Upland City Council
June 10, 2024

Monday, June 10, 2024
Open session begins at 6:00 p.m.

City Council Chamber
City Hall, 460 N. Euclid Avenue
Residents may observe the City Council meetings remotely via livestream on the City website, Spectrum Cable TV Channel 3, or Frontier Cable TV Channel 26.

Pages

1.CALL TO ORDER AND ROLL CALL

2.ADDITIONS-DELETIONS TO AGENDA

3.ORAL COMMUNICATIONS
This is a time for any citizen to comment on item listed on the closed session agenda only. Anyone wishing to address the legislative body is requested to submit a speaker card to the City Clerk at or prior to speaking. The speakers are requested to keep their comments to no more than three (3) minutes. The use of visual aids will be included in the time limit.

4.CLOSED SESSION

5.INVOCATION
Mike Ingram, Christian Science Faith

6.PLEDGE OF ALLEGIANCE

7.PRESENTATIONS
Presentation of Tom Thomas Scholarship to Upland High School students, presented by the Thomas Family

8.CITY ATTORNEY

9.ORAL COMMUNICATIONS
This is a time for any citizen to comment on any item listed or not listed on the agenda.

Anyone wishing to address the legislative body is requested to submit a speaker card to the City Clerk at or prior to speaking. The speakers are requested to keep their comments to no more than three (3) minutes. Speakers will be given five (5) minutes during public hearings. The use of visual aids will be included in the time limit. Public

comments and questions for the purpose of hearing current matters of concern in our community and to provide citizens a method for the public to hear those concerns in an open venue is encouraged. However, under the provisions of the Brown Act, the City Council is prohibited from discussion of items not listed on the agenda, and therefore, the City Council, City Manager, or City Attorney will take communications under advisement for consideration and appropriate response or discussion at a later time.

Individuals who demonstrate disruptive conduct during City Council meetings that prevent the City Council from conducting its meeting in an orderly manner are guilty of a misdemeanor as stated in PC403, disrupting a public meeting, and are subject to removal from the chamber or arrest.

10.CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine and will be enacted by one roll call vote. There will be no separate discussion of these items unless members of the legislative body request specific items be removed from the Consent Calendar for separate action.

Recommended Action:

Approve the Consent Calendar
a.APPROVAL OF MINUTES 6
Recommended Action:

Approve the Special Workshop Minutes of May 22, 2024 and the Regular Meeting Minutes of May 28, 2024. (Staff Person: Keri Johnson)
b.CONSIDER RATIFICATION OF REAPPOINTMENT TO THE LIBRARY BOARD 11 CEQA: Not a Project.

Recommended Action:

Ratify the Mayor’s reappointment of James Flock to the Library Board, term expires June 30, 2027. (Staff Person: Keri Johnson)
c.CONSIDER RATIFICATION OF APPOINTMENT AND REAPPOINTMENT TO

THE PLANNING COMMISSION
15 CEQA: Not a Project.

Recommended Action:

Ratify the Mayor’s appointment of David Borger and reappointment of Christine Caldwell to the Planning Commission, terms ending June 30, 2028. (Staff Person:

Keri Johnson)
d.ANNUAL ADOPTION OF INVESTMENT POLICY 22
CEQA: Not a Project
Recommended Action:

Adopt a Resolution approving and adopting the Annual Statement of Investment Policy for Fiscal Year 2024-2025. (Staff Person: Stephen Parker) e.CONSIDERATION OF AN AGREEMENT TO PROVIDE CONCEPTUAL AND

SCHEMATIC DESIGN AND PRELIMINARY ENGINEERING SERVICES FOR

PARKING STRUCTURE IN DOWNTOWN UPLAND
42 CEQA: Determined to be Exempt pursuant to §15061(b)(3) of the CEQA Guidelines.

Recommended Action:

Approve the professional services agreement with Watry Design, Inc. for a not to exceed amount of $337,610 to complete conceptual and schematic design and preliminary engineering services for a multiple story parking structure in Downtown Upland; appropriate American Rescue Plan Act funds to the project account to cover the agreement, and authorize the City Manager to execute the agreement and any future amendments within the City Manager’s authority. (Staff Person: Robert Dalquest)
f.CONSIDER APPROVAL OF THE PURCHASE OF ONE INFORMATION

TECHNOLOGY ADMINISTRATION VEHICLE
118
CEQA: Not a Project.

Recommended Action:

Approve the purchase of one (1) 2023 Ford Mustang Mach E form Fritts Ford in the amount of $51,313.91; and authorize the City Manager to execute all necessary documents for the purchase of this vehicle. (Staff Person: Chris Alanis) g.NOTICE OF COMPLETION FOR PROJECT NO. 9128, RESERVOIR 15 REPLACEMENT AT 17TH STREET
120
CEQA: A Mitigated Negative Declaration was previously prepared and adopted for the project pursuant to the provisions of CEQA.

Recommended Action:

Accept the work; authorize the City Manager or his designee to record the Notice of Completion; and, reduce the Faithful Performance Bond to 10% for Project No. 9128, Reservoir 15 Replacement at 17th Street. (Staff Person: Chris Alanis) h.CONSIDER APPROVAL OF THE SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH ECONOLITE SYSTEMS, INC. FOR TRAFFIC

SIGNAL MAINTENANCE SERVICES
122
CEQA: Not a Project.

Recommended Action:

Approve the 2nd 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 amendment. (Staff Person: Chris Alanis) i.CONSIDER ACCEPTANCE OF THE HIGHWAY SAFETY IMPROVEMENT PROGRAM CYCLE 11 GRANT AND AUTHORIZE THE CITY MANAGER TO

EXECUTE A CONTRACT WITH KIMLEY HORN
146
CEQA: Not a Project.

Recommended Action:

Accept the award of the Highway Safety Improvement Program (HSIP) Cycle 11 grant of $1,861,560 for Traffic Signal Improvements, appropriate the funds necessary for the project, and authorize the City Manager to execute the contract with Kimley-Horn to prepare construction documents for the Signal Modification Project. (Staff Person: Chris Alanis)

j.SENATE BILL 1 (SB1) ROAD MAINTENANCE AND REHABILITATION

ACCOUNT FUNDING AND PROJECT LIST
167
CEQA: Determined to be Categorically Exempt pursuant to State CEQA Guidelines Section 15301 Class 1 (Existing Facilities) and Section 15302 Class 2 (Replacement or Reconstruction).

Recommended Action:

Adopt a Resolution approving a list of projects for Fiscal Year 2024-2025 funded by Senate Bill 1: Road Repair and Accountability Act of 2017. (Staff Person: Chris Alanis)
k.CONSIDER APPROVAL OF A REIMBURSEMENT AGREEMENT FOR TRACT MAP 20647, LOCATED AT THE NORTHWEST CORNER OF FIRST AVENUE

AND A STREET
173
CEQA: Not a Project
Recommended Action:

Approve the Reimbursement Agreement for Tract Map 20647; and authorize the City Manager, or his designee, to execute the agreement and any subsequent amendments within the City Manager’s signing authority and allocate funds for the cost of improvements. (Staff Person: Chris Alanis)

11.PUBLIC HEARINGS

12.COUNCIL COMMITTEE REPORTS
a.COUNCIL REPORTS ON REGIONAL COMMITTEE MEETING, TRAINING, OR

CONFERENCE ATTENDANCE
Councilmembers will provide oral reports on any meetings, trainings, or conferences they attended on behalf of the City. This item is for information only. b.ECONOMIC DEVELOPMENT COMMITTEE MEETING, JUNE 3, 2024 352 The Committee Chairperson will report on the meeting. This is an information item.

13.BUSINESS ITEMS
a.PROPOSED ANNUAL BUDGET FOR FISCAL YEARS 2024-2025 AND 2025- 2026 AND RELATED ITEMS
355
CEQA: Not a Project
Recommended Action:

Approve a Resolution adopting the Fiscal Year 2024-2025 and 2025- 2026 Annual Budgets; and

1. Adopt a Resolution approving the appropriations limit for the Fiscal Year 2024-2025; and

2. Adopt a Resolution approving the General Fund Reserve Policy; and3.

Approve amending the City’s Classification Plan to add the Risk Management Coordinator job description. (Staff Person: Stephen Parker)

4. 14.COUNCIL COMMUNICATIONS

15.CITY MANAGER

16.ADJOURNMENT
The next regularly scheduled City Council meeting is Monday, June 24, 2024.

NOTE: If you challenge the public hearing(s) or the related environmental determinations in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Upland, at, or prior to, the public hearing.

All Agenda items and back-up materials are available for public review at the Upland Public Library, at 450 North Euclid Avenue, the City Clerk's Office at 460 North Euclid Avenue and the City website at www.uplandca.gov .

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk's Office, 909-931-4120.

Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADA Title II] On June 5, 2024 a true and correct copy of this agenda was posted on the bulletin boards at 450 N. Euclid Avenue (Upland Public Library) and 460 N. Euclid Avenue (Upland City Hall), and the City website at www.uplandca.gov

1 MINUTES OF THE SPECIAL WORKSHOP OF THE UPLAND CITY COUNCIL

May 22, 2024
Carnegie Library Building
123 East D Street

Members Present: Mayor Bill Velto, Councilmember James Breitling, Councilmember Carlos A. Garcia, Councilmember Shannan Maust

Members Absent: Councilmember Rudy Zuniga

Staff Present: City Manager Michael Blay, City Clerk Keri Johnson _____________________________________________________________________

1. CALL TO ORDER AND ROLL CALL
The special meeting of the Upland City Council was called to order by Mayor Bill Velto at 10:01 a.m. in the Council Chamber of the Upland City Hall.

Moved by: Councilmember Breitling
Seconded by: Councilmember Maust
Excuse the absence of Councilmember Rudy Zuniga
Motion: Carried Unanimously

2. ORAL COMMUNICATIONS
None

3. AGENDA ITEMS
a. CITY COUNCIL GOAL SETTING WORKSHOP
Consultants from Baker Tilly facilitated the workshop and the Council discussed goals, priorities, a mission statement, and vision statement.

4. ADJOURNMENT
Mayor Velto adjourned the workshop at 1:54 p.m. The next regularly scheduled City Council meeting is Tuesday, May 28, 2024.

Keri Johnson, City Clerk

1 MINUTES OF THE REGULAR MEETING OF THE UPLAND CITY COUNCIL

May 28, 2024
6:00 p.m.

City Council Chamber
City Hall, 460 N. Euclid Avenue

Members Present: Mayor Bill Velto, Councilmember James Breitling, Councilmember Carlos A. Garcia, Councilmember Shannan Maust, Councilmember Rudy Zuniga

Staff Present: City Manager Michael Blay, City Attorney Stephen P. Deitsch, City Clerk Keri Johnson
_____________________________________________________________________

1. CALL TO ORDER AND ROLL CALL
The regular meeting of the Upland City Council was called to order by Mayor Bill Velto at 6:01 p.m. in the Council Chamber of the Upland City Hall.

2. ADDITIONS-DELETIONS TO AGENDA
City Clerk Johnson announced that Item 10h, Consider Approval of Administrative Updates to the Athletic Facilities Policy and Procedures, was removed from the agenda.

3. ORAL COMMUNICATIONS
None.

4. CLOSED SESSION

5. INVOCATION
Pastor Summer Brown, Life Bible Fellowship Church

6. PLEDGE OF ALLEGIANCE
Led by Ralph Cavallo

7. PRESENTATIONS
Presentation of the Dave Stevens Historic Preservation Award presented by Upland Heritage

8. CITY ATTORNEY
City Attorney Deitsch stated he had no report.

9. ORAL COMMUNICATIONS
Tommy Brooks, Upland, stated that he hoped that the Interim Public Works Director would make some changes and spoke regarding landscape issues in the City.

10. CONSENT CALENDAR

2 Moved by: Councilmember Zuniga
Seconded by: Councilmember Garcia
Approve the Consent Calendar
Motion: Carried Unanimously

a. APPROVAL OF MINUTES
Approve the Regular Meeting Minutes of May 13, 2024 and the Special Workshop Minutes of May 20, 2024.
b. 2ND READING AND ADOPTION OF ORDINANCE NO. 1989 AMENDING THE ZONING DESIGNATION AT 1010 N. EUCLID AVENUE
Hold 2nd reading by title only, waive further reading, and adopt Ordinance No. 1989 (Zone Change No. 23-0003), to amend the zoning designation of one 8,685 square foot parcel located at 1010 N. Euclid Avenue from Single-Family Medium (RS-7.5) to Commercial / Residential Mixed-Use (C/R-MU). c. CONSIDER ADOPTING RESOLUTIONS RELATED TO THE NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION
Adopt Resolution No. 6774 calling and giving notice of holding a regular municipal election on Tuesday, November 5, 2024 for the election of certain officers as required by the provisions of the laws of the state of California relating to General Law cities and requesting the Board of Supervisors of the County of San Bernardino to consent to the consolidation of the general municipal election of the City of Upland with the statewide general election to be held on the same date pursuant to Elections Code Section 10403; adopt Resolution No. 6775 establishing regulations for candidates for elective office pertaining to candidates statements submitted to the voters at an election to be held on Tuesday, November 5, 2024.
d. CONSIDER APPROVAL OF APRIL WARRANT AND PAYROLL REGISTERS Approve the April warrant registers (check numbers 47514-47889 and direct disbursements totaling $13,802,626.48) and payroll registers totaling $1,779,212.55 (check numbers 163759-163765 and electronic fund transfers 46951-47506).
e. CONSIDER ADOPTING A RESOLUTION REQUESTING MEMBERSHIP IN

CALIFORNIA INTERGOVERNMENTAL RISK AUTHORITY
Adopt Resolution No. 6776 requesting membership in the California Intergovernmental Risk Authority and participation in the Liability and Workers’ Compensation programs.
f. TREASURER’S REPORT APRIL 2024
Receive and file the April 2024 Treasurer’s Report.
g. CONSIDER APPROVING UPGRADE/REHOSTING OF POLICE CAD AND RMS

SERVERS

3 Approve the upgrade/rehosting of Police CAD and RMS Servers; and authorize the City Manager to execute the Central Square price quote and approve a purchase order.
i. CONSIDER APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL

SERVICES AGREEMENT WITH WILLDAN ENGINEERING
Approve Amendment No. 1 to the Professional Services Agreement with Willdan Engineering for staff augmentation in the amount of $107,240 for a total not to exceed contract amount of $157,240 for the period through November 30, 2024, and authorize the City Manager to execute the amendment. j. CONSIDER THE APPROPRIATION OF $50,000 IN ARPA FUNDS FOR THE

PURCHASE OF EQUIPMENT FOR THE UNMANNED AERIAL VEHICLE

PROGRAM
Approve an appropriation of $50,000 in American Rescue Plan Act funds for the purchase of equipment and software for the Upland Police Department’s Unmanned Aerial Vehicle Program.
k. CONSIDER APPROVAL OF A SECOND AMENDMENT TO A PROFESSIONAL

SERVICES AGREEMENT FOR METROLINK SECURITY SERVICES
Approve Amendment No. 2 to the Professional Services Agreement between the City of Upland and American Global Security, Inc. for Metrolink Station Security Guard Services; extending the agreement for an additional one (1) year; increase the contract amount by $159,957.70 for a total contract amount of $583,910.40; and authorize the City Manager to execute any and all necessary and related documents to implement the amendment.
l. MEMORIAL PARK PAVEMENT REHABILITATION NOTICE OF COMPLETION Accept the work; authorize the City Manager or his designee to record the Notice of Completion; and reduce the Faithful Performance Bond to 10% for the Memorial Park Pavement Rehabilitation Project.
h. CONSIDER APPROVAL OF ADMINISTRATIVE UPDATES TO THE ATHLETIC

FACILITIES POLICY AND PROCEDURES
This item was removed from the agenda.

11. PUBLIC HEARINGS

12. COUNCIL COMMITTEE REPORTS
a. COUNCIL REPORTS ON REGIONAL COMMITTEE MEETING, TRAINING, OR

CONFERENCE ATTENDANCE
Councilmembers Breitling and Zuniga reported on their attendance at the City County conference and Councilmember Breitling reported on his attendance at the Library Board meeting.

13. BUSINESS ITEMS

14. COUNCIL COMMUNICATIONS
Councilmembers announced various activities and events throughout the community.

4 Councilmember Maust requested that staff research the number of car washes in the City and a possible moratorium and bring the item to Council at a future meeting, the request was seconded by Councilmember Zuniga.

15. CITY MANAGER

16. ADJOURNMENT
Mayor Velto adjourned the meeting at 6:30 p.m. The next regularly scheduled City Council meeting is Monday, June 10, 2024.

Keri Johnson, City Clerk

DATE: June 10, 2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: KERI JOHNSON, CITY CLERK
SUBJECT: CONSIDER RATIFICATION OF REAPPOINTMENT TO THE LIBRARY BOARD

RECOMMENDED ACTION:

It is recommended that the City Council ratify the Mayor’s reappointment of James Flock to the Library Board, term expires June 30, 2027.

GOAL STATEMENT
The proposed action supports the City’s goal to provide opportunities for the citizenry to participate in local government through service on various committees, commissions, and boards.

BACKGROUND
The Library Board was created by ordinance in 1913 and the composition and terms of office were amende d pursuant to California Library Laws in 1990. The Board is charged with providing materials and staff assistance for meeting the information and educational needs of library users.

Pursuant to Government Code Section 54972, the expiring terms of commission, committee, and board members were duly posted prior to December 31, 2023.

ISSUES AND ANALYSIS
Pursuant to Government Code Section 40605 and Resolution No. 6704 the Mayor shall appoint the Committee, Board, and Authority members subject to the ratification by a majority of the Council.

James Flock has served one full term on the Library Board. Mr. Flock has expressed his desire to continue to serve on the Library Board and has submitted an application for reappointment. The Mayor wishes to reappoint James Flock to the Library Board. The subject appointment is for a term of three years.

ENVIRONMENTAL DETERMINATION
The proposed action is not subject to the California Environmental Quality Act (CEQA). Section 15378 of the CEQA Guidelines defines a project subject to CEQA. The proposed action is not included within the definition of a “project” and thus is exempt.

FISCAL IMPACTS
There is no fiscal impact associated with this action.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Not a Project.

DATE: June 10, 2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: KERI JOHNSON, CITY CLERK
SUBJECT: CONSIDER RATIFICATION OF APPOINTMENT AND REAPPOINTMENT TO THE

PLANNING COMMISSION

RECOMMENDED ACTION:

It is recommended that the City Council ratify the Mayor’s appointment of David Borger and reappointment of Christine Caldwell to the Planning Commission, terms ending June 30, 2028.

GOAL STATEMENT
The proposed action supports the City’s goal to provide opportunities for the citizenry to participate in local government through service on various committees, commissions, and boards .

BACKGROUND
The Planning Commission was established in 1930 pursuant to the Planning Act of 1929. Changes to the Commission were later made in 1950 in accordance with the Conservation and Planning Act. The Planning Commission is comprised of seven members, appointed by the City Council, to review and act on matters related to planning and development. Resolution No. 6704 sets forth the process for appointment and states the Mayor shall appoint the Committee, Commission, Board, and Authority members subject to ratification by the majority of the Council.

The two positions to be filled on the Planning Commission are reg ularly scheduled vacancies with terms that will expire on June 30, 2024. Pursuant to Government Code Section 54972, the expiring terms of the Planning Commission members was duly posted prior to December 31, 2023.

At the regular meeting of the City Council on March 25, 2024, the Council formed an ad hoc committee, appointing Mayor Velto and Mayor Pro Tem Breitling to serve on the ad hoc committee and conduct Planning Commission interviews.

ISSUES AND ANALYSIS
Interviews were conducted by a panel consisting of Mayor Velto, Mayor Pro Tem Breitling, Planning Commission Chair Aspinall (advisory only), and Development Services Director Dalquest (advisory only). A total of 9 applicants were interviewed. At the conclusion of the interviews, David Borger and Christine Caldwell were ranked as the top candidates using a forced choice ranking system. Based on the interview rankings, the Mayor has chosen to appoint David Borger and reappoint Christine Caldwell to the Planning Commission.

ENVIRONMENTAL DETERMINATION
The proposed action is not subject to the California Environmental Quality Act (CEQA). Section 15378 of the CEQA Guidelines defines a project subject to CEQA. The proposed action is not included within the definition of a “project” and thus is exempt.

FISCAL IMPACTS
There is no fiscal impact associated with this action.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Not a Project.

DATE: June 10, 2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: STEPHEN PARKER, CPA ASSISTANT CITY MANAGER SUBJECT: ANNUAL ADOPTION OF INVESTMENT POLICY

RECOMMENDED ACTION:

It is recommended that the City Council adopt a Resolution approving and adopting the Annual Statement of Investment Policy for Fiscal Year 2024-2025

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

BACKGROUND
On January 1, 1996, the State of California enacted laws that outline standards for investment activities of local public agencies. Common themes in these laws focused on a sound investment policy, oversig ht of investment activities, safety in managing public funds, and quarterly reporting on the investment portfolio. Pursuant to California Government Code Section 53646, the City Treasurer may annually submit a Statement of Investment Policy to the City Council for the Council’s consideration and adoption. Auditors and best practices recommend an annual adoption of such policy.

In summary, the Investment Policy accomplishes the following:
 Defines the City’s investment objectives and guidelines, as well as their conformance with California laws;  Delineated the State of California approved investment vehicles that are recommended as suitable to the City of Upland;
 Outlines investment-reporting requirements; and
 Names the City’s Investment Officers and delegates investing to those officials .

ISSUES AND ANALYSIS
The City of Upland’s Statement of Investment Policy for Fiscal Year 202 4-2025 (Exhibit A) has been prepared in compliance with the State of California Government Code Sections that govern investments. Detailed descriptions of the various recommended allowable investment instruments are included in the policy.

There are only two recommended changes in the proposed investment policy from the most recently adopted policy.

The first is modifying the definition of Investment Officer to include the current Finance Manager classification. The second is reducing the limitations in Federal Agency Securities from 50% in one issuer to 30% and 50% callable securities to 40%.

ENVIRONMENTAL DETERMINATION
The proposed action is not subject to the California Environmental Quality Act (CEQA). Section 15378 of the CEQA Guidelines defines a project subject to CEQA. The proposed action is not included within the definition of a “project” and thus is exempt.

