusted to account for costs actually incurred plus an allowed mark-up of fifteen percent (15%), which shall constitute the entire amount of profit, mark-ups, field or home office overhead costs, including personnel, equipment or office space, any materials, or any costs of equipment idle time for such work. Regardless of ownership, equipment rates shall not exceed the listed prevailing rates at local equipment rental agencies, or distributors, at the time the work is performed. Nothing herein shall prevent the Parties from agreeing to a lump sum cost.
(A) Changes Ordered By City. City may at any time issue a written directive ordering additions, deletions, or changes to the Work. Contractor shall proceed with the work in accordance with the directive. To the extent the directive results in extra work or requires additional Contract Time, Contractor shall request a Change Order within seven (7) days of receiving the Work Directive. If any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined.

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3 (B) Changes Requested By Contractor. With respect to any matter that may involve or require an adjustment to the Contract Time or the Contract Price, Contractor shall provide written notice of the underlying facts and circumstances that gave rise to the potential change within seven (7) days or prior to the alteration of conditions, whichever is earlier. Failure to give notice shall constitute a waiver of Contractor’s right to a change order. If any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined.

3.2.2 Substitutions/”Or Equal”. Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.”
Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article. The burden of proof as to the equality of any material, process or article shall rest with Contractor.

The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit.

Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.

Contractor shall bear all of the City’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.

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4 3.3 Period of Performance and Liquidated Damages.

3.3.1 Contractor shall perform and complete all Work under this Contract within One Hundred (100) days, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, 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 the sum of One Thousand One Hundred Thirty Two and no/100 Dollars ($1,132.00) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.

3.3.2 If Contractor is delayed in the performance or progress of the Work by a Force Majeure Event (as defined herein), then the Contractor shall be entitled to a time extension, as provided herein, when the Work stopped is on the critical path and shall not be charged liquidated damages. Such a non-compensable adjustment shall be Contractor’s sole and exclusive remedy for such delays and the Contractor will not receive an adjustment to the Total Contract Price or any other compensation. Contractor must submit a timely request in accordance with the requirements of the Contract.

3.3.3 A Force Majeure Event shall mean an event that materially affects a party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Contractor and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.

3.4 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and 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 Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work 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 Work, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who

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5 fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.

3.5 Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor 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 under this Contract 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, and workers’ compensation insurance

3.5.1 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.

3.6 City’s Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the below- referenced compensation in accordance with compensation provisions set forth in the Contract.

3.7 Compensation and Payment.

3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of One Hundred One Thousand Eight Hundred Twenty and no/100 Dollars ($101,820.00) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City . The City Manager may approve Additional 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 (Total Contract Price and Additional Work) exceed One Hundred Fifty One Thousand Eight Hundred Twenty Two and no/100 Dollars ($151,820.00). Any additional work in excess of this amount shall be approved by the City Council.

3.7.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon

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6 completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein.

On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.

3.7.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.

3.7.4 Contract Retentions. From each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.

3.7.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of:
(1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract 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.

3.7.6 Substitutions for Contract Retentions. Pursuant to California Public Contract Code section 22300, Contractor may substitute securities for any money withheld by the City to ensure the performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, with the State or a federally chartered bank as the escrow agent, who shall return such securities to Contractor upon satisfactory completion of the Contract. Deposit of securities with an escrow agent shall be subject to a written agreement between the escrow agent and the City, which provides that no portion of the securities shall be paid to Contractor until the City has certified to the escrow agent, in writing, that the Contract has been satisfactorily completed. The City shall certify that the Contract has been satisfactorily completed within sixty (60) days of work "completion" as defined in Section 7107(c) of the California Public Contract Code. Securities eligible for investment under

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7 this section shall be limited to those listed in Section 16430 of the Government Code, bank or savings & loan certificates of deposit, interest-bearing demand deposit accounts, stand-by letters of credit, or any other security mutually agreed to by Contractor.

3.7.7 Payment to Subcontractors. Contractor shall pay all subcontractors for and on account of work performed by such subcontractors in accordance with the terms of their respective subcontracts and as provided for in Section 7108.5 of the California Business and Professions Code. Such payments to subcontractors shall be based on the measurements and estimates made and progress payments provided to Contractor pursuant to this Contract.

3.7.8 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.

3.7.9 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.

3.8 Labor

3.8.1 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 “public works” and “maintenance” projects. Since the Work is 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 claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.

