Agenda packet, joint meeting — Upland City Council, September 23, 2024 (part 2 of 7)

I SECTION 8: EXPOSURE CONTROLS / PERSONAL PROTECTION pa

8.1 Engineering Controls: Local exhaust ventilation to maintain levels below o C STEL (Short Term Exposure Limit) of 1 ppm as `< !—
chlorine. o —1

8.2 Personal Protection:

8.2.1 Eye/ Face Protection: Wear safety glasses, goggles or face shield to u7 C) prevent eye contact. _ m I

8.2.2 Skin Protection: Wear appropriate chemical resistant protective (2 '— clothing and chemical resistant gloves to prevent 0 skin contact. Butyl rubber, Neoprene, or Nitrile w
Gloves should be worn when handling this z
material. Wear chemical resistant clothing such P
Ias a rubber apron when splashing may occur. o
Rinse immediately if skin is contaminated. 00
Remove contaminated clothing promptly and
wash before reuse. Clean protective equipment
i before reuse.

8.2.3 Respiratory Protection: Avoid breathing vapor or mist. When airborne exposure limits are exceeded (see below), use
NIOSH approved respiratory protection
equipment appropriate to the material and/or its
components. Full facepiece equipment is
recommended and, if used, replaces need for
face shield and chemical goggles. For
emergency and other conditions where exposure
limit may be significantly exceeded, use an
approved full face positive-pressure, self-
contained breathing apparatus.

8.2.4 Other Safety Equipment: Eye wash facility and emergency shower should i be in close proximity.

8.3 Exposure Limits: Sodium Hypochlorite Chlorine*

8.3.1 AIHA (American Industrial Hygiene 2 mg/m3: 15 minute. Not established Association) /WEEL (Workplace (Short-term time weighted Environmental Exposure Level average)
guides) 2010

8.3.2 ACGIH (American Conference of Not established. 0.5 ppm Governmental Industrial Hygienists)
TWA(Time Weighted Average)

8.3.3 ACGIH STEL (Short Term Not established. 1 ppm Exposure Limit)

8.3.4 OSHA PEL (Permisible Exposure Not established. 0.5 ppm Limit)

8.3.5 ACGIH Ceiling Not established. Not established

8.3.6 NIOSH (National Institute for Not established. 10 ppm Occupational Safety & Health) IDLH
(Immediate Danger to Life & Health)

8.3.7 OSHA STEL (Short Term Exposure Not established. 1 ppm as Cl2 Limit)

8.3.8 NIOSH (15 min. ceiling) Not established. 0.5 ppm *Chlorine is unlikely to be present as a decomposition product, but may be present in incidents of accidental mixing with other chemicals.

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■ SECTION 9: PHYSICAL AND CHEMICAL PROPERTIES

9.1 Appearance: Greenish yellow liquid. C

9.2 Odor: Pungent. `< r

9.3 Odor Threshold: 0.9 mg/m3. o

9.4 pH: 11.2- 11.4 (1% solution)

9.5 Melting Point: Not pertinent. u)

9.6 Freezing point: -23.3°C (-10°F) m

9.7 Boiling Point & Boiling Range: Decomposes @ 110°C (230°F) Zi 0

9.8 Flash Point: No information available.

9.9 Evaporation Rate: No information available. cWi�

9.10 Flammability(solid, gas): Not flammable.

9.11 Upper/ Lower Flammability or No information available.

Explosive Limits: co

9.12 Vapor Pressure: 12.1 mm Hg @ 20°C (68°F)

9.13 Vapor Density: 2.61 (air=1)

9.14 Relative Density(Specific 1.2 g/mL or 10 lb/gallon @ 20°C (68°F) Gravity):

9.15 Solubility in Water: Mixes infinitely with water.

9.16 Partition Coefficient: (n-octanol / No information available. water):

9.17 Auto-ignition Temperature: No information available.

9.18 Decomposition Temperature: Decomposes @ 110°C (230°F)

9.19 Molecular Weight: 74.5 g/mole

9.20 Viscosity: 1.75 - 2.50 centipoises (varies with temperature) 1 SECTION 10: STABILITY AND REACTIVITY

10.1 Stability: Stable under normal conditions of storage, handling, and use.

10.2 Instability/ Decomposition All bleach decomposition is dependant on temperature. For Temperature: any given temperature, the higher the strength, the faster it decomposes. In summary, for every 10°C increase in
storage temperature, the sodium hypochlorite will
decompose at an increased rate factor of approximately

3.5. 10.3 Conditions of Instability: High heat, ultraviolet light.

10.4 Incompatibility with Oxidizing agents, acids, nitrogen containing organics, Various Substances: metals, iron, copper, nickel, cobalt, organic materials, and ammonia.

10.5 Corrosivity: Corrosive to metals.

10.6 Special Remarks on Rate of decomposition increases with heat.

Reactivity: May develop chlorine if mixed with acidic solutions.

10.7 Special Remarks on None.

Corrosivity:

10.8 Hazardous Will not occur.

Polymerization:

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SECTION 11: TOXICOLOGICAL INFORMATION

11.1 Routes of Entry: Eyes, skin, ingestion, dermal absorption. C

11.2 Acute Toxicity: ` 2 g/kg (rabbit) _

11.2.3 Primary Eye Irritation: Corrosive o7

11.2.4 Primary Skin Irritation: Corrosive m =

11.2.5 Inhalation Toxicity (LC5o): No data available. '2 r

11.3 Chronic Effects (Human Risk Based on the toxicity profile and exposure scenarios o7 0 Assessment): for sodium hypochlorite, EPA concludes that the risks w from chronic and subchronic exposure to low levels of z these pesticides are minimal and without P
consequence to human health. o

11.4 Tolerance Requirement: Exempt (EPA document "Index to Pesticide Chemical 00 Names, Part 180 Tolerance Information, and Food
and Feed Commodities (by Commodity)" July 2010
SECTION 12: ECOLOGICAL INFORMATION

12.1 Ecotoxicity: Sodium hypochlorite is low in toxicity to avian wildlife, but it is highly toxic to freshwater fish and invertebrates.

12.1 1 Freshwater Atlantic Herring (clupea harengus) Fish LC50 = 0.033 - 0.097 mg//I/96 hr, flow through bioassay (pH: 8) Toxicity: Shiner Perch (cymatogaster aggregata)
LCso= 0.045- 0.098 mg/I/96 hr, flow through bioassay (pH: 8) Three Spine Stickleback (gasterosteus aculeatus)
LCso= 0.141 - 0.193 mg/I/96 hr, flow through bioassay (pH: 8) Pink Salmon (oncorhynchus gorbuscha)
LCso = 0.023 - 0.052 mg/I/96 hr, flow through bioassay (pH: 8) Coho Salmon (oncorhynchus kisutch)
LC50 = 0.026- 0.038 mg/I/96 hr, flow through bioassay (pH: 8) English Sole (parophrys vetulus)
LC50 = 0.044- 0.144 mg/I/96 hr, flow through bioassay (pH: 8) Fat Head Minnow (pimephales promelas)
LC50 = 0.22- 0.62 mg/I/96 hr, flow through bioassay (pH: 7)

12.1.2 Invertebrate Water Flea (ceriodaphnia sp. 0) Toxicity: LCso= 0.006 mg/I/24 hr
Water Flea (daphnia magna)
LCso= 0.07- 0.7 mg/I/24 hr
Water Flea (daphnia magna)
LCso=2.1 mg/I/96 hr
Fresh Water Shrimp (gammarus fasciatus)
LC50= 0.4 mg/I/96 hr
No common name (nitocra spinipes)
LC50= 0.40 mg/I/96 hr
Grass Shrimp (palaemonetes pugio)
LC50= 0.52 mg/I/96 hr

12.2 Persistence: No data available.

12.3 Environmental In fresh water, sodium hypochlorite breaks down rapidly into non-toxic Fate: compounds when exposed to sunlight. In seawater, chlorine levels decline rapidly; however, hypobromite (which is acutely toxic to aquatic organisms) is formed. EPA believes that the risk of acute exposure to aquatic organisms is sufficiently mitigated by precautionary labeling and National Pollutant Discharge Elimination System (NPDES) permit requirements.

12.4 Bioconcentration: This material is not expected to bioconcentrate in organisms.

12.5 Biodegradation: This material is inorganic and not subject to biodegradation.

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E
SECTION 13: DISPOSAL CONSIDERATIONS C
Do not contaminate food or feed by storage, disposal, or cleaning of equipment. Product or rinsates that cannot be used should be diluted with water before disposal in a sanitary sewer. o - This product can be neutralized with sodium bisulfite, sodium thiosulfate, sodium sulfite. Do not confuse these products with sulfates or bisulfates. Do not discharge effluent containing this () product into lakes, streams, ponds, estuaries, oceans, or other waters unless in accordance with _ the requirements of a National Pollutant Discharge Elimination system (NPDES) permit and the ( !— permitting authority has been notified in writing prior to discharge. Do not contaminate water Zi 0 containing this product to sewer systems without previously notifying the local sewage treatment o plant authority. For guidance, contact your State Water Board or Regional Office of the EPA.

Dispose of in accordance with all applicable local, County, State, and Federal regulations. o SECTION 14: TRANSPORT INFORMATION co
Inside containers Container
( 1.3 gallons)

14.1 UN Number Limited Quantity UN 1791

14.2 UN Proper Shipping Name -- Hypochlorite Solutions (Sodium Hypochlorite)

14.3 Transport Hazard Class -- 8

14.4 Packing Group -- PG III

14.5 Environmental Hazard (e.g. Yes Yes
Marine Pollutant)

14.6 Reportable Quantity(RQ): 100 lb (45.4 kg) or 80 100 lb (45.4 kg) or 80 gallons (based on 12.5% gallons (based on 12.5%
active ingredient) active ingredient)

14.7 Materials of Trade (MOT) Exceptions.

Certain hazardous materials transported in small quantities as part of a business are subject to less regulation, because of the limited hazard they pose. These materials are known as Materials of Trade. The regulations that apply to MOTs are found in 49 CFR § 173.6.

This information is not intended to convey all specific regulatory or operational requirements/information relating to this product. It is the responsibility of the transporting organization to follow all applicable laws, regulations and rules relating to the transportation of the material.

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SECTION 15: REGULATORY INFORMATION

15.1 U.S. Regulations: C

15.1.1 OSHA HAZCOM (Hazard This material is considered hazardous under the `� r Communication) HAZCOM Standard (29 CFR 1910.1200) 0 —1

15.1.2 OSHA PSM (Process Safety Not regulated under PSM Standard (29 CFR 1910.119) Management) U) n

15.1.3 EPA FIFRA (Federal EPA Reg. No. :10897-26 _ Insecticide, Fungicide and (Registered pesticide under 40 CFR 152.10) ar Rodenticide Act) _ 0

15.1.4 EPA TSCA (Toxic Substance All components are listed or exempted. 0 XI Control Act) TSCA 12(b):This product is not subject to export notification.

15.1.5 EPA CERCLA Reportable Quantity(RQ): 45.4 kg (100 Ibs) or 80 (Comprehensive Environmental gallons (based on 12.5%active ingredient). co
Response, Compensation, and
Liability Act)

15.1.6 EPA RMP (Risk Management Not listed. (40 CFR 68.130) Plan)

15.2 State of California Regulations:

15.2.1 Safe Drinking Water and Toxic Enforcement Act of 1986 [Proposition 65, California only]: This product is not subject to warning labeling under California Proposition 65.

15.2.2 CDPR (California Department of Pesticide Regulation) Registration No: 10897-26- AA

15.2.3 CalARP (California Accidental Release Prevention Not regulated.

Program)

15.3 Canada Regulations:

15.3.1 WHMIS (Workplace Hazardous • Classification: E (Corrosive Materials) Materials Information System) • Health Effects Criteria Met by this Chemical:
• E - Corrosive to skin
• E -TDG class 8-corrosive substance
• Ingredient Disclosure List: Included for disclosure at 1%or greater.

15.3.2 DSL (Domestic Substances List) All components of this product are on the DSL.

15.4 International Inventory:

15.4.1 AICS (Australian Inventory of Chemical On inventory or in compliance with Substances) inventory.

15.4.2 KECI (Korean Existing Chemicals Inventory) On inventory or in compliance with inventory.

15.4.3 PICCS (Philippine Inventory of Chemicals On inventory or in compliance with and Chemical Substances) inventory.

15.4.4 IECSC (Inventory of Existing Chemical On inventory or in compliance with Substances in China) inventory.

15.4.5 NZloC (New Zealand Inventory of On inventory or in compliance with Chemicals) inventory.

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SECTION 16: OTHER INFORMATION

16.1 HMIS III (Hazardous Materials Identification System): o C

16.1.1 HEALTH 2 r

16.1.2 FLAMMABILITY 0 0

16.1.3 PHYSICAL HAZARD 1
u

16.1.4 PERSONAL PROTECTION See Section 8.

16.2 NFPA 704 (National Fire Protection Association): a I-

16.2.1 HEALTH 2 C!� 0

16.2.2 FLAMMABILITY 00 0 xi

16.2.3 INSTABILITY 0 0

16.2.4 SPECIAL None
0 co

16.3 International Fire Code/ International Irritant.

Building Code:

16.4 ANSI (American National Standards Institute):

16.4.1 Hazardous Industrial Chemicals- Complies with ANSI Z400.1 —2004.

SDS-Preparation:

16.4.2 Hazardous Industrial Chemicals - Complies with ANSI Z129.1 —2006.

Precautionary Labeling:

Note: The information contained herein, while not guaranteed, was prepared by competent technical personnel and is true and accurate to the best of our knowledge and belief. NO WARRANTY OR GUARANTEE, express or implied, is made regarding the product performance, product stability, or as to any other condition of use, handling, transportation, and storage.

Customer use, handling, transportation, and storage may involve additional safety and/or performance considerations. Our technical personnel will be happy to respond to questions regarding safe handling, storage, transportation, and use procedures. The safe handling, storage, transportation, and use procedures remain the sole responsibility of the customer. No suggestions for handling, storage, transportation, or use are intended as or to be construed as recommendations which may infringe on any existing patents or violate any Federal, State, and/or local law and/or regulation, ordinance, standard, etc. This Safety Data Sheet has been prepared by HASA, Inc. staff from test reports and other information available in the public domain.

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ØaQa
NSF Product and Service Listings

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NSF
The Public Health and Safety Organization
NSF Product and Service Listings
These NSF Official Listings are current as of Tuesday,January 23,2024 at 12:15 a.m. Eastern Time.Please contact NSF to confirm the status of any Listing, report errors, or make suggestions.

Facility : Eloy,AZ
Sodium Hypochlorite[HY]
Trade Designation Product Function Max Use Multi-Chlor Disinfection&Oxidation 84mg/L Multi-chlor 15.5% Disinfection&Oxidation 68mg/L [HY] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Also, reference the AWWA B300 (Hypochlorites) standard's Recommendations for the Handling and Storage of Hypochlorite Solutions appendix for information on preservation techniques for hypochlorite bleach in transit and storage.

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Facility : Pittsburg, CA
Sodium Hypochlorite[HY]
Trade Designation Product Function Max Use

12.5% Sodium Hypochlorite Solution Disinfection&Oxidation 84mg/L FRESHCHLOR Disinfection &Oxidation 84 mg/L HASACHLOR Disinfection &Oxidation 84mg/L Hasa 15.5% Sodium Hypochlorite Solution Disinfection & Oxidation 68mg/L Hasa Bleach 5.25% Disinfection & Oxidation 200mg/L Hasa Sani-clor Disinfection& Oxidation 84mg/L MULTI-CHLOR Disinfection & Oxidation 84mg/L Multi-chlor 15.5% Disinfection&Oxidation 68 mg/L [HY) The residual levels of chlorine (hypochlorite ion and hypochlorous acid) , chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Also, reference the AWWA B300 (Hypochlorites) standard's Recommendations for the Handling and Storage of Hypochlorite Solutions appendix for information on preservation techniques for hypochlorite bleach in transit and storage.

NOTE: Only products bearing the NSF Mark on the product, product packaging, and/or documentation shipped with the product are Certified.

Facility : Pomona, CA
Sodium Hypochlorite[HY]
Trade Designation Product Function Max Use
Classic Bleach Bactericide 175mg/L
Disinfection&Oxidation
HASA BLEACH 5.25% Bactericide 200mg/L
Disinfection&Oxidation
Multi-Chlor Bactericide 84mg/L
Disinfection&Oxidation
[HY) The residual levels of chlorine (hypochlorite ion and hypochlorous acid) , chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Also, reference the AWWA B300 (Hypochlorites) standard's Recommendations for the Handling and Storage of Hypochlorite Solutions appendix for information on preservation techniques

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for hypochlorite bleach in transit and storage.

Facility : Saugus, CA
Sodium Hypochlorite[HY]
Trade Designation Product Function Max Use

12.5% Sodium Hypochlorite Solution Disinfection&Oxidation 84mg/L FRESHCHLOR Disinfection&Oxidation 84mg/L
HASACHLOR Disinfection&Oxidation 84mg/L Hasa 15.5% Sodium Hypochlorite Solution Disinfection& Oxidation 68mg/L Hasa Bleach 5.25% Disinfection & Oxidation 200mg/L MULTI-CHLOR Disinfection& Oxidation 84mg/L
Multi-chlor 15.5% Disinfection&Oxidation 68mg/L [HY] The residual levels of chlorine (hypochlorite ion and hypochlorous acid) , chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Also, reference the AWWA 8300 (Hypochlorites) standard's Recommendations for the Handling and Storage of Hypochlorite Solutions appendix for information on preservation techniques for hypochlorite bleach in transit and storage.

NOTE: Only products bearing the NSF Mark on the product, product packaging, and/or documentation shipped with the product are Certified.

Facility: Spring Valley, CA
Sodium Hypochlorite[HY]
Trade Designation Product Function Max Use Multi-chlor Disinfection&Oxidation 84mg/L
[HY] The residual levels of chlorine (hypochlorite ion and hypochlorous acid) , chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Also, reference the AWWA 8300 (Hypochlorites) standard's Recommendations for the Handling and Storage of Hypochlorite Solutions appendix for information on preservation techniques for hypochlorite bleach in transit and storage.

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Facility : Bryan, TX
Sodium Hypochlorite[HY]
Trade Designation Product Function Max Use
HASACHLOR Disinfection&Oxidation 84mg/L
MULTI-CHLOR Disinfection&Oxidation 84mg/L
[HY] The residual levels of chlorine (hypochlorite ion and hypochlorous acid) , chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Also, reference the AWWA B300 (Hypochlorites) standard's Recommendations for the Handling and Storage of Hypochlorite Solutions appendix for information on preservation techniques for hypochlorite bleach in transit and storage.

NOTE: Only products bearing the NSF Mark on the product, product p\ckaging, and/or documentation shipped with the product are Certified.

Facility : Longview, WA
Sodium Hypochlorite[HY]
Trade Designation Product Function Max Use

12.5% Sodium Hypochlorite Solution Disinfection&Oxidation 84mg/L FRESHCHLOR Disinfection & Oxidation 84mg/L HASACHLOR Disinfection & Oxidation 84mg/L Hasa 15.5% Sodium Hypochlorite Solution Disinfection& Oxidation 68mg/L Hasa Bleach 5.25% Disinfection& Oxidation 200mg/L MULTI-CHLOR Disinfection& Oxidation 84mg/L
Multi-chlor 15.5% Disinfection &Oxidation 68mg/L [HY] The residual levels of chlorine (hypochlorite ion and hypochlorous acid) , chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Also, reference the AWWA B300 (Hypochlorites) standard's Recommendations for the Handling and Storage of Hypochlorite Solutions appendix for information on preservation techniques for hypochlorite bleach in transit and storage.

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NOTE: Only products bearing the NSF Mark on the product, product packaging, and/or documentation shipped with the product are Certified.

Number of matching Manufacturers is 1
Number of matching Products is 30
Processing time was o seconds

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or UAL
`� Qetk PUBLIC WORKS DEPARTMENT
1370 North Benson Avenue
Upland,California 91786-0460
"�; si Telephone (909) 291-2930
I
,, •
t ,)'!•* _. Facsimile (909) 291-2974
06/27/2024
City of Upland
Public Works
1370 N. Benson Avenue
Upland, CA 91786
Scope of Work
Introduction:

The City of Upland (City) has a Basin that needs to be kept clean,safe and visually appealing.The City is solicitating quotes for the work to be performed described in this scope of work.The quote should cover all labor,materials and equipment to perform the work described.

Project Location:

See attached exhibit showing the location of the Upland Basin that is along the south side of Arrow Route and the east side of Monte Vista Avenue.

Description of Work:

The purpose of this solicitation is to obtain the services of a firm able to perform weed abatement services.The City is requesting two quotes for the Upland Basin,one quote for quarterly service and the other for a yearly service.

Services to be performed:
- Remove any litter/trash on-site before the abatement begins. - Cutting down existing weeds throughout the site as close to existing grade as possible. - Green waste material resulting from the services performed can be left on site to decompose.
- Healthy native shrubs/ small trees to be left on site. - Herbicide spraying to the dirt areas shall take place after abatement of weeds has been completed.

Submittal of Quote:

All responses and questions pertaining to this solicitation can be emailed to:

Jose Aguilar
Assistant Engineer
City of Upland
Public Works Department
1370 N. Benson Avenue
Upland, CA 91786
[email protected]
(909) 291-2979
City of Upland
460 North Euclid Avenue,Upland,CA 91786-4732•(909)931-4100•Fax(909)931-4123•TDD(900)735-2929•wwmizaigedlaarinof 722

ØaØa
Norberto Ferreira /City of Upland -Operations Supervisor July 22, 2024 Jose Aguilar/Assistant Engineer
At HASA we manufacture our own products for treating Fresh Water,Wastewater Treatment, Cooling Towers, and recreational water. Our goal is to provide the best quality products safely and consistently to our customers in an effective and timely manner.We have been in business since 1964 based in Saugus, CA. and produce our products 24 hours prior to delivery.We will deliver products from our Pomona location. To specifically address our Quality Service standards,we have briefly addressed each commitment as it applies to HASA, Inc.'s product and safety standards for our customer base.