FISCAL IMPACTS
There is no fiscal impact associated with this action.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Not a Project

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UPLAND,

CALIFORNIA APPROVING AND ADOPTING THE ANNUAL
STATEMENT OF INVESTMENT POLICY FOR FISCAL YEAR 2024-
2025

WHEREAS, pursuant to Government Code Section 53600.6, the Legislature of the State of California has declared that the deposit and investment of public funds by local officials and local agencies is an issue of statewide concern; and

WHEREAS, the City Council may invest surplus monies not required for the immediate necessities of the City in accordance with the provisions of California Government Code Sections 5920 et seq. and 53601 et seq.; and

WHEREAS, it shall be the policy of the City of Upland to invest funds in a manner which will provide the highest investment return possible consistent with maximum security while meeting daily cash flow demands and conforming to all other statutes governing the investment of City funds; and

WHEREAS, the City Treasurer of the City of Upland is authorized and shall prepare and submit an annual statement of investment policy and such policy, and any changes thereto, may be considered by the City Council at a public meeting pursuant to Government Code Section 53646 (a) (2); and

WHEREAS, the Assistant City Manager has prepared the annual Statement of Investment Policy (the “Policy”), on behalf of the City Treasurer; and

WHEREAS, for the purposes of the Policy, “Investment Officers” shall be defined as the City Treasurer, City Manager, Assistant City Manager, and the Finance Manager; and

WHEREAS, the Policy shall apply without exception to any and all financial assets and funds of the City of Upland.

NOW, THEREFORE, the City Council of the City of Upland hereby finds, determines and resolves as follows:

Section 1. The above recitals are true and correct and are incorporated herein by this reference.

Section 2. The City Council of the City of Upland at a duly noticed public meeting has received, reviewed, and adopts the City of Upland Revised Statement of Investment Policy for Fiscal Year 2024-2025, set forth in Exhibit “A”, attached hereto and incorporated herein by this reference.

Section 3. Any and all prior resolutions adopting a Statement of Investment Policy for the City of Upland shall be hereby rescinded.

Section 4. Pursuant to California Government Code Section 53607, the City Council of the City of Upland hereby delegates the authority to reinvest funds of the City of Upland pursuant to all applicable laws, statutes, and regulations of the State of California as set forth in this Resolution.

Section 5. Compliance with California Environmental Quality Act. The City Council finds that this Resolution is not subject to the California Environmental Quality Act (“CEQA”)

Resolution No.

pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment ) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, if the activity is deemed a project this City Council finds that this Resolution is exempt pursuant to Section 15061(b)(3) of the State CEQA Guidelines.

Section 6. Certification. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.

Section 7. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.

Section 8. Effective Date. This Resolution shall become effective July 1, 2024.

PASSED, APPROVED and ADOPTED this 10th day of June, 2024.

Bill Velto, Mayor

I, Keri Johnson, City Clerk of the City of Upland, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 10th day of June, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

EXHIBIT A
Statement of Investment Policy
Fiscal Year 2024-2025

POLICY

The purpose of this document is to outline the policy on the investment of public monies.

It is the policy of the City of Upland and the Successor Agency to the Upland Redevelopment Agency (hereafter referred to collectively as the "City”) to predicate their investment policies, procedures, and practices upon the limitations placed upon them by governing legislative bodies.

These policies shall have three primary goals:

• To assure compliance with federal, state, and local laws governing the investment of public monies under the control of the City Treasurer.

• To protect the principal monies entrusted to the City.

• To generate the maximum amount of investment income within the parameters of prudent risk management as defined in this Statement of Investment Policy.

For the purposes of this policy, "Investment Officers" shall be defined as the City Treasurer, City Manager, Assistant City Manager, and the Finance Manager.

1.0 Scope

This Statement of Investment Policy shall apply to all funds that are under the control of the Investment Officers including, but not limited to, the general fund; special revenue funds; debt service funds; capital project funds; enterprise funds; trust and agency funds; and any other funds under the control of the Investment Officers. These funds are accounted for in the City’s Annual Comprehensive Financial Report.

Investment of bond proceeds and related reserve funds shall be governed by the documents authorizing the issuance of such indebtedness. If the bond documents are silent as to the permitted investments, the bond proceeds will be invested in the securities permitted by this Statement of Investment Policy. Notwithstanding the other provisions of this Statement of Investment Policy, the percentage limitations listed in elsewhere in this Statement of Investment Policy do not apply to bond proceeds.

The City's Deferred Compensation Plan ("Plan") shall be excluded from the scope of this Statement of Investment Policy if: (1) a third-party administrator manages the Plan; (2) individual plan participants have control over the selection of investments; and (3) the City has no fiduciary responsibility to act as a "trustee" for the Plan. The only exception to the foregoing shall be that if the City retains the fiduciary responsibility to act as a trustee for the Plan, then the provisions of this Statement of Investment Policy shall apply to the investment of Plan assets. Under these circumstances, the Investment Officers shall provide the Finance Committee and the City Council with a quarterly report on the investment of Plan assets.

2.0 Standard of Care

Investment Officers, as trustees of public monies, shall adhere to the “prudent investor" standard when managing the City's investment portfolios. They shall invest "...all governing bodies of local agencies or persons authorized to make investment decisions on behalf of those local agencies investing public funds pursuant to this chapter are trustees and therefore fiduciaries subject to the prudent investor standard. When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence , and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the City, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the City. Within the limitations of this section and considering individual investments as part of an overall strategy, investments may be acquired as authorized by law."

Investment Officers who follow the provisions of this Statement of Investment Policy, and who exercise due diligence shall be relieved of personal responsibility for a security's credit risk or market price risk provided that they report substantial deviations from expectations to the City Manager and to the Finance Committee in a timely manner and that they take appropriate action to control adverse developments. "Substantial deviations" shall be defined as either a decline of 10 percent or more in the market value of a security due to issuer default or a credit risk downgrade or the premature sale of a security at 10 percent or more below its acquisition cost.

3.0 Objective

The City's investment objectives, in order of priority, shall be:

3.1 Safety. Safety of principal shall be the foremost objective. Investments shall be made with the aim of avoiding capital losses due to issuer default; broker -dealer default; or market value erosion. Principal shall be preserved by mitigating:

3.1.1 Credit Risk, the risk of loss due to the failure of the issuer of the security, shall be mitigated by investing in only high-quality securities and by diversifying investments; and

3.1.2 Market Risk, the risk of loss due to a decline in bond prices because of rising market interest rates, shall be mitigated by structuring the portfolios so that issues mature concurrently with the City's anticipated cash requirements, thereby eliminating the need to sell securities prematurely on the open market.

3.1.3 It is recognized, however, that in a diversified portfolio, occasional measured losses are inevitable and must be c onsidered within the context of the overall investment strategy.

3.2 Liquidity. An adequate percentage of the portfolios shall be maintained in liquid, short-term securities that can be converted to cash, if necessary, to meet disbursement requirements. Since all cash requirements cannot be anticipated, the portfolios should

consist largely of securities with active secondary markets. These securities should have a relatively low sensitivity to market risk. Maximum overall portfolio maturities are referenced in section 15.0, paragraph 2 of this Statement of Investment Policy.

3.3 Yield. Yield shall be considered only after the basic requirements of safety and liquidity have been met.

4.0 Delegation of Authority

California Government Code (“Code”) Sections 53607 and 53608 authorize the legislative body of a local agency to invest, deposit, and provide for the safekeeping of the local agency ' s funds or to delegate those responsibilities to the treasurer of the local agency. The delegation of investment authority by the City Council to the Investment Officers shall be for a period of one-year period, unless revoked. Subject to review, the City Council may renew the delegation of authority each year.

The Investment Officers shall have the exclusive authority to buy and sell securities on behalf of the City. They shall engage in mutual consultation and in collective decision making on economic trends, investment opportunities, and portfolio structuring.

5.0 Internal Controls

The Investment Officers shall be responsible for ensuring that all investment transactions comply with the City’s Statement of Investment Policy and for establishing internal controls that are designed to prevent losses due to fraud, negligence, and third -party misrepresentation.

The Investment Officers shall establish written procedures for the operation of the City’s investment program that are consistent with this Statement of Investment Policy.

Internal controls deemed most important shall include: avoidance of collusion; se paration of duties and administrative controls; separating transaction authority from accounting and record keeping; custodial safekeeping; clear delegation of authority; management approval and review of investment transactions; specific limitations regarding securities losses and remedial action; written confirmation of telephone transactions; documentation of investment transactions and strategies; and monitoring of results.

6.0 Conflict of Interest

Investment Officers shall refrain from personal business activity that could conflict with the proper execution of the City's investment program or impair their ability to make impartial investment decisions. They shall disclose to the City Council any material financial interest in financial institutions that conduct business within the City's jurisdiction. They shall also disclose any personal investment positions that could be related to the performance of the City's investment portfolios. Investment Officers shall subordinate their personal investment transactions to those of the City, particularly with regard to the timing of securities purchases and sales and shall avoid transactions that might impair public confidence.

Investment Officers and their immediate relatives shall not accept or solicit any gi fts, gratuities, honorariums, or favors from persons or entities who provide or who are seeking to provide financial services to the City.

7.0 Authorized Broker-Dealers

The Investment Officers shall have the authority to select any issuer, or qualified broker- dealer(s) deemed necessary in facilitating investment transactions.

For securities not purchased directly from the issuer, the Investment Officers will maintain a list of approved financial institutions authorized to provide investment services to the City in the State of California. These may include “primary” dealers or regional dealers that qualify under Securities & Exchange Commission Rule 15C3-1 (uniform net capital rule). Best practices include the following: 1) A determination that all approved broker/dealer firms, and individuals covering the City, are reputable and trustworthy; 2) the broker/dealer firms should have the ability to meet all their financial obligations in dealing with the City; 3) the firms, and individuals covering the agency, should be knowledgeable and experienced in public agency investing and the investment products involved; 4) no public deposit shall be made except in a qualified public depository as established by the established State laws; 4) all financial institutions and broker/dealers who desire to conduct investment transactions with the City may supply the Investment Officers with audited financial statements, proof of FINRA certification, trading resolution, proof of State of California registration, a completed broker/dealer questionnaire, certification of having read the City’s investment policy and depository contracts.

An annual review of the financial condition and registrations of qualified broker/dealer firms may be conducted by the City and a current audited financial statement requested for each financial institution and broker/dealer in which the City invests. In addition to other requirements, the Investment Officers shall give all approved broker-dealers a copy of the City’s current Statement of Investment Policy and a certification form. The completion and submission of the certification form by an approved broker-dealer shall constitute proof that it has received the City's Statement of Investment Policy, read it, and intends to comply with it. The Investment Officers shall keep current audited annual financial statements on file for each approved broker-dealer with which the City does business.

Where possible, transactions with broker/dealers shall be selected on a competitive basis and their bid or offering prices shall be recorded. If there is no other readily available competitive offering, the investment officer shall make their best efforts to document quotations for comparable or alternative securities.

8.0 Authorized Public Depositories

The Investment Officers shall maintain an Approved List of all financial institutions that the Finance Committee and the City Council have authorized as public depositories of City monies. This List shall be provided to all members of the City Council and the Finance Committee.

The City shall only deposit public monies in financial institutions that have: (1) an overall Community Reinvestment Act rating of not less than “satisfactory” of meeting the credit needs of California’s communities; (2) at least $100 million in total assets; (3) a core capital-to-total assets ratio of at least five percent; (4) favorable statistical ratings from a nationally recognized rating service, as determined by the Investment Officers; (5) a federal or a state charter; and (6) a branch office within San Bernardino County and/or Los Angeles County.

Under no circumstances shall the City’s deposits in a financial institution exceed the total shareholder’s equity of that institution.

Any financial institution that has City funds on deposit must comply with the requirements of Code Sections 53630 et seq., including collateralization of deposits. The Investment Officers may waive the collateralization requirements for any portion of the deposit that is covered by Federal Deposit Insurance. As provided by Code Section 53649, the City shall have a signed contract with each financial institution that has City funds on deposit.

9.0 Safekeeping and Custody

Investment Officers shall conduct all security transactions on a delivery-versus- payment ("DVP") or on a receipt-versus-payment ("RVP") basis. A third-party bank trust department ("Custodian") that acts as an agent for the City under the terms of a custody agreement executed between both parties shall hold the securities. The City's Custodian shall be represented on the Approved List.

The only exception to the foregoing shall be securities purchases made with: (1) local government investment pools; (2) money market mutual funds; and (3) Federal Reserve Banks ("Treasury Direct Program") since the purchased securities are not deliverable. No securities broker-dealer or investment advisor shall have access to City monies, accounts, or investments. Any transfer of monies to or through a securities broker-dealer must have the Investment Officers’ prior written approval. If they are unavailable, then the management authorization chain-of-command specified in section 4.0, paragraph 2 of this Statement of Investment Policy shall be followed.

The City shall not purchase more than $15 million of securities from the Custodian if the Custodian will subsequently be holding those securities in custody for the City.

The City shall require Broker Trade Confirmations for all trades. Investment Officers shall review these confirmations immediately upon receipt, for conformity with the terms of the City’s Trade Sheets.

10.0 Authorized Investments

The City’s investments are governed by Code, Sections 53600 et seq. Within the investments permitted by the Code, the City seeks to further restrict eligible investments to the guidelines listed below. In the event a discrepancy is found between this Statement of Investment Policy and the Code, the more restrictive parameters will take precedence. Percentage holding limits listed in this section apply at the time the security is purchased.

Any investment currently held at the time this Statement of Investment Policy is adopted which does not meet the new policy guidelines can be held until maturity and shall be exempt from the current policy. At the time of the investment’s maturity or liquidation, such funds shall be reinvested only as provided in the current policy.

An appropriate risk level shall be maintained by primarily purchasing securities that are of high quality, liquid, and marketable. The portfolio shall be diversified by security type and

institution to avoid incurring unreasonable and avoidable risks regarding specific security types or individual financial institutions.

10.01 United States Instruments

United States Treasury notes, bonds, bills, or certificates of indebtedness, or those for which the faith and credit of the United States are pledged for the payment of principal and interest. There is no limitation as to the percentage of City’s investment portfolio that may be invested in this category.

10.02 Federal Agency Securities

Federal agency or United States government-sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government -sponsored enterprises. There is no limitation as to the percentage of City’s investment portfolio that may be invested in this category. No more than 30 percent of the market value of the City's investment portfolio may be invested in any one issuer. No more than 40 percent of the market value of the City's investment portfolio may be invested in callable securities.

10.03 Municipal Securities

Bonds issued by the City, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the City or by a department, board, agency, or authority of the City. Purchases of any obligation of the City of Upland by an Enterprise Fund of the City shall not require a rating from a Nationally Recognized Statistical Rating Orga nization (NRSRO).

Registered state warrants or treasury notes or bonds of this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the state or by a department, board, agency, or au thority of the state.

Registered treasury notes or bonds of any of the other 49 states in addition to California, including bonds payable solely out of the revenues from a revenue -producing property owned, controlled, or operated by a state or by a department, board, agency, or authority of any of the other 49 states, in addition to California.

Bonds, notes, warrants, or other evidences of indebtedness of a local agency within this state, including bonds payable solely out of the revenues from a revenue -producing property owned, controlled, or operated by the local agency, or by a department, board, agency, or authority of the local agency.

Purchases are limited to securities rated in a rating category of “A” (long-term) or “A- 1” (short-term) or their equivalents or better by a NRSRO. No more than 30 percent of the market value of the City's investment portfolio shall be invested in this category.

10.04 Medium-Term Notes

Defined as all corporate and depository institutions debt securities with a maximum remaining maturity of five years or less issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States. Investment shall be limited to medium-term notes ("MTN") rated in a rating category of "A" or better by an NRSRO.

No more than 30 percent of the market value of the City's investment portfolio shall be invested in this category.

10.05 Bankers' Acceptances

Bankers’ acceptances (BAs) otherwise known as bills of exchange or time drafts that are drawn on and accepted by a commercial bank which have short-term debt obligations rated in the rating category of “A-1” or higher by a NRSRO. Purchases of BAs shall not exceed 180 days to maturity. No more than 40 percent of the market value of the City's investment portfolio shall be invested in this category.

10.06 Commercial Paper

Commercial paper of “prime” quality of the highest ranking or of the highest letter and number rating as provided for by a NRSRO. The entity that issues the commercial paper shall meet following criteria: (A) Is organized and operating in the United States as a general corporation; (B) Has total assets in excess of five hundred million do llars ($500,000,000), and (C) Has debt other than commercial paper, if any, that is rated in a rating category of “A” or its equivalent or better by an NRSRO. Purchases of CP shall not exceed 270 days to maturity. No more than 40 percent of the market value of the City's investment portfolio shall be invested in this category. If the City’s investable assets fall below $100 million, no more than 25 percent of the market value of the City's investment portfolio shall be invested in this category.

10.07 Asset Backed, Mortgage-Backed, Mortgage Pass-Through securities and Collateralized Mortgage Obligations

A mortgage passthrough security, collateralized mortgage obligation, mortgage - backed or other pay-through bond, equipment lease-backed certificate, consumer receivable passthrough certificate, or consumer receivable-backed bond with a maximum remaining maturity of five years or less. Securities shall be rated in a rating category of “AA” or its equivalent or better by an NRSRO. No more than 20 percent of the market value of the City's investment portfolio shall be invested in this category.

10.08 Negotiable Certificates of Deposit

Negotiable certificates of deposit issued by a nationally or state-chartered bank, a savings association, or a federal association, a state or federal credit union, or by a federally licensed or state-licensed branch of a foreign bank. Purchases are limited to securities rated in a rating category of “A” (long-term) or “A-1” (short-term) or their equivalents or better by an NRSRO. The Investment Officers can exempt from these rating requirements any Negotiable CDs for which the full amount of the CD

and the interest that may accrue shall at all times be covered by Federal Deposit insurance. No more than 30 percent of the market value of the City’s investment portfolio shall be invested in this category.

10.09 Money Market Mutual Funds

Money Market Mutual Funds investments shall be permitted in shares of beneficial interest issued by diversified management companies that are government money market funds ("MMF") registered with the SEC under the Investment Company Act of 1940. Commission (e.g., sales load on purchases, reinvested dividends, redemptions, and exchanges) shall not be included in the purchase of any fund shares. A qualifying MMF must have: (1) total portfolio net assets of $500 million or more; and (2) the highest rating of the two largest nationally recognized rating services OR an investment advisor who is registered with the SEC, and who has five years or more of experience investing for MMFs of $500 million or more in total portfolio net assets. The City shall require audited annual financial statements from each MMF in which it has public monies invested. No more than 20 percent of the market value of the City’s investment portfolio may be invested in this category.

10.10 Local Agency Investment Fund ("LAIF")

Investment shall be permitted in this pool which is organized and managed by the State Treasurer’s Office for the benefit of local agencies, pursuant to Code Section 16429.1. The City Council approved City participation in LAIF on February 22, 1977 in Resolution Number 2716. The Successor Agency to the Redevelopment Agency approved participation in LAIF on February 13, 2012 in Resolution Number 2012-4. Investment shall be limited to the maximum amount per legal entity that is permitted by the program.

10.11 Supranational Securities

United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter-American Development Bank. The securities shall be rated in a rating category of “AA” or its equivalent or better by a NRSRO. No more than 30 percent of the market value of the City’s investment portfolio may be invested in this category. No more than 10 percent of the market value of the City’s investment portfolio may be invested in any single issuer, and the maximum maturity shall not exceed five years.

10.12 Local Government Investment Pools (“LGIP”).

Shares of beneficial interest issued by a joint powers authority organized pursuant to Section 6509.7 that invests in the securities and obligations authorized by Code.

The City will limit investments to LGIPs that seek to maintain a stable net asset value. There is no limitation as to the percentage of City’s investment portfolio that may be invested in this category.

10.13 Placement Service Deposits.

Funds may be placed with a California financial institution that may utilize a private sector entity that assists in the placement of deposit with eligible financial institutions located in the United States in accordance with Code 53601.8. The full amount of the principal and the interest that may be accrued during the maximum term of the deposit shall always be insured by federal deposit insurance. No more than 30 percent of the market value of the City’s investment portfolios may be invested in this category. The maximum investment maturity will be restricted to five years.

10.14 Bank Deposits.

FDIC insured or fully collateralized demand deposit accounts, savings accounts, market rate accounts, or time certificates of deposits in financial institutions located in California. There is no limitation as to the percentage of City’s investment portfolio that may be invested in this category, however, no more than 25 percent of the market value of the portfolio may be invested in time deposits. The maximum investment maturity will be restricted to five years.

11.0 Prohibited Investments and Practices

Investment Officers shall not invest public monies in financial instruments that are not authorized under this Statement of Investment Policy.

Prohibited investments shall include, but shall not be limited to, equity securities, bond mutual funds, repurchase agreements, reverse repurchase agreements, and derivative contracts (forwards, futures, and options). The purchase of derivative securities shall be prohibited except for callable and for zero coupon Treasury ("STRIPS") securities.

Investment Officers shall not engage in securities lending, short selling, or other hedging strategies.

LAIF, LGIPs, and MMFs shall be exempt from the prohibitions on derivative contracts, derivative securities, repurchase agreements, reverse repurchase agreements, securities lending, short selling, and other hedging strategies.

12.0 Investment Pools

Investment Officers shall investigate all investment pools (LAIF, LGIPs, MMFs) prior to investing public monies and periodically thereafter while City public monies are invested in the investment pool.

13.0 Diversification

Investment Officers shall diversify the City's investment portfolio by security type and by issuer to avoid incurring unreasonable risks inherent in over-investing in specific instruments, individual financial institutions, or maturities. No more than 5 percent of the total portfolio market value may be invested in securities of any single issuer, except where the issuer is the US Government, its Agencies and GSEs, supranational securities, collateralized deposits,

LAIF, money market mutual funds or local government investment pools.

14.0 Maximum Maturity

For those investment types for which this Statement of Investment Policy does not specify a maturity limit, no individual investment shall exceed a maturity of five years from the date of purchase unless the City Council has granted express authority to make that investment either specifically or as a part of an investment program approved by the City Council no less than three months prior to the investment.

Additionally, the City may purchase a Municipal Security issued by the City from surplus moneys of any fund of the City as a part of an investment program approved by the legislative body no less than three months prior to the investment. This would include investments made to reduce the City’s Unfunded Accrued Liability (UAL) with California Public Employees’ Retirement System (CalPERS).

This Policy authorizes investing bond project and reserve funds beyond five years if the maturities of such investments do not exceed the expected use of the funds, the investments are deemed prudent in the opinion of the Investment Officers, and the investments are not prohibited by the applicable bond documents.

Maturities may vary from 1 day to five years at the investment officers’ discretion.

Municipal Securities of the City to reduce its UAL with CalPERS may have a maturity up to and not exceeding twenty years, and which shall be approved by the City Council. The portfolio should be managed in such a manner as to meet the City’s liquidity, safety, and capital preservation needs.

15.0 Portfolio Rebalancing

In the event that portfolio percentage constraints are violated due to a temporary imbalance in the portfolio, then Investment Officers may hold the affected securities to maturity in order to avoid capital losses. If no capital losses would be realized upon sale, however, then the Investment Officers shall consider rebalancing the portfolio after evaluating the expected length of time that it will be imbalanced. Portfolio percentage limits are in place in order to ensure diversification of the City investment portfolio; a small, temporary imbalance, not to exceed three months, will not significantly impair that strategy. Bond or note proceeds shall not be factored into the balance of the portfolio.

16.0 Credit Downgrading

This Statement of Investment Policy sets forth minimum credit risk criteria for each type of security. This credit risk criteria applies to the initial purchase of a security; it does not automatically force the sale of a security if its credit risk ratings fall below policy limits.

