Agenda packet, first session — Upland City Council, August 12, 2024 (part 2 of 3)

Quantity Ranges — Remove and Replace existing 6-inch Thick AC Pavement.

Cost per square foot for saw -cut, removal, and replacement of 4-inch-thick AC Pavement.

Square Ft. per
Work Location
Proposal
Unit Price/SF
10 - 100
$17
101 - 500
$15
501 — 1,000
$13
Quantity Ranges — Parkway Restoration
Cost per sq. ft. for parkway clearing, grading, installation of topsoil and restoration of irrigation.

Square Ft. per
Work Location
Proposal
Unit Price/SF
25 - 250
$30
251 - 700
$25

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Request for Proposals: On -Call Concrete Pavement Repairs

BID ACKNOWLEDGMENT
Bids will be received at the Office of the City Clerk until 2:00 p.m. on Wednesday, May 15t, 2024.

On -Call Concrete Pavement Repairs
NAME OF BIDDER: TSR CONSTRUCTION AND INSPECTION
To the CITY OF UPLAND, with its principal place of business at 460 N. Euclid Avenue, Upland, CA 91786.

In response to the Notice Inviting Bids dated April 1, 2024, and in accordance with the accompanying Instructions to Bidders, the undersigned hereby proposes to the City to furnish all labor, technical and professional services, supervision, materials and equipment, other than materials and equipment specified as furnished by the City, and to perform all operations necessary and required to construct the Project in accordance with the provisions of the Contract Documents and any addenda thereto, and at the prices stated opposite the respective items set forth in the Bid Schedule.

This Bid constitutes a firm offer to the City which cannot be withdrawn for 90 days after the date set for opening of Bids, or until a Contract is executed by the City and a third party, whichever is earlier.

The undersigned certifies that it has examined and is fully familiar with all of the provisions of the Contract Documents and any addenda thereto; that it has carefully checked all of the words and figures shown in its Bid Schedule; that it has carefully reviewed the accuracy of all statements in this Bid and attachments hereto; and that it understands and agrees that the City will not be responsible for any errors or omissions on the part of the undersigned in preparing this Bid.

If awarded a Contract, the undersigned agrees to execute and deliver to the City within ten (10) days after date of receipt of Notice of Award, a signed Contract and the necessary Performance Bond, Payment Bond, and Certificates of Insurance and Endorsements.

The following Bid Forms, which have been completed and executed by the undersigned Bidder, are incorporated by this reference, and made a part of this Bid:

Bid Schedule
Completed Designation of Subcontractors form.

Fully executed Non -collusion Declaration form.

Completed Iran Contracting Act Certification form.

Completed Public Works Contractor DIR Registration Certification form.

On -Call Concrete Repairs
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Request for Proposals: On -Call Concrete Pavement Repairs Completed Contractor's Certificate Regarding Workers' Compensation form.

Completed Bidder Information and Experience Form.

The undersigned is hereby representing that it is and will be properly licensed both at the time that it submits a Bid as well as at the time the Contract is awarded, if the Contract is awarded to the undersigned.

Individual Contractor. Undersigned certifies that it is now licensed in accordance with the provisions of the Contractor's License Law of the State of California.

License number 881123
Expiration date 1 /31124 4
License classification A,B

1. Joint Venture. Undersigned certifies that the individual members of the joint venture are now licensed in accordance with the provisions of the Contractor's License Law of the State of California.

Member No. 1
Name NIA
License number
Expiration date_
License classific
Member No. 2
Name
License number
Expiration date
License classification
(If there are more than two members of the joint venture, attach a page for the additional member(s) with the above information.)
The undersigned acknowledges receipt, understanding, and full consideration of the following addenda to the Contract Documents:

Addenda No.

On -Call Concrete Repairs
[SIGNATURE ON FOLLOWING PAGE]
ISIM

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Request for Proposals: On -Call Concrete Pavement Repairs I hereby certify under penalty of perjury under the laws of the State of California that all of the information submitted in connection with this Bid and all of the representations made herein are true and correct.

BIDDER:

TSR CON STRUCTION AND INSPECTION
(Company Name)
By
(Signature)

GABRIEL ZAPIRTAN
(Type or print name)

PRESIDENT
(Title)

RANCHO CUCAMONGA, CA
(Where signed) (City, State)
Dated: APRIL 7 , 2024
State of Incorporation: CALIFORNIA
Bidder's Business Address:
8264 AVENIDA LEON
RANCHO CUCAMONG,A, CA 91730
(corporate seal)
if the Prime Contractor is a corporation, two si natures of corporate officers are required.) Names and addresses of all partners or joint venturers:

GABRIEL ZAPIRTAN / PRESIDENI
GABRIEL ZAPIRTANI SECRETARY _

GABRIEL ZAPIRTAN/ TREASURE
Statement of the authority of signatory to bind Bidder:

N/A
On -Call Concrete Repairs
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Request for Proposals: On -Call Concrete Pavement Repairs

BIDDER INFORMATION AND EXPERIENCE FORM
A. INFORMATION ABOUT BIDDER
(indicate not applicable ("N/A") where appropriate.)
NOTE: Where Bidder is a joint venture, pages shall be duplicated, and information provided for all parties to the joint venture.

1.0 Name of Bidder: TSR CONSTRUCTION AND INSPECTION

2.0 Type, if Entity: CORPORATION

3.0 Bidder Address: 8264 AVENIDA LEON
RANCHO CUCAMONGA, CA 91730
9099877519 909 331 2249
Facsimile Number Telephone Number
GABRIELZ3 YAHOO.COM
Email Address

4.0 How many years has Bidder's organization been in business as a Contractor?

5.0 How many years has Bidder's organization been in business under its present name?
is

5.1 Under what other or
former names has Bidder's organization
operated? NONE

6.0 If Bidder's organization is a corporation, answer the following:

6.1 Date of Incorporation:
2006

6.2 State of Incorporation:

6.3 President's Name:

GABRIEL ZAPIRTAN

6.4 Vice -President's Name(s):

GABRIEL ZAPIRTAN

6.5 Secretary's Name:

GABRIEL ZAPIRTAN

6.6 Treasurer's Name:

GABRIEL ZAPIRTAN
On -Call Concrete Repairs
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Request for Proposals: On -Call Concrete Pavement Repairs

7.0 If an individual or a partnership, answer the following:

7.1 Date of Organization: N/A

7.2 Name and address of all partners (state whether general or limited partnership):

N/A

8.0 If other than a corporation or partnership, describe organization and name principals:

N/A

9.0 List other states in which Bidder's organization is legally qualified to do business.

10.0 What type of work does the Bidder normally perform with its own forces?

DEMO, PCC, AC, ETC

11.0 Has Bidder ever failed to complete any work awarded to it? If so, note when, where, and why:

12.0 Within the last five years, has any officer or partner of Bidder's organization ever been an officer or partner of another organization when it failed to complete a contract? If so, attach a separate sheet of explanation:

13.0 List Trade References:

On -Call Concrete Repairs
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Request for Proposals: On -Call Concrete Pavement Repairs

14.0 List Bank References (Bank and Branch Address):

WELLS FARGO
RANCHO CUCAMONGA, CA 91730

15.0 Name of Bonding Company and Name and Address of Agent:

ALLIANT INSURANCE SERVICES
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
On -Call Concrete Repairs
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Request for Proposals: On -Call Concrete Pavement Repairs

LIST OF CURRENT PROJECTS (BACKLOG)
["*Duplicate Page if needed for listing additional current projects."] Project
Client Reference
(agency
name/contact
info)
Description of
Bidder's Work
Completion Date
Cost of Bidder's
Work

ADA BARRIERS

REMOVAL

CITY OF BARSTOW

R&R SDW, C&G,

ADA RAMPS, AC
5/01/2024
360,000

R&R SDW

CITY OF BEAUMONT

R&R PCC
6/01/2024
35,000
On -Call Concrete Repairs
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Request for Proposals: On -Call Concrete Pavement Repairs LIST OF COMPLETED PROJECTS — LAST THREE YEARS
r*Duplicate Page if needed for listing additional completed projects.'"] Please include only those projects which are similar enough to demonstrate Bidder's ability to perform the required Work.

Project
Client Reference
(agency
name/contact
info)
Description of
Bidder's Work
Completion Date
Cost of Bidder's
Work

TITANICO PLOT
DGC

PCC, GRADING
2024
2,450 000

BUS TURNOUT

BIG BEAR TRANSIT

SIDEWALK, C&G
2022
600,000

GENERATOR

NEEDLES

FOUNDATIONS, GEN
2023
380,000
On -Call Concrete Repairs
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Request for Proposals: On -Call Concrete Pavement Repairs

EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE
Personnel:

The Bidder shall identify the key personnel to be assigned to this project in a management, construction supervision or engineering capacity.

1. List each person's job title, name and percent of time to be allocated to this project:

GABRIEL ZAPIRTAN

2. Summarize each person's specialized education:

UNIVERSITY

3. List each person's years of construction experience relevant to the project:
25 4. Summarize such experience:

VARIOUS CONSTRUCTION PROJECTS
Bidder agrees that personnel named in this Bid will remain on this Project until completion of all relevant Work, unless substituted by personnel of equivalent experience and qualifications approved in advance by the City.

On -Call Concrete Repairs
I E,11Z

Page 120 of 313 ends

Request for Proposals: On -Call Concrete Pavement Repairs ADDITIONAL BIDDER'S STATEMENTS:

If the Bidder feels that there is additional information which has not been included in the questionnaire above, and which would contribute to the qualification review, it may add that information in a statement here or on an attached sheet, appropriately marked:

N/A
Name of Bidder TSR CONSTRUCTION AND INSPECTION
Signature
Name and Title GABRIEL ZAPIRTAN/ PRESIDENT
Dated 4/07/2024
On -Call Concrete Repairs

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Request for Proposals: On -Call Concrete Pavement Repairs

NON -COLLUSION DECLARATION
The undersigned declares:

I am the PRESIDENT of TSR CONSTRUCTION
foregoing Bid.
, the party making the
The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 4/07/2024 [date], at RANCHO CUCAMONGA [City, CALIFORNIA [state].

Name of Bidder TSR CONSTRUCTION AND INSPECTION
Signature
Name and Title GABRIEL ZAPIRTAN/ PRESIDENT
Dated 4/07/2024
On -Call Concrete Repairs
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PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See n#2//www dir ca c 0v/P+!hV Works/PublicWorks.html for additional information.

No bid will be accepted, nor will any contract be entered into without proof of the contractor's and subcontractors' current registration with the Department of Industrial Relations to perform public work.

Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.'
Name of Bidder: TSR CONSTRUCTION AND INSPECTION
DIR Registration Number: 1000014389
DIR Registration Expiration: 6/30/2024
Small Project Exemption: Yes or _V No
Unless Bidder is exempt pursuant to the small project exemption, Bidder further acknowledges:

Bidder shall maintain a current DIR registration for the duration of the project.

Bidder shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.

Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non -responsive.

Name of Bidder TSR CONSTRUCTION AND INSPECTION
Signature��
Name and Title GABRIEL ZAPIRTAN/ PRESIDENT
Dated 4/07/2024
' If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark "Yes" in response to "Small Project Exemption." On -Call Concrete Repairs
-43-

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CONTRACTOR'S CERTIFICATE REGARDING WORKERS' COMPENSATION.

I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract.

Name of Bidder
Signatur�

TSR CONSTRUCTION AND INSPECTION
Name and Title GABRIEL Z4PIRTAN
Dated 4/0712024
On -Call Concrete Repairs
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Request for Proposals: On -Call Concrete Pavement Repairs

EXHIBIT D

FLEET COMPLIANCE CERTIFICATION
Bidder hereby acknowledges that they have reviewed the California Air Resources Board's policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the "Regulation"). Bidder hereby certifies, subject to penalty for perjury, that the option checked below relating to the Bidder's fleet, and/or that of their subcontractor(s) ("Fleet") is true and correct:

Vf The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto.

F1 The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto. ❑ Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e. third - party correspondence or vendor bids).

The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this Project has been deemed an Emergency, as defined under section 2449(c)(18). Bidder shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to section 2449(i)(4). ❑ The Fleet does not fall under the Regulation or are otherwise exempted, and a detailed reasoning is attached hereto.

Name of Bidder: TSR CONSTRUCTION AND INSPECTION
Signature:

Name: GA RIEL ZAPIRTAN
Date: 4/07/2024
On -Call Concrete Repairs
ME
Maintenance Contract

Page 125 of 313 ends

Request for Proposals: On -Call Concrete Pavement Repairs EXHIBIT "A" - Pricing Sheets
Quantity Ranges — Remove and Reconstruct 8" PCC Curb only, Type A-1.