1. On-time deliveries:
a. HASA owns and operates its fleet of delivery vehicles and employs our own drivers.This allows us the flexibility to adjust to limitations that exist in external transportation market and utilize internal resources to ensure consistent and on-time deliveries to our customers. We are the only company that delivers our products via Mini-Bulk with a (2) man team,to ensure safe deliveries for our customers.

2. Timely response:
a. We have four dedicated facilities in both Southern California focused on supplying our customers with their water treatment chemical needs. With other sites in No.

CA.,Washington,Arizona, and Texas serving (11)states in the West. b. We maintain a personalized industrial account sales manager for each region dedicated to providing accurate, dependable, and expedient communication with our customers. As your representative, I am local in the market.

3. Quality as specified:
a. Our production facilities adhere to internal production standards that maintain consistent and uniform product quality standards.These internal production metrics conform with NSF 60 and AWWA B300 standards. Supporting documentation is included below.
b. HASA manufactures, ships,and delivers our products in a tight timeline to ensure product arrives to the customer in pristine condition.

4. Quality control
a. HASA, Inc. is the manufacturer of our water treatment chemicals we deliver.This allows us to tightly adhere to product quality standards described above.

5. Customer satisfaction
a. By emphasizing cooperative partnerships with our customers HASA, Inc.consistently strives to raise the level of our customer satisfaction.

We look forward to creating a long-term partnership with the City of Upland. If there are any specific questions or concerns, please contact me via email or by phone at 661-749-3698.

Phillip Flores
Industrial Sales, Southern California /CAil fg444
[email protected]
HASA,Inc.

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PAYMENT TERMS: Net 30 days Sales Representative:Phil Flores DEMURRAGE: 1 hrs free unload time/$17.50 p/quarter hr.thereafter Phone number: 661 749 3698 EMERGENCY FEE: $300.00+demurrage Email: phillipflores(r�hasapool.com RESTOCKING FEE: 25%,+Freight
Refundable Container Deposits Each
Four 1-Gallon Jugs&Crate $10.00
5-gallon $15.00
15-gallon $50.00
53-gallon drums $75.00
330-gallon totes $900.00
Pallets $20.00
Hasa Inc.- 23119 Drayton Street,Saugus,CA 91350-(661)259-5848-Fax(661)259-1538 Page 1313opft 722

Price Quote Oa
City of Upland Date: 7/22/2024 Contact: Jose Aguilar
Phone: 909-291-2979
e-mail: [email protected]
Effective Expiration Product Transportation Ship To Item Description Pkg Misc.Parts Price Date Date Code Surcharge Plant 7—1655 W. 17th Street 7/22/24 6/30/24 07001 HASA/Multi-Chlor Mini Bulk Per Gallon $2.88 0.05 Upland Treatment Plant CA.Pesticde Tax 2.45%per gal 0.07 2545 Mountain Lane We have guareented pricing for year one on 2 year deal. City Sales Tax 7.75% 0.22 Based on current market conditions we would present
pricing in April of 2025 for year two ensuring no greater increase of 5%with supporting documentation.Should $3.22 the market comannd a pricing adjustment.If not we hold
the current price for year two
Please visit hasapool.com to see our Terms and Conditions that apply to this Price Quote Submitted by: HASA Inc.

PAYMENT TERMS: Net 30 days Sales Representative:Phil Flores DEMURRAGE: 1 hrs free unload time/$17.50 p/quarter hr.thereafter Phone number: 661 749 3698 EMERGENCY FEE: $300.00+demurrage Email: [email protected] RESTOCKING FEE: 25%,+Freight
Refundable Container Deposits Each
Four 1-Gallon Jugs&Crate $10.00
5-gallon $15.00
15-gallon $50.00
53-gallon drums $75.00
Hasa Inc.- 23119 Drayton Street,Saugus,CA 91350-(661)259-5848-Fax(661)259-1538 Page 13f4A 722

a
HASA Inc.,23119 Drayton Street,Saugus,CA.91350 www.hasapool.com [email protected] Food and Drug Administration
(FDA) Letter of Guaranty

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a
, Inc.

February 27, 2023
Food and Drug Administration (FDA)
Letter of Guaranty
Hasa Inc. states that, as of the date of shipment, the product(s) hereafter listed, when used for intended use, are neither adulterated nor misbranded when shipped, within the meaning of the Federal Food, Drug and Cosmetic Act, as amended, or any substantially similar state or local law. Further, they comply with the provisions of 21 CFR §176.170 and §176.180.

We further guaranty that, as of the date of shipment, the products hereafter listed, when used for their intended use (a) are not "food additives" as defined in the Act because there is either no migration to the food being packaged or the substance is "generally recognized as safe" as defined in the Act, or (b) have either been approved for use without limitation or within approved limitations and under prescribed conditions as required by the Food Additives Amendment and the Regulations issued by the Food and Drug Administration (in such cases, the limitations and conditions are annexed hereto) and, where applicable, the products are within the extraction limitations of the appropriate test for paper and paperboard as prescribed in Part 176 of the Code of Federal Regulations.

The guaranty covers the following products according to the specific 21 CFR section, as noted:

PRODUCTS
HASA sodium hypochlorite products In compliance with FDA regulation We understand that the intended use of the above product(s) may be for food packaging.

This is a continuing guaranty and shall apply to each shipment made to you of such products until you receive written notification of termination. Upon termination, this guaranty shall apply to shipments made prior to your receipt of such termination notice.

Signature
Hasa,Inc. 23119 Drayton Street,Saugus, CA 91350 Phone:(661)259-5848 Fax:(661)259-1538

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H BQR
Affidavit of Compliance

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11) a el a
, Inc.

October 25, 2023
Affidavit of
Compliance
HASA Inc. hereby certifies that all sodium hypochlorite products manufactured by HASA Inc. are made in the U.S.A and meet the standards of the (AWWA) American Water Works Association. Including the following product brand name(s):

Hasachlor
Multi-chlor
HASA,Inc. 23119 Drayton Street,Saugus CA 91350 Phone: (661)259-5848 Fax:(661)259-1538 Page 138 of 722

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12.5% Sodium Hypochlorite o
co
Emergency 24 Hour Telephone: CHEMTREC 800.424.9300 Corporate Headquarters: Hasa Inc.

P.O. Box 802736
Santa Clarita, CA 91355
Telephone • 661.259.5848
Fax • 661.259.1538
SECTION 1: IDENTIFICATION

1.1 Product Identification:

1.1.1 Product Name: MULTI-CHLOR

1.1.2 CAS# (Chemical Abstracts 7681-52-9
Service):

1.1.3 RTECS (Registry of Toxic Effects NH3486300 of Chemical Substances):

1.1.4 EINECS (European Inventory of 231-668-3
Existing Commercial Substances):

1.1.5 EC Number: 231-668-3

1.1.6 Synonym: Bleach, Hypo, Hypochlorite, Liquid Chlorine Solution

1.1.7 Chemical Name: Sodium Hypochlorite

1.1.8 Chemical Formula: NaOCI

1.2 Recommended Uses: Dairy, food and beverage industries: Sanitizing processing equipment.

Water treatment chlorination.

1.3 Company Identification: Hasa Inc.

P. O. Box 802736
Santa Clarita, CA 91355

1.4 Emergency Telephone Number: CHEMTREC
1-800-424-9300
(24 hour Emergency Telephone)

1.5 Non-Emergency Assistance: 661-259-5848
(8 AM —5 PM PST/ PDT)
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SECTION 2: HAZARD(SM3ENTIFICATION w E
HEALTH HAZARD Skin corrosion / irritation: Category 1 cp C Serious Eye damage/ Eye Category 1 `< !—
Irritation o -1
Specific target organ toxicity, Category 3 (respiratory tract vp j„ single exposure irritation)
ENVIRONMENTAL Hazardous to the aquatic Category 1 ( _ HAZARD environment, acute hazard r
PHYSICAL HAZARD Corrosive to metals. Category 1 0 xi SYMBOLS W
0 rly
co
SIGNAL WORD DANGER
HAZARD May be corrosive to metals. Causes severe skin burns and eye STATEMENT damage. May cause respiratory irritation. Very toxic to aquatic life.

PRECAUTIONARY M_ Prevention _11 —
STATEMENT Wear protective gloves/protective clothing/eye protection/face protection. Do not breathe mist or vapor. Use only outdoors or in a well-ventilated area. Wash thoroughly after handling. Keep only in orig inal container. Avoid release to the environment.

Response
If swallowed: Rinse mouth. Do NOT induce vomiting.

If inhaled: Remove person to fresh air and keep comfortable for breathing.

If on skin (or hair): Take off immediately all contaminated clothing.

Rinse skin with water/shower. If in eyes: Rinse cautiously with water for several minutes. Remove contact lenses, if present and easy to do.

Continue rinsing. Immediately call a poison center/doctor. Wash contaminated clothing before reuse.

Absorb spillage to revent material damage. Collect s illage.

Storage and Disposal
Store in a well-ventilated place. Keep container tightly closed. Store locked up. Store in corrosive resistant container.

Dispose of container/contents in accordance with local, regional, I national, international regulations as specified.

SECTION 3: COMPOSITION INFORMATION ON INGREDIENTS
Ingredient Synonyms CAS No. Weight

3.1 Sodium Hypochlorite _ Bleach 7681-52-9 12.5%

3.2 Sodium Hydroxide Caustic Soda 1310-73-2 0.2% Revision Date: 07/01/2018 (Supersedes previous revisions) Page 2 of 10

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SECTION 4: FIRST AID MEASURES w E

4.1 IF IN EYES • Hold eye open and rinse slowly and gently with water for 15-20 minutes. 0 C • Remove contact lenses, if present, after the first 5 minutes, then continue `< !— rinsing eye. o —1
I •Call a poison control center or doctor for treatment advice. n

4.2 IF ON SKIN OR •Take off contaminated clothing.

CLOTHING • Rinse skin immediately with plenty of water for 15-20 minutes. ( _ •Call a poison control center or doctor for treatment advice. r

4.3 IF INHALED • Move person to fresh air. o xi • If person is not breathing, call 911 or an ambulance, then give artificial respiration, preferably mouth-to-mouth if possible. z 0 •Call a poison control center or doctor for further treatment advice.

4.4 IF •Call a poison control center or doctor immediately for treatment advice. c) SWALLOWED • Have person sip a glass of water if able to swallow. • Do not induce vomiting unless told to do so by a poison control center or doctor.
• Do not give anything by mouth to an unconscious person.

HOT LINE NUMBER
Have the product container or label with you when calling a poison control center or doctor, or going for treatment. You may also contact 1-800-424-9300 for emergency medical treatment information.

NOTE TO PHYSICIAN al
Probable mucosal damage may contraindicate the use of gastric lavage.

SECTION 5: FIRE FIGHTING MEASURES

5.1 Flash Point: Not applicable.

5.2 Flammability: Nonflammable and noncombustible.

5.3 Auto-Ignition Temperature: Not applicable.

5.4 Products of Combustion: Not pertinent.

5.5 Fire Hazards: May decompose, generating irritating chlorine gas.

5.6 Explosion Hazards: Not explosive.

5.7 Fire Fighting Media and Instructions:

5.7.1 Extinguishing Media: Water fog. Foam. Dry chemical powder. Carbon dioxide.

5.7.2 Small Fires: Use carbon dioxide, or water spray.

5.7.3 Large Fires: Use flooding quantities of water as fog.

5.8 Special Remarks on Fire Hazards: Do not use Mono Ammonium Phosphate (MAP) fire extinguishers. Such use may cause explosion with
release of toxic gases.

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SECTION 6: ACCIDENTAL RELEASE MEASURES

6.1 Small Spill: Wipe up with absorbent material (e.g. cloth, fleece). Clean surface cp C thoroughly to remove residual contamination. _ r

6.2 Large Spill: I Stop the flow of material, if this is without risk. Dike the spilled material, o -1 where this is possible. Absorb in vermiculite, dry sand or earth and place s into containers. Following product recovery, flush area with water. cn n Never return spills in original containers for re-use. For waste disposal, _ see Section 13 of the SDS. `'"2 r

6.3 Personal ' Keep unnecessary personnel away. Wear appropriate personal protective 113 0 Precautions, equipment. Do not touch damaged containers or spilled material unless 0 xi Protective wearing appropriate protective clothing. z Equipment & Absorb spillage to prevent material damage. Local authorities should be o Emergency advised if significant spillages cannot be contained. For personal o Procedures: protection, see Section 8 of the SDS. co

6.4 Environmental I Do not discharge into drains, water courses or onto the ground.

Precautions: Environmental manager must be informed of all major releases.

SECTION 7: HANDLING AND STORAGE

7.1 Handling: • Avoid contact with skin or eyes.
• Do not ingest.
• Avoid inhalation of vapor or mist.
• Wear protective equipment if necessary.
• Mix only with water in accordance with label directions. • Mixing this product with ammonia, acids, detergents, etc or with organic materials, e.g. feces, urine, etc. will release chlorine gas, which is irritating to eyes, lungs, and mucous membranes.

7.2 Hygiene • Wash thoroughly with soap and water after handling and before Measures: eating, drinking, chewing gum, using tobacco, or using the toilet. • While handling this product, avoid eating, drinking or smoking.

7.3 Storage: • Do not freeze.
• Store in a cool, shaded outdoor area.
• Inside storage should be in a cool, dry, well-ventilated area. • To maintain hypochlorite strength, do not store in direct or heated indoor areas.
• Keep in original vented container.
• Keep container closed when not in use.
• Do not store adjacent to chemicals that may react if spillage occurs. • If closed containers become heated, vent to release decomposition products (mainly oxygen under normal decomposition).

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SECTION 8: EXPOSURE CONTROLS / PERSONAL PROTECTION

8.1 Engineering Controls: Local exhaust ventilation to maintain levels below C STEL (Short Term Exposure Limit) of 1 ppm as !—
chlorine. 0 —1

8.2 Personal Protection:

8.2.1 Eye/ Face Protection: Wear safety glasses, goggles or face shield to u7 n prevent eye contact. _

8.2.2 Skin Protection: Wear appropriate chemical resistant protective ,--F '— clothing and chemical resistant gloves to prevent Vi
0 skin contact. Butyl rubber, Neoprene, or Nitrile
Gloves should be worn when handling this z
material. Wear chemical resistant clothing such P
as a rubber apron when splashing may occur. o
Rinse immediately if skin is contaminated. 00
Remove contaminated clothing promptly and
wash before reuse. Clean protective equipment
before reuse.

8.2.4 Other Safety Equipment: Eye wash facility and emergency shower should be in close proximity.

8.3 Exposure Limits: Sodium Hypochlorite Chlorine*

8.3.1 AIHA (American Industrial Hygiene 2 mg/m3: 15 minute. Not established Association) / WEEL (Workplace (Short-term time weighted Environmental Exposure Level average)
guides) 2010

8.3.2 ACGIH (American Conference of Not established. 0.5 ppm Governmental Industrial Hygienists)
TWA(Time Weighted Average)

8.3.3 ACGIH STEL (Short Term Not established. 1 ppm Exposure Limit)

8.3.4 OSHA PEL (Permisible Exposure Not established. 0.5 ppm Limit)

8.3.5 ACGIH Ceiling Not established. Not established

8.3.6 NIOSH (National Institute for Not established. 10 ppm Occupational Safety & Health) IDLH
(Immediate Danger to Life & Health)

8.3.7 OSHA STEL (Short Term Exposure Not established. 1 ppm as Cl2 Limit)

8.3.8 NIOSH (15 min. ceiling) Not established. 0.5 ppm *Chlorine is unlikely to be present as a decomposition product, but may be present in incidents of accidental mixing with other chemicals.

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, SECTION 9: PHYSICAL AND CHEMICAL

9.1 Appearance: 1 Greenish yellow liquid. cp C

9.2 Odor: Pungent. `< r

9.3 Odor Threshold: 0.9 mg/m3. _ o

9.4 pH: 11.2- 11.4 (1% solution) '

9.5 Melting Point: Not pertinent.

9.6 Freezing point: -23.3°C (-10°F) I

9.7 Boiling Point & Boiling Range: Decomposes @ 110°C (230°F) 113 0

9.8 Flash Point: No information available.

9.9 Evaporation Rate: No information available. cWi�

9.10 Flammability(solid, gas): Not flammable.

9.11 Upper/ Lower Flammability or No information available.

Explosive Limits:
co

9.12 Vapor Pressure: 12.1 mm Hg @ 20°C (68°F)

9.13 Vapor Density: 2.61 (air=1)

9.14 Relative Density(Specific 1.2 g/mL or 10 lb/gallon @ 20°C (68°F) Gravity):

9.15 Solubility in Water: Mixes infinitely with water.

9.16 Partition Coefficient: (n-octanol / No information available. water): _

9.17 Auto-ignition Temperature: No information available.

9.18 Decomposition Temperature: Decomposes @ 110°C (230°F)

9.19 Molecular Weight: 74.5 g/mole

9.20 Viscosity: 1.75 - 2.50 centipoises (varies with temperature) SECTION 10: STABILITY AND REACTIVITY

10.1 Stability: Stable under normal conditions of storage, handling, and use.

3.5. 10.3 Conditions of Instability: High heat, ultraviolet light.

10.4 Incompatibility with Oxidizing agents, acids, nitrogen containing organics, Various Substances: metals, iron, copper, nickel, cobalt, organic materials, and ammonia.

10.5 Corrosivity: Corrosive to metals.

10.6 Special Remarks on Rate of decomposition increases with heat.

Reactivity: May develop chlorine if mixed with acidic solutions.

10.7 Special Remarks on None.

Corrosivity:

10.8 Hazardous Will not occur.

Polymerization:

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SECTION 11: TOXICOLOGICAL INFORMATION

11.1 Routes of Entry: Eyes, skin, ingestion, dermal absorption. cp C

11.2 Acute Toxicity: ` 2 g/kg (rabbit)

11.2.3 Primary Eye Irritation: Corrosive n

11.2.4 Primary Skin Irritation: Corrosive _

11.2.5 Inhalation Toxicity (LC5o): No data available. a r

11.3 Chronic Effects (Human Risk Based on the toxicity profile and exposure scenarios 1130 Assessment): for sodium hypochlorite, EPA concludes that the risks w from chronic and subchronic exposure to low levels of z these pesticides are minimal and without P
consequence to human health. o

12.1 Ecotoxicity: Sodium hypochlorite is low in toxicity to avian wildlife, but it is highly toxic to freshwater fish and invertebrates.

12.1.1 Freshwater Atlantic Herring (clupea harengus) Fish LC5o= 0.033 - 0.097 mg//I/96 hr, flow through bioassay (pH: 8) Toxicity: Shiner Perch (cymatogaster aggregata)
LCso= 0.045- 0.098 mg/I/96 hr, flow through bioassay (pH: 8) Three Spine Stickleback (gasterosteus aculeatus)
LCso= 0.141 - 0.193 mg/I/96 hr, flow through bioassay (pH: 8) Pink Salmon (oncorhynchus gorbuscha)
LCso= 0.023 - 0.052 mg/I/96 hr, flow through bioassay (pH: 8) Coho Salmon (oncorhynchus kisutch)
LC5o= 0.026- 0.038 mg/I/96 hr, flow through bioassay (pH: 8) English Sole (parophrys vetulus)
LC50= 0.044- 0.144 mg/I/96 hr, flow through bioassay (pH: 8) Fat Head Minnow (pimephales promelas)
LC50= 0.22 - 0.62 mg/I/96 hr, flow through bioassay (pH: 7)

12.1.2 Invertebrate Water Flea(ceriodaphnia sp. 0)
Toxicity: LCso= 0.006 mg/I/24 hr
Water Flea(daphnia magna)
LCso= 0.07- 0.7 mg/I/24 hr
Water Flea(daphnia magna)
LCso=2.1 mg/I/96 hr
Fresh Water Shrimp (gammarus fasciatus)
LC5o= 0.4 mg/I/96 hr
No common name (nitocra spinipes)
LC5o= 0.40 mg/I/96 hr
Grass Shrimp (palaemonetes pugio)
LC5o= 0.52 mg/I/96 hr

12.2 Persistence: No data available.

12.4 Bioconcentration: This material is not expected to bioconcentrate in organisms.

12.5 Biodegradation: This material is inorganic and not subject to biodegradation.

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E
SECTION 13: DISPOSAL CONSIDERATIONS C
Do not contaminate food or feed by storage, disposal, or cleaning of equipment. Product or rinsates that cannot be used should be diluted with water before disposal in a sanitary sewer. o —1 This product can be neutralized with sodium bisulfite, sodium thiosulfate, sodium sulfite. Do not sp
confuse these products with sulfates or bisulfates. Do not discharge effluent containing this n product into lakes, streams, ponds, estuaries, oceans, or other waters unless in accordance with _ the requirements of a National Pollutant Discharge Elimination system (NPDES) permit and the a '— permitting authority has been notified in writing prior to discharge. Do not contaminate water 113 0 containing this product to sewer systems without previously notifying the local sewage treatment 0 xi plant authority. For guidance, contact your State Water Board or Regional Office of the EPA.