If a security is downgraded below the minimum credit risk criteria specified in this Statement of Investment Policy, then the Investment Officers shall evaluate the downgrade on a case -by- case basis in order to determine if the security should be held or sold.

The Investment Officers shall inform the Finance Committee at its next regular meeting of the credit downgrade and of the Investment Officer's decision to hold or sell the downgraded

security.

The Investment Officers shall review the credit standing of all securities in the City's investment portfolios on a semiannual basis.

17.0 Portfolio Benchmark

The City Treasurer shall monitor and evaluate the portfolio’s performance relative to a market benchmark, which will be included in the Treasurer's monthly report. The City Treasurer shall select an appropriate, readily available index to use as a market benchmark.

The City’s portfolios may be actively managed for purposes of improving portfolio risk structure, liquidity, or yield in response to market conditions or to meet City requirements.

18.0 Reporting

The Investment Officers shall provide a monthly report of investment transactions to the City Council and an investment report to the Finance Committee at the regularly scheduled meeting.

The investment report shall include a complete portfolio inventory with details on issue, par value, market value, coupon/rate, original settlement date of purchase, final maturity date, average weighted yield, and average days to maturity, and market value (including source of market valuation). The report will include a statement on compliance or noncompliance with the City’s Statement of Investment Policy and a statement on whether there are or are not sufficient funds to meet the City's anticipated cash requirements for the next six months.

19.0 Policy Review and Adoption

The Investment Officers shall submit a Statement of Investment Policy, including any recommended changes, to the City Council and the Successor Agency Board annually for their review and adoption.

GLOSSARY OF INVESTMENT TERMS

Agencies. Shorthand market terminology for any obligation issued by a government- sponsored entity (GSE), or a federally related institution. Most obligations of GSEs are not guaranteed by the full faith and credit of the US government. Examples are:

FFCB. The Federal Farm Credit Bank System provides credit and liquidity in the agricultural industry. FFCB issues discount notes and bonds.

FHLB. The Federal Home Loan Bank provides credit and liquidity in the housing market.

FHLB issues discount notes and bonds.

FHLMC. Like FHLB, the Federal Home Loan Mortgage Corporation provides credit and liquidity in the housing market. FHLMC, also called "Freddie Mac" issues discount notes, bonds, and mortgage pass-through securities.

FNMA. Like FHLB and Freddie Mac, the Federal National Mortgage Association was established to provide credit and liquidity in the housing market. FNMA, also known as "Fannie Mae," issues discount notes, bonds, and mortgage pass-through securities.

GNMA. The Government National Mortgage Association, known as "Ginnie Mae" issues mortgage pass-through securities, which are guaranteed by the full faith and credit of the US Government.

PEFCO. The Private Export Funding Corporation assists exporters. Obligations of PEFCO are not guaranteed by the full faith and credit of the US government.

TVA. The Tennessee Valley Authority provides flood control and power and promotes development in portions of the Tennessee, Ohio, and Mississippi River valleys. TVA currently issues discount notes and bonds.

Asked. The price at which a seller offers to sell a security.

Asset Backed Securities. Securities supported by pools of installment loans or leases or by pools of revolving lines of credit.

Average Life. In mortgage-related investments, including CMOs, the average time to expected receipt of principal payments, weighted by the amount of principal expected.

Bankers' Acceptance. A money market instrument created to facilitate international trade transactions. It is highly liquid and safe because the risk of the trade transaction is transferred to the bank which "accepts" the obligation to pay the investor.

Benchmark. A comparison security or portfolio. A performance benchmark is a partial market index, which reflects the mix of securities allowed under a specific investment policy.

Bid. The price at which a buyer offers to buy a security.

Broker. A broker brings buyers and sellers together for a transaction for which the broker receives a commission. A broker does not sell securities from his own position.

Callable. A callable security gives the issuer the option to call it from the investor prior to its maturity. The main cause of a call is a decline in interest rates. If interest rates decline since an issuer issued a security, the issuer will likely call its current securities and reissue them at a lower rate of interest. Callable securities have reinvestment risk as the investor may receive its principal back when interest rates are lower than when the investment was initially made.

Certificate of Deposit (CD). A time deposit with a specific maturity evidenced by a certificate.

Large denomination CDs may be marketable.

Collateral. Securities or cash pledged by a borrower to secure repayment of a loan or repurchase agreement. Also, securities pledged by a financial institution to secure deposits of public monies.

Collateralized Mortgage Obligations (CMO). Classes of bonds that redistribute the cash flows of mortgage securities (and whole loans) to create securities that have different levels of prepayment risk, as compared to the underlying mortgage securities.

Commercial Paper. The short-term unsecured debt of corporations.

Cost Yield. The annual income from an investment divided by the purchase cost. Because it does not give effect to premiums and discounts which may have been included in the purchase cost, it is an incomplete measure of return.

Coupon. The annual rate of interest which is paid on a bond.

Credit Risk. The risk that principal and/or interest on an investment will not be paid in a timely manner due to changes in the condition of the issuer.

Current Yield. The annual income from an investment divided by the current market value.

Since the mathematical calculation relies on the current market value rather than the investor’s cost, current yield is unrelated to the actual return the investor will earn if the security is held to maturity.

Dealer. A dealer acts as a principal in security transactions, selling securities from and buying securities for his own position.

Debenture. A bond secured only by the general credit of the issuer.

Delivery vs. Payment (DVP). A securities industry procedure whereby payment for a security must be made at the time the security is delivered to the purchaser’s agent.

Derivative. Any security that has principal and/or interest payments which are subject to uncertainty (but not for reasons of default or credit risk) as to timing and/or amount, or any security which represents a component of another security which has been separated from other components ("Stripped" coupons and principal). A derivative is also defined as a financial instrument the value of which is totally or partially derived from the value of another instrument, interest rate, or index.

Discount. The difference between the par value of a bond and the cost of the bond, when the cost is below par. Some short-term securities, such as T-bills and banker’s acceptances, are known as discount securities. They sell at a discount from par and return the par value to the investor at maturity without additional interest. Other securities, which have fixed coupons, trade at a discount when the coupon rate is lower than the current market rate for securities of that maturity and/or quality.

Diversification. Dividing investment funds among a variety of investments to avoid excessive exposure to any one source of risk.

Duration. The weighted average time to maturity of a bond where the weights are the present values of the future cash flows. Duration measures the price sensitivity of a bond to changes in interest rates. (See modified duration).

Federal Deposit Insurance Corporation (FDIC). An independent US agency that insures bank deposits, including deposits in a checking account, negotiable order of withdrawal (NOW) account savings account, money market deposit account (MMDA), time deposit such as a certificate of deposit (CD), or an official item issued by a bank (such as a cashier's check or money order), currently up to $250,000 per depositor, per issued bank, for each account ownership category.

Federal Funds Rate. The rate of interest charged by banks for short-term loans to other banks.

The Federal Reserve Bank through open-market operations establishes it.

Federal Open Market Committee. A committee of the Federal Reserve Board that establishes monetary policy and executes it through temporary and permanent changes to the supply of bank reserves.

Investment Advisor. As defined by the Investment Advisors Act of 1940, any person or group that makes investment recommendations or conducts securities analysis in return for a fee, whether through direct management of client assets or via written publications. An investment advisor who has sufficient assets to be registered with the SEC is known as a Registered Investment Advisor, or RIA. Investment advisors are prohibited from disseminating advice known to be deceitful or fraudulent and from acting as a principal on their own accounts by buying and selling securities between themselves and a client without prior written consent.

Leverage. Borrowing funds in order to invest in securities that have the potential to pay earnings at a rate higher than the cost of borrowing.

Liquidity: The speed and ease with which an asset can be converted to cash without a substantial loss in value

Local Agency Investment Fund (LAIF). The aggregate of all funds from political subdivisions that are placed in custody of the State Treasurer for investment and reinvestment.

Local Government Investment Pool (LGIP). A comingled investment pool comprised of funds from political subdivisions that are placed in custody of the program for investment and reinvestment.

Make Whole Call. A type of call provision on a bond that allows the issuer to pay off the remaining debt early. Unlike a call option, with a make whole call provision, the issuer makes a lump sum payment that equals the net present value (NPV) of future coupon payments that will not be paid because of the call. With this type of call, an investor is compensated, or "made whole.11

Margin: The difference between the market value of a security and the loan a broker makes using that security as collateral.

Market Risk. The risk that the value of securities will fluctuate with changes in overall market conditions or interest rates.

Market Value. The price at which a security can be traded.

Marking to Market. The process of posting current market values for securities in a portfolio.

Maturity. The final date upon which the principal of a security becomes due and payable.

Medium Term Notes. Unsecured, investment-grade senior debt securities of major corporations which are sold in relatively small amounts on either a continuous or an intermittent basis. MTNs are highly flexible debt instruments that can be structured to respond to market opportunities or to investor preferences.

Modified Duration. The percent change in price for a 100 basis point change in yields.

Modified duration is the best single measure of a portfolio's or security’s exposure to market risk.

Money Market. The market in which short-term debt instruments (T-bills, discount notes, commercial paper, and banker’s acceptances) are issued and traded.

Mortgage Pass-Through Securities. A securitized participation in the interest and principal cash flows from a specified pool of mortgages. Principal and interest payments made on the mortgages are passed through to the holder of the security.

Municipal Securities. Securities issued by state and local agencies to finance capital and operating expenses.

Mutual Fund. An entity which pools the funds of investors and invests those funds in a set of securities which is specifically defined in the fund's prospectus. Mutual funds can be invested

in various types of domestic and/or international stocks and bonds, and money market instruments, as set forth in the individual fund’s prospectus. For most large, institutional investors, the costs associated with investing in mutual funds are higher than the investor can obtain through an individually managed portfolio.

Nationally Recognized Statistical Rating Organization (NRSRO). A credit rating agency that the Securities and Exchange Commission in the United States uses for regulatory purposes. Credit rating agencies provide assessments of an investment's risk. The issuers of investments, especially debt securities, pay credit rating agencies to provide them with ratings.

The three most prominent NRSROs are Fitch, S&P, and Moody's.

Premium. The difference between the par value of a bond and the cost of the bond, when the cost is above par.

Prepayment Speed. A measure of how quickly principal is repaid to investors in mortgage securities.

Prepayment Window. The time period over which principal repayments will be received on mortgage securities at a specified prepayment speed.

Primary Dealer. A financial institution (1) that is a trading counterparty with the Federal Reserve in its execution of market operations to carry out U.S. monetary policy, and (2) that participates for statistical reporting purposes in compiling data on activity in the U.S.

Government securities market.

Prudent Person (Prudent Investor) Rule. A standard of responsibility which applies to fiduciaries. In California, the rule is stated as "Investments shall be managed with the care, skill, prudence and diligence, under the circumstances then prevailing, that a prudent person, acting in a like capacity and familiar with such matters, would use in the conduct of an enterprise of like character and with like aims to accomplish similar purposes."

Realized Yield. The change in value of the portfolio due to interest received and interest earned and realized gains and losses. It does not give effect to changes in market value on securities, which have not been sold from the portfolio.

Regional Dealer. A financial intermediary that buys and sells securities for the benefit of its customers without maintaining substantial inventories of securities and that is not a primary dealer.

Repurchase Agreement (RP, Repo). Short-term purchases of securities with a simultaneous agreement to sell the securities back at a higher price. From the seller’s point of view, the same transaction is a reverse repurchase agreement.

Safekeeping. A service to bank customers whereby securities are held by the bank in the customer’s name.

Structured Note. A complex, fixed income instrument, which pays interest, based on a formula tied to other interest rates, commodities, or indices. Examples include inverse floating rate notes which have coupons that increase when other interest rates are falling, and which fall when other interest rates are rising, and "dual index floaters," which pay interest based on the

relationship between two other interest rates - for example, the yield on the ten-year Treasury note minus the Libor rate. Issuers of such notes lock in a reduced cost of borrowing by purchasing interest rate swap agreements.

Supranational. A Supranational is a multi-national organization whereby member states transcend national boundaries or interests to share in the decision making to promote economic development in the member countries.

Time Deposit. A savings account or certificate of deposit (CD) that pays a fixed rate of interest until a given maturity date.

Total Rate of Return. A measure of a portfolio's performance over time. It is the internal rate of return, which equates the beginning value of the portfolio with the ending value; it includes interest earnings, realized and unrealized gains, and losses in the portfolio.

U.S. Treasury Obligations. Securities issued by the U.S. Treasury and backed by the full faith and credit of the United States. Treasuries are considered to have no credit risk and are the benchmark for interest rates on all other securities in the US and overseas. The Treasury issues both discounted securities and fixed coupon notes and bonds.

Treasury Bills. Treasury securities issued with initial maturities of one year or less are issued as discounted instruments and are called Treasury bills. The Treasury currently issues three- and six-month T-bills at regular weekly auctions. It also issues "cash management" bills as needed to smooth out cash flows.

Treasury Notes. Treasury securities issued with initial maturities of two to ten years are called Treasury notes and pay interest semi-annually.

Treasury Bonds. Treasury securities issued with initial maturities greater than ten years are called Treasury bonds. Like Treasury notes, they pay interest semi-annually.

Volatility. The rate at which security prices change with changes in general economic conditions or the general level of interest rates.

Yield to Maturity. The annualized internal rate of return on an investment which equates the expected cash flows from the investment to its cost.

DATE: June 10, 2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: ROBERT D. DALQUEST, DEVELOPMENT SERVICES DIRECTOR SUBJECT: CONSIDERATION OF AN AGREEMENT TO PROVIDE CONCEPTUAL AND SCHEMATIC

DESIGN AND PRELIMINARY ENGINEERING SERVICES FOR PARKING STRUCTURE IN

DOWNTOWN UPLAND

RECOMMENDED ACTION:

It is recommended that the City Council approve the professional services agreement with Watry Design, Inc. for a not to exceed amount of $337,610 to complete conceptual and schematic design and preliminary engineering services for a multiple story parking structure in Downtown Upland; appropriate American Rescue Plan Act funds to the project account to cover the agreement, and authorize the City Manager to execute the a greement and any future amendments within the City Manager’s authority.

GOAL STATEMENT
The proposed action supports the City's goal to ensure the economic vitality of Downtown through the development of a parking structure that will enable several existing parking lots that take up valuable space in the Downtown area to be developed with additional density and mix of uses.

BACKGROUND
The Historic Downtown Upland Specific Plan was adopted in 2011 and lays out the vision, goals and objectives, design standards, and infrastructure and streetscape improvement to facilitate the revitalization of Downtown. A policy in the Specific Plan is to provide strategically located parking structures as demand arises so that patrons and visitors are able to “park once” and walk throughout the Downtown, and eventually to eliminate the need for on-site parking in some locations. This would enable the development of a critical mass of commercial and residential uses that are essential for the Downtown’s economic vitality and unique sense of place.

In October 2021, the City Council approved an Investment Plan for the use of $15.2 million of American Rescue Plan Act (ARPA) funding received from the U.S. Department of Treasury. ARPA funds must be encumbered by December 31, 2024, and expended by December 31, 2026. The Investment Plan includes several projects to help revitalize the Downtown, including $75,000 to hire a consultant to conduct a Feasibility Study for the construction of a parking structure. Revitalization of the Downtown was one of four priorities identified in a survey the City conducted in August 2021 to find out what Upland residents and businesses considered their top priorities.

On May 1, 2024, the Board of Directors of the San Bernardino County Trans portation Authority (SBCTA) approved to hold for six months the approximately $1.6 million in proceeds from the sale of SBCTA’s surplus land in Upland (Stowell Street Properties) for the City’s project to develop parking improvements near the Upland Metrol ink Station.

This was the second extension the SBCTA Board gave Upland for the opportunity to: a) further develop plans and engineering for a new parking structure; b) seek out additional funding sources for said parking structure; and c) to present a plan to SBCTA staff for the allocation of the sale proceeds. The Board’s vote was not unanimous and when this comes back to them in six months, the City risks losing this money depending on the progress that is shown in developing a parking structure in Downtown.

ISSUES AND ANALYSIS
On March 19, 2024, staff issued a Request for Proposal (the “RFP”) to six (6) qualified parking structure consulting firms. The RFP requested the consulting firms to consider two scenarios which included: a) a “standalone” multi ple story parking structure on the parking lot at the southeast corner of C Street & First Avenue. The is the largest parking lot in Downtown and can accommodate a footprint of approximately 140 feet in width by 263 feet in length (See Attachment A); or b) a “span-over” design where the parking structure is constructed on the parking lots at the northeast and southeast corners of C Street and First Avenue and designed with the second and above stories spanning

over C Street (See Attachment A-1). This design could accommodate a footprint of approximately 140 feet in width by 510 feet in length.

The scope of work in the RFP provided general parameters for the proposed parking structure’s design based on the initial feasibility of either the “standalone design” or the “span-over design”. These include the following:

 The parking structure should be designed to park approximately ±400 vehicles.  The parking structure should be three to four levels including street grade.  The parking structure should be designed to maximize the amount of area available for parking and minimize the amount of area needed for access ramps. This layout design may include double -loaded parking aisles with diagonal slots to optimize the number of vehicles that can be accommodated within the given width of the site.
 The parking structure should be designed with a guard rail height for the top level that does not exceed ±55 feet above the base ground level (street level).
 Two conceptual architectural designs to be developed for staff’s review and selection for the final project’s architectural design plans.
 The parking structure’s design to consider whether storefronts at the ground level along one of the street frontages is feasible from a cost/benefit perspective.
 The parking structure should include electric vehicle charging stations at ground level, possibly a photovoltaic shade canopy for the roof deck, and any necessary street improvements to C Street and First Avenue.
 The parking structure should be designed to interface with the alley to the east for vehicular and/or pedestrian circulation, which may include pedestrian improvements along the east alley.  The parking structure’s design should include a trash enclosure(s) to service the businesses that are adjacent to the east along this parking area.

Conceptual and schematic designs and preliminary engineering would be completed to address the parameters in the RFP. Initially, two public workshops would be conducted with different stakeholders to obtain feedback.

Architectural façade design concepts and renderings would then be developed for a workshop with the Planning Commission and with the City Council. At the end of this phase, staff will work with the consultant to develop a schematic design set of plans with the chosen option. Cost estimates for the project’s final design will be prepared.

The project’s final design plans and all exhibits would be used to process the parking structure through the planning process for land use entitlements. Staff is currently in discussion with the City Attorney to determine the appropriate California Environmental Quality Act (CEQA) document that will be required for the project. The RFP does not include CEQA compliance, and this will be handled by Staff which will require additional funding, as well as funding for a boundary/topography map and a geotechnical report that is needed to start the project. Staff is currently getting estimates for these two documents.

On April 18th, the City received three proposals. A panel composed of two Public Works Engineering staff and the Development Services Director evaluated the proposals received, and based on their responsiveness, ranked the proposals, and averaged the rankings. The panel concluded that Watry Design, Inc. showed the most compreh ensive and thorough response to the RFP and understanding of the work to be completed (See Attachment C).

Watry Design’s fee proposal is $337,610 for the required tasks and is considered a fair price for the work effort and deliverables required as identified in the RFP. The Watry Design proposal is configured into two phases. Phase 1 includes the concept design and Phase 2 is the schematic design phase. Watry Design is a preeminent parking structure design firm and provided fifteen (15) examples of park ing structures they designed for municipalities and public agencies in their proposal.

The schedule provided in Watry Design’s proposal for the Downtown Parking Structure is thirteen (13) weeks for Phase 1 and nine (9) weeks for Phase 2. Additional time will be necessary to complete the CEQA document and to process the land use entitlements.

ENVIRONMENTAL DETERMINATION
Staff determined that the professional services agreement with Watry Design is exempt from review under the California Environmental Quality Act ("CEQA") pursuant to §15061(b)(3) of the CEQA Guidelines. This is known as the commonsense exemption covering activities with no possibility of having a significant effect on the

environment. The professional services agreement only concerns conceptual and schematic design work and does not entail any development approval of the project or other physical change to the environment. Once the scope of work is completed, the plans will be used to process the land use entitlement where the CEQA document will be prepared at that time.

FISCAL IMPACTS
The Investment Plan for the ARPA funding included $75,000 to hire a consultant to conduct a feasibility study for a parking structure somewhere in Downtown. However, Staff determined that the proposed location was the most feasible for Downtown and went forward with the RFP to hire a parking structure consulting firm to design the parking structure at the C Street and First Avenue location. Also, the City was at risk in May from the SBCTA Board deciding to keep the $1.6 Million proceeds from their Upland property sale if the City had not shown progress in the design and development of a parking structure in Downtown near the Metrolink Station.

The total cost of the professional services agreement will not exceed $337,610 and will be funded with ARPA funds.

If the City Council approves the agreement and the appropriation of ARPA funds, a project account number will be assigned.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Determined to be Exempt pursuant to §15061(b)(3) of the CEQA Guidelines.

Attachment A
140 feet
263 feet

Attachment A-1
140 feet
510 feet

1 CITY OF UPLAND

PROFESSIONAL SERVICES AGREEMENT

This Agreement is made and entered into as of June 10, 2024 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 Watry Design, Inc., a California Corporation with its principal place of business at 3780 Kilroy Airport Way, Suite 220, Long Beach California 90806 (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:

Conceptual and schematic design and preliminary engineering services for a multiple-story parking structure in the Historic Downtown area in the City of Upland (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 $337,610.00. 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 Work, 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 and Additional Work) exceed fifty thousand dollars ($50,000.00). Any additional work in excess of this amount shall be approved by the City Council.

2 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 as set forth in Exhibit C – Project Schedule. 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. 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

3 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. 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.

4 (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).
(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

5 (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 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

6 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, 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:

7 (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.

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.

8 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.

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. 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.

9 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.
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 Taylor Kim 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

10 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:

DISTRICT:

City of Upland
460 N. Euclid Avenue
Upland, CA 91786
Attn: Development Services Director
CONSULTANT:

Watry Design, Inc.
3780 Kilroy Airport Way
Long Beach, CA 90806
Attn: Michael Pendergrass, Principal-in-
Charge

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, layoff 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 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.

11 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.

[SIGNATURES ON FOLLOWING PAGE]

12 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN CITY OF UPLAND
AND WATRY DESIGN, INC.

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

CITY OF UPLAND WATRY DESIGN, INC.