Cost per linear foot for removal and replacement of 8-inch curb only as requested.

Linear Ft. per
Work Location
Proposal
Unit PricelLF
10-100
80 101-250
70 251-500
60 501-1000
60 Quantity Ranges — Remove and Reconstruct 8" Curb with 12" Gutter.

Cost per linear foot for removal and replacement of curb and gutter with a curb face of 8"-10" and a gutter width of 12" as requested.

Linear Ft. per
Work Location
Proposal
Unit PricelLF
10-100
90 101-500
90 501-1000
80 1001-2500
80 Quantity Ranges — Remove and Reconstruct 8" Curb with 18" Gutter.

Cost per linear foot for removal and replacement of curb and gutter with a curb face of 8"-10" and a gutter width of 18" as requested.

Linear Ft. per Proposal
Work Location Unit PricelLF
10-100 190
101-500 190
501-1000 190
1001-2500 180
On -Call Concrete Repairs Exhibit 'A'
-9-

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Request for Proposals: On -Call Concrete Pavement Repairs Quantity Ranges — Remove and Reconstruct 8" Curb with 24" Gutter.

Cost per linear foot for removal and replacement of curb and gutter with a curb face of 8"-10" and a gutter width of 24" as requested.

Linear Ft. per
Work Location
Proposal
Unit Price/LF
10-100
90 101-500
90 501-1000
90 1001-2500
90 Quantity Ranges — Remove and Reconstruct existing 8" Rock Curb only.

Cost per linear foot for removal and replacement of 8-inch rock curb only as requested.

Linear Ft. per Proposal
Work Location Unit Price/LF
10-100
130
101-250
130
251-500
120
Quantity Ranges — Remove and Reconstruct existing 8" Rock Curb and Gutter.

Cost per linear foot for removal and replacement of rock curb and gutter with a curb face of 8"- 12" and a gutter width of 18" as requested.

Linear Ft. per Proposal
Work Location Unit Price/LF
140
101-250 1140
251-500 1140
On -Call Concrete Repairs Exhibit'A'
-10-

Page 127 of 313 ends

Request for Proposals: On -Call Concrete Pavement Repairs Quantity Ranges — Remove and Replace 4" Thick Sidewalk.

Cost per square foot for removal and replacement of 4-inch-thick PCC sidewalk as requested.

Square Ft. per
Work Location
Proposal
Unit Price/S.F.
10-100
17 101-500
16 501-1000
15 1001-2500 15
Quantity Ranges — Remove and Replace 6" Thick PCC Sidewalk.

Cost per square foot for removal and replacement of 6-inch-thick PCC sidewalk as requested.

Square Ft. per
Work Location
Proposal
Unit Price/S.F.
10-100
22 101-500
20 501-1000
18 1001-2500
18 Quantity Ranges — Remove and Replace existing 6" Thick PCC Residential Driveway Approach.

Cost per square foot for removal and replacement of 6-inch-thick PCC residential driveway approach as requested.

Square Ft. per
Proposal
Work Location
Unit Price/SF
25-100
25 101-500
25 501-1000
20 On -Call Concrete Repairs Exhibit `A'
-11-

Page 128 of 313 ends

Quantity Ranges — Remove and Replace existing 8" Thick PCC Spandrel / Cross Gutter.

Cost per square foot for removal and replacement of 8-inch-thick PCC Spandrel / Cross Gutter
Square Ft. per
Work Location
Proposal
Unit Price/SF
25-100
80 101-500
75 501-1000
70 Quantity Ranges — Remove and Replace existing Handicap Access Ramp.

Cost per square foot for removal and replacement of a 4-inch-thick handicap access ramp including truncated domes and curb replacement as requested.

Square Ft. per Proposal
Work Location Unit Price/SF
50-250 150
251-750 145
751-1500 140
* Continued on next page.

On -Call Concrete Repairs Exhibit 'A'
-12-

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Request for Proposals: On -Call Concrete Pavement Repairs Quantity Ranges — Remove and Replace existing 4-inch Thick AC Pavement.

Cost per square foot for saw -cut, removal, and replacement of 4-inch-thick AC Pavement Square Ft. per
Work Location
Proposal
Unit Price/SF
10-100
15 101- 500
13 501-2000
10 Quantity Ranges — Remove and Replace existing 6-inch Thick AC Pavement.

Cost per square foot for saw -cut, removal, and replacement of 4-inch-thick AC Pavement.

Square Ft. per
Work Location
Proposal
Unit Price/SF
10 - 100
17 101 - 500
15 501 - 1000 13
Quantity Ranges — Parkway Restoration
Cost per square foot for parkway clearing, grading, installation of topsoil and restoration of irrigation.

On -Call Concrete Repairs
Square Ft. per
Proposal
Work Location
Unit Price/SF
25-250
30 251-700
25 ENE
Maintenance Contract

Page 130 of 313 ends

On -Call Cocnrete Pavement Repairs
Exhibit "D" - Price Comparison Sheet
TSR I DM Gentry
7 10-100
$ 80.00
$ 100.00
$ 145.65
101-250
$ 70.00
$ 90.00
$ 88.02
$ 84.24
251-500
$ 60.00
$ 80.00
501-1000
$ 60.00
$ 70.00
$ 82.97
7 10-100
701-500
$ 90.00
$ 115.00
$ 152.22
$ 90.00
$ 110.00
$ 94.60
$ 89.54
$ 88.90
501-1000
$ 80.00
$ 80.00
$ 105.00
1001-2500
$ 100.00
10-100
$ 90.00
$ 90.00
$ 120.00
$ 166.46
101-500
$ 115.00
$ 108.83
501-1000
$ 90.00
$ 110.00
$ 103.78
1001-2500
$ 80.00
$ 105.00
$ 103.14
10-100
$ 90.00
$ 130.00
$ 176.31
101-500
$ 90.00
$ 125.00
$ 118.69
501-1000
$ 90.00
$ 120.00
$ 113.63
1001-2500
$ 90.00
$ 115.00
$ 113.00
10-100
$ 130.00
$ 175.00
$ 172.62
101-250
$ 130.00
$ 165.00
$ 115.00
251-500
$ 120.00
$ 155.00
$ 111.22
On -Call Cocnrete Pavement Repairs
Exhibit "A" - Price Comparison Sheet
TSR I DM Gentry

Page 131 of 313 ends

10-100
$ 22.00
$ 30.00
$ 82.93
101-500
$ 20.00
$ 28.00
$ 25.31
501-1000
$ 18.00
$ 26.00
$ 20.25
1001-2500
$ 18.00
$ 24.00
$ 19.62
9 - I•• •.
25-100 $ 25.00 $ 33.00 $ 50.92
101-500 $ 25.00 $ 28.00 $ 31.67
501-1000 $ 20.00 $ 23.00 $ 26.62
25-100
75 $ 80.00
$ 72.00
$ 61.50
101-500
$ 75.00
$ 62.00
$ 42.25
01-1000
$ 70.00
$ 52.00
$ 37.20
On -Call Cocnrete Pavement Repairs
Exhibit "A" - Price Comparison Sheet
TSR I DM I Gentry
750-250
7 $

50.00 $

85.00 39.17
251-750
$

45.00 $

75.00 28.93
751-1500
$

40.00 $

65.00 27.23
4" AC Pavement
10-100
$

15.00 $

30.00 $

85.83 101-500
$

13.00 $

25.00 $

28.21 501-2000
$

10.00 $

18.00 $

23.15 1W.M. IIVMII�M
0-100
$

17.00 $
$
$

37.00 32.00

27.00 $
$
$

96.77 39.15

34.09 101-500
$ 15.00
501-1000
$ 13.00
7725-250
$

30.00 $

12.00 $

12.00 251-700
$

25. 00
$

8.00 $

7.69 6 .
$
2,829.00
$
3,498.00
$
3,680.93

Page 132 of 313 ends

P. `I FU P LA N D
"The City of Gracious Living"
C�tIFOB�S
DATE: August 12, 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 ADOPTING RESOLUTIONS APPROVING MEASURE I CAPITAL

IMPROVEMENT PLANS AND CAPITAL PROJECT NEEDS ANALYSIS
RECOMMENDED ACTION:

It is recommended that the City Council adopt a Resolution approving the Measure I Five -Year Capital Improvement Plan for Fiscal Years 2024/2025 through 2028/2029, and adopt a Resolution approving the Measure I Five -Year Capital Project Needs Analysis for Fiscal Years 2025/2026 through 2029/2030.

GOAL STATEMENT
The proposed action supports the City's goal of continuing to maintain and improve the City's public roadway facilities.

BACKGROUND
In November 1989, the San Bernardino County voters approved "Measure I 1990-2010", the half -cent sales tax that partially funds countywide transportation improvements between 1990 and 2010. In November 2004, the voters passed a new "Measure I 2010-2040", extending the sales tax for an additional 30 years. In April 2009, the San Bernardino County Transportation Authority (SBCTA, formerly SANBAG) approved the "Measure I 2010-2040 Strategic Plan", which serves as the policy and procedures document for the delivery of projects and programs referenced in the new Measure.

ISSUES AND ANALYSIS
The "Measure I Strategic Plan" identifies certain transportation programs that qualify for Measure I funding including:

Local Street, Freeway, Freeway Interchange, Major Street, Express Bus, Metrolink/Rail Transit, Senior/Disabled Transit, and Traffic Management Systems. The Plan also contains provisions for the funding allocation and expenditure process regarding each transportation program. Furthermore, to qualify for Measure I funding, each participating agency is required to prepare and submit a five-year Capital Improvement Plan and Capital Project Needs Analysis:

1. Five Year Capital Improvement Plan (CIP). Each year, the City of Upland receives approximately $2 million under the "Local Street Program", depending on the actual sales tax proceeds. This is local returned funds based on Upland's population; the City has the discretion of using the funds for local street projects. Jurisdictions receiving funding must annually adopt a Five -Year CIP, outlining specific local projects to be funded in the next five years. Exhibits "A" and `B" summarize Upland's Measure I roadway projects for the next five years and related expenditure strategy.

Capital Project Needs AnalysisCPNA). The Measure I Strategic Plan contains a list of transportation projects funded under the "Freeway Interchange Program" and the "Major Street Program". Unlike Measure I local funds mentioned above, the SBCTA Strategic Plan specifically identifies Arrow Route and Foothill Blvd. as regional projects qualifying for additional funding under the "Major Street Program". Additionally, Euclid Avenue & I- 10 Freeway, and Monte Vista Avenue & I-10 Freeway interchanges have been identified as a top priority and are being developed under the "Freeway Interchange Program." For efficiency, both interchanges are being coordinated with the construction of the I-10 Freeway main line corridor improvement program. As mentioned, each agency is required to adopt a CPNA, stating its capital project expenditure plan for the next five fiscal years (FY 2025/26 to FY 2029/30). SBCTA will compile all CPNA documents received, for the purpose of expenditure planning within the region. Exhibits "C-F" contain Upland's Five -Year CPNA.

Page 133 of 313 ends

ENVIRONMENTAL DETERMINATION
There is no environmental impact for approving the reporting required by the Measure I Capital Improvement Plans and Capital Project Needs Analysis. Road maintenance projects are typically exempt from CEQA as the resultant pavement rehabilitation work falls under CEQA Categorical Exemption pursuant to State CEQA Guidelines Section 15301 Class 1 (Existing Facilities) and Section 15302 Class 2 (Replacement or Reconstruction).

FISCAL IMPACTS
Measure I is a crucial source of revenue for maintaining the City's transportation system. Adoption/approval of the attached reports will conform to the expenditure plans of Measure I, and ensure continued Measure I funding of approximately $2 million annually to the City of Upland.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Categorically Exempt pursuant to CEQA Guidelines Section 15301 Class 1 (Existing Facilities) and Section 15302 Class 2 (Replacement or Reconstruction).

Page 134 of 313 ends

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UPLAND, STATE OF CALIFORNIA, ADOPTING THE MEASURE I
FIVE-YEAR CAPITAL IMPROVEMENT PLAN FOR FY 2024/2025
THROUGH FY 2028/2029
WHEREAS, San Bernardino County voters approved passage of Measure I 1990- 2010 in November 1989 and renewed as Measure I 2010-2040 in November 2004, authorizing the San Bernardino County Transportation Authority to impose a one-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and
WHEREAS, revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 04-01 of the Authority; and
WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from the Local Street Program to annually adopt and update a Five -Year Capital Improvement Plan; and
WHEREAS, California Public Utilities Code 190300 and Ordinance No. 04-01 require each local jurisdiction to maintain General Fund expenditures for transportation -related construction and maintenance activities at the required Maintenance of Effort base year level in each fiscal year of the adopted Five -Year Capital Improvement Plan, which for the City of Upland is $3,088,257.