3.8.2 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty

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8 an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.

3.8.3 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.

3.8.4 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor.

In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records directly to the DIR on a weekly basis and in the format prescribed by the DIR, which may include electronic submission. 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.

3.8.5 Contractor and Subcontractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. 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.

3.8.6 Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s

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9 performance of Work, 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 subject to any applicable liquidated damages 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.

3.9 Performance of Work; Jobsite Obligations.

3.9.1 Water Quality Management and Compliance.

3.9.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work 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); local 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.

3.9.1.2 Compliance with the Statewide Construction General Permit.

Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.

3.9.1.3 Other Water Quality Rules Regulations and Policies. Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.

3.9.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, the Contractor, hereby acknowledges that it has investigated the risk arising from such waters and assumes any and all risks and liabilities arising therefrom.

3.9.1.5 Liability for Non-Compliance. Failure to comply with the Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its directors,

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10 officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.

3.9.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City’s attorney’s fees) associated with, any settlement reached between the City and the relevant enforcement entity.

3.9.1.7 Training. In addition to the standard of performance requirements set forth in paragraph 3.4, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.9.1. 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 paragraph 3.9.1 as they may relate to the Work provided under this Contract.

Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.

3.9.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, 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, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.

3.9.3 Laws and Regulations. 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 Contract or the Work, 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 the Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written 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 Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend,

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11 indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.9.4 Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, a City Business License. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s applicable business license fee. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.

3.9.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.

3.9.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate.

In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.

3.9.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities.

3.9.8 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). Although CARB limits and requirements are more broad, Contractor shall specifically be aware of their 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 Contract.

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12 3.9.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.

3.9.10 Inspection Of Site. Contractor has visited sites where Work is to be performed and has become acquainted with all conditions affecting the Work. Contractor warrants that it has made such examinations as it deems necessary to determine the condition of the Work sites, its accessibility to materials, workmen and equipment, and to determine the Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters.

3.9.11 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 before commencing activities.

Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any work or altering the condition.

3.10 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a re-inspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain.

Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.

3.11 Claims; Government Code Claim Compliance.

3.11.1 Except as otherwise provided in this Contract, if any dispute shall arise between the City and Contractor regarding performance of the Work, or any alleged change in the Work, Contractor shall timely perform the disputed work and shall give written notice of a claim for additional compensation for the work to the City within three (3) days after commencement of the disputed work. Contractor’s failure to give written notice within the three (3)-day period constitutes an agreement by Contractor that it will receive no extra compensation for the disputed work and shall constitute a waiver of the right to further pursue the claim under the Contract or at law.

3.11.2 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims.

The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with all applicable law, including but not limited to these statutes.

3.11.3 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor for:

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13 3.11.3.1 An adjustment to the time for completion including, without limitation, for relief from damages or penalties for delay assessed by the City;

3.11.3.2 Payment by the City of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled; or

3.11.3.3 An amount the payment of which is disputed by the City.

A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a Change Order, or otherwise failed to follow any procedures contained in the Contract Documents.

3.11.4 Filing Claims. Claims governed by this Section may not be filed unless and until the Contractor completes any and all requirements of the Contract Documents pertaining to notices and requests for changes to the Contract Time or Contract Price, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than thirty (30) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following words in 16 point capital font: “THIS IS A CLAIM.” The Claim shall include the all information and documents necessary to substantiate the Claim, including but not limited to those identified below. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by Contract Documents. Failure to follow such contractual requirements shall bar any Claims or subsequent proceedings for compensation or payment thereon.

3.11.5 Supporting Documentation: The Contractor shall submit all claims in the following format:

3.11.5.1 Summary description of Claim including basis of entitlement, merit and amount of time or money requested, with specific reference to the Contract Document provisions pursuant to which the Claim is made

3.11.5.2 List of documents relating to claim:
(A) Specifications
(B) Drawings
(C) Clarifications (Requests for Information)
(D) Schedules
(E) Other

3.11.5.3 Chronology of events and correspondence

3.11.5.4 Narrative analysis of claim merit

3.11.5.5 Analysis of Claim cost, including calculations and supporting documents

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14 3.11.5.6 Time impact analysis in CPM format

3.11.6 City’s Response. Upon receipt of a Claim pursuant to this Section, the City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the Claim will be processed and made within 60 days after the City issues its written statement.