By: By:

Michael Blay,
City Manager Its: Principal-in-Charge

Printed Name: Michael Pendergrass
ATTEST: By:

Its: Principal_____
By:

Keri Johnson Printed Name: Jess McInerney
City Clerk

13 EXHIBIT A
Scope of Services

San Jose, CA | Long Beach, CA
watrydesign.com
EXHIBIT A – SCOPE OF WORK

Concept Design Phase

1. Kick off meeting with the client, 1 in-person meeting in Upland

2. Coordination and preparation meeting with the client, 4 online meetings

3. Attend 1 City Council and 1 Planning Commission meeting, in-person in Upland

4. Attend 2 workshops/stakeholder meetings, in-person in Upland

5. Review site information and program requirements provided by the client

6. Research parking regulations and zoning information for the local jurisdiction

7. Develop 3 total alternate conceptual parking layouts for the two site options:
a. Parking structure on the SE corner of N First Street and C Street approximately 263’ x 140’
b. Parking structure spanning over C Street approximately 510’ x 140’

8. Each alternate concept will include the following design elements a. Ramping and circulation
b. Floor to floor heights and overall building height
c. Pedestrian and vehicular access
d. Grid layout with preliminary structural layout
e. EV and ADA parking required by code
f. Parking summation

9. Review with the Client alternative approaches to the architectural design and provide 2 architectural façade design concepts on a single parking layout concept

10. Provide a cost benefit analysis for ground floor commercial/retail space for potential cost recovery factors

11. Provide a projection of ongoing operations and maintenance costs, and identify potential revenue sources such as parking fees and lease arrangements.

12. Civil
a. Provide site development restrictions that may impact design concepts. Provide review of design compliance to confirm design feasibility.

13. Landscape
a. Prepare 3 color-rendered illustrative conceptual landscape plan for each parking layout concept, including decorative pedestrian hardscape, tree, shrub and ground cover areas. b. Prepare 2 photo image boards

14. MEP
a. Basis of Design narrative for 3 parking options to inform a high level cost estimate b. Provide concept solar PV power generation system including energy production stimates

15. Deliverables
a. Architectural floor plans
b. Elevations (4)
c. Building sections (2)
d. 3D massing model and renderings (2)

City of Upland Page 2 of 3
WDI 24020 May 28, 2024

San Jose, CA | Long Beach, CA
watrydesign.com
e. Preliminary landscape plans
f. Basis of design narrative

Schematic Design Phase

1. Coordination meeting with the client, 4 online meetings

2. Establish the structural design criteria which may include but is not limited to:
a. Deflection Criteria
a. Lateral Movement Criteria
b. Live Load Criteria
c. Other Special Criteria furnished by the Owner
d. Provide structural criteria for the geotechnical engineer

3. Civil Design
a. Contact the City and utility companies that serve the site or have utilities within the adjacent streets. We will gather the available record drawings and/or block maps to depict the record location of the utilities superimposed onto the existing topographic basemap survey
b. Preliminary civil design documents including the following:
i. Existing conditions plan
ii. Site Demolition Plan
iii. Horizontal Control / Site Improvement Plan
iv. Preliminary Grading and Drainage Plan
v. Composite (Wet) Utility
vi. Preliminary Water Quality Management
vii. Preliminary Stormwater Control Plan

4. Landscape
a. Prepare 2 final photo image boards
b. Update final landscape plans and images

5. MEP
a. Basis of Design narrative for 1 chosen parking structure b. Input and coordination of MEP room locations and reuqiremnets for buildng design c. PV system design including site plans and energy production estimates for the chosen parking option.

6. Based on the chosen parking option, the initial study for the parking structure shall be provided in compliance with CEQA requirements. The following drawings shall be submitted:

a. Parking Level Plans
b. Structural Framing Plans
c. Structural Calculations as needed
d. Exterior Elevations
e. Building Cross Sections
f. Typical Wall Sections as needed
g. 3D Model of the building depicting the architectural design solution h. Civil site plans

City of Upland Page 3 of 3
WDI 24020 May 28, 2024

San Jose, CA | Long Beach, CA
watrydesign.com
i. Landscape plans, elevations & images
j. Basis of design for building systems

14 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.

EXHIBIT B – FEES

*Arch/Parking Reimbursable include $8,000 for rendering services

ARCH/PARKING STRUCTURAL CIVIL LANDSCAPE MEP COST ESTIMATING FINANCE TOTAL PHASE 1: CONCEPT DESIGN 75,000$ 10,000$ 10,050$ 42,180$ 10,000$ -$ 14,000$ 161,230$ PHASE 2: SCHEMATIC DESIGN 50,000$ 25,000$ 56,950$ 7,670$ 10,000$ 14,960$ -$ 164,580$ TOTAL 125,000$ 35,000$ 67,000$ 49,850$ 20,000$ 14,960$ 14,000$ 325,810$ REIMBURSABLE EST.*10,000$ -$ 1,000$ 300$ -$ -$ 500$ 11,800$ GRAND TOTAL 135,000$ 35,000$ 68,000$ 50,150$ 20,000$ 14,960$ 14,500$ 337,610$

San Jose, CA | Long Beach, CA
watrydesign.com

2024 Hourly Rates

Principal 310
Director 280
Associate Principal 270
Associate Director 260
Senior Project Manager 250
Project Manager 240
Assistant Project Manager 230
Senior Job Captain 220
Job Captain 210
Senior Designer 200
Staff Designer 190
Project Administrator 160
Administrator 140
Condition Assessment 340
Legal Expert 470
Depositions 570
Litigation 690

Costs for Reimbursables

Reimbursable Expenses - Expenses including, the costs of out of town travel (such as airfare, and hotel), mileage, parking, printing, typography, delivery, photography, and models shall be billed by Watry Design, Inc. at cost plus 10%. Mileage is billed at 67 cents per mile. In house large format copies are billed at $2.00 per sheet for black and white and $5.00 per sheet for color.

April 14, 2024

BKF ENGINEERS PROFESSIONAL SERVICES RATE SCHEDULE
EFFECTIVE JANUARY 1, 2024

CLASSIFICATION HOURLY RATE

PROJECT MANAGEMENT
Principal $302.00
Senior Associate Principal $280.00
Associate Principal $273.00
Senior Project Manager | Senior Technical Manager $265.00 Project Manager | Technical Manager $260.00
Engineering Manager | Surveying Manager | Planning Manager $239.00

TECHNICAL STAFF
Senior Project Engineer | Senior Project Surveyor | Senior Project Planner $222.00 Project Engineer | Project Surveyor | Project Planner $195.00 Design Engineer | Staff Surveyor | Staff Planner $170.00 BIM Specialist I, II, III $170.00 - $195.00 - $222.00
Technician I, II, III, IV $162.00 - $172.00 - $189.00 - $203.00 Drafter I, II, III, IV $127.00 - $139.00 - $150.00 - $167.00 Engineering Assistant | Surveying Assistant | Planning Assistant $106.00

FIELD SURVEYING
Survey Party Chief $222.00
Instrument Person $190.00
Survey Chainperson $143.00
Utility Locator I, II, III, IV $116.00 - $164.00 - $197.00 - $224.00 Apprentice I, II, III, IV $88.00 - $118.00 - $130.00 - $138.00

CONSTRUCTION ADMINISTRATION
Senior Consultant $290.00
Senior Construction Administrator $253.00
Resident Engineer $188.00
Field Engineer I, II, III $170.00 - $195.00 - $222.00

FUNDING & GRANT MANAGEMENT
Director of Funding Strategies $208.00
Funding Strategies Manager $190.00
Funding/Research Analyst I, II, III, IV $130.00 - $150.00 - $160.00 - $176.00

PROJECT ADMINISTRATION
Project Coordinator $142.00
Senior Project Assistant $122.00
Project Assistant $108.00
Clerical | Administrative Assistant $90.00
Expert witness rates are available upon request. Subject to the terms of a services agreement:
• Charges for outside services, equipment, materials, and facilities not furnished directly by BKF Engineers will be billed as reimbursable expenses at cost plus 10%. Such charges may include, but shall not be limited to: printing and reproduction services; shipping, delivery, and courier charges; subconsultant fees and expenses; agency fees; insurance; transportation on public carriers; meals and lodging; and consumable materials. • Allowable mileage will be charged at the prevailing IRS rate per mile. • Monthly invoices are due within 30 days from invoice date. Interest will be charged at 1.5% per month on past due accounts.
• The rates shown are subject to periodic increases, including January 1st of each year.

Classification Hourly Rate
Principal 290.00$
Certified Irrigation Designer / Auditor 185.00$
Senior Project Manager / Landscape Architect 185.00$
Project Manager / Landscape Architect 175.00$
Design Staff II 125.00$
Design Staff I 110.00$
Admnistrative Staff 100.00$
• CAD plotting of check sets and presentation drawings • Outside service scanning, printing, copying of drawings and documents of any size. • In-house project related printing / copying (black/white and color), including draft and final reports, specifications, and drawings.
• Postage, delivery, and messenger service (prior client approval) • Renderings, physical and digital scale models and animations. • Videos, web services, opinion surveys.
• Travel expenses, including mileage, tolls, lodging and meals. • Presentation boards.
• Software purchase and licensure on behalf of the client.

Hourly Billing Rates will be updated no more than once a year from the date of executed agreement. 2024 Rates effective through 12/31/2024
2024 HOURLY RATE SCHEDULE
Attachment A
Reimbursable expenses related to the project, whether for in-house, consultant or client use will be billed at 1.15 times direct cost. Such expenses include, but are not necessarily limited to:

HOURLY PROFESSIONAL MEP ENGINEERING SERVICES

Principal ____________________________ $250.00
Associate ___________________________ $220.00
Project Manager _____________________ $200.00
Project Engineer ______________________ $160.00
Senior Designer ______________________ $135.00
Designer ____________________________ $110.00
CAD Operator ________________________ $85.00
Administrative _______________________ $75.00

Principals
Michael Akavan, PE, LEED AP
Roy Campbell, PE, LEED AP
Jerry Coult, CPD, LEED AP
Daniel Grammier, PE, LEED AP
Brian Hahnlen
Richard Hernandez, CPD, LEED AP
Eric Leftwich, PE
Vincent Luna, PE
Tom Lunneberg, PE, LEED AP BD+C, CxA
David Noji, LEED AP
Shahab Salehi, PE, LEED AP
Dwayne Sattler, CPD
Harold Stueven, PE
Benny Sy, PE, CPD
Ray Thompson
Vincent Vegas, PE, CPD, LEED AP

Fee Schedule -2024
Rate
Cost estimating manager $ 197
Senior cost estimator $ 187
Cost estimator II $ 172
Cost estimator I $ 162

Billing Rates
The following billing rates will be applied to the Project.

Name Billing Rate
Lance Harris $180

15 EXHIBIT C
Project Schedule

EXHIBIT C – SCHEDULE

Nov
Duration 10 17 24 1 8 15 22 29 5 12 19 26 2 9 16 23 30 7 14 21 28 4

PROJECT SCHEDULE
PHASE 1: Concept Design 13 WEEKS
Kickoff Meeting 1 DAY
Preliminary Parking Options 3 WEEKS
Client Meeting (Review Prelim Options) 1 DAY 
Parking Option Revisions 2 WEEKS
Public Workshop #1 1 DAY
Produce Arch Design 3 WEEKS
Produce Renderings 2 WEEKS
Client Meeting 1 DAY 
City Council Meeting 1 DAY
Parking Option Revisions 2 WEEKS
Client Meeting 1 DAY 
Planning Commission Meetings 1 DAY
Parking Option Revisions 2 WEEKS
Public Workshop #2 1 DAY
Client Meeting 1 DAY 
PHASE 2: Schematic Design 9 WEEKS
Client Kick-Off Meeting 1 DAY
SD Kick-Off Consultant Onboarding 1 WEEK
Schematic Design 6 WEEKS
50% SD Client Meeting 1 DAY 
Update Renderings 1 WEEK
Final SD Package 1 WEEK
Client Meeting 1 DAY 
 Denotes Client Reviews
June July August September October

IT’S THE PARKING!IT’S NOT THE JOURNEY,
San Jose, CA | Long Beach, CA
833.917.PARK (7275)
www.watrydesign.com
Watry Design Proposal Response
Engineering Services & Conceptual & Schematic
Design of a Multiple Story Parking Structure

1 TABLE OF CONTENTS
Tab 1: Cover Letter
Tab 2: Project Approach
Tab 3: Proposer's Experience & History
Tab 4: Project Team Organization
Tab 5: Staffing Summary
Tab 6: Statement of Availability
Tab 7: Our Uniqueness
Tab 8: Consultant Fees
“The entire team far exceeded our expectations in facilitating the completion of the projects on time and within budget, even with several major hurdles.”
- Mark Zakhour, Parking Structures 2 & 3
California State University, Long Beach

Dear Robert & Selection Committee:

Watry Design, Inc. shares the City of Upland's vision to support your thriving, historic downtown with well-integrated parking.

Parking is often the first experience that people have when they arrive at a destination and we believe it should be a positive one. Our team of parking experts, who offer an extensive portfolio of municipal projects in Southern California and beyond, is uniquely positioned to partner with the City to design a “park once” facility that elevates the user experience and celebrates your historic downtown.

Exceptional Track Record of On-Schedule, On-Budget Delivery Our team's passion for parking fuels creative solutions to our client's problems. That passion combined with our extensive experience designing projects very similar to this one translate to parking solutions that fit your unique needs, delivered within your schedule and your budget. The passionate team we have assembled for the City of Upland includes Michael Pendergrass, AIA, with over 20 years of experience designing parking solutions, working with stakeholders and ensuring expectations are met. Taylor Kim, AIA, will leverage over 15 years of experience in parking design to manage the project. Chris Maulino, PE, will utilize over 10 years of experience to ensure the development of a highly efficient structural system. Our team is dedicated to making our clients look good and believes the best testament to this commitment is our references, which we invite you to call.

Integrating Parking Into a Historically Significant Downtown Since our architects, engineers and parking planners specialize in the design of a supportive building type – parking – we are experts in designing parking that matches or compliments the architectural context of a location and in integrating its functionally into the site. Having completed over 150 municipal parking projects, the Watry Design team understands how to work with your City to develop the Conceptual Design you are looking for, as well as the resulting parking structure that meets or exceeds expectations. Our team has developed parking garages in historically rich downtowns such as Whittier, San Luis Obispo and Orange, as well as in a wide array of architectural styles. In addition to those projects we have featured in our proposal, you can find additional examples of our extensive municipal projects on our web site at watrydesign.com/projects/types/government.

Watry Design’s Client-Focused Philosophy & Services
Using a unique process developed over our 45 plus year legacy, each member of our team is empowered to provide their professional expertise in every aspect of planning and design. This gives our clients the collective knowledge and experience of our entire staff. This collaborative methodology enables us to develop parking solutions that are functional, cost-effective and that our clients and their communities are proud of.

Specialization in parking, a team of highly experienced professionals, and a record of delivering on-time and within budget describes the way we do business. We take pride in our work and it shows in every project. We are excited about the potential opportunity to work with the City of Upland. We appreciate your consideration and look forward to hearing from you.

Sincerely,
Michael Pendergrass, Principal-in-Charge Taylor Kim, Project Manager [email protected] [email protected] April 17, 2024
Robert D. Dalquest, AICP
Development Services Director
Development Services Department
City of Upland
460 N. Euclid Avenue
Upland, CA 91786
architects
engineers
parking
planners

1. COVER LETTER
San Jose | Long Beach | (833)-917-PARK (7275) | watrydesign.com IT’S NOT THE JOURNEY, IT’S THE PARKING!
Watry Design Long Beach
3780 Kilroy Airport Way
Suite 220
Long Beach, CA 90806

3 2. PROJECT APPROACH
Watry Design, Inc.’s approach to this project begins with clearly understanding the project’s goals from the City’s perspective. To meet future demand and allow redevelopment of several existing surface lots, the proposed parking structure will park a minimum of 400 vehicles on a minimum of three to a maximum of four levels and serve as a “park once” facility to downtown patrons. Watry Design will evaluate multiple scenarios for the structure, including a standalone parking structure on the southeast corner of C Street & First Avenue, as well as a design that spans C Street and utilizes both this lot and the smaller public lot on the northeast corner of C Street and First Avenue.

We have engaged Pro Forma Advisors to develop a cost/benefit analysis on the feasibility of adding retail storefronts at the ground level street frontage. Our team will seek to deliver a design that maximizes efficiency while providing the most value based on cost and other considerations, which we will discuss with the City during the initial kickoff meeting. Upon completion of the project, we will present the City with two conceptual architecture plans for review and selection of final project design plans.

The key to delivering this project successfully, as with all Watry projects, is our integrated team of experienced parking professionals and our project management philosophy, which focuses on client service, design expertise and managing schedule and budget.

Client Service
Watry Design consistently works with our client throughout the process to assure that their needs are met. We begin by assigning a Principal-in-Charge, who acts as the "Project Sponsor." Beyond their role in the design, the Project Sponsor oversees the Design Team's commitment to service. Michael Pendergrass has been providing this level of service to clients for many years. Michael will communicate with the City throughout the process to be sure that the team is delivering on expectations.

Watry Design's Project Managers are a key to our successful project delivery record. The lead Project Manager from our team is responsible for communication and daily operations. Communication with the client and within the design team is very important to us. Drawing from over 15 years of experience, Watry Design Senior Project Manager Taylor Kim understands the need to communicate through proper protocols. We invite you to contact our references who can attest to Watry Design's client service philosophy.

Parking Structure Design
Parking is often the first experience that people have when they arrive at a destination and we believe it should be a positive one. We deliver exceptional results for our clients because of our passion to meet this challenge. We work quickly and efficiently to produce high quality designs that can be built within the City’s budget.

As an integrated firm, we can quickly and effectively develop economical and structurally feasible alternative parking layouts, circulation concepts and conceptual building designs. Our team compiles the research and information about each alternative into a report that includes detailed matrices, which illustrate the feasibility of each improvement option. Each matrix relates the characteristics, constraints, cost, capacity, utilization, accessibility, circulation, security and compatibility with surrounding area.

We have worked extensively with historic downtowns to study design options, develop opinions of probable cost, gain consensus among stakeholders and then work with the City throughout full design and construction of the project to meet or exceed their expectations. Two recent examples include the City of Palo Alto’s Public Safety Building Parking Structure and the Cultural Arts District Parking Structure, the latter of which began construction this year. Our references for these projects can attest to our commitment to client satisfaction.

City of Palo Alto Public Safety Building Parking Structure

4 2. PROJECT APPROACH
Our innovative parking solutions are realized from the following design approach:

Architectural Design - Parking structures are a unique building type with ramping floor plates, traffic considerations and natural ventilation. Our design process starts with the approach of carefully integrating the various functional and aesthetic elements of a parking structure. Watry Design works within the constraints of the site as well as with the client to determine the correct approach to the architectural design.

The new parking structure for the City of Upland will be centrally located within walking distance of retail shops, restaurants and entertainment. Many of these surrounding establishments, including the church across the street on N. 1st Avenue, are one and two-stories tall, making the perceived scale and architectural flair of the building crucial elements to its success.

With the "Standalone Design" likely being four levels tall, and the "Span-Over Design" being three levels tall, we want to ensure that this new building complements the context of the neighborhood. Parking typically has lower floor-to-floor heights than other buildings, which affects which level is high enough to clear a roadway.

Without raising floor-to-floor heights, roadway clearance usually cannot be gained until level three. A taller ground floor may allow the structure to span the street on level two. While this can increase costs, it can also provide an opportunity to integrate retail space. Therefore, as part of our evaluation of the “Span-Over” design concept, we will study the impact of floor-to-floor heights on the project’s budget, design and functionality.

Ground level retail space has the potential to further activate the street frontage and contribute to the character of downtown Upland. Watry Design has worked on many in-fill parking structure sites in downtowns, and each city has a distinct urban character. Watry Design will work with the City to reflect its unique history in the design and detailing of the Upland parking structure.

We will start our concept design with a kick-off meeting with the City to discuss their overall goals, program requirements and any pertinent history on the neighborhood and site. We will work with the City at the beginning to confirm an overall project schedule as well as begin scheduling the upcoming public workshops and City Council and Planning Commission meetings.

Following the initial kick-off meeting and information gathering period, our team will develop the initial parking concepts that address the various goals of the project. We will then present and review those options with the City to make any revisions that we want to use in our first public workshop meeting. Having some initial concepts will allow different stakeholders to see what is possible and for us to obtain feedback to influence the remaining design of the parking structure. We will then develop architectural façade design concepts and renderings in preparation for the City Council and Planning Commission meetings.

At the end of the concept design phase, we will work with the City in selecting the final design scheme to move forward into Schematic Design. During the schematic design phase, we will work with the full design consultant team in producing a schematic design set of the chosen option, as well as the cost estimate for that option.

Structural Engineering Expertise - Open parking structures are constantly exposed to natural elements like temperature changes, earthquakes and rain, as well as man-made elements like moving cars. Therefore, it is imperative that the structural system is designed and detailed to withstand these elements and resist their destructive impacts. Designing and building a parking structure that can withstand these forces and remain in operation over its entire life span is part science and part art.

The science involves designing the individual framing members, as well as the entire system, to meet or exceed the forces they will experience throughout their life. It includes specifying durable and proven materials and closely testing and monitoring Concept Rendering of the Grand Street Parking Structure, City of Orange

5 2. PROJECT APPROACH
their placement during construction. The art of the design includes laying out the building in a favorable configuration, using delay strips and construction joints to help minimize concrete shrinkage cracking and creating as much repetition in the forming system to reduce costs and simplify construction.

Watry Design has always been at the forefront of concrete structural engineering practice. We have significantly influenced seismic design, concrete design and detailing of post-tensioned concrete design. Our engineers have participated on committees of the Structural Engineers Association of California (SEAOC) and have co-authored Blue Book articles on the Seismic Design of Parking Structures and Concrete Seismic Collectors in Slabs. We directly apply this research and expertise to the design of our structural solutions. For each project, we select the most appropriate structural systems during design based on a project specific study.

The geotechnical reports help us determine the foundation system required for a project.

Our structural engineers are not only focused on the structural integrity of our parking structures, but they are also mindful of the user experience. Safety is always of upmost concern, and our architects and structural engineers work together to make sure elements such as walls or other obstacles are designed or located appropriately so that lines of sight are maintained through the building - whether for visibility as a driver, or for personal safety as a pedestrian. Our team always keeps in mind the principal of Crime Prevention Through Environmental Design (CPTED): everyone feels safer when they can see and be seen.

Parking Planning - Our firm conducts an investigation of all appropriate parking solutions to identify which ones meet the users’ goals and most efficiently integrate with the structure and architecture of the project. We do not produce canned designs for parking layout. Instead, we individually review each project’s objectives and customize our layouts for each site. Our parking solutions are developed from studies of various related factors that can affect the parking count and create ease- of- flow through the building for the end users.

We carefully review the local ordinance’s stall geometries to determine efficient layout options and we investigate creative ways to minimize pedestrian/vehicular crossovers for safety and user comfort. For example, as we test different building configurations we will evaluate whether 90-degree parking or angled parking provides better parking efficiencies and user experience.

Schedule Control - Watry Design prides itself in meeting and exceeding project schedules. The keys to our success are getting things right at the start of a project, quickly and efficiently detailing out a set of buildable drawings and assigning a consistent Project Manager and team to the project from Schematic Design through Construction Administration. We keep the client informed as to our progress weekly with progress reports and update the project schedule as necessary.