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

Section 1. The City Council of the City of Upland, State of California, hereby adopts the Measure I Five -Year Capital Improvement Plan, a copy of which is attached to this resolution.

Section 2. Compliance with California Environmental Quality Act. The City Council finds that this Resolution is not subject to the California Environmental Quality Act ("CEQA") 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 3. Certification. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

Section 4. 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 5. Effective Date. This Resolution shall become effective immediately.

Page 135 of 313 ends

Resolution No.

Page 2 ends

PASSED, APPROVED and ADOPTED this 121h day of August, 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 12th day of August, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

Page 136 of 313 ends

Resolution Number:

Jurisdiction:

Measure I Local Pass -through Program
FIVE YEAR CAPITAL IMPROVEMENT PLAN Upland
Fiscal Years 2024/2025 thru 2028/2029
Resolution Approval Date:
8/12/2024
Contact Person/Title:

Bob Critchfield / Eng. Manager
Phone:
(909) 291-2946
Email:
[email protected]
6/30/24 Carryover Balance
Is Project in FY2024/25 Est. Revenue FY2025/26 Est. Revenue FY2026/27 Est. Revenue FY2027/28 Est. Revenue FY2028/29 Est. Revenue City's Does Project Is the Project on the City's
Non -motorized have an ATP Estimated Total
Nexus Study List? $2,045,943 $2,091,596 $2,151,022 $2,209,577 $2,285,105 Transportation Component? Project Cost
Plan? (Yes/No) (Public/DIF Share %) Current Current Current Current Current (Yes/No) Estimate Estimate Estimate Estimate Estimate
$9,003,881.54
Total Est. Rev.
$10,783,243
Total
(Mountain Ave. to Euclid Ave.)
No
No

0.0%

0.0%
$572,036
$572,036
$0
$0
$0
$0
$572,036
7RehabillttrationSt.
on (Mountain Ave. to Euclid Ave.)
No
No

0.0%

0.0%
$3,988,857
$628,857
$1,260,000
$2,100,000
$0
$0
$3,988,857
n (A St. to D St.)
No
No

0.0%

0.0%
$1,150,000
$200,000
$0
$950,000
$0
$0
$1,150,000
C St. Rehabilitation (Euclid Ave. to 3rd Ave.)
No
No

0.0%

0.0%
$840,000
$140,000
$0
$0
$700,000
$0
$840,000
Campus Ave. Rehabilitation (9th St. to Foothill Blvd.)
No
No

0.0%

0.0%
$3,088,380
$458,380
$2,630,000
$0
$0
$0
$3,088,380
Citywide Pavement Maintenance 2023/2024
No
No

0.0%

0.0%
$498,234
$498,234
$0
$0
$0
$0
$498,234
Citywide Pavement Maintenance 2024/2025
No
No

0.0%

0.0%
$350,000
$350,000
$0
$0
$0
$0
$350,000
Citywide Pavement Maintenance 2025/2026
No
No

0.0%

0.0%
$350,000
$0
$350,000
$0
$0
$0
$350,000
Citywide Pavement Maintenance 2026/2027
No
No

0.0%

0.0%
$250,000
$0
$0
$250,000
$0
$0
$250,000
Citywide Pavement Maintenance 2027/2028
No
No

0.0%

0.0%
$250,000
$0
$0
$0
$250,000
$0
$250,000
Citywide Pavement Maintenance 2028/2029
No
No

0.0%

0.0%
$500,000
$0
$0
$0
$0
$750,000
$750,000
Grove Ave. Rehabilitation (Foothill Blvd. to 15th St.)
No
No

0.0%

0.0%
$3,214,265
$498,477
$1,500,000
$1,215,788
$0
$0
$3,214,265
Lexington St. / 1st Ave. / 2nd Ave. Rehabilitation
No
No

0.0%

0.0%
$1,149,058
$1,149,058
$0
$0
$0
$0
$1,149,058
Mountain Ave. Rehabilitation (20th St. to 23rd St.)
No
No

0.0%

0.0%
$2,670,000
$500,000
$1,260,000
$910,000
$0
$0
$2,670,000
Phase II of the Metrolink Station Accessibility Improvement Project (ATP Cycle 4)
Yes
Yes

0.0%

0.0%
$2,454,870
$47,969
$0
$0
$0
$0
$47,969
Randy St. Neighborhood Rehabilitation (Randy St., Fairwood Wy., Terry Wy., Tyler Wy., and Silverwood Ave.)
No
No

0.0%

0.0%
$3,200,000
$500,000
$0
$2,000,000
$700,000
$0
$3,200,000
Sinclair Ave. Rehabilitation (7th St. to 8th St.)
No
No

0.0%

0.0%
$1,600,000
$0
$0
$0
$1,600,000
$0
$1,600,000
Maxwell St. Rehabiliation (Spencer Ave. to Sinclair Ave.) No
No

0.0%

0.0%
$1,500,000
$0
$0
$0
$1,500,000
$0
$1,500,000

0.0%

0.0%
$0
$0
$0
$0
$0
$0
$0

0.0%

0.0%
$0
$0
$0
$0
$0
$0
$0

0.0%

0.0%
$0
$0
$0
$0
$0
$0
$0

0.0%

0.0%
$0
$0
$0
$0
$0
$0
$0

0.0%

0.0%
$0
$0
$0
$0
$0
$0
$0

0.0%

0.0%
$0
$0
$0
$0
$0
$0
$0

0.0%

0.0%
$0
$0
$0
$0
$0
$0
$0

0.0%

0.0%
$0
$0
$0
$0
$0
$0
$0

0.0%

0.0%
$0
$0
$0
$0
$0
$0
$0

0.0%

0.0%
$0
$0
$0
$0
$0
$0
$0

0.0%

0.0%
$0
$0
$0
$0
$0
$0
$0

0.0%

0.0%
$0
$0
$0
$0
$0
$0
$0

0.0%

0.0%
$0
$0
$0
$0
$0
$0
$0

0.0%

0.0%
$0
$0
$0
$0
$0
$0
$0

0.0%

0.0%
$0
$0
$0
$0
$0
$0
$0

0.0%

0.0%
$0
$0
$0
$0
$0
$0
$0

0.0%

0.0%
$0
$0
$0
$0
$0
$0
$0

0.0%

0.0%
$0
$0
$0
$0
$0
$0
$0

0.0%

0.0%
$0
$0
$0
$0
$0
$0
$0
Projects Total: $5,543,011 $7,000,000 $7,425,788 $4,750,000 $750,000 $25,468,799 (Must not exceed 150% of Carryover Balance +
Total Programming is currently 129% Total Estimated Programming: $25,a68,799 Total Estimated Revenue)

Page 1 of 1 ends

Page 137 of 313 ends

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UPLAND ADOPTING THE MEASURE I FIVE-YEAR CAPITAL

PROJECT NEEDS ANALYSIS FOR FISCAL YEARS
2025/2026 THROUGH 2O29/2030
WHEREAS, San Bernardino County voters approved passage of Measure I in November 2004, authorizing the San Bernardino County Transportation Authority to impose a one-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and WHEREAS, revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plan set forth in Ordinance No. 04-1 of the Authority; and
WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from certain Measure I Programs to annually adopt and update a Five -Year Capital Project Needs Analysis.

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

Section 1. The City Council of the City of Upland, State of California, hereby adopts the Measure I Five Year Capital Project Needs Analysis for Fiscal Years 2025/2026 through 2029/2030, a copy of which is attached to this resolution.

Section 3. Certification. The City Clerk of the City of Upland shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

Page 138 of 313 ends

Resolution No.

Page 2 ends

Section 5. Effective Date. This Resolution shall become effective immediately.

PASSED, APPROVED and ADOPTED this 12th day of August, 2024.

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

Page 139 of 313 ends

EXHIBIT '"B"

CITY OF UPLAND

MEASURE I CAPITAL IMPROVEMENT PLAN

EXPENDITURE STRATEGY
Fiscal Year 2024/2025 to 2028/2029
The City of Upland's existing road network is fairly well established.

Therefore, the City's primary use of Measure I Funds will be for the reconstruction and maintenance of existing City streets. It is the City's intent to design and begin construction of the project the same year the project is identified in the Five -Year Capital Improvement Plan.

Page 140 of 313 ends

Capital Project Needs Analysis
Nexus Project Cost $ 5,900,000
Dev. Loan? No
5-Year Advance? No
City of Upland EXHIBIT "C"
Valley Arterial Sub -Program
Public Share: 60.6%
Dev. Share: 39.40
Project Information
Phase
Funding
PRIOR*
FY 25/26
FY 26/27
FY 27/28
FY 28/29
FY 29/30
FUTURE
Widen Foothill Blvd. from County
Line to Central Avenue from 2 to 6
lanes
Current Total Project Cost
Estimate:
$5,900,000.00
Total Measure I Request:
$432,543.00
(Summation of Measure 1)
Comments:

PA&ED
Total Cost:

Fund Type:
$0.00
MSI Arterial
Select Fund -
Select Fund -
Select Fund -
Other:
$
$
$
$ -
$
$
$ -
$
$
$
$ -
$
$
$ -
$
$
$
$ -
$
$
$ -
$
$
$
$ -
$
$
$ -
$
$
$
$ -
$
$
$
PS&E
Total Cost:

Fund Type:
$287,000.00
MSI Arterial

DEV FEE
Select Fund -
Select Fund -
Other:
$
$
$
$ -
$
$
$ -
$ 287,000.00
$
$
$ -
$
$
$ -
$ -
$
$
$ -
$
$
$ -
$
$
$
$ -
$
$
$ -
$
$
$
$ -
$
$
$ -
ROW
Total Cost:

Fund Type:
$1,554,543.00
MSI Arterial

DEV FEE
Select Fund -
Select Fund -
Other:
$ 432,543.00
$
$
$ -
$
$
$ -
$ 1,122,000.00
$
$
$ -
$
$
$ -
$
$
$
$ -
$
$
$ -
$
$
$
$ -
$
$
$ -
$
$
$
$ -
$
$
$ -
CONST
Total Cost:

Fund Type:
$0.00
MSI Arterial
Select Fund -
Select Fund -
Select Fund -
Select Fund -
Select Fund -
Other:
$
$
$
$ -
$
$
$ -
$
$
$
$ -
$
$
$ -
$
$
$
$ -
$
$
$ -
$
$
$
$ -
$
$
$ -
$
$
$
$ -
$
$
$ -
$
$
$
$ -
$
$
$ -
$
$
$
$
$
$
$ -
'Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2023/2024 expenses.
2026-2030 CPNA Upland - Foothill Blvd

Page 141 of 313 ends

Capital Project Needs Analysis
Nexus Project Cost $ 2,874,000
Dev. Loan? No
5-Year Advance? No
City of Upland EXHIBIT "D"
Valley Arterial Sub -Program
Public Share: 60.6%
Dev. Share: 39.40%
Project Information
Phase
Funding
PRIOR"
FY 25/26
FY 26/27
FY 27/28
FY 28/29
FY 29/30
FUTURE
Widen Arrow Rte. From County
Line to Central Avenue from 2 to 4
lanes.

Current Total Project Cost
Estimate:
$1,870,000.00
Total Measure I Request:
$913,220.00
(Summation of Measure 1)
Comments:

PA&ED
Total Cost:

Fund Type:
$20,000.00
MSI Arterial
OTHER
Select Fund -
Select Fund -
Other:
$ -
$
$ -
$ -
$
$
$ -
$ 20,000.00
$
$ -
$ -
$
$
$ -
$ -
$
$ -
$ -
$
$
$ -
$
$
$ -
$ -
$
$
$ -
$
$
$ -
$ -
$
$
$
PS&E
Total Cost:

Fund Type:
$150,000.00
MSI Arterial
OTHER
Select Fund -
Select Fund -
Other:
$
$
$ -
$ -
$
$
$ -
$ 150,000.00
$
$ -
$ -
$
$
$ -
$ -
$
$ -
$ -
$
$
$ -
$
$
$ -
$ -
$
$
$ -
$
$
$ -
$ -
$
$
$ -
ROW
Total Cost:

Fund Type:
$0.00
MSI Arterial
Select Fund -
Select Fund -
Select Fund -
Other:
$
$
$ -
$ -
$
$
$ -
$
$
$ -
$ -
$
$
$ -
$
$
$ -
$ -
$
$
$ -
$
$
$ -
$ -
$
$
$ -
$
$
$ -
$ -
$
$
$ -
CONST
Total Cost:

Fund Type:
$1,699,920.00
MSI Arterial

DEV FEE
OTHER
Select Fund -
Select Fund -
Select Fund -
Other:
$
$
$ -
$ -
$ 913,220.00
$
$ -
$ 50,000.00
$
$ -
$ -
$ 686,700.00
$
$
$ -
$
$ -
$ -
$ 50,000.00
$
$ -
$
$
$ -
$ -
$ -
$
$ -
$
$
$ -
$ -
$
$
$ -
$
$
$ -
$
$
$
$ -
$
$
$
$
$
$
is -
'Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2023/2024 expenses.
2026-2030 CPNA Upland - Arrow Rte

Page 142 of 313 ends

Capital Project Needs Analysis
Nexus Project Cost $ 8,974,000
Dev. Loan? Yes
5-Year Advance? No
City of Upland
EXHIBIT "E"
Valley Arterial Sub -Program
Public Share: 60.6 %
Dev. Share: 39.40 %
Project Information
Phase
Funding
PRIOR*
FY 25/26
FY 26/27
FY 27/28
FY 28/29
FY 29/30
FUTURE
1-10 & Euclid Avenue
Current Total Project Cost
Estimate:
$936,885.00
Total Measure I Request:
$0.00
(Summation of Measure 1)
Comments:

Costs reflect SBCTA project
oversight expenses. Upland's
share is 60% and Ontario's share
is 40% of the total project
development share of 17.4%.