Dispose of in accordance with all applicable local, County, State, and Federal regulations. o SECTION 14: TRANSPORT INFORMATION co
Inside containers Container
( 1.3 gallons)

14.1 UN Number Limited Quantity UN 1791

14.2 UN Proper Shipping Name -- Hypochlorite Solutions (Sodium Hypochlorite)

14.3 Transport Hazard Class -- 8

14.4 Packing Group -- PG III

14.5 Environmental Hazard (e.g. Yes Yes
Marine Pollutant)

14.6 Reportable Quantity(RQ): 100 lb (45.4 kg) or 80 100 lb (45.4 kg) or 80 gallons (based on 12.5% gallons (based on 12.5%
active ingredient) active ingredient)

14.7 Materials of Trade (MOT) Exceptions.

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SECTION 15: REGULATORY INFORMATION

15.1 U.S. Regulations: cc, C

15.1.1 OSHA HAZCOM (Hazard This material is considered hazardous under the `< r Communication) HAZCOM Standard (29 CFR 1910.1200) 0 —1

15.1.2 OSHA PSM (Process Safety Not regulated under PSM Standard (29 CFR 1910.119) iv Management) U) n

15.1.3 EPA FIFRA (Federal EPA Reg. No. :10897-26 _ Insecticide, Fungicide and (Registered pesticide under 40 CFR 152.10) ar Rodenticide Act) 63 0

15.1.4 EPA TSCA (Toxic Substance All components are listed or exempted. 0 XI Control Act) TSCA 12(b): This product is not subject to export notification.

15.1.5 EPA CERCLA Reportable Quantity(RQ): 45.4 kg (100 Ibs) or 80 (Comprehensive Environmental gallons (based on 12.5% active ingredient). co
Response, Compensation, and
Liability Act)

15.1.6 EPA RMP (Risk Management Not listed. (40 CFR 68.130) Plan)

15.2 State of California Regulations:

15.2.1 Safe Drinking Water and Toxic Enforcement Act of 1986 [Proposition 65, California only]: This product is not subject to warning labeling under California Proposition 65.

15.2.2 CDPR (California Department of Pesticide Regulation) Registration No: 10897-26- AA

15.2.3 CaIARP (California Accidental Release Prevention Not regulated.

Program)

15.3 Canada Regulations:

15.3.1 1 WHMIS (Workplace Hazardous • Classification: E (Corrosive Materials) Materials Information System) • Health Effects Criteria Met by this Chemical:
• E - Corrosive to skin
• E - TDG class 8 - corrosive substance
• Ingredient Disclosure List: Included for disclosure at 1%or greater.

15.3.2 DSL (Domestic Substances List) All components of this product are on the DSL.

15.4 International Inventory:

15.4.1 AICS (Australian Inventory of Chemical On inventory or in compliance with Substances) inventory.

15.4.2 KECI (Korean Existing Chemicals Inventory) On inventory or in compliance with inventory.

15.4.3 PICCS (Philippine Inventory of Chemicals On inventory or in compliance with and Chemical Substances) inventory.

15.4.4 IECSC (Inventory of Existing Chemical On inventory or in compliance with Substances in China) inventory.

15.4.5 NZIoC (New Zealand Inventory of On inventory or in compliance with Chemicals) inventory.

Revision Date: 07/01/2018 (Supersedes previous revisions) Page 9 of 10

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SECTION 16: OTHER INFORMATION

16.1 HMIS III (Hazardous Materials Identification System): cp C

16.1.1 HEALTH 2 r

16.1.2 FLAMMABILITY 0 0 -1

16.1.3 PHYSICAL HAZARD 1
n

16.1.4 PERSONAL PROTECTION See Section 8.

16.2 NFPA 704 (National Fire Protection Association): a I-

16.2.1 HEALTH 2 C!3 0

16.2.2 FLAMMABILITY 0 '
0 0 xi

16.2.3 INSTABILITY 0 z

16.2.4 SPECIAL None
co

16.3 International Fire Code / International Irritant.

Building Code:

16.4 ANSI (American National Standards Institute):

16.4.1 Hazardous Industrial Chemicals- Complies with ANSI Z400.1 —2004.

SDS-Preparation:

16.4.2 Hazardous Industrial Chemicals - Complies with ANSI Z129.1 —2006.

Precautionary Labeling:

Revision Date: 07/01/2018 (Supersedes previous revisions) Page 10 of 10

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H BQR
NSF Product and Service Listings

Page 150 of 722 ends

0 The Public Health and Safety Organization
NSF Product and Service Listings
These NSF Official Listings are current as of Tuesday,January 23,2024 at 12:15 a.m.Eastern Time.Please contact NSF to confirm the status of any Listing, report errors, or make suggestions.

Alert:NSF is concerned about fraudulent downloading and manipulation ofwebsite text.Always confirm this information by clicking on the below link for the most accurate information:
httP-:1/info.nsf org/Certified/PwsChemicals/Listings.asP-?ComP-anY=OA68o&Standard-e6o& NSF/ANSI/CAN 60
Drinking Water Treatment Chemicals - Health Effects
Hasa Inc.
23119 Drayton Street
Saugus,CA 91350
United States
925-432-3866
Visit this comP-any'.'s website(httP-:// www.hasaP-ool.com)._ Facility : Eloy,AZ
Sodium Hypochlorite[HY]
Trade Designation Product Function Max Use Multi-Chlor Disinfection&Oxidation 84mg/L Multi-chlor 15.5% Disinfection&Oxidation 68mg/L [HY] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine dioxide, chlorate ion, chioramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Also, reference the AWWA B300 (Hypochlorites) standard's Recommendations for the Handling and Storage of Hypochlorite Solutions appendix for information on preservation techniques for hypochlorite bleach in transit and storage.

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Facility : Pittsburg, CA
Sodium Hypochlorite[HY]
Trade Designation Product Function Max Use

NOTE: Only products bearing the NSF Mark on the product, product packaging, and/or documentation shipped with the product are Certified.

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for hypochlorite bleach in transit and storage.

Facility : Saugus, CA
Sodium Hypochlorite[HY]
Trade Designation Product Function Max Use

12.5% Sodium Hypochlorite Solution Disinfection&Oxidation 84mg/L FRESHCHLOR Disinfection&Oxidation 84mg/L
HASACHLOR Disinfection&Oxidation 84mg/L Hasa 15.5% Sodium Hypochlorite Solution Disinfection& Oxidation 68mg/L Hasa Bleach 5.25% Disinfection & Oxidation 200mg/L MULTI-CHLOR Disinfection& Oxidation 84mg/L
Multi-chlor 15.5% Disinfection&Oxidation 68mg/L [HY] The residual levels of chlorine (hypochlorite ion and hypochlorous acid) , chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Also, reference the AWWA 8300 (Hypochlorites) standard's Recommendations for the Handling and Storage of Hypochlorite Solutions appendix for information on preservation techniques for hypochlorite bleach in transit and storage.

NOTE: Only products bearing the NSF Mark on the product, product packaging, and/or documentation shipped with the product are Certified.

Page 153 of 722 ends

NOTE: Only products bearing the NSF Mark on the product, product p\ckaging, and/or documentation shipped with the product are Certified.

Facility : Longview, WA
Sodium Hypochlorite[HY]
Trade Designation Product Function Max Use

12.5% Sodium Hypochlorite Solution Disinfection&Oxidation 84mg/L FRESHCHLOR Disinfection & Oxidation 84mg/L HASACHLOR Disinfection & Oxidation 84mg/L Hasa 15.5% Sodium Hypochlorite Solution Disinfection& Oxidation 68mg/L Hasa Bleach 5.25% Disinfection& Oxidation 200mg/L MULTI-CHLOR Disinfection& Oxidation 84mg/L
Multi-chlor 15.5% Disinfection &Oxidation 68mg/L [HY] The residual levels of chlorine (hypochlorite ion and hypochlorous acid) , chlorine dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the finished drinking water to ensure compliance to all applicable regulations. Also, reference the AWWA B300 (Hypochlorites) standard's Recommendations for the Handling and Storage of Hypochlorite Solutions appendix for information on preservation techniques for hypochlorite bleach in transit and storage.

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NOTE: Only products bearing the NSF Mark on the product, product packaging, and/or documentation shipped with the product are Certified.

Number of matching Manufacturers is 1
Number of matching Products is 30
Processing time was o seconds

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pF UPL
-r'`_q$
k6L14 t 'Y}+a.V4 CALIFORNIA LEVINE ACT DISCLOSURE STATEMENT tls•ti@
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?
EYES If yes, please identify the Council Member(s): N/A X 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): N/A X 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. 08/02/2024 ken het/4
Ken Ward(Aug 2,202411:53 PDT)
Date Signature of authorized individual
HASA Inc. Ken Ward/CFO
Company/Applicant Name
(Levine Act definitions on reverse side)

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..t �pl"� CITY FU P LA N D
"The City of Gracious Living"
Stafif(kr
C�tIFOB�S
DATE: September 9,2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:CHRIS ALANIS,INTERIM PUBLIC WORKS DIRECTOR

TANYA GARCIA,MANAGEMENT ANALYST
SUBJECT: CONSIDER ADOPTING RESOLUTION AUTHORIZING THE SUBMISSION OF

HOUSEHOLD HAZARDOUS WASTE GRANT APPLICATIONS TO CALRECYCLE RECOMMENDED ACTION:

It is recommended that the City Council approve and authorize the submission of a grant application to the California Department of Resource Recycling and Recovery(CalRecycle) for the Small and Large Project discretionary fund Grants starting with HD43 Cycle and any future Cycles; and adopt a Resolution, as required by CalRecycle, authorizing the submittal of Household Hazardous Waste applications to the Department of resources Recycling and Recovery.

GOAL STATEMENT
The proposed action supports the City's goal to actively pursue all grant funding opportunities.

BACKGROUND
CalRecycle annually offers funding opportunities to assist public and private entities in the safe and effective management of the Household Hazardous Waste (HHW)program. This program provides comprehensive services, including the collection,packaging,transportation,re-use,recycling,and environmentally safe disposal of hazardous waste.

The HHW Section plays a critical role in managing household hazardous wastes at the local level. In the County of San Bernardino, twenty-two cities and two towns contract with the San Bernardino County Fire Department for household hazardous waste management. Additionally, Upland is one of the fourteen sites that collect household hazardous waste,which requires ongoing maintenance.

Funding from these grants is specifically allocated for small or large projects that aim to improve an HHW facility, purchase equipment or supplies,and benefit the operation and the community.The Oil Payment Program(OPP)grant is earmarked for advertising and conducting events to promote the proper recycling and disposal of used oil and oil filters.No matching funds are required for these grants,and all costs must be incurred within the identified program term: one year for OPP funds, two years for small projects, and three years for large projects. CalRecycle will determine funding eligibility based on the competition of projects submitted statewide.

ISSUES AND ANALYSIS
The CalRecycle Discretionary Fund Grants and Oil Payment Program Grants are available annually. The HHW Section applies for these funds each year to expand and improve operations. There are three types of grants: one for small projects, which provides up to $50,000; one for large projects, which provides up to $250,000, depending on the project and funding needs; and the Oil Payment Program,which supports education on the proper recycling and disposal of used oil and oil filters.The grant application window is narrow,with all paperwork needing to be submitted within a month of the opening date.

This item seeks the City Council's approval of discretionary fund grant application(s)/agreement(s)in the name of the City of Upland for Fiscal Year 2024-25(HD43)and succeeding cycles in the HD Discretionary Fund Grants for small and large projects,as well as for the Oil Payment Program Grant Cycle 13 and subsequent cycles, as specified in the Resolution.The City Council is also requested to adopt a resolution that authorizes the City of Upland to apply for the CalRecycle grants and empowers the City Manager, or designee, to execute and submit the necessary payment program applications.

Page 157 of 722 ends

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

FISCAL IMPACTS
There is no fiscal impact. If the City of Upland is successful with the application,a future item will be submitted to the City Council for acceptance of grant funds.The grants awarded will be used to improve and expand the Household Hazardous Waste (HHW) operations in Upland. Revenue and appropriation related to the grant awards will be included in a future quarterly budget report for approval by the City Council.

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

Page 158 of 722 ends

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UPLAND, CALIFORNIA AUTHORIZING THE SUBMITTAL OF

HOUSEHOLD HAZARDOUS WASTE APPLICATIONS TO THE

DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY
(CALRECYCLE)
WHEREAS, Public Resources Code sections 48690 et seq. authorize the Department of Resources Recycling and Recovery ("CalRecycle"), formerly known as the California Integrated Waste Management Board, to make payments to qualifying jurisdictions for collection and management of Household Hazardous Waste PRC§ 25218; and
WHEREAS, in furtherance of this authority CalRecycle is required to establish procedures governing the administration of the Used Oil Payment Program; and WHEREAS, CalRecycle's procedures for administering the Used Oil Payment Program require, among other things, an applicant's governing body to declare by resolution certain authorizations related to the administration of the Used Oil Payment Program.

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

Section 1. The City Council authorizes the submittal of applications for the collection and management of Household Hazardous Waste to CalRecycle; and.

Section 2. The City Manager, or his/her designee, is hereby authorized and empowered to execute in the name of the City of Upland all documents, including but not limited to, applications, agreements, annual reports including expenditure reports and amendments necessary to secure said payments to support the collection and management of Household Hazardous Waste Program; and
Section 3. This authorization is effective until rescinded by the City Council.

Section 4. 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 5. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

Page 159 of 722 ends

Resolution No.

Page 2 ends

Section 6. Effective Date. This Resolution shall become effective immediately.

PASSED, APPROVED and ADOPTED this 9th day of September 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 9th day of September, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

Page 160 of 722 ends

Cal Recycle 2 Grants Management System(GMS)
Application Certification
Application Information
Applicant: City of Upland
Cyde Name: Household Hazardous Waste Discretionary Grants Application Due Date: 08/20/2024 Cyde Code: HD43 Secondary Due Date: 09202024 Grant ID: 29075
Grant Funds Requested: $50,000.00
Matching Funds: $0.00(if applicable)
Contacts
Name Title Prime Second Auth Cnslt Prtcpnt.

Auth
Tanya Garcia Management Analyst
Stephen Parker Assistant City Manager X
Budget
Category Name Amount
Admin and Personnel Costs $5,000.00
Collection $0.00
Education $6,000.00
Equipment $32,000.00
Training $0.00
Upgrade/Expansion $7,000.00
Site Information
Name Type
Upland Household Hazardous Waste Collection HHW Facility Documents Document Title Received Date
Required
Application Certification
Budget Budget 8/20/2024
Narrative Proposal Narrative Proposal 8/20/2024 Work Plan Work Plan 8/20/2024
Required By Secondary Due Date
Resolution-Lead Participant
Other Supporting Document(s)
Joint Powers Agreement
Letter of Authorization/Resolution
Letter of Designation
https://secure.calrecycle.ca.gov/Grants/Grant/Grantaspx?GrantID=29075 Date Generated:August 20,2024 6:20 AM Page 1 of 2

Page 161 of 722 ends

Application Certification
Resolution
Check the following,as applicable.See Application Guidelines and Instructions for more information and examples.

X Applicant acknowledges that its approved Resolution must be uploaded no later than the secondary due date.Applicant further acknowledges that if its Resolution is received after this date,its application will be disqualified.

EPPP
Does your organization and any participants have an Environmentally Preferable Purchasing and Practices(EPPP)Policy? X No,our organization and any participants do not have an EPPP Policy.We acknowledge that our organization and any participants will adopt one by the respective cycle secondary due date or our application will be disqualified.

Program Questions
California Labor Code section 1782 prohibits a charter city from receiving state funding or financial assistance for construction projects if that charter city does not comply with Labor Code sections 1770-1782. If any applicants or participating jurisdictions are charter cities or joint powers authorities that include charter cities,the lead applicant must certify that Labor Code section 1782 does not prohibit any included charter city from receiving state funds for the project described in this application. If it is determined after award that a participating jurisdiction is a charter city prohibited from receiving state funds for this grant project,the grant will be terminated and any disbursed grant funds shall be returned to CalRecyde.

If any applicant or participating jurisdiction is a charter city or a joint powers authority that contains one or more charter cities,does Labor Code section 1782 prohibit those charter cities from receiving state funding for the project described in this grant application? Check the following,as applicable.

X Not Applicable.This application does not include any charter cities.

Conditions and Certification
Condition of Application Submittal: Acceptance of Grant Agreement Provisions In the event the Applicant is awarded a grant,the submittal of this Application constitutes acceptance of all provisions contained in the Grant Agreement,which may consist of the following:
• Executed Grant Agreement Cover Sheet and any approved amendments • Exhibit A-Terms and Conditions
• Exhibit B-Procedures and Requirements
• Exhibit C-Application with revisions,if any,and any amendments Environmental Justice:

In the event Applicant is awarded a grant,submittal of this Application constitutes acceptance of the following;that in the performance of the Grant Agreement,Applicant/Grantee shall conduct their programs,policies,and activities that substantially affect human health or the environment in a manner that ensures the fair treatment of people of all races,cultures,and income levels,including minority populations and low-income populations of the State.(see Govt.Code§65040.12(e)and Pub.Resources Code§71110(a)) Certification:

I declare under penalty of perjury under the laws of the State of California,that funds have been allocated for the project(s)/activities identified in the grant application and that sufficient funds are available to complete the project(s)/activities identified in the grant application,that I have read the Application Guidelines and Instructions and that all information submitted for CalRecyde's consideration for award of grant funds is true and correct to the best of my knowledge,and that on behalf of the Applicant I accept the above condition of sub - al.

X !f, , ry L g61 $'a.vl?H
Signature of Signature Authority(as authorized in Resolution or Letter of Date Commitment)or Authorized Designee(as authorized in Letter of Designation, submitted with this Application) /�
�j"1 -1504 /t 4 l.r 1 M larva Lr Print Name
Print Title
IMPORTANT! Applicant must print out this document,have the Signature Authority sign it,upload signed document to the application system,and retain the original hard copy document in your cycle file. https://secure.calrecyde.ca.gov/Grants/Grant/Grant.aspx?GrantlD=29075 Date Generated:August 20,2024 6:20 AM Page 2 of 2

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..t �pl"� CITY FU P LA N D
"The City of Gracious Living"
Stafif(krctill
C�tIFOB�S
DATE: September 23,2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:CHRIS ALANIS,PUBLIC WORKS DIRECTOR

JOSE REYES,LEAD EQUIPMENT MECHANIC
SUBJECT: CONSIDER APPROVAL OF THE PURCHASE OF HYDRO EXCAVATOR WATER TRUCK RECOMMENDED ACTION:

It is recommended that the City Council approve the purchase of a new 2024 Truvac Hydro-Excavator Water Truck with a 12 cubic yard debris tank from Haaker Equipment Company in the amount of$704,008.33;and authorize the City Manager to finalize the purchase of the vehicle.

GOAL STATEMENT
The proposed action supports the City's goal of long-term City-wide fleet replacement and modernization.

BACKGROUND
Sourcewell, formally known as the National Joint Powers Alliance (NJPA), is a self-sustaining government organization with over 40 years of service helping government, education, and nonprofit agencies operate more efficiently by providing Contract Purchasing solutions through Cooperative Purchasing. Cooperative purchasing is "procurement conducted by,or on behalf of,one or more Public Procurement Units"as defined by the American Bar Association Model Procurement Code for State and Local Governments. This arrangement allows multiple agencies to combine their buying requirements onto a single contract and aggregate volume to enhance purchasing power.

Participants can negotiate lower prices,reduce their time spent in procurement and contracting,and benefit from more favorable terms and conditions.

Participation in Sourcewell is available at no cost,no obligation, and no liability to public agencies, school districts, state colleges, universities, and local governments. Sourcewell follows the competitive contracting law process to solicit, evaluate and award cooperative purchasing contracts for goods and services. Sourcewell saves purchasers money by offering better pricing,less time is spent reviewing bids and it combines the purchasing power of more than 50,000 organizations. The City of Upland is a Sourcewell Member. This procurement process meets the state of California's Cooperative Purchasing Code 6500&6502,and Upland Municipal Code section 2.48.080,allowing the City to dispense with the bidding procedures when purchasing is beneficial to the interest of the City and from suppliers who has been awarded a contract resulting from a formal competitive bidding process by another governmental agency.

ISSUES AND ANALYSIS
In the Fiscal Year 2024-25 budget,the City Council approved funds for the purchase of a new Hydro-Excavator Water Truck. The Public Works Water Department is requesting the purchase of new equipment to aide in its operations of repairing and installing the City's water lines.

The Public Works Fleet Maintenance department requested a bid quote from Haaker Equipment Company,who was awarded a Sourcewell Agreement (Contract No. 101221-VTR) for the purchase of one (1) 2024 Truvac Hydro- Excavator Water Truck.

ENVIRONMENTAL DETERMINATION
The action being considered does not constitute a "project" within the meaning of the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines section 15378(b)(5) because the activity includes the administrative activity of purchasing maintenance equipment that will not result in direct or indirect changes in the environment. Further, future use of the equipment is expected to be Categorically exempt from CEQA pursuant to

Page 163 of 722 ends

Article 19, Section 15301,Existing Facilities,Class 1 (a),of the CEQA Guidelines,since the use of the equipment is anticipated to include maintenance of existing water infrastructure.

FISCAL IMPACTS
The fiscal impact of this action is the purchase of one(1)Truvac Hydro-Excavator Water Truck with$704,008.33 in funds available in Account No. 6406206-5531.

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

Page 164 of 722 ends

i
AAKER
I

EQUIPMENT COMPANY
2070 NORTH WHITE AVENUE, LA VERNE, CALIFORNIA 91750
(909) 598-2706 — HAAKER.COM
Sourcewell Ell
QUOTE
JULY 26, 2024
I.Q. CITY OF UPLAND ATTN: MR. Marc Warner 1370 NORTH BENSON AVENUE (909) 931-4254
UPLAND, CA 91786 EMAIL: [email protected] In Accordance With Your Request,We Are Pleased To Submit The Following Proposal For Your Consideration And Approval Based On The Sourcewell Cooperative Purchasing Agreement- Contract #101221-VTR.