As identified in our proposed schedule, we estimate that the Concept Design phase will take approximately 13 weeks to complete. We assume the phase will start the week of May 6th and we have coordinated the workflow to align with the City Council meetings that we understand occur on the 2nd and 4th Mondays of each month, and the Planning Commission meetings that occur on the 4th Wednesday of each month. Once Concept Design is complete, we estimate that our team will be able to complete Schematic Design in approximately 9 weeks. We look forward to working with the City to finalize a schedule that also works with their timeline.

Cost Estimates – Watry Design recognizes the importance of cost control to the success of this and every project we work on. We ensure our designs can be constructed within budget through efficient building layouts and economical use of the building materials. Further, we maintain our own in-house cost estimating database and have ongoing communication with many of the contractors who have built our parking structures.

For your project, Michael and Taylor will work with our in-house structural engineers and our cost estimating consultant, OCMI, to develop the estimates for the project. Even at the conceptual stage of a project, our team and OCMI Parking Structure Concept Programing for UC Irvine College of Health Sciences

6 2. PROJECT APPROACH
understands the kinds of quantities that are necessary for the development of the structural system and the effect on other building systems. Developing a very cost effective structural system for the parking structure allocates more funds for the balance of the program.

In addition, greater efficiencies will be gained by simultaneously developing the parking layout and the structural solution. With these two disciplines in house, Watry Design has direct control of these costs. Understanding how the project will be packaged for construction is integral to the understanding of how to document the cost of the individual project components.

Stakeholder Input & Community Workshops
Involvement of the local community in the design process is key to learning about the needs and desires of the community. With a specific focus on public outreach and presentations to various stakeholder groups, Watry Design is deeply experienced in the public process. Our workshops are organized and managed to ensure that opportunities for genuine input are always provided. Our design and planning methodology is informed by community outreach, which includes governing agencies, stakeholders and advisory committees. We will work with the City in identifying the right stakeholders to plan 2 public workshop meetings during the concept design phase to obtain pertinent information that may impact our design decisions.

Uptown "Park Once" Parking Structure, City of Whittier

7 2. PROJECT APPROACH
May June July August September
Duration 6 13 20 27 3 10 17 24 1 8 15 22 29 5 12 19 26 2 9 16 23 30

PROJECT SCHEDULE
PHASE 1: Concept Design 13 WEEKS
Kickoff Meeting 1 DAY
Preliminary Parking Options 3 WEEKS
Client Meeting (Review Prelim Op-
tions) 1 DAY u
Parking Option Revisions 2 WEEKS
Public Workshop #1 1 DAY
Produce Arch Design 3 WEEKS
Produce Renderings 2 WEEKS
Client Meeting 1 DAY u
City Council Meeting 1 DAY
Parking Option Revisions 2 WEEKS
Client Meeting 1 DAY u
Planning Commission Meetings 1 DAY
Parking Option Revisions 2 WEEKS
Public Workshop #2 1 DAY
Client Meeting 1 DAY u
PHASE 2: Schematic Design 9 WEEKS
Client Kick-Off Meeting 1 DAY
SD Kick-Off Consultant Onboarding 1 WEEK
Schematic Design 6 WEEKS
50% SD Client Meeting 1 DAY u
Update Renderings 1 WEEK
Final SD Package 1 WEEK
Client Meeting 1 DAY u
u Denotes Client Reviews

8 3. PROPOSER'S EXPERIENCE & HISTORY
WATRY DESIGN, INC. is dedicated to making our clients look good. We take their problems and issues on as our own and team with them to find the best possible solution for their parking needs. This client-centered philosophy along with an unmatched passion for parking form Watry Design’s guiding vision.

Using a unique process developed over the firm’s forty-five year design legacy, our architects, structural engineers and planners are empowered to provide their professional expertise in every aspect of the design. This gives our clients the collective knowledge and experience of our entire staff. Our collaborative methodology enables us to provide well-integrated solutions for satisfied clients.

Incorporated in 2000, Watry Design, Inc. is the successor organization of Watry Design Group which was founded in 1975. The new corporation was created when a group of long time employees purchased the net assets of the original firm and most importantly retained all the staff. Led by a team of Principals, Watry Design has delivered over 1,900 parking projects on time and on budget.

We offer innovative parking
consulting and design services at

ALL STAGES OF THE PARKING

LIFECYCLE
Whether you need to assess your current parking conditions or evaluate the potential of one site or a whole campus, our team can assist you in utilizing today’s parking best practices to shape your parking facility’s future. We can right-size your parking, evaluate future adaptive reuse and assist you with considering automated and/or valet solutions to densify your parking.

Our team designs above and below grade structures, as well as structured parking as a component of larger buildings and developments. We leverage the best innovation and technology the industry has to offer. From integrating photovoltaics to the latest in EV, PGS & PARCS, our team develops highly efficient new and replacement parking solutions.

Below is a partial list of our parking services. If you don’t see what you are looking for, please call us because if it is related to parking, we can help. 1,900+
completed
parking projects
Parking Master Planning & Parking Site Planning
Parking Supply & Demand Studies
Shared Parking & Parking Phasing Analysis
Parking Technology Assessments & Specification Development Automated Parking Solutions
Parking Structure Feasibility Studies
Sustainable Parking Best Practices
Photovoltaic, Parksmart Certification & LEED Certification Analysis Parking Facility Planning & Design
Parking Structure Opinions of Cost & Pro Forma Development Parking Facility Maintenance & ADA Upgrades
Restoration & Seismic Upgrades
Parking Operations & Management Studies

9 3. PROPOSER'S EXPERIENCE & HISTORY
Subconsultants
Our highly experienced team of architects, structural engineers and parking planners are infused with a passion for parking. We select subconsultants with the equivalent expertise, passion and commitment to not only understanding the client's needs, but also to providing services that meet or exceed expectations. We found these key ingredients in the following subconsultants:

For more than 100+ years BKF Engineers has been Delivering Inspired Infrastructure by earning our clients trust and winning their repeat business. We work diligently to ensure our clients achieve their goals, and get their projects to the finish line. With our network of 13 offices in California, we have developed extensive local knowledge that provides us with a deep understanding of issues relating to feasibility, permitting, and entitlement approvals.

BKF has developed designs for over 300 parking projects in California. With talented engineers, surveyors and planners, who share a common vision for advancing design, we respond with solutions that are both flexible and adaptable for today and into the future. We provide a number of specialty services including sustainable design, site accessibility consulting, hydrology/hydraulics, traffic signal design, and 3D laser scanning. BKF Engineers and Watry Design have worked togther to deliver parking solutions for nearly 40 years, including integrating parking into downtowns such as the City of Orange, the City of Whittier and the City of Santa Clarita.

For more than 20 years, the staff at MA Engineers has provided complete mechanical, electrical, and plumbing (MEP) engineering solutions for facilities of every kind throughout Southern California.

Our focus has always been to deliver innovative, sustainable, energy- saving design solutions—the type of systems that stand up to the daily rigors of use. Ultimately, our systems are designed to last, run efficiently, and save ownership money.

The origins of MA Engineers can be traced back to the former GEM Engineering firm formed in 1987. The company lays claim to a rich heritage of projects in every sector: Military, Education, Healthcare, Government, Corporate / Office, etc. Today, MA Engineers is involved in cutting-edge MEP system designs for hallmark-upper education, life science/laboratories, corporate headquarters, community centers, libraries, stadiums, high-rise buildings, and more. We are dedicated to making every project successful—whatever the cost and scope. This difference is the drive for MA Engineers.

Lynn Capouya, Inc. (LCI), Incorporated in 1985,
is a full-service landscape architectural design
firm specializing in sustainable landscape
design for both public and private market segments. LCI is SBE / WBE certified.

LCI has a history of over 38 years in providing full scope design services – client and team coordination; project planning kickoff; schematic design; construction documentation; plan check; construction administration; and project closeout. Our design service is focused on hardscape, irrigation and planting, but also extends to include site furnishings, signage, concept lighting, concept grading, habitat restoration and stormwater drainage best management practices.

OCMI, Inc. is a respected project management consultancy that excels in quality solutions for the built environment. We take ownership of our clients’ needs and challenges, valuing their resources as our own. Established in 1982 as a cost consultancy serving owners and design professionals, OCMI has evolved over the past 42 years to offer comprehensive services covering every aspect of program, project, and construction management. We are a certified Service Disabled Veteran Owned Small Business with twelve offices nationwide.

OCMI leads the way in estimating, scheduling, project controls, and construction management solutions with a reputation for collaboration and innovation. As a valued teaming partner for owners, architects, engineers, and general contractors, our primary focus is to protect the best interests of our clients by independently managing risk and bringing value to the design and construction process. We pride ourselves on our responsiveness to client needs, diligence, and accuracy.

Pro Forma Advisors LLC is a partnership committed
to providing objective, unbiased economic analysis
of real estate development projects. We specialize
in land use economics consulting for developers,
owners, operators, investors, cultural institutions, non-profits, and government.

We offer exceptional experience yet avoid ancillary services that might compromise our objectivity and allows us to support partnering firms.

We apply extensive experience, creative thinking, new business approaches, and data-driven analysis to our projects. Pro Forma Advisors are highly experienced in working within multi-disciplinary project teams, alongside allied professional service firms in the areas of design, planning, architecture/engineering, and operations. Services Pro Forma Advisors offer include market analysis, concept/ business model development, financial feasibility, economic and fiscal impacts, valuations, and economic development strategies.

10 3. PROPOSER'S EXPERIENCE & HISTORY
Reference List
City of Palo Alto Public Safety Building Parking
Structure - See Page 11
Colette Chew
Project Architect, City of Palo Alto
Public Works Engineering Service Division
650-329-2482 |[email protected]
• Firm: Watry Design
City of Brea Superblock Parking Structure - See Page 12 Steve Kooyman, PE
InterWest Consulting (formerly with City of Brea)
(714) 990-7600 | [email protected]
• Firm: Watry Design
City of Orange Grand Street Parking Structure
Concept Design - See Page 13
Kevin Yamakawa, P.E.,
Associate Civil Engineer
City of Lakewood (formerly City of Orange)
(562) 866-9771 ext. 2506 | kyamakawa@
lakewoodcity.org
• Firm: Watry Design, BKF
City of Salinas Parking Structure Feasibility Study -
See Page 14
Andrew Myrick, CEcD, EDFP
Economic Dev. & Community Planning Manager
City of Seaside (formerly City of Salinas)
831-899-6830 |[email protected]
• Firm: Watry Design
UC Riverside Big Springs Parking Structure #2 - See

John Franklin
Senior Project Manager, UC Riverside
(951) 827-1270 | [email protected]
• Firm: Watry Design
City of San Luis Obispo Cultural Arts District Parking
Structure - See Page 15
Brian Nelson
Deputy Director of Public Works – Engineering
City of San Luis Obispo, Public Works
805.781.7113 | [email protected]
• Firm: Watry Design
City of Whittier Uptown Parking Structure - See Page 16 Kyle Cason
Director of Public Works, City of Whittier
562.567.9511 | [email protected]
• Firm: Watry Design
Isaac Bravo
Civil Engineering Associate
City of Whittier
(562) 567-9500
• Firm: BKF
LAX Economy Parking Structure - See Page 21
Fadi Nassar, MBA, DBIA, LEED AP
LAMP Element Manager
Los Angeles World Airports
8090 Westchester Pkwy, Los Angeles, CA 90045
424.646.8966 | [email protected]
• Firms: Watry Design, Lynn Capouya
SAN Terminal 2 Parking Plaza - See Page 23
Bob Bolton, AIA, LEED AP
Director of Airport Design and Construction
San Diego County Regional Airport Authority
PO Box 82776, San Diego, CA 92138
(619) 400-2935 | [email protected]
• Firm: Watry Design
Hamid Kalantar
Project Manager
San Diego County Regional Airport Authority
(619) 400-2659 | [email protected]
• Firm: MA Engineers
Cedar & Kettner Parking Structure - See Page 25
Paul King
Vice President, McCarthy
(858) 784-0347 | [email protected]
• Firm: MA Engineers
Mt. San Antonio College Parking Structure - See Page 24 Carol Minning
Project Manager, Mt. San Antonio College District
(909) 274-5838
• Firm: BKF
Apple Valley Airport Parking
Marian Michael
County of San Bernardino
909.531.1582 | [email protected]
• Firm: OCMI
El Camino Elementary School, New Parking Lot
Victor Tungpalan
DC Architects
909.985.6939 | [email protected]
• Firm: OCMI
Confidential Development
John Holliday (CEO)
Holliday Rock
[email protected]
• Firm: Pro Forma Advisors
Mixed-Use Development Feasibility and General Plan
Update
Greg Gubman (Community Development Director)
City of Diamond Bar
[email protected]
• Firm: Pro Forma Advisors

11 City of Palo Alto Public Safety Building Study & Parking StructurePalo Alto, California Owner: City of Palo Alto
Architect, Structural Engineer and Parking
Planner: Watry Design, Inc.

Design Architect: RossDrulisCusenbery
Architecture, Inc.

Contractor: Swinerton
Status: Completed 2020
• 627 parking stalls
• 6 levels
• 213,800 total square feet
• 341 square feet per stall
• $41,980,266 total project cost
• $66,954 cost per stall

3. PROPOSER'S EXPERIENCE & HISTORY
The RossDrulisCusenbery and Watry Design, Inc. team were selected to conduct a Site Evaluation Study for a parking garage and a new Public Safety Building (PSB) that would house Palo Alto’s Police, Fire and Emergency Services offices. The study included architectural programming, PSB and parking structure options and cost estimates.

Each of the resulting three parking structure options included a minimum of 460 parking spaces and construction cost estimates.

The parking structure site on California Avenue that was ultimately selected by the City also supports the business district. The team was asked to design the 627 stall structure in conjunction with the PSB.

To ensure the structure met high standards for architecture and enhanced the user experience without going over budget, the team collaborated closely with the City and the Architectural Review Board design. The steel superstructure for the photovoltaic panels echoes the urban fabric of the nearby California Avenue commercial district. The terra cotta fins and sand-colored fiber cement panels are based on the palette found in nearby Stanford University.

A parking guidance system featuring red and green lights guides users to an open space. Once users exit their vehicle, a grand staircase guides users to a pedestrian-friendly streetscape with planter boxes and benches. Sustainable features of the new garage include green screens, covered bike parking, photovoltaic panels, EV charging stations for 32 spaces and provisions for an additional 128 in the future. As site constraints presented a challenge for adequate storm water management, the team designed the planter boxes to serve as a storm water treatment system.

12 Brea Superblock #1 Parking StructureBrea, California Owner: City of Brea
Architect, Structural Engineer and Parking
Planner: Watry Design, Inc.

Contractor: McCarthy Builders
Status: Completed 2017
• 476 total parking stalls
• 4 levels
• 167,670 total square feet of structured
parking
• 352 square feet per stall
• $8,900,000 total project cost
• $18,697 cost per stall
After conducting studies and collecting feedback from local tenants, the City of Brea determined that while it had sufficient parking inventory with two existing parking structures, they were too inconveniently placed. To support a thriving downtown, the City elected to construct a new parking structure over an existing surface lot at Birch Street and South Orange Avenue in the heart of the Superblock, Brea’s entertainment district. With the addition of the garage, the popular Improv comedy club on Birch Street is expanding its location and adding two new restaurants.

The structure houses 476 parking stalls on 4 levels. A meandering sidewalk lined with trees front the facade facing South Orange Avenue. A lush wall of vines at the intersection of South Orange Avenue and Birch Street soften the impact of the parking structure. A parking guidance system not only advertises the amount of available parking within the structure, but also ties into a system that notifies the drivers on Brea Boulevard the amount of parking available in all three public parking structures. A valet service is offered to further elevate the user experience.

To help the City meet their sustainability goals, the structure is designed to accommodate a future photovoltaic array above the center spine of the roof level. Twenty bicycle spaces promote multi-modal transportation. The design also allows for a future pedestrian bridge connecting the structure directly to the Improv.

The Design-Build team and the City worked together to locate the building in a manner that would mitigate the amount of utility relocation needed along South Orange Avenue, maintain fire truck and pedestrian access along the western alley and provide an appropriate pedestrian-scaled setback from Birch Street.

3. PROPOSER'S EXPERIENCE & HISTORY

13 City of Orange Grand Street Parking Structure StudyOrange, California Owner: City of Orange
Architect, Structural Engineer & Parking
Planners: Watry Design, Inc.

Civil Engineer: BKF
Status: Completed 2019
Supports
• 405 stalls
• 3 levels
• 137,600 square feet
• 340 square feet per stall
As the largest Nationally Registered Historic District in California, Old Towne Orange is home to Chapman University, City Hall and the idyllic shops and entertainment of the Central Plaza. As this historic area continues to grow in popularity, demand for parking has outpaced supply. Watry Design was hired by the City to develop a concept design that would meet their required parking count, support a pedestrian-friendly environment and adhere to Orange’s historic preservation design standards.

The Watry Design team met and engaged with city representatives in public works, city planning and historic preservation. These stakeholder meetings helped clarify the City’s needs and goals for the project. To blend the structure into the historic surroundings, the team integrated window-like openings into the facade to emulate the look of a building, rather than a parking structure.

As one side of the facility faces a residential neighborhood, the structure needed to respect the adjacent residential character. The team also made sure to locate entrance and exits away from this side to avoid congestion on neighborhood streets. An additional entrance was designed to provide a second entry point from Orange Street.

3. PROPOSER'S EXPERIENCE & HISTORY

14 City of Salinas Parking Structure Feasibility StudySalinas, California Owner: City of Salinas
Architect, Structural Engineer & Parking
Planner: Watry Design, Inc.

Status: Completed 2021
Option 1:
• 804 parking stalls
• 3 levels
• 259,100 total square feet
• 323 square feet per stall
• $29,231,000 estimated total cost
• $36,357 estimated cost per stall
Option 2:
• 654 parking stalls
• 5 levels
• 238,700 total square feet
• 365 square feet per stall
• $23,886,855 estimated total cost
• $36,524 estimated cost per stall

3. PROPOSER'S EXPERIENCE & HISTORY
When it was determined additional parking was
needed to serve the county courthouse and county
offices and the surrounding downtown, the City of
Salinas and the County of Monterey set out on a joint
project to provide structured parking. They turned to
Watry Design to study ways the feasibility of building
a parking structure on an existing surface lot and an
adjacent empty lot. The team studied multiple options
to maximize efficiency and achieve the desired 600
stall count.

The first option studied the feasibility of a larger
footprint, three-level garage, while the second option
studied the efficiency of a 5-level garage on a different part of the site, which would preserve existing parking and cut down on the existing number of structured
stalls to meet the goal.

Watry Design prepared basic layouts and massing so
the City could visualize each option. The team also
prepared opinions of probable cost.

Option 1
Option 2

15 Cultural Arts District Parking StructureSan Luis Obispo, California Owner: City of San Luis Obispo
Architects, Parking Planners and Structural
Engineers: Watry Design, Inc.

Contractor: Swinerton
Status: Construction
• 396 parking stalls
• 5 levels above grade
• 162,750 square feet of parking
• 412 square feet per stall
• $44,623,000 estimated construction cost
• $112,684 cost per stall
Supports
• 5,000 square feet of retail
As the City of San Luis Obispo develops its downtown core, additional parking is critical to support future development.

However, the site’s prominent location adjacent to multiple museums and the future Repertory Theatre meant that great care needed to be given to develop a structure that complimented the Mission Revival architecture of the area while making its own statement.

Watry Design was selected to study the site, prepare design options, gather feedback through public workshops, develop the EIR documents, obtain entitlement clearances and design the structure. The resulting Cultural Arts District Parking Structure will provide 396 parking stalls and includes 5,000 sf reserved for future housing as well as space for the San Luis Obispo Repertory Theatre. In addition to serving visitors and residents, the structure will also participate in San Luis Obispo Downtown Residential Overnight Parking program. Users will enter and exit through a gateless LPR system for easy flow in and out of the structure.

The design includes a number of architectural flourishes that fit in with the surrounding context, including a copper dome that serves as a wayfinding element above an elevator and stair tower, decorative archways, terra cotta tiles, Mission Revival architectural detailing and a stained-glass mosaic. In addition to plantar boxes and vertical landscape element, the design preserves a mature oak tree on Monterey Street. Three stair towers increase connectivity to the adjacent museums, theater and urban park.

The roof is being designed to accommodate event space that capitalizes on stunning views of the Bishop and Cerro San Luis peaks. Photovoltaic panels will help offset energy needs, and 143 stalls will have EV charging capability. Bicycle parking will be located inside the structure. An outdoor courtyard will provide space for meeting and gathering, while a pedestrian path will connect users to the Monterey Street corridor and museums.

3. PROPOSER'S EXPERIENCE & HISTORY

3. PROPOSER'S EXPERIENCE & HISTORY
16 City of Whittier Uptown Parking
Structure
Whittier, California
Owner: City of Whittier
Architect, Structural Engineer and Parking
Planner: Watry Design, Inc.

Civil Engineer: BKF
Contractor: Largo Concrete
Status: Completed 2021
• 455 parking stalls
• 4 levels
• 138,500 total square feet
• 310 square feet per stall
• $11,078,600 total project cost
• $21,000 cost per stall

To achieve the goal of transforming the historic Uptown business district into an urban destination experience, the City of Whittier envisioned a 'park once' concept that would create a more pedestrian friendly destination and allow visitors to take advantage of Uptown's dense, highly walkabale area. Watry Design was asked to design the parking structure key to achieving their vision.

Because the project was initially proposed in the 2008 Specific Plan but put on hold due the elimination of redevelopment agencies, the original budget was nearly ten years out of date. Watry Design worked closely with the City to design a structure compatible with budgetary restraints while still offering the high level of aesthetic appeal expected to complement the historic architecture of Uptown.

The resulting 4 level structure provides 455 stalls and features design elements such as bicycle and motorcycle parking and provisions for future photovoltaic panels.

3. PROPOSER'S EXPERIENCE & HISTORY
17 UC Riverside Big Springs Parking Structure #2Riverside, California Owner: University of California, Riverside
Architect, Structural Engineer and Parking
Planner: Watry Design, Inc.

Design Architect: Steinberg-Hart
Contractor: PCL
Status: Completed 2021
• 1,079 parking stalls
• 4 levels
• 350,728 total square feet
• 325 square feet per stall
• $24,500,000 total construction cost
• $22,706 per stall
Awards & Certifications
• Parksmart Gold Certified
• IPMI Award of Excellence for Sustainable
Design
• IPMI Award of Merit for Stand-Alone
Structured Parking Facility Design
In support of the campus' continued growth, UC Riverside needed to add structured parking to free up land for future development and accommodate the growing population of students, faculty and staff. The Design-Build team of PCL | Watry Design | Steinberg-Hart was selected to deliver on their vision. The structure's location at the eastern entrance to campus provided an opportunity to create a new gateway that would enhance the campus environment.

The design of the 1,079 stall structure features an iconic tower branded with UCR colors. A unifying "blue ribbon" encapsulates the elevator tower and acts as a consistent element throughout the facade, while also creating an architectural connection to other buildings on campus. A new pedestrian promenade provides an attractive connection to the campus core while enhancing student safety. Watry Design utilized the sloping terrain to minimize the structure's height and respect and respect an adjacent residential neighborhood.