PA&ED
Total Cost:

Fund Type:
$0.00
MSI Arterial
Select Fund -
Select Fund -
Select Fund -
Other:
$
$
$
$ -
$
$
$ -
$
$
$
$ -
$
$
$ -
$
$
$
$ -
$
$
$ -
$
$
$
$ -
$
$
$ -
$
$
$
$ -
$
$
$
PS&E
Total Cost:

Fund Type:
$0.00
MSI Arterial
Select Fund -
Select Fund -
Select Fund -
Other:
$
$
$
$ -
$
$
$ -
$
$
$
$ -
$
$
$ -
$
$
$
$ -
$
$
$ -
$
$
$
$ -
$
$
$ -
$
$
$
$ -
$
$
$ -
ROW
Total Cost:

Fund Type:
$0.00
MSI Arterial
Select Fund -
Select Fund -
Select Fund -
Other:
$
$
$ -
$ -
$
$
$ -
$
$
$ -
$ -
$
$
$ -
$
$
$
$ -
$
$
$ -
$
$
$
$ -
$
$
$ -
$
$
$
$ -
$
$
$
CONST
Total Cost:

Fund Type:
$936,885.00
MSI Arterial

DEV FEE

DEV LOAN
Select Fund -
Select Fund -
Select Fund -
Other:
$ -
$
$
$ -
$
$
$ -
$ 312,295.00
$
$
$ -
$
$
$ -
$ 624,590.00
$
$
$ -
$
$
$ -
$ -
$
$
$ -
$
$
$ -
$
$
$
$ -
$
$
$ -
$
$
$
$ -
$
$
$ -
$
$
$
$ -
$
$
$ -
'Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2023/2024 expenses.
2026-2030 CPNA Upland - 1-10 & Euclid

Page 143 of 313 ends

Capital Project Needs Analysis
Nexus Project Cost $ 33,144,900
Dev. Loan? Yes
5-Year Advance? No
City of Upland
Valley Arterial Sub -Program EXHIBIT "F"
Public Share: 60.6 %
Dev. Share: 39.40 %
Project Information
Phase
Funding
PRIOR*
FY 25/26
FY 26/27
FY 27/28
FY 28/29
FY 29/30
FUTURE
1-10 & Monte Vista Avenue
Current Total Project Cost
Estimate:
$2,107,922.00
Total Measure I Request:
$0.00
(Summation of Measure 1)
Comments:

Project was added to the SBCTA
Dev. Mitigation Nexus Study on
6/7/2017 to reassign 26.5% of the

24.1% develop. share to Upland
as a transfer from the share for
the Upland Sphere of Influence.

Note: Costs reflect SBCTA
project oversight expenses. Total
Proj. Cost includes Montclair
betterment of $139,000 which is
the responsibility of Montclair.

PA&ED
Total Cost:

Fund Type:
$0.00
MSI Arterial
Select Fund -
Select Fund -
Select Fund -
Other:
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
PS&E
Total Cost:

Fund Type:
$0.00
MSI Arterial
Select Fund -
Select Fund -
Select Fund -
Other:
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
ROW
Total Cost:

Fund Type:
$0.00
MSI Arterial
Select Fund -
Select Fund -
Select Fund -
Other:
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
CONST
Total Cost:

Fund Type:
$2,107,922.00
MSI Arterial

DEV FEE

DEV LOAN
Select Fund -
Select Fund -
Select Fund -
Other:
$ -
$
$
$
$
$
$
$ 702,641.00
$
$
$
$
$
$
$ 1,405,281.00
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
1 $
$
$
$
$
$
$
'Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2023/2024 expenses.
2026-2030 CPNA Upland - 1-10 & Monte Vista

Page 144 of 313 ends

BOB CRITCHFIELD, ENGINEERING MANAGER
SUBJECT: CONSIDER AN AWARD OF BID FOR THE 11TH STREET FLASHING SIGNAL BEACON & ALLEY IMPROVEMENTS (BID No. 2024-05)
RECOMMENDED ACTION:

It is recommended that the City Council approve the Plans and Specifications for the 11 ' Street Flashing Signal Beacon & Alley Improvements Project; award the construction contract to Gentry General Engineering, Inc. in the amount of $254,330; and authorize a construction contingency in the amount of $40,670, for a total amount of $295,000.

GOAL STATEMENT
The proposed action supports the City's goal of maintaining and improving the City's public alley and traffic facilities.

BACKGROUND
The City recently completed design and construction documents for electrical trenching, conduit installation, and alley pavement rehabilitation on the south side of 1 I' Street and in the alley directly south of 1 lth Street generally located 500 feet east of Mountain Avenue, between Spruce Avenue and Birch Avenue. Specific improvements include installation of PVC electrical conduits, pull boxes, electrical service and foundation, flashing beacon equipment; reconstruction of asphalt concrete pavement in the alley; replacement of a concrete alley approach, installation of a concrete alley "V" gutter, and concrete sidewalk restoration.

ISSUES AND ANALYSIS
The Project was advertised on June 21, 2024 and June 28, 2024 in accordance with the California Public Contract Code (Section 20164) and was also posted on the City's website and distributed to various electronic plan rooms. On July 11, 2024 the City received and opened 1 bid for the Project, under Bid No. 2024-05, as follows:

BIDDER BID AMOUNT
Gentry General Engineering, Inc. $254,330
Although only one bid was received, the City has reviewed and determined that the bid price is reasonable and consistent with current construction market cost given the small amount of quantities to be constructed. In addition, the bid price was lower than the engineer's estimate ($261,620) for the project.

The lowest responsive and responsible bidder was Gentry General Engineering, Inc. of Colton, California, with a bid of $254,330. The City has since reviewed the submitted bid package; verified that Gentry General Engineering, Inc. has met all applicable requirements; and confirmed that Gentry General Engineering, Inc. is the lowest responsible bidder. If awarded by the City Council, construction is anticipated to begin in September and be substantially complete by November, weather permitting.

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, and determined to be categorically exempt from further environmental review pursuant to Section 15301(c) (Existing Facilities), of the CEQA guidelines. The project involves repair and maintenance of existing public facilities and does not involve any expansion of use beyond that which is existing. The City filed the Notice of Exemption with the County of San Bernardino on June 12, 2024.

Page 145 of 313 ends

FISCAL IMPACTS
The City's adopted Fiscal Year 2024-2025 Capital Improvement Program (FY 24-25 CIP) budget contains sufficient funds for the project. The estimated project costs and funding are summarized below:

Estimated Proiect Costs
Basic Bid Amount $254,330.00
Construction Contingency $40,670.00
Total Contract Work: $295,000.00
Construction Administration and Inspection $12,000.00
Material Testing $3,000.00
Total Project Cost: $310,000.00
FY 2024/25 Available Funding
FY 24-25 CIP Acct. No. 204-7031 Traffic Safety Projects $33,000.00 FY 24-25 CIP Acct. No. 423-85003 Traffic Signal Upgrades 23-24 $167,000.00 FY 24-25 CIP Acct. No. 426-86004 St. & Alley Program Rehab 23-24 $350,000.00 Total Project Funding: $550,000.00

ALTERNATIVES

1. Reject all bids and authorize the City Clerk to re -advertise the Project. Due to a successful bidding process, staff does not recommend this alternative.

2. Provide alternative direction to staff.

CEQA: Determined to be categorically exempt pursuant to Section 15301(c) (Existing Facilities), of the CEQA guidelines.

Page 146 of 313 ends

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C�tIFOB�S
'FU P LA N D
The City of Gracious Living"
DATE: August 12, 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 AN AWARD OF BID FOR CITYWIDE SLURRY SEALS (BID NO. 2024-06) RECOMMENDED ACTION:

It is recommended that the City Council approve the Specifications for the Citywide Slurry Seals Project; award the construction contract to Pavement Coatings Co. in the amount of $538,904.68; authorize a construction contingency in the amount of $56,095.32, for a total amount of $595,000.

GOAL STATEMENT
The proposed action supports the City's goal of maintaining and improving the City's public roadway facilities.

BACKGROUND
The Citywide Slurry Seal Project is an annual maintenance effort that is part of the City's overall pavement maintenance program, which is formulated to extend the lifetime of asphalt roadways throughout the City. The project generally consists of crack sealing and pavement reconstruction in localized failure areas, followed by the application of a slurry seal, as well as replacement of obliterated traffic striping.

ISSUES AND ANALYSIS
The Citywide Slurry Seal Project was advertised on June 24, 2024 and July 1, 2024 in accordance with the California Public Contract Code (Section 20164) and was also listed on the City's website and distributed to various electronic plan rooms. On July 18, 2024 the City received and opened 6 bids for the Project, under Bid No. 2024-06, as follows:

BIDDER

BID AMOUNT
Pavement Coatings Co.
$538,904.68 (1)
Roy Allan Slurry Seal
$591,357.55
Doug Martin Contracting Company
$614,906.00
All American Asphalt
$631,695.00
American Asphalt South
$655,202.90
Mission Paving & Sealing
$811,221.45
Note: (1) = Corrected bid amount (due to clerical/math error) The lowest responsible bidder was Pavement Coatings Co. of Jurupa Valley, California, with a bid of $538,904.68.

The City has reviewed all 6 bid packages and confirmed that Pavement Coatings Co. is the lowest responsible and responsive bidder. If awarded tonight, construction is anticipated to begin in September and be substantially complete by late November, weather permitting.

Page 148 of 313 ends

Estimated Project Costs
Basic Bid Amount $538,904.68
Construction Contingency $56,095.32
Total Contract Work: $595,000.00
Construction Administration and Inspection $17,000.00
Material Testing $3,000.00
Total Project Cost: $615,000.00
FY 2024/25 Available Funding
FY 24-25 CIP Acct. No. 204-70014 (Gas Tax) $454,000.00
FY 24-25 CIP Acct. No. 204-70017 (Gas Tax) $25,000.00
FY 24-25 CIP Acct. No. 204-70019 (Gas Tax) $500,000.00
Total Project Funding: $979,000.00

ALTERNATIVES

1. Reject all bids and authorize the City Clerk to re -advertise the Project. Due to a successful bidding process, staff do not recommend this alternative.

2. Provide alternative direction to staff.

CEQA: Determined to be categorically exempt pursuant to Section 15301(c) (Existing Facilities), of the CEQA guidelines.

Page 149 of 313 ends

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This reap may re resents a visual display of related geographicinformation_ Data provided hereon is not guarantee of actual field conditions- To besureof complete accuracy. pleasecontact the responsible staffpfor most up-to-date information.

BOB CRITCHFIELD, ENGINEERING MANAGER
NICOLE deMOET, ENVIRONMENTAL COMPLIANCE PROGRAM MANAGER SUBJECT: CONSIDER ACCEPTING THE NOTICE OF COMPLETION FOR LANDFILL GAS

TREATMENT SYSTEM UPGRADE
RECOMMENDED ACTION:

It is recommended that the City Council accept the work; authorize the City Manager or designee to record the Notice of Completion; and reduce the Faithful Performance Bond to 10% for the Landfill Gas Treatment System Upgrade Proj ect.

GOAL STATEMENT
The proposed action supports the City's goal of maintaining compliance with environmental regulations and ensuring public health and welfare.