ONE (1) NEW TRUVAC HYDRO-EXCAVATOR (83313-1)
12 Cubic Yard Debris, 1200 Gallons Water with Roots 824RCS 18" Blower, Mounted on a 2024 Kenworth T480 8x4 Chassis, 370 HP,Allison Auto Transmission,with air brakes. Includes the following Standard and Optional Equipment:

STANDARD FEATURES INCLUDED:

O DIG RIGHT TECHNOLOGY O ISO 46 HYDRAULIC OIL O WATER SYSTEM DIGGING WAND PACKAGE I CYLINDRICAL DESIGNED DEBRIS BODY,1/4" O HANDGUN HOSE 3/8"X 75'W/OPERATING O ALUM.HYD.OIL TANK W/SIGHT GAUGE EX-TEN STEEL PRESSURE OF 3500 PSI O ENTIRE ELECTRICAL SYSTEM MOISTURE AND O FLAT STYLE,3/4 REAR DOOR O ULTRA QUIET INLET AND OUTLET VAPOR SEALED W/REPLACEABLE NEOPRENE SEAL SILENCERS ACOUSTICALLY MATCHED TO O TOW HOOKS FRONT AND REAR O HYDRAULIC REAR DOOR LOCKING SYSTEM BLOWER O MUD FLAPS I HYDRAULIC REAR DOOR OPEN/CLOSE 0 DIRECT DRIVE OMSI TRANSFER CASE W/AIR O ELECTRONIC BACK-UP ALARM SYSTEM SHIFT O FENDERS
O 8"INSPECTION PORT W/LADDER ACCESS 0 SINGLE CYCLONIC SEPARATOR W/14" O MANUAL HAND PUMP FOR BOOM O REAR DOOR SUPPORT FOR OPERATOR CLEANOUT DOOR HYDRAULIC OVERRIDE SAFETY 0 MICRO STRAINER FINAL FILTER W/3" O GROUNDING CABLE TO TIE DEBRIS BODY, O DOUBLE ACTING DUMP HOIST CYLINDER CAMLOC DRAIN SUB FRAME,AND CHASSIS O DUAL AIR PORTS W/DUAL 10"STAINLESS 08"VACUUM RELIEF LOCATED IN THE INLET O WIRELESS WRIST STRAP EMERGENCY STOP STEEL FLOAT BALLS OF DEBRIS TANK. W/DIG LANCE TETHER O 1200 GALLON INSULATED POLYPROPYLENE 0 WIRELESS REMOTE CONTROL FOR BOOM O FACTORY TRAINING AND START-UP WATER TANK W/WATER PUMP CONTROL,THROTTLE, O CAMERA SYSTEM,REAR ONLY I WATER TANK SEPARATE FROM DEBRIS VACUUM RELIEF&E-STOP.-HAND-HELD O 6"REAR DOOR KNIFE VALVE W/CAMLOC, TANK 0 CONTROL PANEL LOCATED INSIDE AN 6:00 POSITION I WATER TANK FILL W/25'WATER HOSE AND ALUMINUM BOX FOR PROTECTION 0 REAR DOOR SPLASH SHIELD CONNECTORS 08"I.D WIRE REINFORCED RUBBER SUCTION 0 REMOTE CORDED PENDANT I WATER LEVEL SIGHT GAUGE,MARK-V HOSE 0(2)SINGLE JET DIGGING NOZZLES ELECTRONIC LOW WATER WARNING 0 ELECTRIC-OVER-HYDRAULIC BOOM W/CARBIDE INSERTS AND(1)3 JET DIGGING SYSTEM O HYDRAULICALLY POWERED NOZZLES WITH STAINLESS STEEL INSERTS 15 YEAR WARRANTY AGAINST LEAKS UP/DOWN/LEFT/RIGHT/EXTEND/RETRACT AND FLOW STRAIGHTENER TO BE SUPPLIED O HYDRAULIC OPERATED TRI-PLEX PISTON BOOM O LED LIGHTS,CLEARANCE,STOP,TAIL,TURN, WATER PUMP 0 BOOM CONTROL LOCATED AT CONTROL BACKUP I WATER PUMP ON/OFF LOCATED ON PANEL AND HANDHELD WIRELESS CONTROL 0(1)50"X 30"X 30"ALUMINUM TOOLBOX

WIRELESS CONTROL AND CONTROL BOX O ALL BOOM INLET HOSE AND TUBING WILL LOCATED BEHIND CAB FOR WATER PUMP I VARIABLE PRESSURE AND FLOW ACHIEVED BE 8"INSIDE DIAMETER AND/OR HOSE REEL.

BY ELECTRONIC-OVER-HYDRAULIC O 8"VACUUM PIPE PACKAGE WITH 8"DIG O TOOLBOX,PASSENGER SIDE SUBFRAME IN CONTROLS @ OPERATORS STATION TUBE LIEU OF TOOL TRAY,104W X 24H X 22D

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ADDITIONAL FEATURES INCLUDED
O WATER SYSTEM RATING IS 20 GPM @ O DEBRIS BODY VIBRATOR,ELECTRIC O WHEEL CHOCK AND HOLDERS-2 3000 PSI O AIR EXCAVATION PACKAGE,185 CHOCKS STORED EACH SIDE O WIRELESS REMOTE CONTROL FOR CFM/150 PSI O MODULE PAINT,DUPONT IMRON BODY FUNCTIONS-HAND-HELD O WORK LIGHTS(2),BOOM ELITE-SANDED PRIMER BASE O 7'TELESCOPIC BOOM,320 DEG. O WORK ZONE LIGHTING,(8)LED O TRUVAC LOGOS-APPLIED ROTATION WITH REMOVABLE TURRET LIGHTS O EXTENDED FACTORY WARRANTY- BOX O TOOLBOX,PASSENGER SIDE BEHIND 3YRS
O 8"DIG TUBE HANDLE ASSEMBLY TANDEM,18W X 48H X 24D O TRUVAC MANUAL,PARTIAL MANUAL O DEBRIS BODY LOAD LIMIT ALARM O TOOLBOX,DRIVER SIDE BEHIND AND USB VERSION O CYCLONE DRAIN VALVE TANDEM,18W X 48H X 24D O LIGHT PACKAGE:LIGHT BAR,(6) O FOLDING PIPE RACK,CURBSIDE O TOOLBOX,DRIVER SIDE SUBFRAME IN STROBES,TRAFFIC ADVISOR O FOLDING PIPE RACK,STREETSIDE LIEU OF TOOL TRAY,104W X 24H X O EXTRA LIGHT PACKAGE,JACK O FOLDING PIPE RACK,REAR DOOR 22D HAMMER HOLDER O LUBE MANIFOLD O BEHIND CAB TOOLBOX,16W X 18H X O PLASTIC LUBE CHART 92D
UNIT PRICE $ 666,070.00
SOURCEWELL DISCOUNT (-$12,698.00)
SOURCEWELL SUBTOTAL $ 653,372.00
SALES TAX (7.75%) $ 50,636.33
UNIT PRICE: FOB UPLAND, CA: $ 704,008.33

THE PROPERTY HEREIN IS GUARANTEED BY MANUFACTURER'S WARRANTY ONLY AND SELLER MAKES NO

WARRANTY EXPRESSED OR IMPLIED,OF MERCHANTABILITY OR OTHERWISE,OR OF FITNESS FOR ANY PARTICULAR PURPOSE,THAT EXTENDS BEYOND THE ABOVE DESCRIPTION OF THE EQUIPMENT.

NOTE: Price is good for 15 Days. Cost increases due to the addition of Government mandated safety or environmental devices incurred after the date of this proposal, will be charged to you at our cost. Proof of such costs, if any, will be documented.

TAXES: Any sales tax shown is subject to change. Sales tax will be calculated and charged based on current rates for the location of the sale at time of invoice. FEDERAL EXCISE TAXES, if applicable,will require payment unless a properly executed Exemption Certificate is submitted.

DELIVERY: 30-60 Days TERMS: Net Terms or Approved Financing We appreciate the opportunity to present this proposal and look forward to being of further and continued service.

HAAKER EQUIPMENT COMPANY ACCEPTED BY:

BY: Ge,o-r e/ LO-pel' DATE:

GEORGE LOPEZ

SALES REPRESENTATIVE

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4,c trpl CITY
UPLAND
„.;
"The City of Gracious Living"
Staff(krctilt
C�tIFOB�S
DATE: September 23,2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:CHRIS ALANIS,INTERIM PUBLIC WORKS DIRECTOR

JOSE REYES,LEAD EQUIPMENT MECHANIC
SUBJECT: CONSIDER APPROVAL OF THE PURCHASE OF PUBLIC WORKS OPERATIONS AND

WATER VEHICLES
RECOMMENDED ACTION:

It is recommended that the City Council: 1) deem the bid received by MK Smith Chevrolet as non-responsive; 2) approve the purchase of two (2) 2024 Public Works Operations Chevrolet Colorado trucks and two (2) Water Department Chevrolet Colorado trucks from Mountain View Chevrolet in the amount of$151,832.36;and 3)authorize the City Manager to execute all necessary documents for the purchase of the vehicles.

GOAL STATEMENT
The proposed action supports the City's goal of the ongoing long-term City-wide fleet replacement and modernization program.

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

ISSUES AND ANALYSIS
On August 1,2024,the Public Works Fleet Division sent out a bid request to four dealerships,three(3)local and one (1)wholesale. Bids closed on August 15,2024, and the Fleet Maintenance Division received three bid packets, one from each of the following dealerships: MK Smith Chevrolet,Mountain View Chevrolet, and Penske Chevrolet(bid sheet attached). The lowest bidder, MK Smith Chevrolet, is not able to fill the order so staff will be going with the next lowest bidder,Mountain View Chevrolet, for this purchase.

FISCAL IMPACTS
The total cost to purchase the vehicles is $151,832.36. There are available funds for the two (2) Public Works Chevrolet Colorado trucks in Account No.6406205-5531 ($75,916.18)and for the two(2)Water Chevrolet Colorado trucks in Account No.7525401-5531 ($75,916.18).

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

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BID OPENING LOG SHEET
VENDOR SIGN IN BID#2025-06 I

1. PACIFIC AUTO SALES EMAILED ON 08/01/2024
356 E FOOTHILL BLVD
UPLAND CA 91786 [email protected]

RICHARD MAYO
2 PENSKE CHEVROLET [MAILED ON 08/01/24 116t4 Cittl 1 S- 10907 E 183RD STREET
CERRITOS CA. 90703 [email protected]

ROBERT BAUER
3 MK SMITH CHEVROLET [MAILED ON 08/01/24 i(12,vt(p-i 21 12845 CENTRAL AVE
CHINO, CA 91710 [email protected]
909-743-5697

GERARD BAUTISTA
4 MOUNTAIN VIEW CHEVROLET IEMAILED ON 8/01/2024 1-51 i 9 tQ2.ib 1079 W FOOTHILL BLVD
UPLAND,CA. 91786

BILL SMITH
[email protected]

Page 168 of 722 ends

4��a �p19� CITY UPLAND
�5, _�� "The City of Gracious Living"
C,,tIFOB,S
'• Stafif(krctilt
DATE: September 23,2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:CHRIS ALANIS,INTERIM PUBLIC WORKS DIRECTOR

RICHARD SMIDERLE,OPERATIONS MANAGER
SUBJECT: CONSIDER APPROVAL OF A MAINTENANCE SERVICES AGREEMENT FOR

ON-CALL STRIPING SERVICES
RECOMMENDED ACTION:

It is recommended that the City Council approve a Maintenance Services Agreement with Safe USA,Inc for On-Call Striping Services Agreement;and authorize the City Manager to execute the agreement.

GOAL STATEMENT
The proposed action supports the City's goal of providing a high quality of life by assuring that all the City's crosswalks, centerlines,pavement markings, stop bar/limit lines, ADA compliant parking stalls and routine striping special projects/repairs are restored as soon as feasibly possible to proper right-of-way conditions.

BACKGROUND
The City of Upland has 200 miles of roadways that contain variations of striping and pavement markings. Striping maintenance tasks also include the following, double yellow center lines, left edge lines, right edge lines,bike lane lines, channelizing lanes and installation of ADA compliant van accessible parking stalls, which the Operations Division performs and/or oversees the routine maintenance of all aforementioned related items. Public Works Operations Division receives frequent requests for assistance each year from interdepartmental divisions such as Engineering Capital Improvements and Land Development&Transportation Divisions.

The On-Call Striping Services Contract will augment the in-house staff operations and benefit our striping,painting, pavement marking and routine striping special project maintenance program. This will offer the option for more efficient and effective striping repairs throughout the city and will also provide the flexibility of utilizing the contractor for striping special project services on an as-needed basis,benefiting our overall maintenance program.

ISSUES AND ANALYSIS
Staff prepared an On-Call Striping Services request for proposals (RFP), seeking the services of a striping/painting repair contractor who specializes in providing striping repairs, and miscellaneous services billed on a line- item/quantity basis. On May 3,2024,the RFP for On-Call Striping Services went out to qualified Contractors asking bidders to provide a line-item quote. On June 4, 2024, two (2) proposals were received from striping contractors.

Staff analyzed the bid information and confirmed that Safe USA,Inc. offered more competitive pricing on 16 out of the 30 total line items. As a result, the City confirmed that Safe USA, Inc. is the lowest responsible and responsive bidder.

If approved,the initial term of this agreement would be for two(2)years and three(3)optional one-year extensions.

BIDDER LOWEST BID ITEMS
Safe USA,Inc. 16 of 30
WGJ 14 of 30

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 CEQA Guidelines. The project involves repair,maintenance, and retrofit of existing public facilities, and does not involve any expansion of use beyond that which is existing.

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FISCAL IMPACTS
The total annual compensation shall vary, subject to on-call routine services and additional extra work. The adopted Fiscal Year 2024-25—2025-26 biennial budget includes funds available in the Gas Tax Capital Improvement Projects Account No.2047500-5540-70020.

ALTERNATIVES
Provide alternative direction to staff.

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

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CITY OF UPLAND

MAINTENANCE SERVICES AGREEMENT

ON-CALL STRIPING SERVICES

1. PARTIES AND DATE.

This Agreement is made and entered into this 23rd day of September 2024 by and between the City of Upland, a general law city and municipal corporation organized under the laws of the State of California with its principal place of business at 460 N. Euclid Avenue, Upland, CA 91786("City")and Safe USA, Inc., a California Corporation, with its principal place of business at 1030 N. Mountain Avenue #180, Ontario, CA. 91762 ("Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.

2. RECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement.

Contractor represents that it is experienced in providing On-Call Striping Services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City.

Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

2.2 Project.

City desires to engage Contractor to render such services for the On-Call Striping Services Project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional On-Call Striping Services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state, and federal laws, rules, and regulations.

3.1.2 Term. The term of this Agreement shall be from October 1, 2024, to June 30, 2026, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew / extend this Agreement automatically for no more than three (3) additional one-year (1) terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. - 1 -

Page 171 of 722 ends

3.2 Responsibilities of Contractor.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods, and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.

Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.2.1.1 PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System ("PERS") to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.

3.2.4 City's Representative. The City hereby designates Public Works Director, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee.

3.2.5 Contractor's Representative. Contractor hereby designates the Project Manager, or his or her designee, to act as its representative for the performance of this Agreement (such as "Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor's Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
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3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants, and other staff at all reasonable times.

3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees, and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.8 Period of Performance. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above ("Performance Time").

3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City's decision, Contractor shall have such remedies as may be provided by law.

3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules, and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours' labor shall constitute a legal day's work, and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify, and hold City, its officials, directors, officers, employees, and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules, or regulations. - 3 -

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3.2.10.1 Employment Eligibility; Contractor. By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor.

Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor's compliance with the requirements provided for in Section 3.2.10 or any of its sub- sections.

3.2.10.2 Employment Eligibility; Subcontractors, Sub-subcontractors, and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.

3.2.10.3 Employment Eligibility: Failure to Comply. Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

3.2.10.4 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services.

3.2.10.5 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination.

3.2.10.6 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements' application to "portable equipment", which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for -4 -

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violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.2.10.7 Water Quality.
(A) Management and Compliance. To the extent applicable, Contractor's Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City's ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.
(B) Liability for Non-Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor's non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees, and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph.

3.2.11 Insurance.

3.2.11.1 Time for Compliance. Contractor shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Section.

3.2.11.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees, or subcontractors.

Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
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(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1)General Liability: One million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: One million dollars ($1,000,000) per accident for bodily injury and property damage. (3) Worker's Compensation as required by the State of Califorrili:1;•Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. (4) Professional Liability coverage: Two million ($2,000,000) per claim and in aggregate. (C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement. (D) Additional Insured. The City of Upland, its directors, officials, officers, employees, agents, and volunteers shall be named as additional insureds on Contractor's and its subcontractors' policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.

3.2.11.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed (amended)to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Upland, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City before the City's own primary insurance or self-insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section - 6 -

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3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(A).
(B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it in any way.

Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(B). (C) Workers' Compensation and Employer's Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A)coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B)any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.

Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.

3.2.11.4 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.

All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

3.2.11.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.

3.2.11.6 Subcontractor Insurance Requirements. Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Contractor, the City may approve different - 7 -

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scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City shall be named as additional insureds on all subcontractors' policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.

3.2.11.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.

3.2.11.8 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.2.11.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor's insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement.

3.2.12 Safety. Contractor shall execute and maintain their work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state, and federal laws, rules, and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.13 Bonds.

3.2.13.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit"B" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.13.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit"B" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.13.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient, or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are - 8 -

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accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best's rating no less than A:Vlll and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.2.15 Work Site.

3.2.15.1 Inspection Of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor's ability to protect existing surface and subsurface improvements. No claim for allowances—time or money—will be allowed as to such matters after commencement of the Services.

3.2.15.2 Field Measurements. Contractor shall make field measurements, verify field conditions, and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents, including any plans, specifications, or scope of work before commencing Services. Errors, inconsistencies, or omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition.

3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City.

3.2.17 Warranty. Contractor warrants all Services under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Contract, commence and prosecute with due diligence all Services necessary to fulfill the - 9-

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terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an additional one-year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require verifying that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "D" attached hereto and incorporated herein by reference. The total annual compensation shall vary, subject to City Council approval of the annual budget itemized for On- Call Striping Services, including routine services as well as Additional Extra Work, which may be authorized, as described below.

3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor.

The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Deductions. City may deduct or withhold, as applicable,from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums.

3.3.4 Reimbursement for E?cpenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.5 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. The City Manager may approve Extra Work up to ten percent (10%) of the amount of the Agreement or fifty thousand dollars ($50,000.00). Any Extra Work in excess of this amount shall be approved by the - 10 -

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City Council. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative.

3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at Contractor's principal place of business and at the project site. Contractor shall defend, indemnify, and hold the City, its officials, officers, employees, and agents free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.3.7 Registration/DIR Compliance. If the Services are being performed as part of an applicable "public works" or "maintenance" project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor's sole responsibility to comply with all applicable registration and labor compliance requirements.

3.3.8 Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor's performance of Services, including any delay, shall be Contractor's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify, and hold the City, its officials, officers, employees, and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.4 Termination of Agreement.

3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.
- 11 -

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3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5 General Provisions.

3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Contractor:

Safe USA, Inc.
1030 N. Mountain Avenue #180
Ontario, CA, 91762
City:

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

City of Upland
460 N. Euclid Avenue
Upland, CA 91786
Attn: City Attorney
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.2 Indemnification.

3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, "Claims") in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor's Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorneys' fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor's indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense which is caused by the sole or active negligence or willful misconduct of the City or the City's agents, servants, or independent contractors who are directly responsible to the City. - 12 -

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3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City's choosing and at Contractor's own cost, expense, and risk, any and all Claims covered by this indemnification section that may be brought or instituted against City or its officials, employees, agents, and volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents, and volunteers as part of any such claim, suit, action, or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents, and volunteers as part of any such claim, suit, action, or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents, and volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents, and volunteers.

3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County, California. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims, and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.

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

3.5.5 City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.

3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement, or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer.

3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays.

All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.5.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. - 13 -

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3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

3.5.11 No Third-Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third-party beneficiaries of any right or obligation assumed by the Parties.

3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Services.

For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.

3.5.15 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties.

3.5.18 Fleet Compliance.

3.5.18.1 To the extent applicable, Contractor, shall comply, and shall ensure all subcontractors comply, with all requirements of the most current version of the California Air Resources Board ("CARB") including, without limitation, all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments ("Regulation"). A Fleet Compliance Certification Form is attached hereto as Exhibit "C" and incorporated herein by this reference.
- 14 -

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3.5.18.2 Throughout Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor's and subcontractors' fleet including, without limitation, the CRCs, fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep, or maintain pursuant to the Regulation upon two (2) calendar days' notice from the City.

3.5.18.3 Contractor shall be solely liable for any and all costs associated with complying with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Contractor shall defend, indemnify, and hold harmless the City, its officials, officers, employees, and authorized volunteers free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure to comply with the Regulation. [SIGNATURES ON FOLLOWING PAGE]
- 15-

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SIGNATURE PAGE FOR

MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF UPLAND
AND Safe USA, INC.

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

CITY OF UPLAND Safe USA, Inc.

APPROVED BY:

By:

MICHAEL BLAY,

CITY MANAGER
Its: President
ATTESTED BY: Printed Name: Jacob Coplenas
KERI JOHNSON, By:

City Clerk
Its: Secretary
APPROVED AS TO FORM: Printed Name: Monica Coplenas Best Best & Krieger LLP
City Attorney 874085
Contractor's License Number
1000000311
DIR Registration Number
- 16 -

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EXHIBIT A

SCOPE OF SERVICES
The City of Upland has a need for on-call services for routine striping and pavement marking repairs and is soliciting proposals from qualified paving contractors for"On-Call Striping Services".

Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional striping maintenance services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "D" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

Work to be performed on an "as-needed" basis.

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EXHIBIT B
BONDS
A Payment Bond and a Performance Bond, each in the amount of$210,000 Two Hundred and Ten Thousand Dollars, are required and shall be renewed annually.

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EXHIBIT C

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:

X The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto. ❑ 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: Safe USA, Inc.

Signature:

Name: Jacob Coplenas
Title: PRESIDENT
Date: September 23, 2024

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EXHIBIT D

COMPENSATION
ITEM ITEM DESCRIPTION UNIT PER
NUMBER COST
1 Install Raised Pavement Markers Type D, G and H $3.25 EA 2 Removal of Raised Pavement Markers $0.25 EA 3 Removal of Thermoplastic 200 s.f. or less $3.00 SQ FT 4 Install 12" Thermoplastic Crosswalk (White / Yellow). $5.00 SQ FT 5 Install 12" Thermoplastic Stop Bar/ Limit Line $4.00 LF 6 Install Thermoplastic Pavement Markings $8.00 SQ FT 7 Install Thermoplastic Two-Way Left Turn, Detail 32 $3.00 LF 8 Install Thermoplastic Double Yellow, Detail 22 $1.70 LF 9 Install Thermoplastic Yellow Left Edge Line, Detail 25 $2.00 LF 10 Install Thermoplastic 6" Lane Line, Detail 9 $1.30 LF 11 Install Thermoplastic 4" Right Edge Line, Detail 27B $1.00 LF 12 Install Thermoplastic 6" Bike Lane Line, Detail 39 $1.30 LF 13 Install Thermoplastic 8" White Channelizing, Detail $1.50 LF 38A
14 Install Thermoplastic 6" Yellow Centerline, Detail 2 $1.00 LF 18 Install Thermoplastic 8" White Lane Drop, Detail 37B $1.50 LF 19 Install Thermoplastic 6" White Bike Lane, Detail 39A $1.50 LF 20 Paint 12" Crosswalk (White / Yellow) $3.00 SQ FT 21 Paint 12" Stop Bar/ Limit Line $3.00 LF

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ITEM ITEM DESCRIPTION UNIT PER
NUMBER COST
22 Paint Pavement Markings $5.00 SQ FT
23 Paint Two-Way Left Turn, Detail 32 $0.70 LF
24 Paint Double Yellow, Detail 22 $0.50 LF
25 Paint Yellow Left Edge Line, Detail 25 $0.30 LF 26 Paint 6" Lane Line, Detail 9 $0.30 LF
27 Paint 4" Right Edge Line, Detail 27B $0.30 LF
28 Paint 6" Bike Lane Line, Detail 39 $0.30 LF 29 Paint 8" White Channelizing, Detail 38A $0.40 LF 30 Paint 6" Yellow Centerline, Detail 2 $0.30 LF 31 Paint 8" White Lane Drop, Detail 37B $0.30 LF
32 Paint 6" White Bike Lane, Detail 39A $0.40 LF
33 Contractor mark-up percentage for pass-through costs 10 % (for special items NOT included on this schedule).

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4 Or UN
,C.:9 -ft.:;
`tCALIFORNIA LEVINE ACT DISCLOSURE STATEMENT
Ogt�� 4Q"
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.

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): N/A ZNO

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): N/A 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. 9/12/2024
Date Signature of authorized individual
SafeUSA, Inc.

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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�� pl"� CITY
UPLAND
„.;
"The City of Gracious Living"
Staff(krctilt
C�tIFOB�S
DATE: September 23,2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:CHRIS ALANIS,INTERIM PUBLIC WORKS DIRECTOR

STEVEN NIX,CONTRACT PROJECT MANAGER
SUBJECT: CONSIDER AWARD OF BID FOR PROJECT NO. 9137,9138&82341, STANDBY GENERATOR INSTALLATION AND REPLACEMENT PROJECT(BID NO.2024-07) RECOMMENDED ACTION:

It is recommended that the City Council approve the plans and specifications for Project No. 9137, 9138 & 82341, Standby Generator Installation and Replacement Project, deem the bid from High Volt Electric as non-responsive, award a construction contract to Proterra Builders, Inc. in the amount of$1,175,000, and approve a construction contingency in the amount of$117,500 for a total contract amount of$1,292,500;and authorize the City Manager to execute the agreement.Additionally,authorize a transfer of$50,000 from the Infrastructure Improvement Reserve to the General Capital Project Fund and appropriate the funds to be used towards the project.

GOAL STATEMENT
The proposed action supports the City's goal to continue to maintain and improve the City's public infrastructure and maintain a high standard of public health and safety.

BACKGROUND
The Upland Animal Shelter facility located at the southeast corner of Memorial Park was constructed in 2009 and included the installation of a 276kW standby generator which was sized to provide standby power for the animal shelter as well as other facilities within Memorial Park.For unknown reasons,no other facilities were ever connected to the standby generator which makes the generator extremely over-sized for the load occurring from the animal shelter alone. Because of this, the generator cannot run at a sufficient load to run efficiently and maintain appropriate emissions rating. The animal shelter generator is recommended to be replaced with a more appropriately sized generator of 105kW.

The other two sites included in this project are Water Plant No.2 located on 24th Street west of Mountain Avenue and Water Plant No. 6 located on 15th Street west of Campus Avenue.Both of these facilities are water pumping stations which move water between elevation zones and as such, should have a source of emergency backup power available in case of SCE power outages that may occur during events such as a brownout,power shut-off due to high wind or fire or a significant earthquake event.

ISSUES AND ANALYSIS
The Standby Generator Installation and Replacement Project Notice Inviting Bids (NIB)was advertised on July 12, 2024 and July 19,2024 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 August 13,2024,a public bid opening was held in which the City received and opened seven(7)bids for the Project,under Bid No.2024-07,as follows:

BIDDER BID AMOUNT
Proterra Builders,Inc. $ 1,175,000
High Volt Electric $ 1,178,850 **
Metrocell Construction,Inc. $ 1,576,429
MBE Construction $ 1,614,663
Cora Constructors $ 1,727,001
Mel Smith Electric,Inc. $ 1,984,000
Pramira Inc. $2,374,090

Page 194 of 722 ends

**(the bid schedule provided shows$1,166,850 in figures and$1,178,850 in words for the bid amount) The lowest bidder with no discrepancies on their bid was Proterra Builders,Inc.with a base bid amount of$1,175,000.

During the review of the bids received, discrepancies were found in the bid provided by High Volt Electric which raised question on the actual amount of the bid.Included in the project bid schedule was a bid item to provide a credit amount for the salvage value of the generator to be removed from the animal shelter. In the bid provided by High Volt Electric,this bid item was included as an addition in-lieu of a credit.After the bid opening, staff received a call from High Volt Electric stating that a mistake was made on their bid and in fact this bid item was intended to be a credit which should have made their bid$1,154,850,thereby making their bid the lowest bid received.

Based upon multiple errors on the bid provided and discussions with the City Attorney,it is recommended that the bid provided by High Volt Electric be deemed non-responsive due to the errors provided on the bid and that Proterra Builders,Inc be confirmed as the lowest responsible and responsive bidder.

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 July 8,2024.

FISCAL IMPACTS
The total project cost is estimated at$1,327,500 as detailed below:

Estimated Project Costs
Basic Bid Amount $1,175,000
Construction Contingency $117,500
Total Contract Work: $1,292,500
Construction Administration and Inspection $35,000 Total Estimated Project Cost: $1,327,500
Once the transfer in the amount of$50,000 from the Infrastructure Improvement Reserve to the General Capital Project Fund to cover the total cost for the Animal Shelter replacement generator($197,295.93)is complete,sufficient funds will be available in the following accounts:

FY 24-25 Funding Budget Available
CIP Account 639 9137(Water Bond) $500,770
CIP Account 639 9138(Water Bond) $1,074,140
CIP Account 425 7500 82341 (General Capital Project Fund) $200,000 Total Project Funding $1,724,910

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: Categorically Exempt from further environmental review pursuant to Section 15301(c)(Existing Facilities).

The City filed the Notice of Exemption with the County of San Bernardino on July 8,2024.

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AMENDED BID SCHEDULE

STAND-BY GENERATOR INSTALLATION &REPLACEMENT PROJECT
Name of Bidder: Eco Energy Solutions, Inc. dba High Volt Electric The undersigned, having examined the proposed Contracts and having visited the site and examined the conditions affecting the work, hereby and agrees to furnish all labor, materials, equipment, and appliances, and perform operations necessary to complete the work as required by said proposed Contract Documents, excluding work of alternates for

BASIC BID
ITEM UNIT ITEM COST
NO. DESCRIPTION QUANTITY UNIT PRICE (Subtotal)

PART A-GENERAL ITEMS
Furnish and Install 200 kW Kohler
Generator with 400A Automatic Transfer
Switch, Concrete Foundation, all conduits 1 L.S. $ 220,722 $220,722 and wiring, and all other appurtenances as
shown on the project drawings for Water
Plant#2.

Furnish and Install 900 kW Kohler
Generator with 1200A Automatic Transfer
2 Switch, Concrete Foundation, all conduits 1 L.S. $ $06 904 $806,904 and wiring, and all other appurtenances as +
shown on the project drawings for Water
Plant#6.
' Disconnect existing 275 kW Generator from
3 the existing Transfer Switch, Main Electrical 1 L.S. $ 17,000 $ '!7,000 Panel and Concrete Foundation and set
aside for salvage.

Furnish and Install New 100 kW Kohler -
Generator. Secure to existing concrete
foundation and connect to existing Transfer
4 switch and Main Electrical Panel as shown
1 L.S. 122,224 $ 122,224
on the project drawings for the Upland ` ,�� Animal Shelter,
5 'Trade-In" credit for existing 275 kW Diesel 1 L.S. $ 12,000 $ 2,000 Generator.

TOTAL BASE (In Figures) $ 1 ,166,850.00
BID One-Million,One-Hundred Seventy-Eight Thousand,Eight-Hundred and Fifty Dollars Even (ITEMS 1-5) (In Words)
l-11 €550
STAND-BY GENERATOR INSTALLATION AND - 17- BID FORMS

REPLACEMENT PROJECT

Page 196 of 722 ends

The basis for award of contract shall be the Contractor's Base Bid only.

TOTAL BASE BD PRICE BASED CN BD SCHEDULE
1 ,166,850.00
-farancsie icT n-Iunbers 1
The costs for any Work shown or required ed h the Contract Doc malts, bit not specifically identified as a ine thin are b be irnduded h the related fine tams and ro ^onal compensation shall be due b Contractor for the performance of the Work Al blank spaces appeahg above must be Med h Fature b lls h any blank spaces may render the bid nonresponsive. h case olf discrepancy ben the Urdt Price and kern Cost set forth for a cr basis tan, the Unit Price shal preval and be used as the basis for detenninhg the lowest responsive, responsible add% However, f the amount set forth as a Urd Price h ambiguous, uninteMOble or uncertain for any carte„ or is anted, or 's the same amount as the entry h the Ism Cost column, then the emoted set forth h the Yarn Cost cokmt for the item shal preval and shal be divided by the estimated quanly for the lam and the price thus obtained shal be the Lit Price.

For purposes of evaitrali g lads, the City wll correct any apparent antes h the extension of urt prices and any apparent errors h the additlon of kmp sun ad extended prices.

The estimated quantifies for Ur>tt Price Items are for purposes of comparing Bois only and the City maces ro region that the actual quantities of work performed wll not vary from the estimates. dal payment shal be determined by the Engheer from measured cgrantilies of work performed based upon the Unit Price.

The undersigned agrees that this Bid Schedule constitutes a 5m offer b the City with cannot be withdrawn for the number of calendar days idkabed h the Notice Invit g Erxis from ad after the Bid opening, or trill a Contract for the Vial( i3 My awaited hi the City and a turd party, whichever le eerier.

If the Contract Doarnents specify Alternate Bid Yams, the City can choose to include any, or none of the Alternate RI Marra h the Work Y the City selects any of the Alternate Bid kerns, the conesponcfing Ahem* Bit prices shall
te Bid added to
at or deducted from Base it Price for the
AlternateWork The Cly car award/select
any
ierne{s}•
NOTE&
1 Determination of the lowest bidder wll be based upon the "TOTAL BASIC BID" price indicated h the EMI Schedule above.
2 AI amounts and lotus given h the Bd Schedule w® be subject b verification bar the Contractor. h case of variation between the limit cost and amount shown by bidder, the rat cost vwn7 be considered b be histher
STAND-BY GENERATOR INSTALLATION AND - '8- BID FORMS

REPLACEMENT PROJECT

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AMENDED BID SCHEDULE

STAND-BY GENERATOR INSTALLATION&REPLACEMENT PROJECT
Name of Bidder: Preoterra Builders, Inc.

The undersigned, having examned the proposed Contracts and having visited the site and examined the conditions affecting the work, hereby agrees to furnish all labor, materials, equipment, and appliances, and perform operations necessary to complete the work as required by said Contract Documents, excluding work of alternates for.

BASIC BID
ITEM DESCRIPTION QUANTITY UNIT UNIT ITEM COST NO. _ _ PRICE (Subtotal)

PART A-GENERAL ITEMS
Furnish and install 200 kW Kohler
Generator with 400A Automatic Transfer
1 Switch, Concrete Foundation, all conduits 1 L.S. $ 241,336.94 $ 241,336.94 and wiring, and all other appurtenances
as shown on the project draings for Water
Plant#2.

Furnish and install 900 kW Kohler
Generator with 1200A Automatic Transfer
2 Switch, Concrete Foundation, all conduits 1 L.S. $ 736,367 13 $ 736,367 13 and wiring, and all other appurtenances
as shown on the project draings for Water
Plant#6.

Disconnect existing 275 kW Generator
3 from the existing Transfer Switch, Main 1 L.S. $ 6,345.01 $ 6,345.01 Electrical Panel and Concrete Foundation
and set aside for salvage. ,
Furnish and install 100 kW Kohler
Generator, secure to existing concrete
4 foundation and connect to existing 1 L.S. $ 201,943.11 $ 201,943.11 Transfer Switch and Main Electrical Panel
as shown on the project draings for the
Upland Animal Shelter.
5 "Trade-In"credit for existing 275 kW 1 L.S. $ Diesel Generator. (10,992.19) $ (10,992.19) TOTAL {In Figures) $ 1,175,000.00

BASE BID
(ITEMS 1-5) (In Words) One Million One Hundred Seventy Five Thousand and No Cents STAND-BY GENERATOR INSTALLATION AND B1 OBMS REPLACEMENT PROJECT - 17- Page BlQ of 7Z2

The basis for award of contract shall be the Contractor's Base Bid only.

TOTAL BASE BID PRICE BASED ON BID SCHEDULE
$ } 175' ©oo0
Total Base Bid in Numbers
The costs for any Work shown or required in the Contract Documents, but not specifically identified as a line item are to be included in the related line items and no additional compensation shall be due to Contractor for the performance of the Work.

All blank spaces appearing above must be filled in. Failure to fill in any blank spaces may render the bid non-responsive. In case of discrepancy between the Unit Price and Item Cost set forth for a unit basis item, the Unit Price shall prevail and be utilized as the basis for determining the lowest responsive, responsible Bidder. However, if the amount set forth as a Unit Price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or is the same amount as the entry in the Item Cost column,then the amount set forth in the Item Cost column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the Unit Price.

For purposes of evaluating Bids, the City will correct any apparent errors in the extension of unit prices and any apparent errors in the addition of lump sum and extended prices.

The estimated quantities for Unit Price items are for purposes of comparing Bids only and the City makes no representation that the actual quantities of work performed will not vary from the estimates. Final payment shall be determined by the Engineer from measured quantities of work performed based upon the Unit Price.

The undersigned agrees that this Bid Schedule constitutes a firm offer to the City which cannot be withdrawn for the number of calendar days indicated in the Notice Inviting Bids from and after the Bid opening, or until a Contract for the Work is fully executed by the City and a third party, whichever is earlier.

If the Contract Documents specify Alternate Bid items, the City can choose to include any, all, or none of the Alternate Bid items in the Work. If the City selects any of the Alternate Bid items,the corresponding Alternate Bid prices shall be added to or deducted from Base Bid Price for the Work. The City can award/select Alternate Bid items at any time(s).

NOTES:

1. Determination of the lowest bidder will be based upon the `TOTAL BASIC BID" price indicated in the Bid Schedule above.

2. All amounts and totals given in the Bid Schedule will be subject to verification by the Contractor. In case of variation between the unit cost and amount shown by bidder,the unit cost will be considered to be his/her bid.

STAND-BY GENERATOR INSTALLATION AND - 18- BID FORMS

REPLACEMENT PROJECT

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�� pl"� CITY
UPLAND
„.;
"The City of Gracious Living"
Stafif(krctilt
C�tIFOB�S
DATE: September 23,2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:ROBERT D.DALQUEST,DEVELOPMENT SERVICES DIRECTOR

JOSHUA WINTER, SENIOR PLANNER

DAN WERY,PRINCIPAL COMMUNITY PLANNER,MICHAEL BAKER INTERNATIONAL

SHANNON LISKA,PLANNER,MICHAEL BAKER INTERNATIONAL
SUBJECT: CONSIDER APPROVAL OF GENERAL PLAN AMENDMENT NO.GPA-24-0002 FOR THE RE-ADOPTION OF THE 2021-2029 HOUSING ELEMENT
RECOMMENDED ACTION:

It is recommended that the City Council conduct a public hearing and: (1)Find that GPA 24-0002 is exempt from the California Environmental Quality Act(CEQA)pursuant to Section 15061(b)(3), Section 15162(a)and Section 15283 of the CEQA Guidelines; and (2) Adopt a Resolution approving General Plan Amendment No. GPA-24-0002, approving the 2021-2029 Housing Element Update(See Attachment A—Draft Resolution.)

GOAL STATEMENT
The proposed Housing Element Update supports the City's goal to encourage new balanced growth with a range of housing choices for its residents,including households of all income levels and persons with special needs.

BACKGROUND
State law requires every city to update its Housing Element every eight years,with the most recent update period being the 2021-2029 planning period within the Southern California Association of Governments ("SCAG") region. The Housing Element is one of seven required elements to be included in the City's General Plan. The Housing Element identifies priority goals, policies, and programs that directly address the housing needs of current and future City residents for all income levels. The City Council has previously adopted the Housing Element Update to the City Council, but changes have been made to the Housing Element as part of the review process with the California Department of Housing and Community Development (HCD) that require a "re-adoption.". Therefore, the City Council is requested to consider re-adoption of the revised 2021-2029 Housing Element.

The City began the process of updating the Housing Element in 2020,which consisted of drafting the Housing Element Update and hosting public workshops throughout 2021. On September 24, 2021, the City submitted an initial draft Housing Element to the California Department of Housing and Community Development (HCD) for review, as required by law.On November 22,2021,HCD issued a letter noting necessary revisions were required to comply with State Housing Element Law.After revising the Housing Element in response to the State's comments and resubmitting the 2nd draft for approval,HCD issued a subsequent letter on May 23,2022,noting additional required revisions.

After completing these revisions, on October 5, 2022, City staff processed the adoption of the 3' Draft Housing Element to the Planning Commission who recommended adoption to the City Council,where it was formally adopted on October 24,2022. Following adoption,City staff submitted the 3rd draft Housing Element to HCD for certification and received additional comments on December 22,2022(Attachment B—HCD Comments 12/22/22).

The City addressed these comments and submitted a 4th draft to HCD on February 13, 2024 (Attachment C) and received a comment letter on April 12, 2024(Attachment D). City staff then revised the Housing Element, met with HCD on May 1, 2024, to discuss the final revisions (Attachment E), and submitted the final Housing Element (5th draft) (Attachment F) for review on May 20, 2024, following a seven-day public review period. Please note that Attachment F contains a redlined version of the Housing Element for City Council to review the changes to the document. Exhibit A to the draft resolution contains a clean version of the document with no tracked changes.

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HCD provided the City of Upland with a letter of conditional compliance on June 17,2024(Attachment G).The letter states that once the Housing Element is re-adopted by City Council and the rezonings and upzonings are completed as outlined in the Housing Element,the City will be in full compliance with state law and will be certified by HCD.

The letter did not request any further revisions to the Housing Element document.

The Planning Commission, at its Special Meeting on August 21, 2024, conducted a public hearing and adopted a resolution recommending that the City Council approve the Housing Element Update. Attachment H provides the Planning Commission Resolution.At the hearing,one speaker queried about a residential density increase that would be processed on and around their property,as part of rezoning efforts that would follow the Housing Element adoption.

They spoke in favor of the proposed rezoning of their property and mentioned that there are other residents in the area willing to sell their properties for future residential development. City staff and consultants, Michael Baker International, addressed the Housing Element's site inventory, which anticipated a future increase in density of the inquired area under the processing of a subsequent"overlay zone"efforts in order to meet the City's Regional Housing Needs Allocation of 5,686 units during the 2021-2029 planning period. Rezoning, upzoning, or related Municipal Code Amendments will be initiated as a separate process, requiring City Council approval, as a subsequent process following adoption of the Housing Element. Another member of the public and resident also spoke in favor of the higher density upzoning in proximity to public transit and concurred that several neighbors of their mixed-use area would be interested in selling to residential developers.

A summary of the Housing Element public participation process is included in Section 1 of the Housing Element and comment letters received to date are provided in Appendix D.

For background information regarding Housing Element requirements,please refer to the staff reports and materials for the previous public meetings posted on the City website at https://www.uplandca.gov/2021-2029-housing- element-update.