3.11.6.1 If the City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim, and the City’s governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three (3) days following the next duly publicly noticed meeting of the City’s governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

3.11.6.2 Within 30 days of receipt of a Claim, the City may request in writing additional documentation supporting the Claim or relating to defenses or Claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the City and the Contractor. The City’s written response to the Claim, as further documented, shall be submitted to the Contractor within 30 days (if the Claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

3.11.7 Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 days of receipt of the City’s response or within 15 days of the City’s failure to respond within the time prescribed, respectively, and demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute.

3.11.8 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after the City issues its written statement. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The public entity and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing, unless the parties agree to select a mediator at a later time.

3.11.8.1 If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

3.11.8.2 For purposes of this Section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an

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15 independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this Section.

3.11.8.3 Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

3.11.8.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved Claims shall be considered jointly in a single mediation, unless a new unrelated Claim arises after mediation is completed.

3.11.9 Procedures After Mediation. If following the mediation, the Claim or any portion remains in dispute, the Contractor must file a Claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code prior to initiating litigation. For purposes of those provisions, the running of the period of time within which a Claim must be filed shall be tolled from the time the Contractor submits his or her written Claim pursuant to subdivision (a) until the time the Claim is denied, including any period of time utilized by the meet and confer conference.

3.11.10 Civil Actions. The following procedures are established for all civil actions filed to resolve Claims of $375,000 or less:

3.11.10.1 Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of this Contract. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

3.11.10.2 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

3.11.11 Government Code Claim Procedures.

3.11.11.1 This Section does not apply to tort claims and nothing in this Section is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commending with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.5 of Title 1 of the Government Code.

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16 3.11.11.2 In addition to any and all requirements of the Contract Documents pertaining to notices of and requests for adjustment to the Contract Time, Contract Price, or compensation or payment for additional work, disputed Work, construction claims and/or changed conditions, the Contractor must comply with the claim procedures set forth in Government Code Section 900, et seq. prior to filing any lawsuit against the City.

3.11.11.3 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 adjustment of the Contract Time or Contract Price for additional work, disputed Work, construction claims, and/or changed conditions have been followed by Contractor. If Contractor does not comply with the Government Code claim procedure or the prerequisite contractual requirements, Contractor may not file any action against the City.

3.11.11.4 A Government Code claim must be filed no earlier than the date the Work is completed or the date the Contractor last performs Work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved Claims known to Contractor or that should reasonably by known to Contractor excepting only new unrelated Claims that arise after the Government Code claim is submitted.

3.11.12 Non-Waiver. The City’s failure to respond to a Claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the Claim being deemed rejected in its entirety, and shall not constitute a waiver of any rights under this Section.

3.12 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work 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 Work until the same is fully completed and accepted by City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City may terminate this Contract pursuant to Section 3.18.3; provided, however, that the City needs to provide Contractor with only one (1) day advanced written notice.

3.13 Indemnification.

3.13.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and 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 Contract, 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, or for defects in design furnished by those persons.

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17 3.13.2 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 section that may be brought or instituted against City or its officials, employees, agents and authorized 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 authorized 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 authorized 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 authorized 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 Contract, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.

3.14 Insurance.

3.14.1 Time for Compliance. Contractor shall not commence Work under this Contract 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. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.

3.14.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by 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 Contract. Such insurance shall meet at least the following minimum levels of coverage:

3.14.2.1 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 00 01) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance; and (4) Builders’/All Risk: Builders’/All Risk insurance covering for all risks of loss, including explosion, collapse, underground excavation and removal of lateral support (and including earthquakes and floods if requested by the City). Policies shall not contain exclusions contrary to this Contract.

3.14.2.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence and $2,000,000 general aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability $1,000,000 per accident for bodily injury and property damage; (3) Workers’ Compensation and Employer’s Liability: Workers’ compensation limits as required by the Labor Code of the State of California.

Employer’s Liability limits of 1,000,000. each accident, policy limit bodily injury or disease, and each employee bodily injury or disease; and (4) Builders’/All Risk: Completed value of the project.

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18 Defense costs shall be available in addition to the limits. Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract.

3.14.2.3 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 Contract 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 Contract.

3.14.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions to the insurance policies:

3.14.3.1 General Liability. (1) Such policy shall give the City, its officials, employees, agents and volunteers additional insured status using ISO endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it.