BACKGROUND
On September 27, 2021, the City Council awarded the Landfill Gas Treatment System Upgrade Project to Metro Builders & Engineers Group, Ltd. and authorized up to $430,000.00 (including contingencies) for the work. The project consisted of the abandonment and removal of existing mechanical and electrical equipment, piping, pipe supports, electrical panel and associated conductors and conduit. This project also included traffic control (as needed) and all appurtenant work necessary for the proper construction of the Carbon Adsorption System (CAS) included within the Landfill Gas Treatment System Upgrade Project.

ISSUES AND ANALYSIS
During the testing phase of the CAS, the South Coast Air Quality Management District (AQMD) issued a Notice of Violation (NOV) on October 14, 2022. The City received notification of the AQMD NOV on December 20, 2022.

The NOV was for failure to conduct an asbestos survey prior to demolition activity, and failure to notify the AQMD prior to demolition activities. The City was able to locate documentation of the City's notification of demolition activities and submitted it to the AQMD. However, the Contractor, per the project bid specifications, was responsible for the completion of required surveys and all associated regulatory compliance activities for the project. The City, under advisement of legal counsel, tendered defense of the NOV to the contractor, Metro Builders & Engineers Group, Ltd. The contractor retained legal counsel and began the AQMD appeal process with AQMD's legal counsel.

Metro Builders & Engineers Group, Ltd. was able to settle the NOV to the satisfaction of the AQMD on May 16, 2024. As a result of the settlement of all pending issues associated with the construction of the Landfill Gas Treatment Project, it is now appropriate to accept the work, file the Notice of Completion, and reduce the Faithful Performance Bond to 10%. The City will retain the Labor Material 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, and determined to be categorically exempt from further environmental review pursuant to Section 15301© (Existing Facilities), of the CEQA guidelines. The project involves the construction of a Landfill Gas Treatment System Upgrade and does not involve any expansion of use beyond that which exists.

Page 151 of 313 ends

FISCAL IMPACTS
The final construction cost of $380,484.15 is within the original authorized appropriation of amount of $430,000.00, therefore no additional appropriation is necessary.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Determined to be Categorically Exempt pursuant to Section 15301 (Existing Facilities) of the CEQA guidelines.

Page 152 of 313 ends

Recording requested by
and when recorded mail to:

City of Upland, City Clerk's Office
460 N. Euclid Avenue
Upland, CA 91786
pace a ove this line tor 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. 9324, Landfill Gas Treatment System Upgrade for the undersigned City of Upland, a Municipal Corporation, on the 31st day of December, 2022.

The City accepted the job on the 12th day of August, 2024.

The Contractor on said job was Metro Builders & Engineers Group, Ltd. of Newport Beach, California.

The improvement(s) consisted of the abandonment and removal of existing mechanical and electrical equipment, piping, equipment -mounted skid frame members, and other appurtenances; installation of a pre -fabricated landfill gas blower/carbon treatment system, including miscellaneous piping, pipe supports, electrical panel and associated conductors and conduit. This project also included traffic control (as needed), and all appurtenant work necessary for the proper construction of the contemplated improvements in accordance with the Plans and Specifications entitled Project No. 9324: Landfill Gas Treatment System Upgrade, City of Upland Landfill; and the location of the improvements occurred on 870 E. 15r' Street, in Upland, California.

The surety was SureTec Insurance Company.

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 12th day of August 2024 at Upland, California.

City of Upland, a Municipal Corporation
Michael Blay, City Manager

Page 153 of 313 ends

BOB CRITCHFIELD, ENGINEERING MANAGER

KIRK SWANNER, ASSOCIATE ENGINEER
SUBJECT: CONSIDER ACCEPTING THE NOTICE OF COMPLETION FOR PARKING LOT & ALLEY REHABILITATION, EAST OF 1 ST AVE, NORTH OF "A" STREET
RECOMMENDED ACTION:

GOAL STATEMENT
The proposed action supports the City's goal of maintaining the City's public parking lots and water facilities.

BACKGROUND
On May 22, 2023, the City Council awarded the Parking Lot and Alley Rehabilitation Project to Gentry General Engineering, Inc. and authorized up to $1,335,000 (including contingencies) for the work. The project consisted of reconstruction of asphalt/concrete pavement; installation of ADA curb ramp and pedestrian sidewalk; installation of a new potable water main; parking lot LED lighting upgrades; and replacement of parking lot striping.

ISSUES AND ANALYSIS
The contractor has since satisfactorily completed the required improvements. 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, and determined to be categorically exempt from further environmental review pursuant to Section 15301(c) (Existing Facilities), of the CEQA guidelines. The project involves repair and maintenance of existing public facilities, and does not involve any expansion of use beyond that which is existing

FISCAL IMPACTS
The final construction cost of $1,262,464.03 is within the original authorized appropriation of amount of $1,335,000, therefore no additional appropriation is necessary.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Determined to be categorically exempt from further environmental review pursuant to Section 15301(c).

Page 154 of 313 ends

Recording requested by
and when recorded mail to:

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

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

The work was completed on that certain work known as Project Nos. 7702, 16127, 86003, & 91002, Parking Lot & Alley Rehabilitation East of First Avenue, North of "A" Street for the undersigned City of Upland, a Municipal Corporation, on the 14th day of July, 2024.

The City accepted the job on the 12t" day of August, 2024.

The Contractor on said job was Gentry General Engineering, Inc. of Colton, California.

The improvement(s) consisted of reconstruction of asphalt concrete pavement; installation of ADA curb ramps and pedestrian sidewalks; installation of a new potable water main; parking lot LED lighting upgrades; and replacement of parking lot striping, and the location of the improvements occurred on the east side of First Avenue, approximately 150 feet north of "A" Street, in Upland, California.

The surety was The Ohio Casualty Insurance Company.

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 121" day of August, 2024 at Upland, California.

City of Upland, a Municipal Corporation
Michael Blay, City Manager

Page 155 of 313 ends

LIZBETH RODRIGUEZ, ADMINISTRATIVE ASSISTANT
SUBJECT: CONSIDER APPROVAL OF AGREEMENTS FOR ON -CALL SERVICES FOR THE PUBLIC

WORKS ENGINEERING AND CAPITAL IMPROVEMENT PROGRAM DIVISIONS RECOMMENDED ACTION:

It is recommended that the City Council approve six (6) professional services agreements for on -call services for the Public Works Engineering and Capital Improvement Program Divisions, authorize the City Manager to execute the agreements; and approve the associated budget amendments.

GOAL STATEMENT
The proposed action supports the City's goal of fiscal prudence. Implementation of multi -year contracts supports the City's multi -year budget objectives.

BACKGROUND
The Public Works Department is responsible for the ongoing maintenance (O&M) of utilities, parks, facilities, and infrastructure citywide. Additionally, through the Capital Improvement Plan (CIP) process, Public Works, is responsible for planning, design, and implementation of public infrastructure improvement projects throughout the City of Upland. Both the O&M & CIP projects require the support of technical and specialized professional services to move a project through all phases from concept to construction completion. These services include, but are not limited to design, project management, construction management and staff augmentation.

ISSUES AND ANALYSIS
The City has historically established annual professional service agreements with numerous firms to provide the support services outlined above on an as -needed basis. The annual agreements are set up to expire at the end of each fiscal year. Given the sheer number of annual agreements, the internal processes involved with issuing, closing out, and reissuing annual contracts and the corresponding purchase orders (POs) every fiscal year have become a challenging and cumbersome practice requiring excessive staff time in several departments. This process coincides with all other fiscal year-end activities and budget finalization, which demand heavy staff resources to complete.

Additionally, the time required to close and reissue agreements and POs can often impact the timeliness and efficiency with which staff is able to secure needed services for development and capital projects. Additionally, many projects roll over from year to year. This revised process of obtaining a multiyear agreement in line with budget adoption ensures the project can have the resources necessary for completion.

If approved, the proposed Agreements would be used to complete projects for the Administration, Utility, Maintenance and Operations, and CIP divisions. Proposed not -to -exceed amounts for each firm were reviewed and based upon the type of service to be provided, the historical use of these services, and the projected use of services anticipated to be required August 12, 2024, through June 30, 2027. The proposed Agreements are designed for the performance of professional services only and would not be used for any contract requiring formal or informal bidding pursuant to the City's Municipal Code or state law. A summary of the firms, type of service(s) to be provided, and the three-year not -to -exceed amounts are summarized in Table No. 1.

It is important to note that POs would only be issued for services after confirmation of budget availability and for amounts within the not -to -exceed amounts approved through this item by the City Council. The agreements are contingent on budget allocation in each year for each agreement term.

Page 156 of 313 ends

Table
No. 1 - Engineering Proposed On -Call Agreements Services Firm Name
Scope of Work
Term
Not -to -Exceed
Per Year
Amount
Tetra Tech BAS, Inc.

Project Management (PM),
Construction Management (CM),
Design
08/12/24 - 06/30/2027
$
150,000
Transtech Engineers Inc.

PM, CM, Design
08/12/24
- 06/30/2027
$
500,000
TKE Engineering, Inc.

PM, CM, Design
08/12/24
- 06/30/2027
$
175,000
Operations Management
Grou ,Inc
Staff Augmentation
08/12/24
- 06/30/2027
$
375,000
Water Workforce
Staff Augmentation
08/12/24 -
06/30/2027
$
150,000
Kompass Group, Inc.

PM, CM, Design
08/12/24 -
06/30/2027
$
150,000

FISCAL IMPACTS
Table No. 2 — Funding Sources
Firm Name
Assignment by
Account
Additional Direction
Division
Tetra Tech BAS,
Utility Division
641-6301-5252 (50%)
. Blanket PO
Inc.
645-6401-5252 (50%)
0 NTE $150,000
• Per rate sheet
Transtech
CIP/Engincering
PO BY CIP project/GL
0 Blanket PO
Engineers, Inc.
• NTE $500,000
• Per rate sheet
TKE Engineering,
O&M Division
. 2295301-5253-16154 year 1
• Blanket PO
Inc.
. PO BY CIP project year 2
• NTE $175,000
• PO BY CIP project year 3
• Per rate sheet
Operations
Administration
. 1015201-5252 $11,195
0 Blanket PO
Management
Division
. 6406201-5252 $207,475
0 NTE $375,000
Group, Inc.
. 6406207-5252 $4,478
• Per rate sheet
• 6416301-5252 $84,680
Amend Budget as follows:
0 6456402-5252 $67,172
From: 1015201-5111
To: 1015201-5252 ($11,195)
From: 6406201-5111
To: 6406201-5252 ($107,475)
From: 6406207-5111
To: 6406207-5252 ($4,478)
From: 6416301-5111
To: 6416301-5252 ($33,586)
From: 6456402-5111
To: 6456402-5252 ($67,172)
Water Workforce
Utility Division
6406201-5252 (50%)
. Blanket PO
6456402-5252 (50%)
0 NTE $150,000
• Per rate sheet
Kompass Group,
O&M (Parks)
PO BY CIP project/GL
. Blanket PO
Inc.

Division
0 NTE $150,000
• Per rate sheet

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.

ALTERNATIVES
Provide alternative direction to staff.

Page 157 of 313 ends

CEQA: Not a Project.

Page 158 of 313 ends

CITY OF UPLAND

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of August 12t", 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 Tetra Tech BAS Inc, a California corporation with its principal place of business at 21700 E Copley Drive #200, Diamond Bar, CA 91765 (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:

General Civil Engineering (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:

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 $150,000 per fiscal year of the City (the first partial fiscal year's maximum compensation shall be reduced to the prorated amount based on the remaining number of days between August 12, 2024 and June 30, 2025). 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). Any additional work in excess of this amount shall be approved by the City Council.

Page 159 of 313 ends

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. Term
The term of this Agreement shall be from August 12t", 2024 to June 30t", 2027, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed ("Notice to Proceed"). The Notice to Proceed shall set forth the date of commencement of work.

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

7. Comaliance 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.
iK

Page 160 of 313 ends

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

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

10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.
a. PERS Eliaibilitv 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. 3

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(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. for the following:
(iii) Commercial General Liability Insurance must include coverage (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.

Automobile Liabi
(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
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(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.

Evidence Required
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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.

Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:

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(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.

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.
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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.

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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 Sarni Ayass as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City. above.

20. Limitation of Agreement.

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

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

CITY:

City of Upland
460 N. Euclid Avenue
Upland, CA 91786
Attn: City Manager
and shall be effective upon receipt thereof.

22. Third Party Rights
CONSULTANT:

Tetra Tech BAS, Inc.
21700 E Copley Dr #200,
Diamond Bar, CA 91765
Attn: Sami Ayass
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 Aareement
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 Assi
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

27. Non -Waiver
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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.