To meet the University’s sustainability goals, the design-build team used the Parksmart Certification Program as a guide.

The goal was to reach Silver certification, however the project ultimately exceeded expectations and was awarded Parksmart Gold. Bicycle parking is provided inside the parking structure via mechanical lifts and along the pedestrian path. The east side of the parking structure features a greenscreen façade to provide additional shading for parked cars and the ground floor contains a total of 105 EV charging spaces, including 93 Level I and 12 Level II charging ports.

3. PROPOSER'S EXPERIENCE & HISTORY
18 Baldwin Park Transit Center Parking StructureBaldwin Park, California Owner: City of Baldwin Park
Architects, Structural Engineers and Parking
Planners: Watry Design, Inc.

Landscape Architect: Lynn Capouya, Inc.

Contractor: PCL Construction Services, Inc.

Status: Completed 2013
• 502 parking stalls
• 176,200 total square feet
• $10,802,812 total project cost
• $21,519 per stall
• 351 square feet per stall
• 5.5 levels
The City of Baldwin Park had long envisioned providing parking to the civic center area by developing a parking facility adjacent to City Hall and the Metrolink station. Expected to provide a catalyst for redevelopment, the project maximizes opportunities at the Ramona and Main corner.

The parking structure provides links to both regional and local buses, the Metrolink station and City Hall. The latter via a new park which is a part of the project. A bridge provides safe pedestrian and bicycle access to the Station. The architectural style compliments adjacent building and features canopies and green screens.

During the design process, the Watry Design team worked with the City, FTA, LA MTA, LA Fire, Baldwin Park Police and SCRRA/Metrolink.

19 City of Palo Alto Lot D Parking Structure StudyPalo Alto, California Owner: City of Palo Alto
Architect, Structural Engineer and Parking
Planner: Watry Design, Inc.

Status: Completed 2020
• 324 parking stalls
• 140,786 total square feet
• $22,516,000 estimated project cost
• $69,494 per stall
• 435 square feet per stall
• 5 levels above grade, 1 level below
Supports
• 2,188 sf retail

3. PROPOSER'S EXPERIENCE & HISTORY
As part of their commitment to providing a better quality parking experience for downtown visitors and employees, the City of Palo Alto asked Watry Design to study adding additional structured public parking at the corner of Hamilton Avenue and Waverley on the site of an existing on-grade lot.

In keeping with the City’s forward-thinking goals, Watry Design studied several innovative solutions such as designing the ground level for adaptive reuse and utilizing fully robotic automated systems and puzzle lifts to maximize efficiency. Due to the challenging “L”-shaped site, which made these options cost prohibitive, the team recommended a more traditional solution to best fit the City’s needs.

The program ultimately selected by the city is a 6 level structure with one level below grade. Approximately 2,188 feet of ground floor retail will be incorporated into the facility to continue the existing retail front along Waverley Street. Architectural finishes include metal fins and screens designed to complement the surrounding buildings. A perforated metal screen lit from the inside wraps the main corner stair, creating a lantern element that serves as a wayfinding device. The screen is designed to integrate with the installation of public art.

An enhanced pedestrian experience features a small plaza, abundant benches, decorative pavers and widened sidewalks. To promote alternative modes of transportation, the design features bicycle lockers and electric vehicle charging stations.

20 Plaza Hotel Parking StructureEl Paso, Texas
Owner: Franklin Mountain Management, LLC
Architect, Structural Engineer and Parking
Planner: Watry Design, Inc.

Status: Completed 2020
• 539 parking stalls
• 230,000 total square feet
• 427 square feet per stall
• 6 levels
• 6,500 sf of retail at street level
Supports
• 131 room boutique hotel
• 6,500 sf restaurant and bar space
• 7,600 sf event space

3. PROPOSER'S EXPERIENCE & HISTORY
The first high rise in Conrad Hilton’s empire, the Plaza Hotel was an icon of downtown El Paso when it opened in 1930. However, the once-glamorous hotel that was briefly home to Elizabeth Taylor closed in the early 1990s and sat vacant and deteriorating for over twenty years. Seeing the value of the famous building and its close proximity to the historic Pioneer Plaza, billionaire Paul Foster stepped in with a vision to restore the hotel to its former glory.

The renovated Plaza Hotel embraces the “romance and aura” of the 1930s, featuring 131 rooms, fine dining and a rooftop terrace with views of downtown El Paso. In a celebration of the downtown core, the project includes upgrades to pedestrian infrastructure surrounding Pioneer Plaza.

In support of the project, Watry Design designed a 539 stall parking garage sited on two lots that span San Antonio Avenue. Because the structure bridges street traffic, considerably higher floor-to-floor heights were required than what is standard for a parking structure. Therefore the ground level features 20 foot ceilings and houses 6,500 square feet of retail frontage in addition to valet parking. The upper levels serve both public parking and hotel guests. Design of the structure respects the scale and architecture of the surrounding historic district.

3. PROPOSER'S EXPERIENCE & HISTORY
21 LAX Economy Parking StructureLos Angeles, California Owner: Los Angeles World Airports
Architect, Structural Engineer and Parking
Planner: Watry Design, Inc.

Design Architect: Gensler
Landscape Architect: Lynn Capouya, Inc.

Design-Build Contractor: Swinerton
Status: Completed 2021
• 4,300 total structured parking stalls
• 4 levels
• 1,730,000 total square feet
• 402 square feet per stall
• $297,172,859 total project cost
• $69,109 cost per stall
Awards
• NPA Innovative Facility of the Year
• IPMI Award of Merit in Stand Alone Parking
Facility Design
• DBIA National Award of Merit in Aviation
To relieve traffic and congestion at the world's third busiest airport, Los Angeles World Airports is embarking on $5.5 billion Landside Access Modernization Program (LAMP) that will not only provide a more predictable and reliable commute to the airport, but also offer a world class guest experience at Los Angeles International Airport (LAX).

As the first part of the LAMP project, the Progressive
Design Build team of Watry Design, Swinerton and Gensler was selected to deliver the LAX Economy Parking Structure, which offers travelers convenient access to LAX without needing to enter the Central Terminal Area. By connecting to the new Automated People Mover (APM) train system
with two pedestrian bridges, the LAX Economy Parking
facility provides a mobility hub where passengers, friends and family can be dropped off and picked up or can park and ride the APM directly to the terminals.

Initially, a complimentary shuttle will carry travelers to and from the terminals until the APM opens in 2023. A
dedicated inner bus lane on the lower level provides quick access to and from the airport away from regular traffic.

3. PROPOSER'S EXPERIENCE & HISTORY
22 LAX Economy Parking StructureLos Angeles, California The facility provides approximately 4,300 parking stalls. A number of features and amenities designed to enhance
the guest experience have been incorporated into the
design, such as a Meet and Greet space, public restrooms, vending machines, pet relief area and a water bottle filling station. Valet parking will be offered in the future, and a public plaza will feature art from local artist Sadie Barnette.

The open-air rooftop offers amazing plane spotting views, as the building sits just under the flight path for the north runways. To provide flexibility for future needs, the ground floor of the facility was designed to adapt to alternative uses.

A parking guidance system that includes dynamic signage displays the number of available spaces throughout the
facility. A parking space indicator system that uses red and green lights to indicate open spaces, so users can find parking quickly and efficiently.

An online pre-booking system allows travelers to make
a parking reservation in advance at discounted rates.

Dynamic pricing will adjust based on supply and demand
and length of stay. In the near future, all LAX parking structures, including those throughout the Central
Terminal Area, will feature similar smart technology
In support of LAX's sustainable goals, 37% of parking
spaces were designed with infrastructure for EV charging.

Five hundred level 2 chargers will be phased in over the first year, and 8 DC fast charges will be available on level

3. Other sustainable features include drought tolerant
landscaping, energy saving lighting controls and reserved parking for low emitting vehicles and carpools.

In addition to enhancing the guest experience, LAX
Economy Parking will also provide a much greater
convenience to more than 55,000 badged employees
with the new 26,000 square foot Security Badging Office, which will be accessible using the APM and is scheduled to open in 2022.

3. PROPOSER'S EXPERIENCE & HISTORY
23 With demand expected to grow and a small footprint of 661 acres, structured parking was necessary to meet the San Diego International Airport’s parking needs. However, the Airport wasn’t interested in a mere box to park cars in. They envisioned a new “front door” to Terminal 2 that would provide a premier passenger experience.

To deliver on this vision, the progressive design build team placed emphasis on customer-focused design and cutting edge technology. The resulting Parking Plaza provides 2,907 parking stalls and is infused with a high-level experience that begins before travelers even leave home.

An online reservation system allows travelers to reserve spaces in advance at a discount and experience the benefits of a loyalty program. A space-by-space parking guidance system makes it easy for travelers to find an open space.

The Parking Plaza’s state-of-the-art technology is designed for future integrations that will further enhance the user experience, such as the ability to create preferred parking zones within the structure charged at variable rates.

Three massive public art features at each stairwell were designed to not only welcome travelers, but also to celebrate San Diego and its heritage. Each installation consists of stainless steel aircraft cables strung with hundreds of resin airplanes. Each screen features a different style plane in to celebrate San Diego’s commitment to the aviation industry.

As part of its Parksmart Gold certification, the Parking Plaza features EV charging stations and reserved spaces for fuel efficient and electric vehicles. A 100,000 gallon underground holding system collects stormwater that is used to feed the Central Utility Plant. The system is capable of harvesting up to 2,000,000 gallons annually.

San Diego International Airport Terminal 2 Parking PlazaSan Diego, California Owner: San Diego Regional Airport Authority
Architect, Structural Engineer and Parking
Planner: Watry Design, Inc.

Design Architect & Curator of the Passenger
Experience: Gensler
Mechanical & Plumbing Engineer: MA Engineers
Design-Build Contractor: Swinerton
Status: Completed May 2018
• 2,684 total structured parking stalls
• 224 on-grade stalls
• 3 levels
• 924,200 total square feet
• 344 square feet per stall
• $94,725,986 total construction cost
• $32,585 per stall
• Certified Parksmart Gold
Selected Awards
• 2019 IPMI Award of Excellence, Best Design
of a Parking Facility
• 2019 DBIA National Award of Merit,
Aviation Category
• 2019 DBIA WPR Design Distinction Award
• 2019 DBIA WPR Design Excellence Award
• 2019 APWA, San Diego & Imperial Counties
Chapter Project of the Year
• 2018 San Diego Green Building Council
Parksmart Honor Award
• 2018 San Diego Green Building Council
ZNEnergy Citation Award

3. PROPOSER'S EXPERIENCE & HISTORY
24 Mt. San Antonio College Parking StructureWalnut, California Owner: Mt. San Antonio College District
Civil Engineer: BKF
Status: Completed 2020
• 860 total structured parking stalls
• 4 levels
• $19,600,000 total construction cost
BKF Engineers provided preliminary and final design engineering for new 4-level parking structure in the location of the existing Parking Lot S. New structure has capacity of approximately 860 spaces. Ground floor accessed off Stadium Way and speed ramp accessed off new access road between Temple Ave and Stadium Way.

Other design work included; design grading associated with new structure to conform to adjacent grades; relocation of existing water line on the south side of the new structure; and design coordination for preparation of the future Pedestrian Bridge connection to the second floor. This project was completed on time and within budget.

3. PROPOSER'S EXPERIENCE & HISTORY
25 Cedar & Kettner Parking StructureSan Diego, California Owner: County of San Diego
Mechanical & Plumbing Engineer: MA Engineers
Status: Completed 2015
• 650 total structured parking stalls
• 10 levels
• 240,000 total square feet
• $37,000,000 total project cost
Mechanical and plumbing design for the Cedar
& Kettner Parking Structure located in Little Italy
neighborhood of downtown San Diego. The 240,000
SF design-build garage provides 650 spaces with
three levels below grade and six levels above.

The structure includes two state-of-the-art elevators,
as well as two stairways in opposite corners of the
floor plate. The County Center/Little Italy trolley
station is located on the western boundary. The
project is designed to provide parking to County
workers at the nearby County Administration Center
during the day, and on nights and weekends paid
public parking to visitors who want to explore Little
Italy.

This project was completed on time and within
budget.

26 LANDSCAPE

ARCHITECTURE
Lynn Capouya, Inc.

Jane Cataldo

SUPPORT STAFF

MICHAEL

PENDERGRASS
Principal-in-Charge
CIVIL
BKF
Bruce Kirby

MECHANICAL
MA Engineering
Benny Sy

SUBCONSULTANTS

CHRIS MAULINO
Project Engineer

TAYLOR KIM
Senior Project Manager

COST ESTIMATING
OCMI
Laith Kawar

ELECTRICAL
MA Engineering
Eric Leftwich

PLUMBING
MA Engineering
David K. Noji

COST BENEFIT ANALYSIS
Pro Forma Advisors
Lance Harris

4. PROJECT TEAM ORGANIZATION

27 4. PROJECT TEAM ORGANIZATION
Michael Pendergrass, AIA
LEED AP BD+C, DBIA, Parksmart
Advisor
Principal
Education
Bachelor of Arts in Architecture
University of California, Berkeley
Registrations
Architect (#C31381), CA (12/11/07)
NCARB Certified (#91453), (5/18/18)
DBIA Accredited (#D-2607), (7/20/18)
Certified Parksmart Advisor
Affiliations
American Institute of Architects
US Green Building Council
Parksmart (formerly the Green Parking Council)
Design Build Institute of America
International Parking & Mobility Institute
California Mobility & Parking Association
“Watry Design has developed a unique, collaborative process that empowers our architects, engineers and parking planners to provide a holistic approach to parking solutions,” says Michael. “The benefit of this approach to our clients is a better user experience, a smoother design and construction process and often reduced project costs.” A licensed architect in 9 states, Michael has 20 years of experience delivering parking solutions. As a Principal, Michael leads the Watry Design's Long Beach, CA office and champions the firm’s continued growth in Southern California.

His extensive parking experience includes an impressive portfolio of municpal and public projects for clients such as the City of Brea, LAX and the University of California, Riverside.

In addition to delivering projects to satisfied clients, his projects, such as the San Diego International Airport Terminal 2 Parking Plaza, have received recognition from the International Parking & Mobility Institute and other organizations.

An active participant in the Design Build Institute of America, the International Parking & Mobility Institute and the American Association of Airport Executives, Michael has written and spoken on topics ranging from the future of parking to higher education best parking practices to integrating parking into urban downtowns.

Relevant Projects
City of Brea Superblock #1 Parking Structure, CA
City of Anaheim Convention Center Expansion Parking Structure, CA UC Riverside Big Springs Parking Structure #2, Riverside, CA City of Manhattan Beach Master Plan, CA
San Diego International Airport Terminal 1 Parking Plaza, CA LAX Economy Parking Structure, Los Angeles, CA
San Diego International Airport Terminal 2 Parking Plaza, CA Metro Gold Line Foothill Extension Parking Structures
Arcadia Metro Station Parking Structure, CA
Azusa Metro Station Parking Structure, CA
Irwindale Metro Station Parking Structure, CA
Monrovia Metro Station Parking Structure, CA
Beverly Hills In-Lieu Parking Study, CA
City of Burbank PARCS, CA
UC Irvine Verano Graduate & Family Housing and Parking Structure, CA Cal Poly State University Student Housing Parking Structure, San Luis Obispo, CA South Orange County Community College District-Wide Parking Study, CA UC Irvine Campus-wide Parking Programming and Planning Studies, CA Saddleback Community College Structured Parking, Mission Viejo, CA UC Irvine Children's Center for Health Parking Structure 1, Irvine, CA UC Irvine Health Campus Hospital Parking Structure Feasibility Study, CA UC Irvine Medical Center Ambulatory Care Center and Parking Structure Feasibility Study & Design Build Criteria, CA Loma Linda Medical Center Parking Structure Peer Review, CA Citrus Commons Parking Structure & Structured Parking, Sherman Oaks, CA Nissan Infiniti Downtown Los Angeles Parking Structure, CA 3401 La Cienega Shared Parking Analysis & Structured Parking, Los Angeles, CA

28 4. PROJECT TEAM ORGANIZATION
Taylor Kim, AIA, Parksmart
Advisor, LEED® AP
Associate Principal, Senior Project
Manager
Education
Master of Urban and Regional Planning
University of California, Los Angeles
Bachelor of Arts in Architecture
University of California, Berkeley
Bachelor of Arts in Legal Studies
University of California, Berkeley
Registrations
Architect (#C35811), CA 6/20/16
Certified Parksmart Advisor
Affiliations
American Institute of Architects
National Parking Associations Parking
Consultants Council
Parksmart (formerly the Green Parking Council)
US Green Building Council
Design Build Institute of America
International Parking & Mobility Institute
Women in Parking
“Understanding the full parking lifecycle not only helps owners integrate parking more effectively, but also makes the most out of an owner’s investment," says Taylor. "Therefore, whether designing for a campus, mixed-use development, higher education, municipal downtown or multi-modal hub, being mindful of parking’s role throughout early planning, design and construction and ongoing maintenance can help you maximize your parking.” Having worked exclusively on parking structures for over 15 years, Taylor has led or contributed to over 100 projects.

A licensed architect, Taylor's highly relevant experience includes concept studies and full parking design for downtown clients such as the City of Palo Alto, City of Orange, City of Salinas and City of San Francisco. She has project experience throughout the Parking Lifecycle from early parking studies to full Parking Structure Design to Condition Assessments of older structures.

Taylor is an active member of the National Parking Association Parking Consultants Council. She has written and spoken on mechanical and automated parking, using parking to enhance the arrival experience and mixed-use parking.

Currently, she is contributing to the next edition of the National Parking Association's Dimensions of Parking.

Relevant Projects
City of Palo Alto Public Safety Building Study and Parking Structure, CA City of Orange Grand Street Parking Structure Study, CA City of Salinas Parking Structure Feasibility, CA
City of San Francisco Public Utilities Commission Campus Parking Structure CA Tustin Metrolink Parking Structure, CA
Long Beach Airport Parking Structure, CA
41 Area Recon and BEQ Parking Structures, Camp Pendleton, CA Santa Cruz Harbor Parking Management Plan, CA
Town of Danville Parking Study, CA
Town of Truckee Parking Study, CA
Union City Station District Parking Study, CA
San Francisco Traffic Co & Forensic Services Division Facility Peer Review, CA CSU Long Beach Parking Structures 2 & 3, CA
Saddleback College Parking Study, Mission Viejo, CA
UC San Francisco Millberry Union Parking Structure Feasibility Study, CA Oregon Health and Science University PS 1 Replacement Feasibility Study Portland, OR Stanford University Manzanita Parking Structure, CA
Mineta San Jose International Airport Economy Lot Parking Structure, CA Pittsburgh International Airport Multimodal Complex & Parking Garage, PA Burien Park & Ride Parking Structure, WA
Baldwin Park Transit Center Parking Structure, CA
BART Richmond Transit Village Parking Structure, CA
Mineta San Jose International Airport ConRAC & Parking Structure, CA UC Davis Health Center Parking Structure III, Sacramento, CA UC Davis Health Center Parking Study, Sacramento, CA

29 4. PROJECT TEAM ORGANIZATION
Christopher Maulino, PE
Engineering Project Manager
Education
Master of Science, Architecture with
Architectural Engineering specialization,
California Polytechnic State University, San Luis
Obispo, CA
Bachelor of Science, Architectural Engineering,
California Polytechnic State University, San Luis
Obispo, CA
Registrations
PE (#85725), CA (5/26/16)
Affiliations
Structural Engineers Association
International Parking & Mobility Institute
US Green Building Council
Design Build Institute of America
"As the structural system usually accounts for over half of a project’s construction costs, we look for innovative, cost- effective structural solutions for our clients," says Chris. "This allows them to devote more of their project budget to the programming, design features and bells and whistles that will realize their vision." A licensed engineer, Christopher has worked exclusively in parking design for over 10 years. His extensive training in structural engineering is highlighted in projects such as the Palo Alto Public Safety Building Parking Structure and the Cultural Arts District Parking Structure.

In addition to delivering projects to satisfied clients, Chris' projects, such as such as the UC Riverside Big Springs Parking Structure #2, have received recognition from the International Parking & Mobility Institute and other associations.

Christopher is a member of the International Parking & Mobility Institute and the Design Build Institute of America.

Relevant Projects
Cultural Arts District Parking Structure, San Luis Obispo, CA Palo Alto Public Safety Building Parking Structure, CA
San Mateo County Government Center Parking Structure #2, Redwood City, CA UC Riverside Big Springs Parking Structure #2, Riverside, CA UC San Diego Osler Parking Structure & Visitor's Center San Diego International Airport Terminal 1 Parking Plaza, CA LAX Economy Parking Structure, Los Angeles, CA
Pittsburgh International Airport Multimodal Complex & Parking Garage PA San Diego International Airport Terminal 2 Parking Plaza, San Diego, CA Sierra College Rocklin Campus Parking Structure, Rocklin, CA Stanford Manzanita Field Parking Structure, Stanford, CA Salinas Valley Memorial Hospital Parking Structure, Salinas, CA UC San Diego Medical Center Hillcrest Campus Master Plan & Parking Structure, La Jolla, CA Marin General Hospital Parking Structure, CA
Washington Hospital Parking Structure, Fremont, CA
Peninsula Crossing North Parking Structure, Burlingame, CA Peninsula Crossing South Parking Structure, Burlingame, CA Intuitive Surgical Campus Parking Structures, Sunnyvale, CA Facebook Corporate Campus Parking Structure, Menlo Park, CA Apple Park Corporate Campus, Cupertino, CA
North Parking Structure
South Parking Structure
Tantau 10 Parking Structure
Visitor's Center Parking Structure
North First & Brokaw Parking Structure, San Jose, CA
279 East Grand Avenue Office Campus Parking Structure, South San Francisco, CA 1470 Owens Parking Structure San Francisco, CA
520 Almanor Parking Structure, Sunnyvale, CA
Phoenix Biomedical Campus Parking Structure, AZ
219 Salinas Parking Structure, Salinas, CA

30 4. PROJECT TEAM ORGANIZATION
Jane Cataldo, PLA, LEED AP
Landscape Architect
Education
Bachelor of Science with Specialization in
Landscape Architecture,
Cornell University College of Agriculture and Life
Sciences, Ithaca, NY
Registrations
Landscape Architect, CA # 2512, 1984
LEED Accredited Professional, 2009
Jane has worked as Project Director on several parking structure facilities, providing interior and exterior landscape design services for entry areas, parking lots, streetscape/medians, atriums, and public exterior plazas. Project types vary from long-range planning to site-specific needs. In all cases, reduction of water use and ongoing maintenance were key factors. She is responsive to both environmental and aesthetic goals. Jane works with the site design team to maximize onsite drainage and low impact design (LID) measures.

At LCI, she continually strives to design projects that demonstrate that conservation and energy efficiency can coexist and lend lasting and timeless beauty to the built environment.