3.14.3.2 Automobile Liability. (1) Such policy shall give the City, its officials, employees, agents and volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.

3.14.3.3 Workers’ Compensation and Employer’s Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.

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19 3.14.3.4 All Coverages. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) 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, employees, agents and volunteers.

3.14.4 Builders’/All Risk Policy Requirements. The builders’/all risk insurance shall provide that the City be named as loss payee. In addition, the insurer shall waive all rights of subrogation against the City.

3.14.5 Separation of Insureds; No Special Limitations. 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 officials, employees, agents and volunteers.

3.14.6 Professional Liability Insurance. All architects, engineers, consultants or design professionals retained by Contractor shall also procure and maintain, for a period of five (5) years following completion of the Contract, errors and omissions liability insurance with a limit of not less than $1,000,000 per occurrence. This insurance shall name the City, its directors, officials, officers, employees, agents and volunteers as additional and insureds with respect to Work performed, and shall otherwise comply with all requirements of this Section. Defense costs shall be paid in addition to the limits.

3.14.7 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 officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

3.14.8 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VII, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.

3.14.9 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract 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 supplied or approved by the City. 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.

3.14.10 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages

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20 for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing.

3.14.11 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 Work under this Contract.

3.15 Bond Requirements.

3.15.1 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 Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.15.2 Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.15.3 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 effected bond within (ten) 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 Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminate the Contract for cause.

3.15.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. 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.

3.16 Warranty. Contractor warrants all Work 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 Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work 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

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21 portions of the Work (or work of other contractors) damaged by its defective Work 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 to verify 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 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.

3.17 Employee/Labor Certifications.

3.17.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract.

3.17.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. 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.

3.17.3 Verification of Employment Eligibility. By executing this Contract, 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, and shall require all subcontractors and sub-subcontractors to comply with the same.

3.18 General Provisions.

3.18.1 City’s Representative. The City hereby designates Robert Dalquest, the Director of the City of Upland Development Services Department, or his designee, to act as its representative for the performance of this Contract (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

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22 3.18.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City (“′Contractor’s Representative”). Following approval by the City, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval.

3.18.3 Termination. This Contract may be terminated by City at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract.

Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

3.18.4 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City’s Representative, whose decision shall be binding upon Contractor.

3.18.5 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.

3.18.6 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:

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23 CONTRACTOR:

LABASTIDA CONSTRUCTION
31244 TARRYTON COURT, YUCAIPA, CA 92399
Attn: Victor Manuel Labastida, Owner
(909) 953-0767
LICENSE NO. 683200
CITY:

City of Upland
460 N. Euclid Avenue
Upland, CA 91786
Attn: City Manager
With Copy To:

City of Upland
460 N. Euclid Avenue
Upland, CA 91786
Attn: City Attorney
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.18.7 Time of Essence. Time is of the essence in the performance of this Contract.

3.18.8 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.

3.18.9 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.18.10 Laws; Venue. This Contract shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Contract, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California.

3.18.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.

3.18.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.

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24 3.18.13 Solicitation. 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 Contract. 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 Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.

3.18.14 Conflict of Interest. 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 Contract. 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 Contract. For breach or violation of this warranty, City shall have the right to rescind this Contract without liability. For the term of this Contract, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to 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 Work.

3.18.15 Certification of License.

3.18.15.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.

3.18.15.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O.

Box 26000, Sacramento, California 95826.

3.18.16 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.

3.18.17 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.

3.18.18 Non-Waiver. None of the provisions of this Contract shall be considered waived by either party, unless such waiver is specifically specified in writing.

3.18.19 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project or other projects. [SIGNATURES ON FOLLOWING PAGE]

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25 SIGNATURE PAGE FOR CONSTRUCTION CONTRACT

BETWEEN THE CITY OF UPLAND

AND LABASTIDA CONSTRUCTION

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

CONTRACTOR

LABASTIDA CONSTRUCTION

Signature
VICTOR MANUEL LABASTIDA, JR.

Name

Owner
Title

CONTRATOR’S LICENSE NO.: 683200
CLASSIFICATION: B- General Building

1000043793_________________________
DIR Registration Number

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Exhibit A- 1

EXHIBIT A

SCOPE OF SERVICES/NOTICE INVITING BIDS AND CONTRACTORS BID

[ATTACHED]

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Upland City CouncilJune 26, 2023

Upland City Council
June 26, 2023