ISSUES AND ANALYSIS
Since the previous adoption of the Housing Element, the City has made several rounds of revisions in response to comments from HCD.Many of HCD's comments only required technical or clerical revisions,such as additional data and information. Other comments required substantive revisions to programs to comply with state law. Comments and revisions are generally grouped into the following three categories:

Affirmatively Furthering Fair Housing and Public Outreach The element was revised to include a full fair housing analysis.This included data and maps analyzing integration and segregation,racially and ethnically concentrated areas of poverty and affluence,disparities in access to opportunities, and disproportionate housing needs. This included local and regional demographic and geographic comparison, as well as several additional maps analyzing how the City's Regional Housing Needs Allocation (RHNA) sites distribution relate to existing conditions of segregation and fair housing concerns.

As a part of this effort, the City also conducted targeted stakeholder engagement focused on local housing service providers for low-moderate income and special needs households.

Sites Analysis
No new RHNA sites have been added to the inventory since the prior adoption of the 3rd Draft Housing Element by the City Council. The element was revised to include an extensive evaluation of each proposed RHNA site. This includes evaluation of each non-vacant site against five criteria determined by recent development trends in the City of Upland.These criteria included standards in land improvement ratio,building age,existing uses,access to services, and access to high-quality transit(Metrolink Stations).

An evaluation of each of the 292 non-vacant sites revealed that all 292 of the sites meet at least three of the five site selection criteria.Furthermore,270 sites meet at least four of the five site selection criteria,and 110 of the sites meet all five of the criteria.

The element was also revised to include an analysis of small (less than 0.5-acre) sites. All sites used to satisfy the lower income RHNA are larger than 0.5 acres with the exception of two groups of parcels. The groups of parcels, consisting of 11 and 4 parcels that have individual parcels smaller than 0.5 acres are vacant and are functionally developable as one development site. Together, the groups of parcels are 5.35 and 1.63 total acres, respectively.

Page 201 of 722 ends

Analysis and details were added to show they are still appropriate for development of lower-income units.

Additionally, five examples of lot consolidation were added to demonstrate the City's track record in facilitation of small-lot consolidation.

Program Revisions
The Housing Element was revised both to include new programs and to add details, geographic targeting, and quantifiable metrics to existing programs. Program 2: HOME Improvements, Program 3: Emergency Repairs for Homeowners,Program 4:Rental Acquisition and Rehabilitation,Program 7:Specific Plans, Program 9:Accessory Dwelling Units, and Program 15: Housing Incentives were expanded or revised to add geographic targets, specific timelines,and/or quantifiable goals and metrics.These programs did not have major revisions to their content.

Entirely new programs to the Housing Element include:
• Program 5:Multi-Family Rental Rehabilitation Program,which highlights the City's already existing efforts to assist low to moderate income tenants by providing Upland landlords of multi-family apartments(8-units or less)with grants up to$25,000 to make energy efficiency improvements to units occupied by LMI tenants in the City of Upland.This Program is already ongoing.
• Program 14:Acquisition of Existing Units for Affordable Housing was added to highlight the City's ongoing efforts to proactively acquire the remaining eleven(11) fourplexes in Magnolia Colony, Sunset Ridge, and The Village to add to the City's affordable housing portfolio. • Program 22:Housing Education and Outreach includes a commitment to provide information about housing assistance, fair housing, housing resources, and housing programs through a wide variety of outreach methods. The program includes two workshops annually, outreach to 100 households annually, and fair housing matched pair testing once in the planning period. • Program 23: Housing Mobility includes an ADU Bonus Program. During the implementation of this program,the City will amend its zoning ordinance to allow one additional ADU,beyond state law,on lots in the RS-10,RS-15, and RS-20 zones with a single-family home that are larger than 15,000 square feet. The program will allow one additional ADU on eligible single-family lots given that the bonus ADUs are deed restricted as affordable to lower-income households for a certain, shortened period of time (ex. 10 years).

The program is applicable to an estimated 1,940 lots.
• Program 24: Place-Based Improvements in South Upland highlights ongoing efforts to create place-based improvements through investments in the public right of way.This includes the existing Business Attraction Assistance Program,Historic Downtown Revitalization Program,and Capital Improvement Projects planned to occur in South Upland,such as alley rehabilitation,pavement maintenance,ADA improvements,and water and sewer infrastructure improvements.

Next Steps
If the Housing Element is"re-adopted"by the City Council,HCD will be notified and a copy of the re-adopted revised Housing Element and City Council Resolution will be submitted to HCD. HCD will confirm receipt of the adopted revised Housing Element and Resolution and will note that full compliance with state law is dependent on the City completing its planned rezoning processes as outlined in the Housing Element.

Following this, the Planning Division will begin the rezoning processes which will include public hearings held by the Planning Commission for a recommendation, and public hearing with the City Council to consider approval of specific zoning amendments as provided in the Housing Element programs.

ENVIRONMENTAL DETERMINATION
The Housing Element update is exempt from the CEQA Guidelines 14 Cal. Code.Regs Section 15061(b)(3)because it can be seen with certainty that there is no possibility that the Project may have a significant effect on the environment as set forth in Section 21080.17 of the Public Resources Code.The Project is further exempt pursuant to 14 Cal.Code.

Regs Section 15162(a) of the CEQA Guidelines. Further,to the extent the Regional Housing Needs determinations are made,the Project is further exempt from the CEQA Guidelines 14 Cal.Code.Regs Section 15283,which provides,

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"CEQA does not apply to regional housing needs determinations made by the Department of Housing and Community Development,a council of governments,or a city or county pursuant to Section 65584 of the Government Code."

FISCAL IMPACTS
There is no fiscal impact associated with this action. Any implementation programs resulting from the Housing Element Update will be funded through the Senate Bill 2 and Local Early Action Planning (LEAP) grants in Fund 217.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Determine to be Exempt.

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UPLAND, CALIFORNIA APPROVING GENERAL PLAN
AMENDMENT NO. GPA-24-0002 ADOPTING THE 2021-
2029 HOUSING ELEMENT UPDATE.

WHEREAS, local governments are authorized by Government Code section 65350 et seq. to prepare, adopt and amend general plans; and WHEREAS, Government Code Section 65580 et seq. requires cities to update their Housing Elements on a regular basis; and
WHEREAS, a comprehensive update to the Housing Element of the Upland General Plan for the 2021-2029 planning period has been initiated and prepared by the City of Upland; and
WHEREAS, the staff report and supporting materials accompanying this resolution are found to be true, are adopted as Facts and Findings, and are incorporated by reference in this resolution; and
WHEREAS, HCD issued letters finding that the draft 2021-2029 Housing Element was not in compliance with state law on November 22, 2021, May 23, 2022 and December 22, 2022, and February 13, 2024; and
WHEREAS, pursuant to State Law, a revised draft 2021-2029 Housing Element was prepared to address all comments received from the California Department of Housing and Community Development ("HCD") and statutory requirements to comply with State Housing Element Law and was submitted to the HCD for review on May 20, 2024; and
WHEREAS, on June 17, 2024, HCD issued a letter finding that the draft 2021- 2029 Housing Element is conditionally compliant and will be in full compliance with state law upon readoption and completion of the proposed rezonings; and WHEREAS, based on the factors and substantial evidence described in Appendix B (Sites Inventory) of the Housing Element, incorporated herein by reference, the existing uses on underutilized sites identified to accommodate the lower-income RHNA allocation are likely to be discontinued during the planning period and therefore do not constitute an impediment to additional residential development during the period covered by the Housing Element; and
WHEREAS, this General Plan amendment is exempt from review under the California Environmental Quality Act ("CEQA") (California Public Resources Code Section 21000, et seq.), pursuant to State CEQA Regulation §15061(b)(3) (14 Cal.

Code Regs. § 15061(b)(3)), the common sense exemption covering activities with no possibility of having a significant effect on the environment; and WHEREAS, during the preparation of the 2021-2029 Housing Element update the City of Upland conducted public meetings on February 25, 2021, June 22, 2021,

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Resolution No.

Page 2 ends

September 23, 2021, March 23, 2022 and October 5, 2022 during which all interested persons were invited to offer testimony concerning the Housing Element; and WHEREAS, during February 2024 additional outreach was conducted targeting lower-income and special needs households and service providers; and WHEREAS, the City of Upland on September 13, 2024 posted two (2) true and correct copies of the legal notice at the Upland City Hall Bulletin Board and at the Upland Public Library, and posted on the City's website in accordance with the Upland Municipal Code Section 17.46.020; and
WHEREAS, the City of Upland Planning Division on September 10, 2024 mailed copies of the legal notice to property owners listed on the sites inventory; and WHEREAS, the City of Upland Planning Division on September 13, 2024, published a legal notice in the Inland Valley Daily Bulletin, a local paper of general circulation, indicating the date and time of the public hearing in compliance with state law concerning the Project; and
WHEREAS, Upland Municipal Code Section 17.49.050 requires that the City Council take action on General Plan Amendments, and UMC Section 17.49.040 requires that the Planning Commission make a recommendation to the City Council on such amendments; and
WHEREAS, the City of Upland Planning Commission conducted a duly noticed public hearing on August 21, 2024, at which time it received public testimony concerning the Housing Element Update, and at the conclusion of the public hearing the Planning Commission adopted a resolution recommending City Council approval of General Plan Amendment No. GPA No. 24-0002 for the 2021-2029 Housing Element update; and
WHEREAS, the City of Upland City Council conducted a duly noticed public hearing on September 23, 2024, at which time it solicited public testimony concerning the Housing Element update, and considered the CEQA determination for the proposed project; and
NOW, THEREFORE, the City Council of the City of Upland hereby finds, determines, and resolves and recommends as follows:

Section 1. Findings. Pursuant to Upland Municipal Code Section 17.49.060 the City Council hereby makes the following findings and determinations in connection with the approval of General Plan Amendment No. 24-0002:

A. Finding: The proposed General Plan Amendment is in the public interest.

Evidence: The 2021-2029 Housing Element amendment is in the public interest because the Housing Element includes policies and programs to

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Resolution No.

Page 3 ends

facilitate the provision of housing opportunities for all economic segments of the community, including persons with special needs.

B. Finding: The proposed General Plan Amendment is consistent and compatible with the rest of the General Plan.

Evidence: The 2021-2029 Housing Element amendment identifies land use policies to accommodate the City's assigned share of regional housing needs as required by State law and includes programs to ensure consistency between the Land Use Element and the Housing Element.

C. Finding: The potential effects of the proposed General Plan Amendment have been evaluated and have been determined not to be detrimental to the public health, safety, or welfare.

Evidence: The 2021-2029 Housing Element amendment furthers the public health, safety and welfare by facilitating the production of housing to address the needs of all Upland residents, including those of all ages, incomes, household sizes and persons with disabilities.

D. Finding: The proposed General Plan Amendment has been processed in accordance with the applicable provisions of the California Government Code and CEQA.

Evidence: The 2021-2029 Housing Element amendment has been processed in accordance with the applicable provisions of the California Government Code, including Government Code §65352.3 which regulates tribal consultation requirements for General Plan Amendments and Government Code §65358 which regulates amendments to General Plans.

The project is exempt from review under the California Environmental Quality Act ("CEQA") (California Public Resources Code Section 21000, et seq.), pursuant to State CEQA Guidelines §15061(b)(3), §15162(a) and §15283 because the Housing Element would not approve any development project or other physical change to the environment.

Section 2. California Environmental Quality Act (CEQA). The Project is exempt from the CEQA Guidelines 14 Cal. Code. Regs Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Project may have a significant effect on the environment. The Project is further exempt pursuant to 14 Cal. Code. Regs Section 15162(a) of the CEQA Guidelines. Further, to the extent the Regional Housing Needs determinations are made, the Project is further exempt from the CEQA Guidelines 14 Cal. Code. Regs Section 15283, which provides, "CEQA does not apply to regional housing needs determinations made by the Department of Housing and Community Development, a council of governments, or a city or county pursuant to Section 65584 of the Government Code."
Section 3. Determination. The City Council adopts General Plan Amendment No. 24-0002, an update to the Upland Housing Element for the 2021-2029 planning period as shown in Exhibit A, attached hereto and incorporated herein by reference.

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Resolution No.

Page 4 ends

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. Certification. The City Clerk shall certify to the passage, approval, and adoption of this Resolution, and shall cause this Resolution and his certification to be entered in the Book of Resolutions of the Planning Commission of the City.

Section 6. Effective Date. This Resolution shall become effective immediately.

PASSED, APPROVED and ADOPTED this 23rd day of September, 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 23rd day of September, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

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Resolution No.

Page 5 ends

Exhibit A
Upland 2021-2029 Housing Element

Page 208 of 722 ends

CITY OF UPLAND
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City of Upland
Housing Element
Revised February 2024 and May 2024
City Council Resolution No. 6697

Page 209 of 722 ends

May 2024
Contents

1. Introduction H-1
Background H-1
Related Plans H-1
Public Outreach H-2

2. Housing Needs H-11
Demographic Trends H-11
Housing Characteristics H-14
Special Housing Needs H-22
Affordable Housing at Risk of Conversion H-29
2021-2029 Housing Needs H-31

3. Constraints Analysis H-32
Market Constraints H-32
Land Use Controls H-34
Permitting Process H-49
Environmental and Infrastructure Constraints H-56

4. Housing Resources H-59
Land to Accommodate New Housing Needs H-59
Financial and Administrative Resources H-59

5. Housing Plan H-62
Goals and Policies H-62
Housing Programs H-64
Tables
Table H-1 Public Comment Summary H-5
Table H-2 Affordable Housing Costs—San Bernardino County H-18 Table H-3 Overpayment by Income Category—Upland H-21 Table H-4 Extremely-Low-Income Housing Needs—Upland H-22 Table H-5 Elderly Households by Income and Tenure—Upland H-22 Table H-6 Disabilities by Employment Status—Upland H-25 Table H-7 Developmental Disabilities—Upland H-25 Table H-8 Publicly Assisted Lower Income Rental Units in Upland H-29 Table H-9 Upland Regional Housing Needs Allocation,2021-2029 H-31 Table H-10 Development Fees,City of Upland H-33 Table H-11 Development Impact Fees,City of Upland H-33 Table H-12 Fee Comparison for Single-Family and Multifamily Development H-34 Table H-13 Land Use Designations Allowing Housing H-35 Table H-14 Specific Plans Allowing Housing H-35 Table H-15 Permitted Uses in Zones Allowing Residential Uses H-36 Table H-16 Permitted Uses in Mixed Use Zones H-38 Table H-17 Residential Development Standards H-44 Table H-18 Residential Parking Standards H-45 Table H-19 Multiple-Family Parking Standards H-46 Table H-20 Permit Process and Time Frame for Housing Projects H-50 Table H-21 Housing Element Quantified Objectives H-82 Figures
Figure H-1 Population Growth 2000-2020—Upland vs. SCAG Region H-11 Figure H-2 Population by Age and Gender—Upland H-12 Figure H-3 Household Size by Tenure-Upland H-12 City of Upland General Plan Housing Element Page H-i

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May 2024
Figure H-4 Employment by Industry-Upland H-13
Figure H-5 Employment by Occupation-Upland H-13 Figure H-6 Housing Units by Type—Upland vs.SCAG Region H-14 Figure H-7 Housing Tenure—Upland vs.SCAG Region H-15 Figure H-8 Housing Tenure by Age—Upland H-15
Figure H-9 Vacant Units by Type—Upland vs. SCAG Region H-16 Figure H-10 Age of Housing Stock—Upland vs. SCAG Region H-17 Figure H-11 Median Sale Price for Existing Homes—Upland vs.SCAG Region H-18 Figure H-12 Monthly Owner Cost for Mortgage Holders—Upland vs.SCAG Region H-19 Figure H-13 Percentage of Income Spent on Rent—Upland H-19 Figure H-14 Rental Cost by Income Category—Upland H-20 Figure H-15 Overcrowding by Tenure—Upland vs. SCAG Region H-20 Figure H-16 Disabilities by Type—Upland H-24 Figure H-17 Disabilities by Type for Seniors 65+—Upland H-24 Figure H-18 Female Headed Households—Upland H-26 Figure H-19 Female Headed Households by Poverty Status—Upland H-27 Figure H-20 Agricultural Employment—Upland H-28 Figure H-21 Very High Fire Hazard Severity Zone-Upland H-58 Figure H-22 Rezone and Upzone Areas H-68
Appendices
Appendix A Evaluation of the Prior Housing Element
Appendix B Sites Inventory
Appendix C Fair Housing Assessment
Appendix D Public Comments
Appendix E Divestment of Thrall Hall
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1. INTRODUCTION
Background
The State of California recognizes that an adequate supply of affordable housing for all income levels is a fundamental need for all communities.To achieve that goal,it is critical that all local governments share in the responsibility of implementing solutions to address local and regional housing needs.To that end,all California local governments are required to prepare a Housing Element that specifies how the community will plan for its housing needs.

The detailed statutory requirements for Housing Elements are codified in the California Government Code (§§65580-65589).The Housing Element must contain an identification and analysis of its existing and projected housing needs; an analysis of governmental and nongovernmental constraints to meeting those needs; and goals,policies,programs and objectives to further the development,improvement,and preservation of housing.

This Housing Element includes the following six sections:
• Chapter 1,Introduction provides an introduction to the statutory authority and requirements for the Housing Element,related planning efforts,and a description of the public outreach process. • Chapter 2, Community Profile provides an analysis of demographic and housing characteristics; current and future housing needs;and analysis of fair housing issues. • Chapter 3, Constraints Analysis provides an analysis of the governmental and nongovernmental constraints that affect the development,maintenance,and improvement of housing for all income groups. • Chapter 4, Housing Resources provides an analysis of the available land for housing, as well as the financial resources and administrative capacity to manage housing programs. • Chapter 5,Program Evaluation provides a review of the City's accomplishments relative to the programs and objectives established in the prior Housing Element.
• Chapter 6, Housing Plan establishes goals, policies, and implementation programs to address the development,improvement,and conservation of housing to address housing needs in Upland for the next 8 years.

Related Plans
This Housing Element is related to several other local planning efforts, some of which are mandated by the State of California or the federal government. The most important of these related plans and programs are summarized below.
• General Plan Consistency. The Housing Element is a component of the City's General Plan and must be consistent with other General Plan elements. The sites identified in this Housing Element for future housing development are correlated with the Land Use Plan shown in the Land Use Element.The City will maintain consistency between General Plan elements by ensuring that any proposed changes in this Housing Element that would result in an inconsistency with another element will be reconciled through amendments to other elements. As an example, a Housing Element program calling for changes to land City of Upland General Plan Housing Element Page H-1

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use designations to create additional capacity for future housing development would be implemented through amendments to the Land Use Element.
• Water and Sewer Services. The Water Division of the Public Works Department, San Antonio Water Company, West End Consolidated Water Company, and Water District of Southern California provide water to Upland residents. The Inland Empire Utilities Agency (IEUA) and the City provide wastewater services in Upland.In accordance with State law,the City provides a copy of its Housing Element to each water and wastewater service agency. These agencies are required to establish a priority system for water and sewer services to housing projects serving lower-income households in accordance with Section 65589.7 of the Government Code.
• City of Upland Consolidated Plan.The City of Upland is an entitlement jurisdiction and receives housing and community development funds directly from the federal government.Upland's Consolidated Plan was last revised for the 2021-2024 period. The housing, community development, and economic needs identified in the Consolidated Plan have been evaluated as part of the 2021 Housing Element update process to ensure that these efforts work together to address the community's needs.The Housing Element also reflects the public housing agency plan prepared by the San Bernardino County Housing Authority.

Public Outreach
The Housing Element Update process provided numerous opportunities for Upland residents and other stakeholders to be involved in shaping the City's housing policies and programs. From the outset, diligent efforts were made to involve all economic segments of the community and persons with special needs in the development of the housing element. A list of community stakeholders was compiled based upon City knowledge and previous projects including the Upland Consolidated Plan, and direct mail notice was sent to all parties inviting them to participate.To ensure all economic segments of the community were engaged in the Housing Element Update process, direct mail notice was sent out to 35 stakeholders, including specifically those who represent lower-income and special needs groups; the list is provided below. The stakeholders represent a variety of special needs groups active in the City and larger region. Additionally, further public outreach was conducted in January and February 2024, specifically targeting groups who ae comprised of and represent lower-moderate income populations and special needs populations.

In addition to public workshops and hearings, the City also directly contacted housing advocates, housing service providers, and community organizations who serve the interests of lower-income households and special needs groups to solicit comments on housing needs, barriers to fair and affordable housing, and opportunities for development.Translation services were available for all meetings upon request.

As an entitlement city, Upland also conducts an extensive public outreach process every four years as part of the Consolidated Plan process. The City is including Program 22 to provide for additional public outreach efforts in the future.The program includes the following, specific outreach efforts:
• Disseminate fair housing outreach materials at the library,website, and counter so that residents and landlords are aware of their rights, responsibilities, and opportunities for resolving fair housing concerns.Provide information to 100 households annually. • The Upland Development Services Department and Inland Fair Housing and Mediation Board (IFHMB) will continue providing educational opportunities for property owners,property managers, and residents in Upland concerning the law as it pertains to reasonable accommodations and City of Upland General Plan Housing Element Page H-2

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reasonable modifications. The City will contract with IFHMB to provide two workshops per year in the City,with one workshop per year serving as a general introduction to fair housing laws and possible discrimination, and one workshop each year being specifically focused on housing issues faced by persons with disabilities and the reasonable accommodation and modification processes. • The City will also contract with IFHMB at least once during the planning period to fund matched pair testing in Upland to address issues of possible discrimination based on disability as well as race,familial status,national origin,disability and other protected categories.