Relevant Projects
LAX Economy Parking Structure, Intermodal Transportation Facility West (ITFW), Los Angeles, CA. As Project Director, Jane worked with the design team during the proposal/project development phases to address strategic project relationships, design criteria specific to sustainable landscape design, and opportunities and constraints regarding the site mitigation for this new four-story, 4,500 stall parking structure. The project supports new transportation infrastructure at LAX and connects terminals with the mid point stop of the Automated People Mover.

Anaheim Convention Center, Anaheim, CA. As Project Director, Jane worked with the Design/Build team to coordinate onsite and offsite landscape and hardscape improvements for the Convention Center improvements.

Project boundaries and the interface with existing facilities was a critical design item. The existing plaza areas and parking structure ingress/egress were redesigned to provide a seamless transition between the new expansion and exhibit hall. The design incorporates the City of Anaheim Resort District Master Plan criteria and the most recent Water conservation ordinances, including the provision for future reclaimed water implementation.

Stocker Street Creative Studio & Sound Stage Creative Campus, Stocker Street, Baldwin Hills, CA As the Project Director/ Sr. Landscape Architect, Jane participated in all aspects of design management of the landscape and pedestrian spaces for this state-of-the-art studio and sound stage project. The project boasts sustainable development, office and production support space, studio sound stages, campus open space, retail, restaurants, four story parking structure and rooftop/ greenspace amenities. Jane worked with the design team to prepare conceptual designs and full PS&E documents including B Permit plans for the City of Los Angeles streetscapes.

City of Fresno Airports Department, Fresno Yosemite International Airport – Long Term Parking Structure, Fresno, CA. As Project Director, Jane worked with the design team and design build contractor to develop plans for this 900 stall, multi-level parking structure adjacent to the airport terminals. LCI prepared preliminary landscape plans and subsequently the team was awarded the project. LCI’s scope of work included all planting and irrigation for the new structure, and perimeter planting for all disturbed areas within a 15’ buffer zone of the new structure. In addition, LCI retrofitted and expanded the existing irrigation system, resolving existing water management deficiencies.

31 4. PROJECT TEAM ORGANIZATION
Bruce Kirby, PE, QSD/QSP
Associate Principal | Senior Civil
Engineer Project Manager
Education
B.S., Civil Engineering;
California Polytechnic University, Pomona, CA
Registrations
Professional Civil Engineer CA No. 42393, 1987
Qualified SWPPP Developer (QSD) &
Practitioner (QSP) CA, No. 20900
Bruce has been involved in land development site engineering and is a professional engineer that has directed the design of many civic, institutional, educational, retail, commercial, industrial, residential, and recreational projects throughout southern California. These projects have included providing such services as preliminary engineering and backbone engineering design for the grading, roadway, storm drain, sewer and water infrastructure required for several large master-planned community projects.

Relevant Projects
Uptown Whittier Parking Structure, Whittier CA
Laguna Beach Downtown Parking Structure, Laguna Beach, CA Mt. San Antonio College Parking Structure, Walnut, CA
Long Beach Community College District PCC Parking Structure, Long Beach, CA Great Park Visitor’s Center Plaza, Irvine, CA
Mt. San Antonio College Central Campus Infrastructure (CCI) and Student Center, Walnut, CA Toyota/Nissan Auto Storage Lot, San Rafael, CA
RSCCD Orange Education Center, Santa Ana, CA
El Toro High School Building 200 and Library Building Remodeling and Site Parking, Lake Forest, CA Heritage Park Master Plan - Irvine, Irvine, CA
West Covina High School New Classroom and Parking Dropoff, West Covina, CA Santa Ana Recycling Center, Santa Ana, CA
Morningside High School ADA Improvements, Inglewood, CA Providence Holy Cross Medical Center - Land Swap Parking Area, Mission Hills, CA Nancy Ridge Business Park Project, San Diego, CA
Harbor Day School – Parking Lot Improvement, Corona Del Mar, CA Bay Center Foods, Valencia, CA

32 4. PROJECT TEAM ORGANIZATION
Benny Sy, PE, CPD
Principal Mechanical Engineer
Education
BS Mechanical Engineering
San Diego State University, 2006
Registrations
Professional Engineer California, 2013
Certified in Plumbing Design, CPD, 2014
Affiliations
American Society of Heating, Refrigeration and
Air Conditioning Engineers (ASHRAE)
American Society of Plumbing Engineers (ASPE)
Benny has 18 years of experience designing mechanical & plumbing systems for a variety of facilities ranging from healthcare, science and technology to Government, office buildings, residential and academic. He has provided mechanical design services on more than 180 public and private sector projects.

His experience includes HVAC project management, energy conservation, HVAC load calculations, energy modeling, installation and operating cost reduction analysis, energy and feasibility studies, central cooling and heating plants, and construction observation.

Relevant Projects
County of SD Cedar & Kettner Parking Structure
Value: $37,000,000 | Role: Principal Mechanical Engineer Description: Mechanical design for the Cedar & Kettner Parking Structure located in Little Italy neighborhood of downtown San Diego. The 240,000 SF design-build garage provides 650 spaces with three levels below grade and six levels above. The structure includes two state-of-the-art elevators, as well as two stairways in opposite corners of the floor plate. The County Center/Little Italy trolley station is located on the western boundary. The project is designed to provide parking to County workers at the nearby County Administration Center during the day, and on nights and weekends paid public parking to visitors who want to explore Little Italy.

County of San Diego Operations Parking Structure
Value: $13,000,000 | Role: Principal Mechanical Engineer Description: Mechanical design services for the County of San Diego Operations Parking Structure. The first phase of Parking Structure B1, includes 850 stalls, and a tenant improvement for the fleet facility, which occupies the ground floor of Parking Structure B1.

SDCCD Cesar Chavez Parking Structure
Value: $9,200,000 | Role: Principal Mechanical Engineer Description: Mechanical design for the four-level parking structure with 320 spaces to accommodate parking needs for the Cesar E. Chavez Continuing Education Campus located in Barrio Logan. It will also support a future classroom building on the campus of San Diego Community College District’s Continuing Education. The parking structure includes 4,000 SF rooftop level solar electric panels.

Other Parking Structure Experience:
• Valley View Casino Hotel, Office, and Parking Structure • Watermark 2 Office Bldg & Parking Structure
• Paseo del Norte Parking Structure
• Ballpark Village Parking
• CAC Waterfront Park Parking Structure

33 4. PROJECT TEAM ORGANIZATION
Eric Leftwich, PE
Principal Electrical Engineer
Education
BS Electrical Engineering
Kansas State University
Registrations
Professional Engineer California, 2013
Affiliations
Institute of Electrical and Electronics Engineers
(IEEE)
International Association of Electrical Inspectors
(IAEI)
National Fire Protection Association (NFPA)
Eric has over 16 years of experience as an electrical engineer after earning his Bachelor of Science degree in Electrical Engineering from Kansas State University. Eric has extensive experience in design-build delivery projects for a range of facilities, such as higher education dormitories and academic research buildings, underground rail transit stations, governmental, embassies, military facilities, solar photovoltaic power generation systems, office and industrial buildings, and shipyard maritime facilities throughout California, Texas, and the East Coast.

He has led the electrical design and construction administration for a wide range of both public and privately funded projects. Eric has experience in distributed power generation systems including solar PV and battery storage systems, both for large scale utility power and commercial solar applications. He is a registered engineer in California, Arizona, Texas, and New Jersey, and he has completed projects in more than a dozen states and several foreign countries.

Relevant Projects
County of San Diego Operations Parking Structure
Value: $13,000,000 | Role: Principal Electrical Engineer Description: Electrical design services for the County of San Diego Operations Parking Structure. The first phase of Parking Structure B1, includes 850 stalls, and a tenant improvement for the fleet facility, which occupies the ground floor of Parking Structure B1.

SDIA Terminal 1 Parking Plaza
Role: Principal Electrical Engineer
Description: Electrical engineering design services for a structured 5-story parking facility, approximately 9.2 acres. The Authority intended for this project to be more than a typical parking “garage” and provide a high-level experience for all parking customers. The Parking Plaza program includes public-use parking spaces at grade and in an elevated structure. The T1PP program includes commercial vehicle loading zone(s) at grade; some loading zones are within the elevated structure footprint.

Legoland Parking Structure
Value: $8,600,000 | Role: Principal Electrical Engineer Description: Electrical engineering design services for the new Legoland parking structure that serves as an employee parking lot located in Carlsbad, CA. The three-level parking structure includes 618 stalls with parking on the roof.

Other Parking Structure Experience:
• Watermark 2 Office Bldg & Parking Structure
• The Grand Del Mar Resort Parking Structure
• Ballpark Village Parking

34 4. PROJECT TEAM ORGANIZATION
David K. Noji, LEED AP
Principal Plumbing Engineer
Education
CSU Long Beach, 1980
Registrations
LEED®AP
Affiliations
United States Green Building Council (USGBC)
Society of American Military Engineers (SAME)
American Society of Plumbing Engineers (ASPE)
California Society for Healthcare Engineers
(CSHE)
National Fire Protection Organization (NFPO)
David has worked in mechanical and plumbing engineering consulting firms in Fresno and San Diego for the past 43 years. He has completed HVAC, plumbing and fire protection design services for a variety of facilities including hospitals, laboratories, skilled nursing facilities, and universities and has worked for the local and federal government as well as manufacturing and industrial markets.

His broad experience includes deionized water systems, medical and laboratory gases to include oxygen, vacuum, compressed air, nitrogen, nitrous oxide, acid waste systems, industrial water and domestic hot and cold water systems.

His experience also includes design of HVAC systems, cooling towers, boiler plants and site utility distributions to include natural gas and compressed air.

Relevant Projects
Project: County of SD Cedar & Kettner Parking Structure Value: $37,000,000 | Role: Principal Plumbing Engineer
Description: Plumbing design for the Cedar & Kettner Parking Structure located in Little Italy neighborhood of downtown San Diego. The 240,000 SF design-build garage provides 650 spaces with three levels below grade and six levels above. The structure includes two state-of-the-art elevators, as well as two stairways in opposite corners of the floor plate. The County Center/Little Italy trolley station is located on the western boundary. The project is designed to provide parking to County workers at the nearby County Administration Center during the day, and on nights and weekends paid public parking to visitors who want to explore Little Italy.

Project: SDCCD Cesar Chavez Parking Structure
Value: $9,200,000 | Role: Principal Plumbing Engineer
Description: Plumbing design for the four-level parking structure with 320 spaces to accommodate parking needs for the Cesar E. Chavez Continuing Education Campus located in Barrio Logan. It will also support a future classroom building on the campus of San Diego Community College District’s Continuing Education. The parking structure includes 4,000 SF rooftop level solar electric panels.

Project: Legoland Parking Structure
Value: $8,600,000 | Role: Principal Plumbing Engineer
Description: Plumbing engineering design services for the new Legoland parking structure that serves as an employee parking lot located in Carlsbad, CA. The three-level parking structure includes 618 stalls with parking on the roof.

Other Parking Structure Experience:
• Sharp Main Hospital Parking Structure
• City of Placentia Parking Structure
• Valley View Casino Parking

35 4. PROJECT TEAM ORGANIZATION
Laith Kawar
Cost Estimating Manager
Education
BS, Mechanical Engineering
University of California, San Diego
Laith is a mechanical engineer with experience in the day-to-day management of sites, including supervising and monitoring the site labor force and the work of any subcontractors. He has sound knowledge and experience in standard construction methods and expertise in construction estimation and project control techniques. He has over 11 years of experience and works from our Irvine, CA office. He provides quantity take-off and coordinates cost estimates. Laith has experience on a wide range of projects including municipal and federal buildings, educational facilities, and infrastructure projects.

Relevant Projects
Bakersfield College: New Surface Parking
City of Las Vegas: Arts District, Parking Garage
City of N Las Vegas: Craig Ranch Park Multi-Use Fields and Parking Clark County Real Property Management (CCRPM): Indian Springs Park, Accessible Trail, Shade Structures, Site Furnishings, Landscape and Irrigation, Parking and Site Lighting CCRPM: Fire Stations 14, 17, 24 & Parking Garage + Fire Stations 72, 73 & 74 CCRPM: Government Center, S Parking Lot Modular Building CCRPM: Russell Campus Covered Parking Structure and CCTV Relocation CCRPM: Russell Campus, Photo Voltaic and Parking Improvements CCRPM: Various Parking Lots Replacement
Las Vegas Readiness Center: Parking Expansion, Civil Grading and Site Lighting Legal Aid Center of Southern Nevada: New Building, Parking Structure and On-Site Improvements Los Angeles DPW: LAC+USC Parking Lot 9 Structural Repairs and ADA Improvements Mt. San Antonio College: Lot S Parking
NV Energy: Beltway Complex Parking Lot Expansion, Carport Canopy Structures, Photo Voltaic System and On-Site Improvements
University of Nevada Las Vegas: Shadow Lane Parking Lot Camera Improvements University of Nevada Las Vegas: Desert Research Institute, Parking Lot

36 4. PROJECT TEAM ORGANIZATION
Lance Harris
Financial Analysis
Education
M.A. in Urban Planning, specializing in real
estate and economic development
USC Price School of Public Policy
B.A. in Political Science
Trinity College, Hartford, Connecticut
Affiliations
American Planning Association
Former Chair of the APA’s Economic
Development Division
With nearly 20 years of experience in land use economics, Lance provides clients with market demand and feasibility studies, mixed-use programming recommendations, financial analysis, economic and fiscal impact assessments, and economic development strategies.

Integral to Lance's work is the premium placed on developing analysis techniques to gather data at the micro level for market analysis. Using a combination of public data sources, private secondary data sources, first person interviews, GIS data, and on-the-ground site inspection, he is able to construct various models of analysis to effectively determine a development’s market area, capture rate, and absorption, which determine overall demand and feasibly.

His broad range of experience working with cities, counties, redevelopment agencies, land planning/urban design firms, and real estate development interests allows him to effectively evaluate projects from both the private and public perspective.

Lance’s work in market analysis has included analysis of variety of land uses including residential, industrial, retail, office, hotel, recreational, and mixed-use development. Illustrative projects for private developers and municipal clients are included below.

Relevant Projects
Grantville Redevelopment Area Community Plan Economics (San Diego, California) Transit Village Specific Plan Economics (El Monte, California) Fresno High Speed Rail TOD Plan Economics (Fresno, California) Economic Futures Analysis of Nodes & Corridors (los Angeles, California) The Shoppes Phase II Compass Blueprint Project (Chino Hills, California) Feasibility of Alternative TOD Concepts (Los Angeles, California) Bob Hope Master Plan Mixed-Use TOD Analysis (Burbank, California) TOD Financial Analysis (Santa Monica, California)
SunCal’s Proposed Waterfront Mixed-Use Project (Redondo Beach, California) San Diego Incentive Zoning Economics (San Diego, California) Sunroad Enterprises Confidential Market Analysis (San Diego, California) The Howard Hughes Development Corporation Confidential Market Analysis (Dallas, Texas) Forest City Confidential Market Analysis (Los Angeles, California)

37 5. STAFFING SUMMARY
May June July August September October
6 13 20 27 3 10 17 24 1 8 15 22 29 5 12 19 26 2 9 16 23 30 7 14 21 28

STAFFING PLAN STAFF
PHASE 1: Concept Design 13 WEEKS
Kickoff Meeting Michael Pendergrass
Taylor Kim
Preliminary Parking Options
Taylor Kim
Chris Maulino
Assistant PM
Client Meeting
(Review Prelim Options)
Michael Pendergrass
Taylor Kim
Parking Option Revisions
Taylor Kim
Assistant PM
Senior Designer
Public Workshop #1 Michael Pendergrass
Taylor Kim
Produce Arch Design Senior Designer
Produce Renderings Senior Designer
Client Meeting Michael Pendergrass
Taylor Kim
City Council Meeting Michael Pendergrass
Taylor Kim
Parking Option Revisions Assistant PM
Senior Designer
Client Meeting Michael Pendergrass
Taylor Kim
Planning Commission Meetings Michael Pendergrass
Taylor Kim
Parking Option Revisions Assistant PM
Senior Designer

38 5. STAFFING SUMMARY
May June July August September October
6 13 20 27 3 10 17 24 1 8 15 22 29 5 12 19 26 2 9 16 23 30 7 14 21 28

STAFFING PLAN STAFF
PHASE 2: Schematic Design 9 WEEKS
Client Kick-Off Meeting Michael Pendergrass
Taylor Kim
SD Kick-Off Consultant Onboard-
ing Taylor Kim
Assistant PM
Schematic Design Taylor Kim
Chris Maulino
Assistant PM
Senior Designer
50% SD Client Meeting Michael Pendergrass
Taylor Kim
Update Renderings Senior Designer
Final SD Package Assistant PM
Senior Designer
Client Meeting Michael Pendergrass
Taylor Kim

39 6. STATEMENT OF AVAILABILITY
Watry Design is home to a collaborative team of architects, engineers, parking planners and support staff that provide us the flexibility to develop parking solutions that exceed expectations. We pride ourself on meeting and exceeding project schedules. The keys to our success are getting things right at the start of a project, and assigning a consistent Project Manager and team to the project from beginning to end.

The project tream we have assembled for the City of Upland of Michael Pendergrass, Taylor Kim and Christopher Maulino, and our subconsultants, have the availability and capacity to deliver this project from concept to completion.

40 7. OUR UNIQUENESS
At Watry Design, It's Not the Journey, It's the Parking! Our unmatched passion for parking inspires creative solutions that communities can be proud of. Our unique design process empowers our architects, structural engineers and planners to provide their professional expertise in every aspect of our parking solutions.

Watry Design’s team of experts, with an average tenure of 15 years, offer the City a collective knowledge that translates to a better user experience, a smoother design and construction process and often reduces the cost of your project.

Our design legacy was shaped by a notable portfolio of parking projects that support downtowns similar to the City of Upland. We understand the challenges associated with government parking projects and the unique processes involved with their successful completion. Through this experience, we have developed a Collaborative Design Workshop that has proven highly effective in gaining consensus among stakeholders, which we would be happy to utilize with the City if it algns with your stakeholder goals.

These differentiators uniquely position us to partner with the City of Upland, evaluate the possibilities and develop a concept design that delivers on your goals.

Having Architecture, Structural Engineering & Parking Planning Under One Roof Streamlines the Process
With architecture, structural engineering and parking planning all under one roof, Watry Design understands every aspect of parking. We ensure a streamlined design process by cross-training our staff and utilizing a parallel architectural and structural engineering process.

Every designer in our firm knows the impact of their decisions on all other design specialties. Our Structural Engineers know parking layout and our Architects understand shear wall layout. Second, our multidiscipline team solves parking problems within a parallel AEP process. We do not design with one discipline following another; we sit together, brainstorm, discuss and solve parking with all systems in mind. Every column affects parking, every architectural panel needs a structural solution, and so on and so on – this is all we do, and our team takes a holistic approach to parking solutions.

This collaborative approach gives us a thorough understanding of the necessary steps required to efficiently execute the design process from concept to completion, which in turn translates to an exceptional track record of delivering parking solutions on-time and on-budget. We use the insight and experience of all of our architects and engineers on every project, share lessons learned with all project managers after each project and meet regularly to discuss current issues and solutions.

We are able to consistently achieve our schedule commitments because of our highly effective integration of design disciplines, reliance on detailed work flow charts, internal quality control procedures, and excellent document production capabilities. We also have unique tools for calculating cost estimates. Watry Design enjoys close relationships with the contractors who specialize in building parking structures. These relationships provide our firm access to the most current construction cost data, including line item cost breakdowns.

Using this information, coupled with our in-depth understanding of the critical elements that affect the construction cost of a parking structure, Watry Design created its own cost estimating calculator. We call it the “Garagenator.” We use the Garagenator to compare multiple options and prepare representative budgets for our designs at all stages during the design evolution. This process is one of the key contributors to our outstanding track record for meeting or exceeding project budget expectations. We invite you to explore this tool for yourself at http:// garagenator.watrydesign.com.

Long History of Integrating Parking into Historically Significant Downtowns Watry Design has an unparalleled portfolio of downtown public parking structures that meet or exceed expectations. Many of these projects have been in downtown cores where scale and style of the project was critical to the project’s success.

Developing parking structures in downtowns with adjacent uses requires sensitivity to circulation patterns that work without having unnecessary traffic congestion or light pollution on neighboring buildings. This includes incorporating architectural Concept Rendering for the City of Orange Grand Street Parking Structure

41 7. OUR UNIQUENESS
features that block headlights, traffic patterns that encourage the traffic away from residential streets, and entrances and exit configurations that minimize back up and noise.

For example, for the City of Mountain View we designed a structure that uses traditional building proportions for the openings to create the illusion of windows.

Trees now line ample sidewalks along both Bryant and California. Decorative exterior lighting fixtures enhance the garage’s façade at night. Careful consideration was taken to create the high light levels required for parking while minimizing the spillage into the adjacent residential neighborhood. Pedestrian connections were also carefully considered. A walk that connects the parking structure to the main downtown shopping and dining area is marked by a beautiful wrought iron gazebo.

Rey Rodriguez, Senior Project Manager for the City of Mountain View, describes the facility as “an example of the City’s continuing commitment to provide services to meet the needs of a growing, thriving and vibrant downtown.” Collaborative Design Workshop
Watry Design recognizes that completing a project that the community can be proud of involves effective outreach. Over the course of almost 50 years, our firm has found that gaining consensus by collaborating with stakeholders and the community on the purposes, processes and issues raised by the project is highly effective. We gather ideas and concerns from these groups, which can then be factored into the recommendations and solutions we propose to the City.

First, Watry Design meets with City staff to review the list of stakeholders and community groups that are desired to support the project’s success. We discuss the desired outcomes and determine a schedule. Once we understand the outreach goals, Watry Design works with our client to schedule a Collaborative Workshop. It is important to develop this plan as early as possible in order to provide sufficient notification and maximize attendance. This workshop functions as the hub of the community outreach plan.

The objective of this workshop is two-fold. First, it provides an opportunity for the study team to educate the stakeholders about the specific project parameters and issues. Second, it provides a forum for the community members to offer valuable input regarding the issues, concerns, constraints and other important considerations that are to be addressed by the plan.

A successful Collaborative Workshop familiarizes stakeholders with important aspects of the project. Stakeholders are made aware of tough decisions that may be necessary for the project and asked for input on how to evaluate priorities for making parking decisions. They hear the ideas and concerns of other community members while collectively communicating their priorities to the design team responsible for executing the study.

The workshop process are customized to meet our client's needs and may include things such as:
• Design team members and others presenting relevant technical data that can affect recommendations and outcomes.
• Address topics such as traffic considerations, pedestrian access, driver comfort and safety.

During this process, stakeholders have the opportunity to create their vision for the City. We encourage participants to roll up their sleeves and use scissors and tape to cut and lay out parking templates in the way they think best on the site. Watry Design facilitators help lead the process and answer questions about setbacks, ramping types and lengths and building height.