When funding for the services is provided, in whole or in part, by an agency of the federal government, Consultant shall also fully and adequately comply with the provisions included in Exhibit "D" (Federal Requirements) attached hereto and incorporated herein by reference ("Federal Requirements"). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN CITY OF UPLAND
AND TETRA TECH BAS, INC.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above written.

CITY OF UPLAND TETRA TECH BAS, INC.

Approved By. -
IN
By:

Stephen Parker for Michael Blay
City Manager Its:

Attested by:

By:

Printed Name:
-31
Keri Johnson
City Clerk Its:

Approved as to form:

AS
Best Best & Krieger LLP
City Attorney
Printed Name:
12

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EXHIBIT A
Scope of Services
The consultant's scope of work includes, but is not limited to the following Tasks and Duties:
• Accurately understand the details of City, State and Federal contractual and funding processes. • Develop an accurate scope of work outlining agency requirements and needs while ensuring strict adherence to code and funding compliance.
• Accurately analyze vendor proposals for proper scope, experience, and budgetary items to ensure the city is getting best value. Assist in the selection of consultants to prepare master plans. • Review and confirm time estimates and project costs based on city requirements and general practice.
• Coordinate between consultants and city to ensure city satisfaction and minimize public inconvenience. This includes contract management, scheduling weekly or biweekly meeting coordination, reporting of progress, field issues, after-hours work, progress updates, submittals, and change request management.
• Work with consultants to develop projected schedules that accurately reflect the required time for each milestone in the overall requirement.
• Ensure projects stay on -time and on -budget through oversight and quality control methods. • Navigate city through complex technical, contractual, or regulatory issues. • Provide creative solutions to help lower costs or meet project objectives. • Provide documented inspections or field observations on all work being performed, supplies needed, or equipment used for the data collection.
• Liaise with and provide advice to city staff and administration regarding the projects. • Provide regular reports and progress updates to the city as required • Present to and attend meetings of management and City Council and/or Committees as required • Issue Request(s) for Proposals for all master plan contract work and conduct any tendering necessary to complete the projects in accordance with city's policies, and with industry standards. • Responsibility for management of master plan projects, including all matters related to health and safety and site security.
• Obtain required permits, certifications, inspections, etc. as required by applicable codes and laws. • Set, manage and control costs and schedules to ensure that the project cost and schedule objectives outlined in the RFP bid are met.
• Prepare periodic project progress/status and cost reports for review • Oversee, schedule, and manage all consultants involved in each project • Manage deficiency correction, contract close-out, and the project wrap-up • Provide design services as needed
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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.
(See attached fee schedule)
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EXHIBIT B (CONTINUIED)

TETRA TECH SOLID WASTE WEST

SCHEDULE OF CHARGES

PERSONNEL
RATE

PERSONNEL
RATE
Administrative Assistant
$99
Staff Env. Specialist/Scientist 1
$1 1 1
Project Clerk
$88
Staff Env. Specialist/Scientist II
$123
Project Data Analyst
$81
Project Env. Specialist/Scientist 1
$134
Office Services Clerk
$99
Project Env. Specialist/Scientist II
$154
Project Coordinator
$148
Project Env. Specialist/Scientist 111
$168
Senior Project Coordinator
$169
Senior Env. Specialist/Scientist 1
$178
CAD Tech 1
$92
Senior Env. Specialist/Scientist 11
$187
CAD Tech II
$107
Senior Env. Specialist/Scientist III
$199
CAD Tech 111
$127
Field Data Collector
$67
CAD Tech IV
$146
Staff Planner/Permitter 1
$74
Designer 1
$164
Staff Planner/Permitter 11
$92
Designer II
$178
Staff Planner/Permitter III
$99
Designer 111
$197
Project Planner/Permitter 1
$1 15
Designer IV
$214
Project Planner/Permitter II
$127
Staff Engineer 1
$124
Project Planner/Permitter 111
$139
Staff Engineer II
$134
Project Planner/Permitter IV
$149
Staff Engineer 111
$146
Senior Planner/Permitter 1
$161
Project Engineer 1
$156
Senior Planner/Permitter II
$175
Project Engineer 11
$167
Senior Planner/Permitter 111
$187
Project Engineer III
$178
Senior Planner/Permitter IV
$206
Senior Engineer 1
$188
Senior Planner/Permitter V
$225
Senior Engineer II
$199
Principal Planner/Permitter
$285
Senior Engineer 111
$210
Architect 1
$134
Supervising Engineer 1
$221
Architect II
$ I61
Supervising Engineer 11
$231
Architect 111
$188
Supervising Engineer III
$242
Architect IV
$215
Division Engineer 1
$263
Staff Geologist 1
$124
Division Engineer II
$274
Staff Geologist II
$134
Principal Engineer
$300
Staff Geologist 111
$146
Principal
$322
Project Geologist 1
$156
Senior Principal
$338
Project Geologist 11
$167
Project Manager
$176
Project Geologist 111
$178
Project Manager 1
$187
Senior Geologist 1
$188
Project Manager II
$214
Senior Geologist 11
$199
Project Manager 111
$226
Senior Geologist 111
$210
Project Manager IV
$236
Supervising Geologist 1
$221
Project Manager V
$248
Supervising Geologist 11
$231
Senior Project Manager
$258
Supervising Geologist III
$242
Program Director
$306
Principal Geotechnical Eng/Geologist
$253
Project Advisor'
$275-$375
Principal Geotechnical Eng
$280
Construction Supervisor 1
$178
Soils/Asphalt/Field Technician
$1 16
Construction Supervisor II
$188
Soils/Asphalt/Field Technician - Prevailing Wage
$145
Construction Supervisor 111
$199
Technician
$60
Construction Manager 1
$210
Technician 1
$90
Construction Manager 11
$226
Technician 11
$105
Senior Construction Manager
$263
Senior Technician 1
$1 17
Principal Construction Manager
$289
Senior Technician 11
$139
Chief of Survey Parties
$197
Senior Technician III
$152
1-Man Survey Party with GPS
$237
Chief Technician
$171
2-Man Survey Party
$352
Senior Operator
$173
Rates are Effective January I, 2024 - December 31,
2024. Court Appearance (Expert Witness, Deposition) and Overtime Premium is ISO% of Personnel Hourly Rate. *Rate for Project Advisor to be based on specialized staff required.

IN-HOUSE EXPENSES

OTHER EXPENSES
3% of Total Personnel Fees
Company and Survey Vehicles
$17/hour
Personal Vehicle
$0.65/mile
Other Out -of -Pocket Expenses/Supplies/Travel
Cost + 15%
Company Vehicle
$0.75/mile
Consultants/Outside/Construction Services
Cost + 15%
Per Diem for Living Expenses
Federal + 15%
Equipment Usage See Attached Schedule
Outside services performed by others and direct expenses incurred on the Client's behalf are charged an administrative fee of fifteeen (15%) to cover the cost to provide for administration, sub -consultant contract coordination and insurance. Fee to be added to the direct cost of all consultants, vendors, materials, equipment suppliers, other direct costs, and any other outside services. Page 173 Of 313
RS2400 Page 1 of 2

TETRA TECH SOLID WASTE WEST

EQUIPMENT RENTAL RATES
Rates are Effective January I, 2024 - December 31, 2024 TYPE OF • DAY WEEK MONTH
4 Gas Range Meter CH4, 112S, CO, 02 (Sentinel 44) $75 $200 $500 Alpha - I Personal Sampling Pump $75 $200 $500
Disposable Bailer $20/each n/a n/a
CO2 Calorimetric Analysis Tubes $40 $125 $250
Downhole Camera $75/hr n/a n/a
Dupont Dosimeter Mark-3 (Personal Sample Pump) $50 $150 $300 Flow Calibrator (Gilian) $50 $150 $300
Gas Extraction Monitor (GEM 500 / 2000 / 2000 Plus) $125 $350 $900 Lung Sampler (Nutech 218) $100 $300 $800
Mini -Ram Data Logger $40 $125 $250
Mini -Ram Dust Meter $50 $150 $300
Organic Vapor Analyzer (OVA128) $125 $400 $1,000
Photo Ionization Detector (OVM580B) $125 $400 $1,000
Sample Train (Gas Extraction Pump) $50 $150 $300
Soil Auger/Sampler $30 $90 $180
Sounder (Liquid Level Indicator) $40 $125 $250
Horiba Meter $50 $200 $400
MiniRae 2000 $75 $200 $500
GT Surveyor $75 $200 $500
GPS Enabled SEM Leak Detection Equipment $250 $800 $2,400 GPS Survey Equipment Services n/a $200 n/a
Groundwater Sampling Equipment $30/hour n/a n/a
Company Vehicle $130 $550 $1,750
Field Sampling Supplies: 100/day n/a n/a
LEVEL C (Per Person) $150 n/a n/a
Respirator with Cartridge (full or half faced), Tyvek Coveralls, Outer Gloves, Glove Liners, Neoprene Boots
Sand Cone or Nuclear Density Gauge $14/hour n/a n/a
Hand auger and soil sampling equipment $70 n/a n/a
BAT Permeameter $250 n/a n/a
Double Ring Infiltrometer $250 n/a n/a
Inclinometer data collection system $400 n/a n/a
Infiltration test flowmeter $130 per day -test
Floor level manomenter $80 n/a n/a
Moisture vapor emission test kit (material only) $40/kit n/a n/a Field inspection kit (camera, recorder, GPS) $35 n/a n/a RS2400 Pagae-lilfof 313

4 Of UP,

CALIFORNIA LEVINE ACT DISCLOSURE STATEMENT
California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits City Officers from participating in any action concerning a license, permit, other entitlement for use, franchise, or contract (collectively "license, permit, or contract") if they receive political contribution(s) from a party, or its agent(s), totaling more than $250 within the twelve (12) months before the proceeding, while a proceeding is pending, and for twelve (12) months following the date of a final decision in a proceeding.

The Levine Act also requires a member of the Upland City Council who has received such a contribution to disclose the contribution on the record of the proceeding and recuse themselves before the proceeding unless the violation has been properly cured.

Current Upland City Council Members are listed at:
https://www.uplandca.gov/city-council-treasurer
Parties and their Agents are responsible for accessing the link to review the names and disclosing their applicable contributions to City Officers on the record of a proceeding.

As a party to a proceeding, you are also required to provide information below about contributions made by you, your agents on behalf of you or your organization, your organization subject to the proceeding with the City, and any organization you direct or control pursuant to the aggregation rules at FPPC Reg. § 18438.5, except for uncompensated officers of a nonprofit organization. This form is to be submitted to the City of Upland and is a public record. If you have any questions about this form, please contact your City representative for assistance.

1. Have you or your company, or any agent/board member on behalf of you or your company/entity, made any political contributions of more than $250 to any Upland City Council Member in the 12 months preceding the date of the submission of your proposal or application, or the anticipated date of any Council action?
❑YES If yes, please identify the Council Member(s):

Fv-(INO

Fv-(INO
Answering yes to either of the two questions above does not preclude the Upland City Council from awarding a contract or approving an application or any subsequent action. It does, however, preclude the identified Council Member(s) from participating in any actions related to your proposal or application.

August 5, 2024
Date
S*gnat r f a orized individual
I-oeea Tech BAS, Inc./Jeffrey M. Williams
Company/Applicant Name
(Levine Act definitions on reverse side)

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LEVINE ACT DISCLOSURE STATEMENT DEFINITIONS
Term
Definition
Law
A proceeding to grant, deny, revoke, restrict, or modify a license, permit or other entitlement for use, that
does not solely involve purely ministerial decisions
and is:

Covered
(1) Applied for by the party;
FPPC Reg 18438.2(a)
"proceedings"
(2) Formally or informally requested by the party; or
(3) A contract between the agency and the party or a
franchisee granted by the agency to the party, other
than a contract that is competitively bid, a labor
contract, or a personal employment contract.

Any person who files an application for, or is the
Party
subject of, a proceeding involving a license, permit, or Gov. Code 84308(a)(1)
other entitlement for use.

Any person who is not a party but who actively
supports or opposes a particular decision in a
proceeding involving a license, permit, or other
entitlement for use and who has a financial interest in Gov. Code 84308(a)(2)
Participant
the decision. A person actively supports or opposes a
FPPC Reg 18438.4
particular decision in a proceeding if that person
lobbies in person the officers or employees of the
agency, testifies in person before the agency, or
otherwise acts to influence officers of the agency.

A person who represents a party or participant for
compensation and appears before or otherwise
Agent
communicates with the governmental agency for the
FPPC Reg 18438.3
purpose of influencing the pending proceeding. See
FPPC Reg 18438.3 for exceptions for certain
consultants.