The following is a summary of the outreach activities that were held over the course of the Housing Element update.Table H-1 below provides a summary of public comments received during preparation of the Housing Element and how those comments are addressed in the Housing Element. Written correspondence received during the course of the Housing Element update is provided in Appendix D. Copies of HCD's review letters and summaries of the City's revisions to the Housing Element in response to HCD comments are also available as part of the Planning Commission and City Council meeting materials posted on the City's Housing Element web site ( https://www.uplandca.gov/2021-2029-housing-element-update) . • Housing Element Interest List. At the beginning of the Housing Element update process the City compiled a list of agencies, organizations and other stakeholders with expertise in housing issues, particularly those that provide or advocate for lower-income households and persons with special needs.

The City distributed notices of public meetings to these parties by direct mail or email prior to each meeting. • Housing Element Website.At the beginning of the update process a web page was created on the City's website where background information, meeting notices, draft documents, and other relevant materials regarding the Housing Element update were posted. The website was updated throughout the course of the project.
• Frequently Asked Questions.The City prepared an FAQ containing background information regarding Housing Element requirements,including the RHNA process and assessment of housing needs,which was posted on the Housing Element web page.
• Public Workshops.The City held two public workshops with the City Council and Planning Commission in February and June 2021 prior to the preparation of the draft Housing Element to provide decision- makers and interested stakeholders with background information on Housing Element requirements and to solicit comments regarding housing needs and policy options. Public comments were considered in the preparation of the draft Housing Element,which was posted for public review on September 16,2021. • Joint Study Session.After preparing the draft Housing Element and prior to submitting the draft to the Department of Housing and Community Development (HCD), a joint study session was held on September 23,2021 with the Planning Commission and City Council to review the draft Housing Element and its goals, policies, and implementation programs. Stakeholders on the Housing Element interest list were invited to attend and offer comments on the draft Housing Element.The draft Housing Element was then revised to incorporate comments received at this meeting.

Comments on the draft Housing Element focused on housing affordability and the challenges faced by local governments in addressing those needs. Specific comments included the following:
✓ The elimination of the redevelopment agency has diminished the City's ability to address housing problems
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✓ ADUs provide opportunities for affordable housing but also bring challenges such as adequate parking ✓ More housing also increases the City's cost of providing adequate services such as infrastructure and public safety
• HCD Review.The draft Housing Element was submitted to HCD for review on September 24,2021.On November 22, 2021 HCD issued a letter finding that the draft element addresses many statutory requirements;however,revisions will be necessary to comply with State Housing Element Law. • Planning Commission Review. After receiving HCD's November 22, 2021 review, a revised draft Housing Element was prepared addressing HCD's comments. The revised draft Housing Element was posted for public review on March 16, 2022 and a public meeting was held by the Planning Commission on March 23, 2022 to review HCD comments, other public comments and the revised draft Housing Element. An agenda and invitation to attend the meeting was sent to all parties on the Housing Element interest list. Comments offered at the meeting included whether changes to parking requirements would result in adequate parking for new housing developments. A letter dated February 28, 2022 was also submitted by YIMBY Law(see Appendix D).
• HCD Review#2.Following the March 23,2022 Planning Commission meeting the revised draft Housing Element was submitted to HCD for review on March 24, 2022. On May 23, 2022 HCD issued a letter finding that the draft element addresses some statutory requirements described in HCD's November 22, 2021 review;however,additional revisions are necessary to fully comply with State Housing Element Law. • Planning Commission Public Hearing.After receiving HCD's May 23,2022 comments a revised draft Housing Element was prepared addressing HCD's comments. The revised draft Housing Element was posted for public review on September 29, 2022 and on October 5, 2022 the Planning Commission conducted a public hearing to review the revised draft Housing Element.At the conclusion of the hearing the Planning Commission adopted a recommendation for City Council approval of the Housing Element.

In addition to the formal public hearing notice,direct notice of the hearing was provided to all parties on the Housing Element stakeholder list.
• City Council Public Hearing. On October 24, 2022 the City Council conducted a public hearing to review the revised draft Housing Element. At the conclusion of the hearing the City Council adopted a resolution approving the revised draft Housing Element. • Targeted Stakeholder Outreach. During the month of January and early February, 2024, the City conducted additional, targeted stakeholder outreach focusing on low-moderate income and special needs populations. The City conducted five additional stakeholder interviews with groups who include and represent low-moderate income and special needs populations in Upland. Target populations include extremely low-income persons, those in transitional housing, those in senior housing, mobile home communities, fair housing services,homeowner wraparound services,and disability services. Interviewees stressed the high cost of construction,importance of housing choices,need for education on fair housing and housing resources, homeownership and repair programs, and importance of ADUs, including educating homeowners on ADU development.The City has included and modified a number of programs in the Housing Element based in part on this feedback.The feedback and where it is addressed in Housing Element Programs is as follows:
• Increased housing mobility and housing options (Program 6,Program 23) City of Upland General Plan Housing Element Page H-4

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• Importance of education, especially regarding fair housing and tenant's rights (Program 21, Program 22)
• Importance and opportunity for ADUs (Program 9,Program 23) • Need for additional low-income housing(Program 6,Program 14,Program 15,Program 20) • Home Repair and Assistance Programs (Program 2,Program 3,Program 5) The revised Housing Element was published for a full seven day public review from February 5th to February 12th,2024. No public comments were received.

Chapter 5, the Housing Plan, describes the City's goals, policies and specific program actions over the next 8 years to address issues raised during the public outreach process (see also Table H-1).

Table H-1 Public Comment Summa
Comment Response
There is a limited amount of vacant land remaining for The availability of vacant land suitable for housing housing development in Upland. The RHNA goals assigned development is a significant problem in most cities in to the city are far higher than in the past. How can the city Southern California,particularly those that are near major achieve these goals? employment centers. Over the past several decades,most of the vacant properties in the urban areas without major
development constraints such as steep slopes,floodplains, or wildland fire hazards have already been developed.

Therefore,a large component of new housing development is occurring through redevelopment of previously developed properties that are economically or physically underutilized.

Appendix B of the Housing Element identifies underutilized properties that are suitable for redevelopment and the
following programs encourage the redevelopment of those properties for housing or mixed use: Program 6:Adequate Sites to Accommodate Regional Housing Needs; Program 7:

Specific Plans; Program 8: Reduce Potential Constraints to Housing Development; Program 9:Accessory Dwelling Units; Program 11: Neighborhood Improvements; Program 15:

Housing Incentives.

Accessory dwelling units(ADUs)can provide additional ADUs are an important strategy for meeting housing needs, housing opportunities. especially for single persons and small households.The City encourages production of ADUs through a variety of methods as described in Program 9:Accessory Dwelling Units.

Past underproduction of housing has resulted in higher prices Many factors contribute to high housing cost,and the and rents that make it difficult for younger persons to live in problem is not unique to California.While cities play an the community.A market-based solution is needed to provide important role in housing production,there are also many more housing. factors that are beyond the City's control,such as housing speculators and investors,State environmental regulations, private business decisions,the cost of labor and materials, federal economic policies, interest rates,etc.

The following programs are intended to facilitate housing production in all areas of Upland: Program 6:Adequate Sites to Accommodate Regional Housing Needs, Program 7:

Specific Plans; Program 8: Reduce Potential Constraints to Housing Development; Program 9:Accessory Dwelling Units; City of Upland General Plan Housing Element Page H-5

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Program 11: Neighborhood Improvements; Program 15:

Housing Incentives.

How will the City pay for the additional cost of providing California cities face major fiscal challenges in providing public services to new housing? public services.After the passage of Proposition 13 in 1978 and its limitation on local governments'property tax
revenues, local governments have faced increased difficulty in providing and financing appropriate public services and facilities to serve residents. One of the main consequences of Proposition 13 has been the shift in funding of new
infrastructure from general tax revenues to development impact fees and improvement requirements on developers, which has contributed to increased housing costs.

The Housing Element addresses this issue by encouraging efficient housing development patterns and provision of infrastructure as described in Program 6:Adequate Sites to Accommodate Regional Housing Needs, Program 7:Specific
Plans; Program 8: Reduce Potential Constraints to Housing Development; Program 9:Accessory Dwelling Units;
Program 10:Water Priority System, Program 11:

Neighborhood Improvements;and Program 15: Housing
Incentives.

Prioritize rezoning in high resource, historically exclusionary It is important to recognize that the residential areas of the neighborhoods. Many of the highest resource neighborhoods city are nearly built-out,and State laws already facilitate with the best access to jobs,good schools,and other more housing opportunities in existing residential areas amenities have histories of exclusion which are still reflected through ADUs and SB 9 lot splits. Redevelopment in in their zoning.Cities should rezone to allow more housing residential areas also could lead to displacement of existing opportunities in those neighborhoods, particularly those with occupants.Commercial and industrial areas have the low Vehicle Miles Traveled,as part of their Housing greatest opportunity for additional housing.

Elements. The following programs are intended to facilitate housing production in all areas of Upland: Program 6:Adequate Sites to Accommodate Regional Housing Needs, Program 7:

Specific Plans; Program 8: Reduce Potential Constraints to Housing Development; Program 9:Accessory Dwelling Units; Program 11: Neighborhood Improvements; Program 15:

Housing Incentives.

Establish a strong tenant protection ordinance so that new Strong tenant protections are already provided under State housing benefits everyone. Development should not and Federal law.The City helps to facilitate tenant protection permanently displace current residents. Housing replacement through partnerships with fair housing organizations and programs,temporary housing vouchers,right of return,and enforcement of existing laws.The following programs demolition controls will create stability for renters while address this comment: Program 2: HOME Improvement; allowing new homes to be built for new households and to Program 4: Rental Acquisition and Rehabilitation; Program 6:
accommodate the growth associated with RHNA. In your Adequate Sites to Accommodate Regional Housing Needs; sites inventory and rezoning programs,you should prioritize Program 13: Rental Housing Assistance; Program 15:
development on sites with owner-occupied housing& Housing Incentives; Program 16: Mobile Home Rent commercial uses over those with existing rent-controlled Stabilization; Program 17:Affordable Housing at Risk of apartments or other rental housing with lower income Conversion to Market Rate; Program 19,Administrative residents. Capacity; Program 20: Housing for People with Disabilities or other Special Needs; Program 21:Affirmatively Furthering Fair Housing.

Support homeownership opportunities for historically The City helps to facilitate homeownership for all segments excluded groups. Homeownership continues to be a path to of the community through the following programs: Program 2:
building financial security and inter-generational wealth, HOME Improvement; Program 3: Emergency Repairs for City of Upland General Plan Housing Element Page H-6

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which has been systematically denied to many Americans. Homeowners, Program 4: Rental Acquisition and As a society,we need to make this right by intentionally Rehabilitation; Program 6:Adequate Sites to Accommodate offering opportunities to communities who have been Regional Housing Needs, Program 12: Homeownership excluded.The housing element should identify opportunities Assistance, Program 15: Housing Incentives; Program 17:
to create a variety of for-sale housing types and create Affordable Housing at Risk of Conversion to Market Rate; programs to facilitate property ownership among excluded Program 19:Administrative Capacity; Program 21:
groups. Affirmatively Furthering Fair Housing.

Adequately plan for density. Ensure that a site's density will The following programs are intended to facilitate housing accommodate the number of homes that are projected to be production at appropriate densities in Upland Program 6:
built. In addition,make sure height limits,setback Adequate Sites to Accommodate Regional Housing Needs; requirements, FAR,and other controls allow for adequate Program 7: Specific Plans; Program 8: Reduce Potential density and the ability to achieve a site's realistic capacity. Constraints to Housing Development; Program 15 Housing Housing will not be feasible if you have a high density paired Incentives. with low height limits.This density should be emphasized around jobs and transit and should go beyond the Mullin density in those areas.

Provide sufficient zoned capacity to accommodate all income The Housing Plan identifies sites and zoning strategies to levels,including a minimum No Net Loss buffer of 30%. Not accommodate all income levels as assigned through the every site will be developed at maximum density during the RHNA.State law(Government Code 65583.2(h))requires eight-year planning period. Identify an ample amount of zoning to accommodate 100%(not 130%)of the RHNA opportunity sites and zone the sites to accommodate lower- allocation for lower-income households. income housing types(usually a statutory minimum of 30 The following programs are intended to facilitate housing dwelling units per acre)to give the city the best chance at production at appropriate densities in Upland Program 6:
meeting its RHNA. Adequate Sites to Accommodate Regional Housing Needs; Program 7:Specific Plans; Program 8: Reduce Potential
Constraints to Housing Development; Program 15 Housing
Incentives.

Use data from the 5th Cycle to calculate the likelihood of Calculating the likelihood of development on the basis of development for your 6th Cycle site inventory Likelihood of development during the previous housing cycle is not a valid development is a measure of the probability of an inventory methodology for estimating current potential for development site being developed during the planning period.The median due to significant changes in market conditions over the past likelihood of development across the state is 25%, meaning decade.The"Great Recession"that began in 2007-08 only one of every four sites will likely be developed during the resulted in a near-catastrophic collapse in property values planning period for the median city. Incorporating the and housing construction, particularly in the Inland Empire. likelihood of development into the zoned capacity will set the The RHNA is a planning goal,and cities are required to city up to successfully achieve their RHNA,making the identify adequate sites that could accommodate the RHNA housing element less of a paper exercise and more of an allocation.State law recognizes that cities do not have actionable,functional document. control over many aspects of the development process,and therefore achieving the RHNA is not a legal mandate. Many strategies have been suggested that the State Legislature could adopt to stimulate housing production,such as CEQA reform and real estate tax policy, but it has declined to do so.

To address this comment,the following programs identify actions the City intends to take to facilitate additional housing development: Program 6:Adequate Sites to Accommodate
Regional Housing Needs; Program 7: Specific Plans;
Program 8: Reduce Potential Constraints to Housing
Development; Program 9:Accessory Dwelling Units;
Program 11: Neighborhood Improvements; Program 15:

Housing Incentives.

Commit to an automatic mid-cycle adjustment if ADU The Housing Element utilizes HCD"safe harbor" permitting activity is lower than estimated in the housing methodology in estimating future potential for ADU City of Upland General Plan Housing Element Page H-7

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element.We highly recommend complying with HCD's production.This comment is addressed in Program 9:
standards of using one of its"safe harbor"methodologies to Accessory Dwelling Units,which includes a mid-cycle review anticipate future ADU production. However,if the city is and adjustment. optimistic about ADU growth,then creating an automatic mid- cycle adjustment will automatically facilitate alternative housing options(i.e.,a rezoning program,removing
development constraints,ADU incentives,etc.)if the city falls behind the estimated ADU production.

Incentivize new ADUs, including those that are rent-restricted It should be noted that ADU regulations beyond those for moderate or lower-income households or that are authorized in State law is prohibited.Also,after the State's prioritized for households with housing choice vouchers. dissolution of redevelopment agencies a significant source of Consider offering low-or no-interest loans,forgivable loans, City funding for housing was eliminated. Many worthwhile impact fee waivers for ADUs that are 750 square feet or housing activities now compete for scarce public subsidies larger,allowances to facilitate two-story and second story such as CDBG and HOME funds.This comment is also ADU construction,etc. addressed in Program 9:Accessory Dwelling Units.

Allow residential to be built in areas that are zoned for The following programs are intended to facilitate housing commercial use.There are a myriad of ways to do this, but a production in areas currently zoned for commercial use:
housing overlay is one common policy.Additionally,consider Program 6:Adequate Sites to Accommodate Regional eliminating new commercial space in mixed-use Housing Needs; Program 7:Specific Plans; Program 8:
developments where there is not a strong demand or there is Reduce Potential Constraints to Housing Development; otherwise a glut of commercial space that is unused or Program 9:Accessory Dwelling Units; Program 11:
frequently vacant. Neighborhood Improvements; Program 15: Housing Incentives.

Allow flexibility in inclusionary zoning.Cities should require "Inclusionary housing"refers to a requirement that a portion different percentages for different AMI levels.Additionally,we of new housing is made available at affordable rents or urge cities to incentivize land dedication to affordable prices.There are valid arguments among experts for and developers in order for market-rate developers to meet their against such policies,and each city must evaluate whether inclusionary requirements.Avoid getting trapped into thinking inclusionary requirements are appropriate.There are that the affordable units must be"sprinkled throughout"the currently no inclusionary requirements in Upland,and market-rate units,or require the market-rate units to look inclusionary housing is not a requirement of State housing exactly the same as the affordable ones.This should be law. balanced against not locating all of the affordable units in one place and ghettoizing neighborhoods by creating or
perpetuating racially concentrated areas of poverty.

Ensure that the city has a ministerial process for housing This comment is addressed in Program 8: Reduce Potential permitting,especially multi-family housing,and remove Constraints to Housing Development.With regard to impact impact fees for deed-restricted housing.A discretionary fees,the elimination of such fees for affordable housing process for housing development creates uncertainty and would need to be backfilled from another source or there adds to the cost of construction. For example, multi-family would be insufficient funds to provide the public facilities paid housing should not require a conditional use permit or city for by impact fees.There are limited sources of funding that council approval unless the builder is asking for unique and could be used to offset that loss. extraordinary concessions. Right-sizing governmental
constraints,entitlement processes,and impact fees will help the city successfully meet its RHNA.

Reduce parking standards and eliminate parking minimums. This comment is addressed in Program 8: Reduce Potential Minimum parking requirements are a major constraint on Constraints to Housing Development. housing,especially for lower cost housing types.They can cost in excess of$30,000 per spot and can raise rents by as much as 17%,and eliminating them is particularly important for smaller&other spatially constrained sites.Consider
adopting a parking maximum.

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Cap fees on all new housing. Most construction costs are The City is serious about facilitating the construction of new outside the City's control,but reducing impact fees can housing. However,this comment disregards the fact that demonstrate that a city is serious about building new impact fees are determined by the cost of providing public housing.At a minimum,cities should delay the collection of services and facilities,and cannot be reduced without impact fees until the issuance of the certificate of occupancy rendering the services financially infeasible. to reduce financial impacts on new housing and make the units cheaper by not asking the developer to carry impact fee charges or debt throughout the construction phase.

Provide local funding. One of the largest barriers to building This comment correctly notes that public funding is a major new affordable homes is the lack of city/county funds limiting factor on affordable housing development. However, available to assemble sites, provide gap funding,and to pay increased taxes on real estate is not a universally accepted for dedicated staff.Without new funding,especially at the strategy for raising additional funding.A statewide real estate local level,we will not be able to build more affordable transfer tax of$1.10 per$1,000 is assessed on transactions. homes.There are three new revenue streams that should be In addition,SB 2 of 2017(the Building Homes and Job Act) considered: 1)Transfer tax,a one-time payment levied by a requires County Recorders to charge an additional$75 fee at jurisdiction on the sale of a home, may be utilized to raise the time of recording every real estate instrument,paper,or much needed revenue to fund affordable homes;2)Vacancy notice,except those expressly exempted from payment of tax may be collected on vacant land to convince landowners recording fees, per each transaction per parcel of real to sell their underutilized properties and be used to fund the property, not to exceed$225 per single transaction. Funds construction of affordable homes;3)Commercial linkage fees raised by this fee are used to support affordable housing. should be adopted or revisited for increases on new
commercial developments.

Upland Housing Element Stakeholders
Pacific Lifeline San Bernardino,CA 92405
315 N. San Antonio Avenue info litimeforchangefoundation.or.

Upland,CA 91786
Linc Housing
Foothill Family Shelter 3590 Elm Avenue.
1501 W.9th Street,Suite D Long Beach,CA 90807 Upland,CA 91786
National CORE
Inland Regional Center 9421 Haven Avenue
1365 S.Waterman Avenue Rancho Cucamonga,CA 91730
San Bernardino,CA 92408
Inland Fair Housing and Mediation Board
San Bernardino County Housing Authority 1500 South Haven Avenue,Suite 100 1200 N.Campus Avenue Ontario,CA 91761
Upland,CA 91786
Inland Valley Hope Partners
1753 N.Park Avenue Neighborhood Partnership Housing Services Pomona,CA 91786 9551 Pittsburgh Avenue
Rancho Cucamonga,CA 91730
Inland Valley Recovery Services Neighborhood Housing Services of The Inland Empire 1260 E.Arrow Hwy 1845 Business Center Drive South,Suite 120 Upland,CA 91786 San Bernardino,CA 92408
Time for Change Foundation Building Industry Association 2164 N.Mountain View Ave 3891 11th Street
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Riverside,CA 92501
Century Communities
Apartment Association Greater Inland Empire 4695 MacArthur Court,Suite#350 8250 White Oak Avenue,Suite 00 Newport Beach,CA 92660 Rancho Cucamonga,CA 91730
Frontier Communities
County of San Bernardino Economic Development 2151 E.Convention Center Way Agency Suite 114
385 N.Arrowhead Avenue Ontario,CA 91764
San Bernardino,CA 92455
San Bernardino Association of Governments
Lewis Land Developers 1170 W.3rd Street,Suite 140 1156 N.Mountain Avenue San Bernardino,CA 92410
Upland,CA 91786
Upland Chamber of Commerce
KB Homes 215 N.2nd Ave Suite D
36310 Inland Valley Drive Upland,CA 91786
Wildomar,CA 92595
OmniTrans
Lennar Homes 1700 W.Fifth Street
980 Montecito Drive,Suite 302 San Bernardino,CA 92411 Corona,CA 92879
Community Action Partnership of San Bernardino
RC Homes,Inc. County
Ridge Crest Real Estate,LLC 696 S.Tippecanoe Avenue 550 N.Larchmont Blvd.,Suite 201 San Bernardino,CA 92408 Los Angeles,CA 90004
Upland Unified School District
GFR Homes 390 N.Euclid Avenue
434 N.2nd Avenue Upland,CA 91786
Upland,CA 91786
Habitat for Humanity California
Williams Homes 2200 Ritchey Street
21080 Centre Pointe Pkwy. Santa Ana,CA 92705
Santa Clarita,CA 91350
Pomona Valley Habitat for Humanity
Diversified Pacific 2111 Bonita Ave
10621 Civic Center Drive La Verne,CA 91750-4927
Rancho Cucamonga,CA 91730 [email protected]
Taylor Morrison San Bernardino Area Habitat for Humanity 4695 MacArthur Court 25948 Business Center Dr
8th Floor Redlands,CA 92374
Newport Beach,CA 92660
[email protected] Southern California Association of Non-Profit Housing 340 E.2nd Street,Suite 406
Los Angeles,CA 90012
Jamboree Housing Corporation
17701 Cowan Suite 200
Irvine,CA 92614
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2. HOUSING NEEDS
This chapter provides an overview of Upland's demographic, economic, housing, and special needs characteristics and trends and identifies issues that affect the city's existing and future housing needs.