Engaging in this collaborative design process helps stakeholders understand the goals of the project and why, for example, a parking structure may need to be three levels to get to the required stall count. Understanding the goals of the project in the context of the site constraints helps to gain consensus among shareholders with different priorities. If this approach to stakeholder outreach resonates with you, we would be happy to integrate our Collaborative Design Workshop metholology into our 2 public outreach meetings.

City of Mountain View Parking Structure

42 8. CONSULTANT FEE

ARCH/PARKING STRUCTURAL CIVIL LANDSCAPE MEP COST ESTIMATING FINANCE TOTAL PHASE 1: CONCEPT DESIGN $75,000 $10,000 $10,050 $42,180 $10,000 $- $14,000 $161,230 PHASE 2: SCHEMATIC DESIGN $50,000 $25,000 $56,950 $7,670 $10,000 $14,960 $- $164,580 TOTAL $125,000 $35,000 $67,000 $49,850 $20,000 $14,960 $14,000 $325,810 REIMBURSABLE EST.* $10,000 $- $1,000 $300 $- $- $500 $11,800 GRAND TOTAL $135,000 $35,000 $68,000 $50,150 $20,000 $14,960 $14,500 $337,610

ADDITIONAL SCOPE
Topo Survey Basemap $- $- $38,000 $- $- $- $- $38,000 Conceptual Option Cost Estimating $- $- $- $- $- $17,670 $- $17,670 * Arch/Parking Reimbursable in-
cludes $8,000 for rendering services
See page 43-44 for Scope of Work

43 8. CONSULTANT FEE
Scope of Work
Concept Design Phase

1. Kick off meeting with the client, 1 in-person meeting in Upland

2. Coordination and preparation meeting with the client, 4 online meetings

3. Attend 1 City Council and 1 Planning Commission meeting, in-person in Up- land

4. Attend 2 workshops/stakeholder meetings, in-person in Upland

5. Review site information and program requirements provided by the client

6. Research parking regulations and zoning information for the local jurisdiction

7. Develop 3 total alternate conceptual parking layouts for the two site options:
a. Parking structure on the SE corner of N First Street and C Street approxi- mately 263’ x 140’
b. Parking structure spanning over C Street approximately 510’ x 140’

8. Each alternate concept will include the following design elements a. Ramping and circulation
b. Floor to floor heights and overall building height
c. Pedestrian and vehicular access
d. Grid layout with preliminary structural layout
e. EV and ADA parking required by code
f. Parking summation

9. Review with the Client alternative approaches to the architectural design and provide 2 architectural façade design concepts on a single parking layout concept

10. Provide a cost benefit analysis for ground floor commercial/retail space for potential cost recovery factors

11. Provide a projection of ongoing operations and maintenance costs, and iden- tify potential revenue sources such as parking fees and lease arrangements.

12. Civil
a. Provide site development restrictions that may impact design concepts.

Provide review of design compliance to confirm design feasibility.

13. Landscape
a. Prepare 3 color-rendered illustrative conceptual landscape plan for each parking layout concept, including decorative pedestrian hardscape, tree, shrub and ground cover areas.
b. Prepare 2 photo image boards

14. MEP
a. Basis of Design narrative for 3 parking options to inform a high level cost estimate
b. Provide concept solar PV power generation system including energy production stimates

15. Deliverables
a. Architectural floor plans
b. Elevations (4)
c. Building sections (2)
d. 3D massing model and renderings (2)
e. Preliminary landscape plans
f. Basis of design narrative
Schematic Design Phase

1. Coordination meeting with the client, 4 online meetings

2. Establish the structural design criteria which may include but is not limited to:
a. Deflection Criteria
b. Lateral Movement Criteria
c. Live Load Criteria
d. Other Special Criteria furnished by the Owner
e. Provide structural criteria for the geotechnical engineer

3. Civil Design
a. Contact the City and utility companies that serve the site or have utilities within the adjacent streets. We will gather the available record drawings and/or block maps to depict the record location of the utilities superim- posed onto the existing topographic basemap survey
b. Preliminary civil design documents including the following:
i. Existing conditions plan
ii. Site Demolition Plan
iii. Horizontal Control / Site Improvement Plan
iv. Preliminary Grading and Drainage Plan
v. Composite (Wet) Utility
vi. Preliminary Water Quality Management
vii. Preliminary Stormwater Control Plan

4. Landscape
a. Prepare 2 final photo image boards
b. Update final landscape plans and images

5. MEP
a. Basis of Design narrative for 1 chosen parking structure b. Input and coordination of MEP room locations and reuqiremnets for buildng design
c. PV system design including site plans and energy production estimates for the chosen parking option.

44 8. CONSULTANT FEE

6. Based on the chosen parking option, the initial study for the parking struc- ture shall be provided in compliance with CEQA requirements. The following drawings shall be submitted:
a. Parking Level Plans
b. Structural Framing Plans
c. Structural Calculations as needed
d. Exterior Elevations
e. Building Cross Sections
f. Typical Wall Sections as needed
g. 3D Model of the building depicting the architectural design solution h. Civil site plans
i. Landscape plans, elevations & images
j. Basis of design for building systems
Optional Servcies

1. Topographic Design Basemap Survey: Our union field crews will perform a topographic survey to locate detailed topography within the site area limits.

This includes but is not limited to: existing building corners, finish floor eleva- tions, walkways, curbs, gutters, hardscape features, stalls, and trees (typically over 4” diameter – at chest height), along with drip lines (except for trees in parking lots.) This includes supplemental data where critical exit and entry doors connect to the sidewalk where ADA accessibility conformance is vital to the design. The Path of travel (POT) walkway elevations, including any existing ADA Parking Stall elevations. Additionally, they will locate existing visible utili- ties within and to serve the site and obtain the rim and pipe invert elevation (with pipe sizes) of gravity utilities (sewer and storm drain), that serve, or are directly adjacent to, the site. This 20-scale topo will include 1-foot contours, on a developed surface in AutoCAD 2018 format. A boundary line will be ref- erenced and shown on the topographic basemap (with a disclaimer that this is not a resolved property boundary but only a reference to the County Public Works GIS data). Benchmark and Basis of Bearing will be stated and .pdf and .dwg version will both be provided.

2. Conceptual Cost Estimate: Develop high level cost estimates for up to 3 op- tions during concept design to assist in selecting a parking layout concept and inform cost benefit analysis.

DATE: June 10, 2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: CHRIS ALANIS, INTERIM PUBLIC WORKS DIRECTOR

JOSE REYES, LEAD EQUIPMENT MECHANIC
SUBJECT: CONSIDER APPROVAL OF THE PURCHASE OF ONE INFORMATION TECHNOLOGY

ADMINISTRATION VEHICLE

RECOMMENDED ACTION:

It is recommended that the City Council approve the purchase of one (1) 2023 Ford Mustang Mach E form Fritts Ford in the amount of $51,313.91; and authorize the City Manager to execute all necessary documents for the purchase of this vehicle.

GOAL STATEMENT
The proposed action supports the ongoing long-term City-wide Fleet replacement and modernization program.

BACKGROUND
The public Works Fleet Maintenance Division is responsible for the acquisition, maintenance and repair of City fleet vehicles and equipment. As part of the City’s long-term fleet replacement and modernization program, the Fleet Maintenance Division works with all City Departments on design, acquisition, and vehicle replacement.

Unit 085 is assigned to the IT Division and is reaching its end of cost-effective lifecycle. This vehicle is scheduled for replacement as part of the Public Works Fleet Maintenance Division long-term replacement program.

On June 12, 2023, the City Council approved the FY23/24 budget, which included funds allocated for the replacement of Unit 085.

ISSUES AND ANALYSIS
On May 08, 2024, the Public Works Fleet Maintenance Division sent out a bid request to five (5) local Ford dealerships. Bids closed on May 16, 2024, and the Fleet Maintenance Division received one bid packet from Fritts Ford (bid sheet attached).

ENVIRONMENTAL DETERMINATION
The purchase of a vehicle for maintenance is not considered a project under the California Environmental Quality Act (CEQA) and is Exempt from CEQA

FISCAL IMPACTS
The FY 23/24 operating budget includes the funds for the purchase of this I T Administration vehicle in account 211- 2502-5531. No additional appropriation is necessary.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Not a Project.

DATE: June 10, 2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: CHRIS ALANIS, INTERIM PUBLIC WORKS DIRECTOR

BOB CRITCHFIELD, ENGINEERING MANAGER
SUBJECT: NOTICE OF COMPLETION FOR PROJECT NO. 9128, RESERVOIR 15 REPLACEMENT AT 17TH STREET

RECOMMENDED ACTION:

It is recommended that the City Council accept the work; authorize the City Manager or his designee to record the Notice of Completion; and, reduce the Faithful Performance Bond to 10% for Project No. 9128, Reservoir 15 Replacement at 17th Street.

GOAL STATEMENT
The proposed action supports the City’s goal of maintaining water facilities in good operable condition in order to provide safe and reliable service to the community.

BACKGROUND
On November 23, 2020, the City Council awarded Project No. 9128 to Gateway Pacific Contractors, Inc. and authorized up to $14,140,000 (including contingencies) for the work. The project consisted of over -excavation and grading, placement of structural fill material, construction of a 7.5 MG concrete reservoir, booster pump station improvements, chlorine system and secondary containment improvements, onsite infiltration basin and overflow structure, access road and security fencing, as well as landscape and irrigation.

ISSUES AND ANALYSIS
The contractor has since substantially completed the required improvements and the reservoir is in use and will continue to go through operational testing. The City can now accept the work, file the Notice of Completion, and reduce the Faithful Performance Bond to 10%. The City will retain the Labor & Materials Bond for six (6) months and release it thereafter, provided no liens or stop notices are filed against the project.

ENVIRONMENTAL DETERMINATION
The project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (“CEQA”), and the State CEQA Guidelines. A Mitigated Negative Declaration was previously prepared and adopted for the project pursuant to the provisions of CEQA. The City filed the Mitigated Negative Declaration with the County of San Bernardino on November 1, 2017. The State Clearing House acknowledged City compliance on December 1, 2017.

FISCAL IMPACTS
The final construction cost of $13,888,913.06 is within the original authorized appropriation amount of $14,140,000, therefore, no additional appropriation is necessary.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: A Mitigated Negative Declaration was previously prepared and adopted for the project pursuant to the provisions of CEQA.

Recording requested by
and when recorded mail to:

City of Upland, City Clerk’s Office
460 N. Euclid Avenue
Upland, CA 91786

(Space above this line for Recorder’s use)
This document is exempt from the payment of a recording fee pursuant to Government Code Section 27383
Notice of Completion
Pursuant to Civil Code Section 3093, NOTICE is hereby given that:

The undersigned is the owner of the interest or estate stated below in the property hereinafter described. The full name and address of owner is City of Upland, 460 North Euclid Avenue, Upland, California 91786.

Assessors Parcel Numbers N/A, in and to the hereinafter described property.

The work was completed on that certain work known as Project No. 9128, Reservoir 15 Replacement at 17th Street for the undersigned City of Upland, a Municipal Corporation, on the 15th day of February, 2024.

The City accepted the job on the 10th day of June, 2024.

The Contractor on said job was Gateway Pacific Contractors, Inc. of Sacramento, California.

The improvement(s) consisted of overexcavation and grading, placement of structural fill material, construction of a 7.5 MG concrete reservoir, booster pump station improvements, chlorine system and secondary containment improvements, onsite infiltration basi n and overflow structure, access road and security fencing, as well as landscaping and irrigation ; and the location of the improvements occurred on the northwest corner of 17th Street & Benson Avenue, in Upland, California.

The surety was Travelers Casualty and Surety Company of America.

All communications relating to the contract should bear the number above mentioned.

I hereby certify under penalty of perjury that the foregoing is true and correct.

Executed this 10th day of June, 2024 at Upland, California.

City of Upland, a Municipal Corporation

Michael Blay, City Manager

DATE: June 10, 2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: CHRIS ALANIS, INTERIM PUBLIC WORKS DIRECTOR

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

MAINTENANCE SERVICES

RECOMMENDED ACTION:

It is recommended that the City Council approve the 2nd 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 amendment.

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, and one Fire Station 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 add itional one-year terms upon mutual consent of both the City and Econolite Systems.

On June 26, 2023, the City Council approved the First Amendment to the professional services agreement with Econolite Systems providing for a one-year term renewal (FY 2023-24).

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, 2024 and both the City and Econolite wish to execute the second optional term extension to continue to provide traffic signal maintenance services.

Econolite Systems is requesting a Consumer Price Index (CPI) adjustment of 2.74% for FY 2024/25. 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 calculation is shown below:

Current CPI (as of March 2024 San Bernardino area): 133.144 CPI at beginning of Econolite First Amendment in July 2024: 129.525 Delta: 3.619
% of Increase (3.619 / 133.144 x 100): 2.71%

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.

FISCAL IMPACTS
The City has budgeted $293,000 in the Traffic Facility maintenance expenditure account 101-5406-5258 in the FY 24/25 operating budget.

The cost for Preventative Maintenance is $45,282.06 per year over the one-year term renewal as specified in the Cost Sheet Exhibit “A-2” 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 (i.e. traffic signal poles, controller cabinets, etc.), vandalism, etc.

Staff believes the Econolite charges for FY 24/25 will be within the $293,000 budget, but a high number of equipment failures or vehicle collisions with traffic signal equipment could require an additional appropriation later in the fiscal year.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Not a Project.

SECOND AMENDMENT TO

TRAFFIC SIGNAL MAINTENANCE SERVICES AGREEMENT
WITH ECONOLITE SYSTEMS, INC.

THIS SECOND AMENDMENT TO TRAFFIC SIGNAL MAINTENANCE SERVICES AGREEMENT (“Second Amendment”) is made and effective as of July 1, 2024, 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 approved the First Amendment to the Traffic Signal Maintenance Services Agreement on July 1, 2023: and

C. WHEREAS, the Parties now desire and consent to enter into an second 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 and to include additional funds by way of a Consumer Price Index (CPI) adjustment of 2.72% 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 Second 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 second 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, 2025.

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-2”, attached hereto to this Agreement and incorporated herein by this reference. Beginning July 1, 2024, the total not-to-exceed amount of the Agreement shall be increased by Seven Thousand Eight Hundred Sixty-Eight Dollars resulting in a new total not-to-exceed amount of Two Hundred Ninety-Seven Thousand One Hundred Forty-Three Dollars ($297,143.00).

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 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. Replacement of Exhibit “A-1” of the Original Agreement. Exhibit “A-1” of the Original Agreement shall be replaced in its entirety by Exhibit “A-2”, attached hereto to this Second Amendment and incorporated herein by this reference.

5. Full Force. Except as amended by this Second Amendment, all provisions of the Original Agreement, as previously amended, 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 Second Amendment.

6. Electronic Transmission. A manually signed copy of this Second 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 Second Amendment for all purposes.

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

[SIGNATURES ON FOLLOWING PAGE]

3 SIGNATURE PAGE FOR

SECOND AMENDMENT TO THE

TRAFFIC SIGNAL MAINTENANCE SERVICES AGREEMENT WITH
ECONOLITE SYSTEMS, INC.

IN WITNESS WHEREOF, the Parties hereto have caused this Second 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

4 EXHIBIT “A-2”

COST SHEET

[ATTACHED]

1 EXHIBIT ‘A-2’

COST SHEET
CITY OF UPLAND / ECONOLITE SYSTEMS, INC.

TRAFFIC SIGNAL MAINTENANCE SERVICES FY 2024-2025

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 (2.72% CPI)

ITEM DESCRIPTION

ESTIMATED

QUANTITY UNIT
FY 2024-25

UNIT PRICE
FY 2024-25

TOTAL COST
1 Bi-Monthly Preventative
Maintenance of Traffic Signal
Systems and Safety Lighting
per Intersection
87 EA $ 81.15 $ 42,360.30
2 Bi-Monthly Preventative
Maintenance of Pole and Mast-
Mounted Flashing
Beacon/Pedestrian/Fire
Signals per Location
12 EA $ 40.58 $ 2,921.76

PART B: Scheduled Repair Services (2.72% CPI)
Item
No.

Description Unit Price
1 Replace Type A Detector Loop (1 to 4 loops) $1,224.20 per loop 2 Replace Type A Detector Loop (5 or more loops) $612.10 per loop 3 Replace Type D Detector Loop (1 to 4 loops) $1,258.21 per loop 4 Replace Type D Detector Loop (5 or more loops) $646.11 per loop 5 Replace Video Detection Camera (Iteris Vector) $6,344.47 EA 6 Replace Pedestrian LED Module (Countdown Display) $312.58 EA 7 Replace Pedestrian Push Button/Pole $1,150.20 EA
8 Replace Type 1A Traffic Signal Pole $3,850.58 EA
9 Replacement of LED Indication GREEN $156.83 EA
10 Replacement of LED Indication RED $146.30 EA
11 Replacement of LED Indication YELLOW $144.83 EA
12 Replacement of LED PV Head $4,306.24 EA
13 Furnish & Install 2070 Controller with Software $5,442.97 EA

2 PART C: Extraordinary Maintenance Fees - Labor Rates (2.72% CPI)

Description Rates Per Hour
Labor Rates Straight Time Overtime Double Time
Engineering Technician $137.94 $168.47 $212.72
Field Technician $143.73 $168.47 $212.72
Lead Technician $131.04 $168.47 $212.72
Relamper $143.73 $168.47 $212.72
Superintendent $137.94 $168.47 $212.72
Traffic Signal Laborer $124.03 $143.89 $180.58
Traffic Signal Apprentice $108.50 $123.84 $153.92

PART D: Extraordinary Maintenance Fees - Equipment Rates (2.72% CPI)

Equipment Rates
Pickup Truck $23.99 / Trip
Service Truck $66.61 / Trip
Service Truck w/Ladder $101.35 / Trip
Boom Truck – 18 Ton Crane $672.56 / Trip
Paint Rig Truck $43.44 / Trip
Telsta Truck $100.60 / Trip
Air Compressor $23.99 / Trip
Water Truck $23.99 / Trip
Big Concrete Saw $173.13 / 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, equipm ent, 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

DATE: June 10, 2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY, CITY MANAGER
PREPARED BY: CHRIS ALANIS, INTERIM PUBLIC WORKS DIRECTOR

ALAN FRENCH, PRINCIPAL ENGINEER
SUBJECT: CONSIDER ACCEPTANCE OF THE HIGHWAY SAFETY IMPROVEMENT PROGRAM CYCLE 11 GRANT AND AUTHORIZE THE CITY MANAGER TO EXECUTE A

CONTRACT WITH KIMLEY HORN

RECOMMENDED ACTION:

It is recommended that the City Council accept the award of the Highway Safety Improvement Program (HSIP) Cycle 11 grant of $1,861,560 for Traffic Signal Improvements, appropriate the funds necessary for the project, and authorize the City Manager to execute the contract with Kimley-Horn to prepare construction documents for the Signal Modification Project.

GOAL STATEMENT
The proposed action supports the City’s goal of pursuing grant funding to supplement local funding sources and exercise prudent fiscal management of the City’s General Fund to ensure proper maintenance of facilities.

BACKGROUND
The Highway Safety Improvement Program (HSIP) is a competitive Federal-aid program created to decrease the number of traffic fatalities and serious injuries on all public roads. Senate Bill 137 allows the exchange of the Highway Safety Improvement Program (HSIP) funds for State Highway Account (SHA) funds. This makes it possible to fund HSIP projects with state funds. HSIP Cycle 11 is expected to include about $230 million, made up of Federal, State SB1, and State Highway Account (SHA) funding.

In September 2022, the City applied for an HSIP grant for signal upgrades. In March 2023 the City was notified that the application was selected to be funded. In July 2023, the city requested allocation for the design of the signal Modification Project and was granted in December 2023 and staff began preparing the request for proposal (RFP) to develop the construction documents.

In February 2024, the City published an RFP to prepare the construction documents for the signal modifications. The project will upgrade the signal indicators, backing plates and pedestrian equipment which will improve safety at the intersections citywide. The city received five proposals to prepare the construction documents that were due on March 13, 2024.

ISSUES AND ANALYSIS
The five proposals were received in response to the RFP for design of the signal modifications. The proposals were reviewed by a four-person panel and Kimley-Horn had the highest rating. In review of the costs, the leading firm was 12% higher than the next rated firm. After some negotiatio ns, Kimley-Horn was in agreement to a reduction of the fee by the 12%. Funding for task 7, construction support and task 8, to inventory the street name signs mounted on the signal poles would need approval.

The request for Allocation to use only State money for the project was submitted in July 2023 and in September 2023, the City was notified that the money allocation was approved at the August 2023 C alifornia Transportation Commission meeting.

The next step is to execute a professional services agree ment and award a contract to develop the construction documents by obtaining data collection, research, and design the modification plans. It will also include a cost estimate. After going through the public bid process, this contract with Kimley-Horn to is now before the council.

The staff recommendation is that the Council accept the HSIP grant award, appropriate funds for the project, approve the agreement, and authorize City Manager to execute the contract with Kimley-Horn to prepare the construction documents for the Signal Modification Project for $149,510 for tasks 1 through 6, and $3 ,812.12 for task 7 to provide construction support and $7,290.46 for task 8 to inventory the street name signs mounted on the signal poles.

ENVIRONMENTAL DETERMINATION
This action is only for approval of a contract to prepare the construction documents, which is not considered a project under California Environmental Quality Act (CEQA).

FISCAL IMPACTS
An appropriation is necessary as the grant is a reimbursement for expenditures encumbered for the work. Project was the FY 23/24 Budget includes $206,840 in account 425-7500-85002 for the design. The remaining $1,861,560 is included in the FY 24/25 budget for a total budget impact of $2,068,400.

Funds to account for $3,812.12 for task 7 and $7,290.46 for task 8 are included in account 101 5302 5258 of the General Fund in the FY 24/25 Budget.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Not a Project.

1 CITY OF UPLAND

PROFESSIONAL SERVICES AGREEMENT

This Agreement is made and entered into as of May 27, 2024 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 Kimley Horn, a California Corporation, with its principal place of business at 1100 W Town & Country Road, Suite 700, Orange, CA 92868 (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:

Completion of FY2023/2024 Citywide Traffic Signal Modification Safety Project (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 “Project” Proposal attached hereto as Exhibit “A”.

2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for at the rates set forth in Exhibit “B” attached hereto for such services not to exceed $164,336. b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $164,336 (One hundred sixty-four thousand three hundred thirty-six dollars). 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. In no event shall the total sum of the agreement exceed $180,770 (One hundred eighty thousand seven hundred seventy dollars). Any additional work in excess of this amount shall be approved by the City Council.

3. Additional Work.

2 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. Term.

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 24 months. 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. c. If applicable, the 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

3 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. 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.

4 (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).
(iii) The policy shall give the 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.

5 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 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.

6 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 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.

7 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 liabilit ies 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.

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 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 reasonable attorney’s fees and

8 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 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.

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. 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.

9 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.
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 Jason Melchor, PE 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.