A contract required by law to be awarded to the lowest
responsible bidder with a responsive bid, or, if the
FPPC Reg
Competitively Bid
successful bidder refuses or fails to execute the
18438.2(a)(3)(A)
contract, to the next lowest bidder with a responsive
bid.

A contract or agreement reached through collective
bargaining or with a representative group regarding
Labor Contract
the salary, benefits, or terms and conditions under an
FPPC Reg
employment or retirement policy for employees or
18438.2(a)(3)(B)
retirees, including a project labor agreement entered
under Public Contract Code Section 2500.

Personal
A contract for employment, including the terms and
Employment
conditions of employment, between the agency and
FPPC Reg
Contract
an agency employee. A contract with an independent
18438.2(a)(3)(C)-(D)
contractor is NOT a personal employment contract.

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CITY OF UPLAND

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of August 12t", 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 TRANSTECH Engineers, a California CORPORATION with its principal place of business at 13367 Benson Avenue, Chino, CA 91710 (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:

Plan Checking and Staff Augmentation Services (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:

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 $500,000 per fiscal year of the City (the first partial fiscal year's maximum compensation shall be reduced to the prorated amount based on the remaining number of days between August 12, 2024 and June 30, 2025). 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.

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and Additional Work) exceed fifty thousand dollars ($50,000). Any additional work in excess of this amount shall be approved by the City Council.

3. Additional Work.

4. Maintenance of Records.

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. iK

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9. Assianment 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.

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(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. for the following:
(iii) Commercial General Liability Insurance must include coverage (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.

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(iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self -insured retention.

C. Workers' Compensation/Employer's Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the "Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer's Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers' compensation coverage of the same type and limits as specified in this section.
d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein.

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(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.

Evidence Reauired
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.

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and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.

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.

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omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
b. If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance of "design professional" services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault.

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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.

15. Reserved

16. Laws and Venue.

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

19. Organization
Consultant shall assign Ahmad Ansari, 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.
9

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above.

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

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

CITY:

City of Upland
460 N. Euclid Avenue
Upland, CA 91786
Attn: City Manager
and shall be effective upon receipt thereof.

22. Third Party Rights
CONSULTANT:

Ahmad Ansari, PE
TRANSTECH Engineers, Inc.
13367 Benson Avenue,
Chino, CA, 91710
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.

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, 10

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Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

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

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

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

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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN CITY OF UPLAND

AND TRANSTECH ENGINEERS
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above written.

CITY OF UPLAND TRANSTECH Engineers, Inc.

Approved By. -
IN
M
Stephen Parker for Michael Blay
City Manager Its:

Attested by:

By:

Printed Name:
-31
Keri Johnson
City Clerk Its:

Approved as to form:

AS
Best Best & Krieger LLP
City Attorney
Printed Name:
12

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EXHIBIT B (CONT)
TRANSTECH ENGINEERS, INC.

SCHEDULE OF HOURLY RATES
Effective: Thru June 30, 2025
Rates are average ranges, negotiable and can be adjusted to establish a fee for each assignment based on the specific project's scope, when such projects are identified by the City.

ENGINEERING
Field Technician
$90
$105
Engineering Technician
$100
$115
Assistant CAD Drafter
$110
$125
Senior CAD Drafter
$130
$145
Associate Designer
$145
$160
Senior Designer
$160
$175
Design Project Manager
$200
$215
Assistant Engineer
$120
$135
Associate / Staff Engineer
$155
$170
Senior Civil Engineer
$210
$225
Traffic Analyst Technician
$105
$120
Associate Traffic Analyst
$160
$175
Senior Traffic Analyst
$170
$185
Professional Transportation Planner
$185
$200
Traffic Engineer Technician
$100
$115
Associate/Staff Traffic Engineer
$155
$170
Traffic Engineer
$180
$195
Senior Traffic Engineer
$195
$210
Project Manager
$195
$210
Senior Project Manager
$215
$230
Deputy City Engineer
$185
$200
City Engineer
$200
$215
Principal Engineer
$215
$230

BUILDING & SAFETY
Permit Technician
$80
$95
Plan Check Technician/Analyst/Supervisor
$130
$145
Building Inspector
$125
$140
Senior Inspector
$135
$150
Plans Examiner/Checker
$150
$165
Plan Check Engineer
$165
$180
Deputy Building Official
$170
$185
Building Official
$175
$190

CONSTRUCTION MANAGEMENT
Labor Compliance Analyst
$150
$165
Funds Coordinator
$160
$175
Office Engineer
$150
$165
Construction Inspector
$150
$165
Senior Construction Inspector
$160
$175
Construction Manager
$180
$195
Sr. Construction Manager/Resident Engineer
$195
$210

PUBLIC WORKS INSPECTION
Public Works Inspector
$150
$165
Senior Public Works Inspector
$160
$175
Supervising PW Inspector
$170
$185

SURVEY AND MAPPING
Survey Analyst
$160
$175
Senior Survey Analyst
$165
$180
2-Man Survey Crew
$365
$400
Survey & Mapping Specialist
$195
$210
Licensed Land Surveyor
$220
$235

FUNDING & GRANT WRITING
Funds Analyst
$150
$165
Senior Funds Analyst
$160
$175
Grant Writer
$175
$190
Funds & Grant Project Manager
$195
$210

PLANNING
Community Development Technician
$80
$95
Planning Technician
$95
$110
Assistant Planner
$115
$130
Associate Planner
$130
$145
Senior Planner
$155
$170
Planning Manager
$180
$195

ADMINISTRATIVE STAFF
Administrative/Clerical
$75
$90
Project Accountant
$85
$95
The above fees are increased each year July 1st automatically by the percentage change Los Angeles -Long Beach -Anaheim California Consumer Price Index -All Urban Consumers ("CPI-U") for the preceding twelve-month period as calculated for February by the U.S. Department of Labor Bureau of Labor Statistics and published by the United States Bureau of Labor Statistic.

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4 OF Upt9

CALIFORNIA LEVINE ACT DISCLOSURE STATEMENT
n�t:FOB�t�
California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits City Officers from participating in any action concerning a license, permit, other entitlement for use, franchise, or contract (collectively "license, permit, or contract") if they receive political contribution(s) from a party, or its agent(s), totaling more than $250 within the twelve (12) months before the proceeding, while a proceeding is pending, and for twelve (12) months following the date of a final decision in a proceeding.

W1NO

W1NO
Answering yes to either of the two questions above does not preclude the Upland City Council from awarding a contract or approving an application or any subsequent action. It does, however, preclude the identified Council Member(s) from participating in any actions related to your proposal or application. 08/05/2024 11114�-
Date
Signature of authorized individual
Okan Demird
Company/Applicant Name
(Levine Act definitions on reverse side)

Page 192 of 313 ends

Any person who files an application for, or is the
Party
subject of, a proceeding involving a license, permit, or Gov. Code 84308(a)(1)
other entitlement for use.

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CITY OF UPLAND

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of August 12t", 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 TKE Engineering, Inc., a California corporation with its principal place of business at 2305 Chicago Ave, Riverside, CA 92507 (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:

General Civil Engineering (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:

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 $175,000 per fiscal year of the City (the first partial fiscal year's maximum compensation shall be reduced to the prorated amount based on the remaining number of days between August 12, 2024 and June 30, 2025). 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.

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3. Additional Work.

4. Maintenance of Records.

5. Term
The term of this Agreement shall be from August 12th, 2024 to June 30th, 2027, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed ("Notice to Proceed"). The Notice to Proceed shall set forth the date of commencement of work.

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C. Workers' Compensation/Employer's Liability
rd

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Evidence Required
5

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Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:

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14. Verification of Employment Eligibility.

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15. Reserved

16. Laws and Venue.

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

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

20. Limitation of Agreement.

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

21. Notice
9

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CITY:

City of Upland
460 N. Euclid Avenue
Upland, CA 91786
Attn: City Manager
and shall be effective upon receipt thereof.

22. Third Party Rights
CONSULTANT:

TKE Engineering, Inc.
2305 Chicago Ave,
Riverside, CA 92507
ATTN: Terry Renner
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.

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

27. Non -Waiver
10

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

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

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

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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN CITY OF UPLAND
AND TKE ENGINEERING, INC.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above written.

CITY OF UPLAND TKE
Approved By. -
IN
M
Stephen Parker for Michael Blay
City Manager Its:

Attested by:

By:

Printed Name:
-31
Keri Johnson
City Clerk Its:

Approved as to form:

AS
Best Best & Krieger LLP
City Attorney
Printed Name:
12

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EXHIBIT B (CONTINUED)
1KE ENGINEERING, INC.

RATE SCHEDULE
2023- 2024
HOURLY
RATE
Principal in Charge..................................................................................... $180.00
Project Manager/Construction Manager/Licensed Surveyor .......................... $170.00
Traffic Engineer(TE)................................................................................... $160.00
Senior Engineer/Project Engineer (PE)/Senior Plan Checker ........................ $160.00
Assistant Project Manager/Associate Engineer ............................................ $150.00
Assistant Engineer/Plan Checker/Designer.................................................. $140.00
AutoCAD Technician................................................................................... $130.00
Engineering Technician.............................................................................. $100.00
Clerical..................................................................................................... $ 90.00
Forensic Engineering.................................................................................. $275.00
Expert Witness Testimony......................................................................... $375.00

SURVEYING SERVICES
2-Man Survey Crew (Prevailing Wage) ........................................................ $250.00

CONSTRUCTION SERVICES
Senior Construction Inspector (Prevailing Wage) .......................................... $130.00 Construction Inspector (Prevailing Wage) .................................................... $120.00

REIMBURSABLE COSTS
In-house Reproduction............................................................................... Cost Printing and Materials................................................................................ Cost + 10% Express Mail/Courier/Next Day Service ...................................................... Cost + 10% Special Subconsultant Services................................................................. Cost + 10% Revised July 2023

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oV up-C
_F CALIFORNIA LEVINE ACT DISCLOSURE STATEMENT
t jx,,o�v
California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits City Officers from participating in any action concerning a license, permit, other entitlement for use, franchise, or contract (collectively "license, permit, or contract") if they receive political contribution(s) from a party, or its agent(s), totaling more than $250 within the twelve (12) months before the proceeding, while a proceeding is pending, and for twelve (12) months following the date of a final decision in a proceeding.

Current Upland City Council Members are listed at:
httpsD4 www.uplandca.gov/city-council-treasurer
Parties and their Agents are responsible for accessing the link to review the names and disclosing their applicable contributions to City Officers on the record of a proceeding.

WINO

2. Do you or your company/entity, or any agency on behalf of you or your company/entity, anticipate or plan to make any political contribution of more than $250 to any Upland City Council Member in the 12 months following any Council action related to your proposal or application? ❑YES If yes, please identify the Council Member(s):
[—V�NO
Answering yes to either of the two questions above does not preclude the Upland City Council from awarding a contract or approving an application or any subsequent action. It does, however, preclude the identified Council Member(s) from participating in any actions related to your proposal or application. 08/05/2024
Date
Signature of authorized individual
TKE Engineering, Inc. / Steven Ledbetter
Company/Applicant Name
(Levine Act definitions on reverse side)

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CITY OF UPLAND

Baseline Rd. #300-249, Claremont, CA, 91711 (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:

Engineering Administration (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:

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 $375,000 per fiscal year of the City (the first partial fiscal year's maximum compensation shall be reduced to the prorated amount based on the remaining number of days between August 12, 2024 and June 30, 2025). 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.

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and Additional Work) exceed fifty thousand dollars ($50,000). Any additional work in excess of this amount shall be approved by the City Council.

3. Additional Work.

4. Maintenance of Records.

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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.

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and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.

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14. Verification of Employment Eligibility.

15. Reserved

16. Laws and Venue.

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

19. Organization
Consultant shall assign Chris Alanis 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.
9

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above.

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

CITY:

City of Upland
460 N. Euclid Avenue
Upland, CA 91786
Attn: City Manager
and shall be effective upon receipt thereof.

22. Third Party Rights
CONSULTANT:

Operations Management Group Inc.
2209 E. Baseline Rd. #300-249
Claremont, Ca. 91711
Attn: Chris Alanis
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.

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
10

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

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

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

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

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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN CITY OF UPLAND
AND OPERATIONS MANAGEMENT GROUP, INC.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above written.

CITY OF UPLAND Operations Management Group, Inc.

Approved By. -
IN
-31
Stephen Parker for Michael Blay
City Manager Its:

Attested by:

By:

Printed Name:
-31
Keri Johnson
City Clerk Its:

Approved as to form:

AS
Best Best & Krieger LLP
City Attorney
Printed Name:
12

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EXHIBIT A
Scope of Services
The following scope of work outlines the essential duties and responsibilities for the management of the Public Works Department. Management reserves the right to add, modify, change, or rescind work assignments as needed to ensure qualified employees can perform the essential functions of the job effectively.

1. Comprehensive Management of Public Works Programs
- Oversee all programs, services, and activities of the Public Works Department, including engineering, utilities, maintenance, transportation operations, land development, and capital improvement projects.

2. Goal Setting and Policy Implementation
- Develop, direct, and coordinate the implementation of departmental goals, objectives, policies, procedures, and work standards.
- Establish appropriate budget, service, and staffing levels in alignment with City policies.

3. Budget Administration
- Manage and participate in the development and administration of the department's budget.

Forecast additional funds required for staffing, equipment, and supplies.

Monitor and approve expenditures and implement necessary budgetary adjustments.

4. Personnel Management
- Select, train, motivate, and direct Department personnel. - Evaluate and review staff performance for acceptability and conformance with departmental standards.
- Address staff deficiencies, implement discipline, and manage termination procedures. - Respond to staff questions and concerns.

5. Service Quality and Efficiency Improvement
- Contribute to service quality by developing, reviewing, and implementing policies and procedures.
- Monitor and evaluate service delivery methods and procedures for efficiency and effectiveness.
- Assess and improve work distribution, support systems, and internal reporting relationships.

6. Regulatory and Technological Adaptation
- Monitor legal, regulatory, technology, societal changes, and court decisions affecting departmental work.
- Determine necessary equipment acquisition, training programs, and procedural changes to maintain qualified staff and effective service delivery.

7. Consultant and Contract Management
- Oversee the development of requests for proposals for professional services and manage the bid process.
- Evaluate proposals, recommend project awards, and negotiate contracts and agreements.
- Administer contracts post -award.

8. Engineering Oversight
- Exercise City Engineer signatory authority as established by statute or ordinance. - Direct and participate in engineering programs, including civil engineering, transportation, land development, construction inspection, and capital improvement projects.

9. Stakeholder Engagement
13

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Engage with engineers, developers, architects, contractors, outside agencies, and the public to coordinate and acquire information on engineering, public works, transportation, and utilities.

Provide information and facilitate coordination on these matters.

10. Project Planning and Execution
- Direct the preparation of studies and reports related to transportation planning and capital improvement.
- Prepare plans, specifications, designs, estimates, contracts, schedules, and inspection projects.

11. Negotiation and Agreements
- Negotiate agreements with utility companies, developers, property owners, and other agencies for rights -of -way, easements, financial participation, and services.

12. Representation and Advocacy
- Represent the department to other City departments, elected officials, and outside agencies.
- Explain and interpret departmental programs, policies, and activities. - Negotiate and resolve significant and controversial issues.

13. Organizational Studies and Recommendations
- Conduct departmental organizational and operational studies and investigations. - Recommend modifications to programs, policies, and procedures as appropriate.

14. Public Presentations and Meetings
- Participate in and present to the City Council, committees, boards, and commissions. - Attend and participate in professional group meetings to stay updated on new trends and innovations in Public Works.

15. Documentation and Reporting
- Direct the maintenance of working and official departmental files. - Prepare, review, and present staff reports, management updates, and special project reports as assigned by the City Manager.

16. Public Relations and Inquiry Response
- Respond to public inquiries and complaints, providing resolutions and alternative recommendations.
- Serve as a spokesperson for the Department at community events, meetings, and other public relations activities.

17. Safety and Compliance
- Ensure staff observe and comply with all City and mandated safety rules, regulations, and protocols.

18. Other Duties
- Perform additional duties as assigned.
14

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Rate Sheet for 2024-2025
Public Works Director
Hourly Rate: $175
This rate sheet outlines the hourly rate for the Public Works Director for the 2024-2025 fiscal year. 15

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of U,'ty
°~ CALIFORNIA LEVINE ACT DISCLOSURE STATEMENT
4 �
P
�9411,01►��
California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits City Officers from participating in any action concerning a license, permit, other entitlement for use, franchise, or contract (collectively "license, permit, or contract") if they receive political contribution(s) from a party, or its agent(s), totaling more than $250 within the twelve (12) months before the proceeding, while a proceeding is pending, and for twelve (12) months following the date of a final decision in a proceeding.

Current Upland City Council Members are listed at:
https://www.upIandca.gov/city-council-treasurer
Parties and their Agents are responsible for accessing the link to review the names and disclosing their applicable contributions to City Officers on the record of a proceeding.

1. Have you or your company, or any agent/board member on behalf of you or your company/entity, made any political contributions of more than $250 to any Upland City Council Member in the 12 months preceding the date of the submission of your proposal or application, or the anticipated date of any Council action?
®YES If yes, please identify the Council Member(s):
[D'NO

2. Do you or your company/entity, or any agency on behalf of you or your company/entity, anticipate or plan to make any political contribution of more than $250 to any Upland City Council Member in the 12 months following any Council action related to your proposal or application? ®YES If yes, please identify the Council Member(s):
2'N 0
Answering yes to either of the two questions above does not preclude the Upland City Council from awarding a contract or approving an application or any subsequent action. It does, however, preclude the identified Council Member(s) from participating in any actions related to r pron a'I or application. i
08/05/24
Date nat a of authorized individual
Operations ManagementGroup Inc.

Company/Applicant Name
(Levine Act definitions on reverse side)

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CITY OF UPLAND

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of August 12t", 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 WaterWorkforce, a California corporation with offices at 1619 Couples Court, Upland, CA 91784 (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:

Engineering Administration (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:

Services.

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

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3. Additional Work.

4. Maintenance of Records.

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C. Workers' Compensation/EmPloyer's Liability
rd

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Evidence Required
5

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Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:

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14. Verification of Employment Eligibility.

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15. Reserved

16. Laws and Venue.

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

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

20. Limitation of Agreement.

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

21. Notice
9

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CITY: CONSULTANT:

City of Upland WaterWorkforce
460 N. Euclid Avenue 1619 Couples Court,
Upland, CA 91786 Upland CA 91784
Attn: City Manager Attn: Bret Kadel
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.

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

27. Non -Waiver
10

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

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

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

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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN CITY OF UPLAND

AND WATER WORKFORCE
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above written.

CITY OF UPLAND WaterWorkforce
Approved By. -
IN
M
Stephen Parker for Michael Blay
City Manager Its:

Attested by:
la
Name:

By:

Keri Johnson
City Clerk Its:

Approved as to form:
la
Best Best & Krieger LLP
City Attorney
Name:
12

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EXHIBIT A
STAFFING SUMMARY:

This role, operating under the guidance of allocated management, is responsible for carrying out assigned task orders to support the operational needs of the City of Upland Utility Division. These responsibilities encompass Acting Utility Manager staff augmentation, On -call Services and Water Staff Augmentation as specified in the "Temporary Staffing Rates." The task and responsibilities of the Acting Utility Manager and Water Staff Augmentation shall be the same as the City's job description for Utility Manager and the corresponding positions as shown in the "Temporary Staffing Rates".

ESSENTIAL FUNCTIONS and CERTIFICATIONS REQUIRED:

The essential functions and necessary certifications are all detailed in City of Upland job descriptions. These encompass a wide range of roles, including Water Production, Water Treatment, Water Distribution, Sewer Collections, and Electrical/Technical positions within the City of Upland Utility Division. All on -call services and staff augmentation will require compliance with these essential functions and certifications, ensuring the proper coverage and expertise for the designated roles.
(continued - see attachments)
13

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ANWATERWORKMRCE

WATER AND WASTEWATER EXPERTS
Exhibit A
Task Order Task Order# 2023-8-01
Client Information
Name: City of Upland
Address: 060 N Euclid Avenue
Upland Ca 91786
Assignment
Position Job Name: Utilities Manager
Contact: Braden Yu
Phone: (909) 291-2930
Email: [email protected]
Department: Public Works Reports To: Braden Yu
Location: 060 N Euclid Avenue Upland, CA 91786
Assigned Facility (s): _ Public Works Utilities
Duration of Placement: August 2023 to Feburary 2024
Work Schedule: Start Time: TBD End Time: TBD Days of the week: TBD Scope of placement: Please see job descriptions attached.

City of Upland WaterWorkforce INC
Signature Signature
Printed Name Printed Name
Title Title
Date Date
Page W 313

Utilities Manager
Bargaining Unit: Mid -Management Employee
Association

CITY OF UPLAND
Established Date: Jan 1, 2017
Revision Date: Jan 23, 2023

SALARY RANGE
$59.75 - $76.26 Hourly
$10,357.29 - $13,218.82 Monthly
$124,287.53 - $158,625.88Annually
GENERAL PURPOSE:

Class Code:
211
Under general direction, plans, organizes, oversees, coordinates, and manages the staff and operations of the Public Works Utilities Division, including water and sewer operations, engineering and customer service, and water resources planning and management; reviews water, recycled water, and wastewater land development; oversees the City's capital improvement project planning, contract management, and Implementation functions; oversees environmental review and Geographic Information Systems (GIS) mapping; manages the effective use of division resources to improve organizational productivity and customer service; provides complex and responsible support to the Director of Public Works in areas of expertise; and performs related work as required.
5MPERVISIQN RECEIVED AND EXERCISEp
Receives general direction from the Director of Public Works. Exercises direct supervision over supervisory, professional, and technical support staff.

CLASS CHARACTERISTICS:

This is a management classification responsible for planning, organizing, and managing the staff, operations, and activities of the Utilities Division, including water and sewer operations, engineering and customer service, and water resources planning and management.

Incumbents are responsible for performing diverse, specialized, and complex work involving significant accountability and decision -making responsibilities, which include division budget administration, program evaluation, and recommendation and implementation of policies, procedures, goals, objectives, priorities, and standards related to the City's water, wastewater, and storm drain utility systems. Incumbents serve as a professional -level resource for organizational, managerial, and operational analyses and studies. Performance of the work requires the use of considerable Independence, Initiative, and discretion within broad guidelines.

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! ESSENTIAL DUTIES AND RESPONSIBILITIES:

Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so qualified employees can perform the essential functions of the job.
• Plans, manages, and oversees the daily functions, operations, and activities of the City's water and sewer operations which includes treatment plants, reservoirs, pumping stations, pressure regulating stations, well pumps, remotely operated valves, and distribution mains to ensure the delivery of safe drinking water in compliance with federal, state, and local regulations; monitors sewer collection mains and other sewage facilities; properly manages water supply resources, operating efficiencies, and proper operation and maintenance of water system facilities; maintains cleaning schedules of sewer pipelines.
• Participates in the development and implementation of goals, objectives, policies, and priorities for assigned functions; recommends within department policy, appropriate service and staffing levels; recommends and administers policies and procedures. • Participates in the development, administration, and oversight of division and department budgets; determines funding needed for staffing, equipment, materials, and supplies; ensures compliance with budgeted funding; monitors department budgets and expenditures.
• Develops and standardizes procedures and methods to improve and continuously monitor the efficiency and effectiveness of assigned programs, service delivery methods, and procedures; assesses and monitors workload, administrative and support systems, and internal reporting relationships; identifies opportunities and makes recommendations for improvement.
• Participates in the selection of, trains, motivates, and evaluates assigned personnel; works with employees to correct deficiencies; recommends and implements discipline and termination procedures.
• Develops and manages requests for proposals for professional and/or contracted services; prepares scope of work and any technical specifications; evaluates proposals and recommends award; negotiates contracts; administers contracts to ensure compliance with City specifications and service quality. • Acts as liaison and discusses issues related to municipal utility systems with other City departments as well as developers, contractors, subcontractors, financial institutions, businesses, and their representatives.
• Directs, coordinates, reviews, and updates the Water Systems Operations Plan; oversees and coordinates water meter services; reviews meter testing to ensure accuracy and compliance.
• Participates in the planning of new utilities facilities and systems; participates in the development of specifications for the purchase of equipment; implements and complies with and monitors hazardous material procedures and local, county, state, and federal regulations.
• Prepares and presents staff and agenda reports and other necessary correspondence related to assigned activities and services; attends City Council, Planning Commission, and other board meetings; conducts presentations and provides technical advice regarding assigned functions; prepares and conducts public meetings and presentations for community groups.
• Conducts a variety of organizational and operational studies and investigations; recommends modifications to assigned programs, policies, and procedures, as appropriate.
• Serves as a liaison and provides technical guidance and assistance for assigned functions with other City departments, divisions, businesses, outside agencies, and other interested parties; provides staff support to commissions, committees, and task forces, as necessary.
• Attends and participates in professional group meetings; stays abreast of new trends and innovations in municipal utility systems; researches emerging products and enhancements and their applicability to City needs.

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Upland City CouncilAugust 12, 2024

Upland City Council
August 12, 2024