Demographic Trends
Population Growth
Upland had an estimated 2020 total population of 78,814 including 682 living in group quarters according to the California Department of Finance. Figure H-1 shows population growth trends in Upland from 2000 to 2020. Over this period Upland's annual growth rate of 0.7%was the same as the region as a whole.

Figure H-1 Population Growth 2000-2020—Upland vs. SCAG Region

84.0 19_5
78_0 19.0

76.0 18.5
44 74.0 18.0

72.4 17,5

74.4 17.0=
~GS_4 16,5

66.4 16.0

64.0 15,5

62.0 15_o
2000 2005 2010 2015 2020
Upland 68,393 72,216 73,732 76,620 78,814 �SGAf 16,516,703 17,541,873 18,051,534 18,731,941 19,021,787 CA DOF E-5 Popuioiron and Nausing Unit Estimates
Population Age and Gender
Different age groups have different housing needs based on lifestyles,family types,income levels,and housing preference. Typically, younger households seek affordable rental housing opportunities as they begin their careers. As adults spend more time in the workforce and form families, they may seek larger homes and opportunities to build equity through home ownership. Seniors may eventually choose to trade down larger homes that once accommodated children to smaller and more affordable homes.

The population of Upland is 48%male and 52% female.The share of the population of Upland that is under 18 years of age is approximately 22%,which is slightly lower than the regional share of 23%. Upland's seniors (65 and above) make up about 15% of the population compared to 13% for the regional as a whole (Figure H-2).

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Figure H-2 Population by Age and Gender— Upland
4r000
3,000
2,000
MP „ Ili 2S-25 30-34 35-22 40-44 il

1.000 2,000
3r000
4r000
■Mele ■Female
Amerioort Community Swuey 2 014-2 018 5-Year estimotes
Household Size
Figure H-3 illustrates the range of household sizes in Upland for homeowners,renters,and overall.The most commonly occurring household size is of two people (33%) and the second-most commonly occurring household is of one person(23%).Upland has a similar share of single-person households as the SCAG region overall (23%) and a smaller share of large households with 7+ persons than the SCAG region overall (1%vs. 3%).

Figure H-3 Household Size by Tenure - Upland
-

35.0 -

30.Y —
s 15.0

10.0%
N. 5
Mi

5.Q6

4.06 1 = 3 4 5 6 7+ Number of People per Household
•Renter ■owner ■Total
Amerimtr Community Sarvey 2 01 4-2 013 5-year estimotes.

Employment Characteristics
According to recent Census estimates, Upland has 37,178 workers living within its borders who work across 13 major industrial sectors. Figure H-4 shows that most prevalent industry for Upland residents is Education &Social Services with approximately 24% of the total while the second most prevalent industry is Retail trade with 12% of employed residents. The largest employers in Upland are San Antonio Community Hospital, Upland Unified School District,Home Depot and Upland Rehabilitation and Care Center.

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Figure H-4 Employment by Industry - Upland
Aglc,L_t,.re ' 136
Construction 2,181
Manufacturing 3,530
Wholesale Rrride 1,025
Retail Trade 4,339
Transportation 2,870
Information 660
Finance 2,385
Professional Services 4,190
Education&Social Services 8,799
Arts,Entertainment,Recreation 3,385
Crtlier 2,090
Public Adminiristr lion 1,588
0 1,000 2r000 3,000 4,1500 5,000 6,000 7,000 8r000 8,400 10r0O0 Amerimn Community 561Tvey 2 014-2 013 5-year estin]otes wing groupings of 2-digit 111.4105 codes.

As shown in Figure H-5,the most prevalent occupational category in Upland is Management,in which about 38% of employees work. The second-most prevalent type of work is in Sales, which employs about 25% of residents.

Figure H-5 Employment by Occupation - Upland

45.a..
616,627

35.0%

30.0%
a,sse
+2r�.� �743t617

15.0 1
A6
675,664

0.0% A Iii
�■
Management services Sales Natural Resources Production - Upland 382% 17.9% 24.6% 5.1% 13.6%
•SCAG 342% 19.6% 228% 8.6% 1_4.6%
• Upland •SCAG
American Community 5 rve'2014-20185-Yearesrimotes wing groupings ofSOCcodes.

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Housing Characteristics
This section describes housing characteristics and trends including housing type, tenure (owner vs. renter), vacancy,age and condition,housing prices and rents,and homeownership rates.

Housing Type
A range in housing types and prices allows residents of all ages and incomes the opportunity to find adequate housing in Upland.As shown • a. in Figure H-6, the most prevalent housing type in Upland is single- family detached homes. According to recent Department of Finance estimates, the share of all single-family housing units in Upland is approximately 64%,which is higher than the 62% share for the SCAG T =. region as a whole. The estimated vacancy rate is 2.8% and the average household size (as expressed by the population to housing unit ratio) ismob. _ •
approximately 2.9. „, ;L4
Looking forward, the City of Upland anticipates continued residential growth in several focus areas and specific plan areas such as the Foothill Boulevard corridor,College Heights,and Downtown.

Figure H-6 Housing Units by Type— Upland vs. SCAG Region iocv
SO%
sa%
16,164
sa%
50%
40%
30% 6,294
10% 1 762 2 915 I
365
— —
0%
Sine Family Singe-Family Multifamily,2-4 Units Multifamily,5+Unite Mobile Homes Detached Attached
■Upland;%} 57.7% 6.3% 10"4% 22.5% 3.1%
■SLAG;%) 54.4% 7.2% 7.5% 27.3% 3.5%
C.4 DOFF-5 Population and Housing Unit Fsirmates
Housing Tenure
Tenure refers to whether a household owns or rents a home.Ample homeownership and rental opportunities allow people of all incomes and household sizes to choose the type of housing and location best suited to their needs and preferences. Vacancy rates, in combination with housing tenure, also affect the prices and rents charged for housing. Recent Census data estimated that Upland's housing stock consists of 26,875 total units, 14,718 of which are owner-occupied and 12,157 of which are renter-occupied (Figure H-7). The home ownership rate in Upland is slightly higher than in the SCAG region overall.

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Figure H-7 Housing Tenure— Upland vs. SCAG Region

60.0% 54.8%

55.%

50.0% 45.2% 47.5%
= 40.0%

30.0i6
" 20.06

10.0%

0.0%
Upland SCE`
■Owner(%) ■Renter(%)
Arnerioorr Community Swvey 2 014-2 013 5-year estimates.

Figure H-8 shows recent Census estimated of housing tenure for different age groups. As may be expected, younger residents are more likely to be renters while those over age 45 are more often homeowners.

Figure H-8 Housing Tenure by Age— Upland
4,000
3,500
3,000 —
2,500
2,004 —
1,500I[ L
1,00O
54O
15-24 25-34 35-44 45-54 55-59 fi0 64 65-74 75-84 85+ ■0wner 43 1,024 1,784 2,980 2,031 1,858 2,711 1,611 676 ■Renter 732 3,389 2,842 2,082 920 812 853 332 195 Arnerioarr Community 5uuvey 2014-2013 5-year esrimotes.

Vacancy Rates
Housing vacancies are one measure of how well the supply of housing matches the demand.Typically,housing vacancy rates of 5% for apartments and 1% to 2% for owner-occupied homes are considered to be a healthy housing market with enough vacancies to provide consumers with sufficient choices for different types of housing products,and that developers have a financial incentive to continue building housing.Higher vacancy rates may lead to price depreciation while lower vacancy rates indicate a tight market and generally cause housing rents and prices to increase.

According to recent Census estimates, Upland's overall vacancy rate is approximately 2.8%. The various categories of vacant units for Upland and the entire SCAG region are shown in Figure H-9. In Upland the highest number of reported vacant units was "other" while "seasonal" vacant units were most common throughout the region. The estimated vacancy rate in 2019 was 0% for owner-occupied units and 5.7% for rental units.

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Figure H-9 Vacant Units by Type — Upland vs. SCAG Region 45%
3 35%
30% :--
> 25% 20.7%
2tP 1.
5 15% S2.
8 irr 8.3% 8.4 7.9% 10.2%
Ii II I.

4.0%0.3%
For Rent Rented For Sale Said Seasonal Migrant
■Upland ■SCE
Arm rime Community Stuvey 201¢20185-year estimotes.

Housing Age and Condition
Well-maintained housing is important for maintaining property values and neighborhood stability. However, the majority of homes in Upland are over 50 years old, indicating a need for ongoing maintenance and rehabilitation such as roof repair,painting,landscaping,and exterior finishes. Homes between 30 and 50 years typically require more significant maintenance and even renovation. Generally, homes built 50 or more years ago (unless well maintained) are more likely to require substantial repairs or need renovation.

Another concern related to the age of housing is That homes built prior to 1978 typically contain lead-based paint, which can cause hazardous health conditions for children (specifically, developmental delays). Health hazards occur when the paint chips and is inhaled by residents, particularly children. Since 1978, the federal government has banned the use of lead-based paint.

Figure H-10 shows the age of Upland's housing stock. City staff estimates that approximately 70-80% of housing units(approximately 21,000 units)may be in need of minor repair while one-third(approximately 9,000 units) may require more substantial rehabilitation.Most of the homes in need of repair are located in the older southern portions of the city,while the majority of newer housing is located in the northern area. The City's code enforcement activities are primarily based on complaints. When violations are noted, City staff directs residents to programs that may be available to assist lower-income residents with needed repairs.

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Figure H-10 Age of Housing Stock— Upland vs. SCAG Region 30%
25%
^�
20%
15%
10%
55b
5: r
2014& 2010- 2000- 199 - 1980- 1970- 1990- 1950- 1940- 1939& Later 2013 2009 1999 1989 1979 1969 1959 1949 Earlier Upland(%) 0_7% L9% 8.0% 8.1% 21.2% 24. % 16.6% 11_5% 3.4% 3.8% SCG(%) L0% L5% 10.1% 9.5% 15.0% 162% 14.5% 15.9% 6.9% 9.3% ■LI pland(%) ■SCAG{%M
American CammLin/iv Serve},201¢2013 5-year extimotes.

Housing Cost and Affordability
Housing Affordability Criteria
State law establishes five income categories for purposes of housing programs based on the area (i.e., County) median income(AMI):extremely low(30%or less of AMI),very-low(31-50%of AMI),low(51-80%of AMI), moderate (81-120%of AMI) and above moderate (over 120% of AMI). Housing affordability is based on the relationship between household income and housing expenses. According to HUD and the California Department of Housing and Community Development, housing is considered "affordable" if the monthly payment is no more than 30% of a household's gross income. In some areas, these income limits may be increased to adjust for high housing costs.

Table H-2 shows affordable rent levels and estimated affordable purchase prices for housing in San Bernardino County by income category for on a 4-person family.Based on 2022 State standards,the maximum affordable monthly rent for extremely-low-income households is $694,while the maximum affordable rent for very-low- income households is $1,100. The maximum affordable rent for low-income households is $1,760,while the maximum for moderate-income households is $2,623.

Affordable purchase prices are more difficult to determine due to variations in conditions such as mortgage interest rates and qualifying procedures,down payments,special tax assessments,homeowner association fees, and property insurance rates.With this caveat,the maximum home purchase prices by income category shown in Table H-2 have been estimated based on typical current conditions.

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Table H-2 Affordable Housing Costs — San Bernardino County Affordable Price
Income Category Maximum Income_ Affordable Rent (est.) Extremely low $27,750 $694 *
Very low $44,000 $1,100
Low $70,400 $1,760 *
Moderate $104,900 $2,623 $400,000 Above moderate Over$104,900 Over$2,623 Over$400,000 Assumptions:
-Based on a family of 4 and 2022 State income limits
-30%of gross income for rent or principal,interest,taxes&insurance plus utility allowance -10%down payment,5.5%interest,1.25%taxes&insurance,$300 HOA dues *For-sale affordable housing is typically at the moderate-income level Source:Cal.HCD;JHD Planning LLC
For-Sale Housing Cost
Between 2000 and 2018,median home sales prices in Upland increased 157%while prices in the SCAG region increased 151%. 2018 median home sales prices in Upland were $551,000 and the highest experienced since 2000 was $569,500 in 2006. Prices in Upland have ranged from a low of 91% of the SCAG region median in 2007 and a high of 118%in 2009 (Figure H-11).

Figure H-11 Median Sale Price for Existing Homes — Upland vs. SCAG Region iaoo oo0 - 14o rx
$500,000 E
f w
N f f
$400,000 r _
$300,000 :1:
-
$100,000

20.0%
$- 0.0%
ede` e tL� `Ldyv tY°yL Layb eZ7 e 'L Lett Upland SLAG - --Upland Percentage of SOAG Price
SCAG Laval Pro$es,Core Logicf:oto Quick.SCAG median home sales price calcuieted os seholdaveig ti,e s reroge of county medians.

Recent data for monthly homeowner housing costs are shown in Figure H-12. The most common amount paid is $2,000 to$3,000 in Upland and in the SCAG region as a whole.

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Figure H-12 Monthly Owner Cost for Mortgage Holders—Upland vs. SCAG Region

40.4%
• 40%
• 35% 3.496
4 30%
%
25%
20% 18.249.6% 18.17.
5 15% 1jj

2.4 .34

0.2%0 5% ■
50% Not
Computed
Percent of Income Spent on Rent
As illustrated in Figure H-14,lower-income households typically pay a higher proportion of their incomes for rent.

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Figure H-14 Rental Cost by Income Category— Upland
100%
0 m• 90%
, 00%
g• 70%
60%
-, 50%
cr IllilIlEE
Less than $20r000 to $35,000to $50r000 to $75,000 to $100,000 or ■ 50% 1,792 1,190 191 85 0 0 ■30-4E% 112 683 1459 1,092 213 44 ■20-29% 67 31 200 1,419 571 688 ■<20% 28 12 22 317 361 1,096
Income Category
American Community Survey 2 0242 018 5-year estanotes.

Housing Problems
Housing problems refer to overpayment, overcrowding, and the difficulties faced by extremely-low-income households.

Overcrowding
Overcrowding is often closely related to household income and the cost of housing.The U.S. Census Bureau considers a household to be overcrowded when there is more than one person per room,excluding bathrooms and kitchens, with severe overcrowding when there are more than 1.5 residents per room. Overcrowded households are usually a reflection of a shortage of affordable housing. Figure H-15 shows recent Census estimates of the prevalence of overcrowding in Upland compared to the SCAG region as a whole. Among renters, approximately 11.5% of Upland renter households reported more than 1.0 person per room while an additional 2.2% reported more than 1.5 persons per room. These rates are substantially lower than for the region as a whole.Rates of overcrowding were significantly lower for owner households.

Figure H-15 Overcrowding by Tenure— Upland vs. SCAG Region • 16.13 -
■ 14.0%
'2. 1414
r LL. :

2.2%

0.096

10.0 i ll

8.0% 6.4%
15- 6.0% .

4.0°5 2196 i356 M 0.2% -

1.0+/room 1_5+/room 1.0+/room 1.5+/room
Owner ovn'ier Renter Renter
■4lpinnd ■SLAG
American Community Survey 20l42012 5-year estimates.

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Overpayment
According to State housing policy, overpaying occurs when housing costs exceed 30% of gross household income.Table H-3 displays recent HUD estimates for overpayment by tenure and income category,and shows that overpayment is closely related to income, with lower-income households far more likely to be cost- burdened than those in higher income categories.

Although homeowners enjoy income and property tax deductions and other benefits that help to compensate for high housing costs, homeowners paying a higher percentage toward a mortgage may need to defer maintenance or repairs due to limited funds,which can lead to deterioration. For renters, severe cost burden can require families to double up resulting in overcrowding and related problems.

Table H-3 Overpayment by Income Category— Upland
Income by Cost Burden(Renters only) Cost burden Cost burden Tom >30% 50%
Household Income less-than or=30% HAMFI 1,475 1:415 1,960 Household Income>30%to less-than or=50%
HAMFI 1,415 1,125 1,585
Household Income>50%to less-than or=80%
HAMFI 1,695 500 2,000
Household Income>8D%to less-than or= 1 0 % 840 55 1,385 HAMFI
Household Income>1D0%HAMFI 84D 55 5,230
Total 6,265 3:150 12,155
Cost burden Cost burden>
Income by Cost Burden(Owners only) Toll
>30% 50%
Household Income less-than or=30% HAMFI 535 475 755 Household Income>30%to less-than or=50%
HAMFI 415 365 145
Household Income>50%to less-than or=80% 7DD 425 1,265 HAMFI
Household Income>80%to less-than or= 100%
HAMFI 52D 170 1,010
Household Income>1D0%HAMFI 2,155 265 11,045
Total 4,325 1,7D0 14,720
Source:HUD CHAS,2014-2018
HAMFI=Housing Urban Development Area Median Family Income Extremely-Low-Income Households
Housing the extremely-low-income (ELI) population (below 30% of area median income) can be especially challenging. Recent HUD data (Table H-4) provides a breakdown of extremely-low-income households by race/ethnicity and tenure.ELI households often experience overcrowding,overpayment and other difficulties.

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Table H-4 Extremely-Low-Income Housing Needs — Upland Households below Share below
Total Household& 30%HAMFI 30%HAMFI
White,non-Hispanic 13,795 1,205 8.7%
Black,non-Hispanic 1,869 480 25.7%
Asian and other,non-Hispanic 2,658 410 15.4%
Hispanic 8,805 1,255 14.3%
Total 27,127 3,350 12.3%
Renter-occupied 12,325 2,625 21.3% Owner-occupied 14,830 730 4.9%
Total 27,155 3,355 12.4%
Source:HUD CHAS,2012-2016
HAMFI=Housing Urban Development Area Median Family Income Special Housing Needs
This section contains a discussion of the housing needs of special needs groups who reside in Upland. Special needs households include seniors, large families, single-parent households, people who are homeless, farmworkers and people with disabilities.

Senior Citizens
Seniors are defined as persons 65 years or older,although for some housing purposes the age may be as low as 55 years.Federal housing data define a household type as'elderly family'if it consists of two persons with either or both age 62 or over.As shown in Table H-5,of Upland's 6,495 such households,approximately 11%earn less than 30%of median income, (compared to 24%in the SCAG region),and 23%earn less than 50%of the surrounding area income (compared to 31%in the SCAG region).

Table H-5 Elderly Households by Income and Tenure— Upland Income Category, Relative to Percent of Total SurroundingAreas Owner Renter Total ly Households 100%HAMFI 3,015 305 3,320 51.1%
Total Households 5,055 1,440 6,495
Providing appropriate housing for seniors has become an increasingly important issue for many communities.

In past years, the baby boomer generation provided the impetus and majority of demand for single-family housing. However, as this group ages and approaches retirement or elderly years, many communities will see an increased demand for all types of senior housing,from smaller condominiums to independent age-restricted housing to assisted residential settings for those requiring more supportive services.

In addition to housing, an appropriate mix of affordable support services provided locally can benefit seniors living in Upland. Support services are essential in facilitating the ability of seniors to live as independently as possible without having to change their residences. Services can include transportation, health care, home maintenance assistance,and low-cost loans or grants to rehabilitate homes.

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The City uses its CDBG funds,and implements the Emergency Repair Program(ERP),which provides a grant up to$15,000 to make emergency repairs and/or code violations corrections.Many of the ERP grants that the City processes are for low-income seniors living in mobile home parks and help to address safety and emergency repairs that they cannot afford. The City also uses its Home Improvement Program (HIP) funds from Ca1HOME and HOME which provides a deferred low or no interest loans (silent seconds) of up to $90,000 which allows low-income seniors the ability to address life/safety repairs, or upgrades to their home due to a lack of ongoing maintenance.

The City also supports the housing needs of seniors through reasonable accommodation for persons with disabilities as well as programs including Program 9: Accessory Dwelling Units, Program 13: Rental Housing Assistance and Program 16:Mobile Home Rent Stabilization.

In addition to these housing programs, the City's
Gibson Senior Center' serves over 3,500 seniors each GE O R G E M. GIRSON month with a lunch program and over 40 classes and
activities taking place weekly,with over half of those SENIOR CENTER being free.

The Gibson Center also hosts free monthly health
lectures with community doctors, free non-invasive
medical screenings, free AARP Tax-Aide, AARP 55
Alive Driver Safety courses, a free Fall flu shot clinic and wellness faire, non-biased medical insurance - =' '
counseling, and a multitude of services at little to no ►%;. i air -r ',art
cost to seniors.

Persons with Disabilities
Physical, mental, and/or developmental disabilities are impairments that substantially limit life activities and make it difficult to care for oneself.Because of that,persons with disabilities have special housing needs.Many disabled persons live on fixed incomes, thus limiting their ability to afford housing. Persons with a disability may also have limited housing choices (e.g., single-story homes or projects with elevators). Someone with a visual impairment may require a home that allows service animals.

Recent Census estimates reported that the most prevalent types of disabilities for Upland residents were ambulatory and independent living disabilities (Figure H-16). Of those aged 65 and over, ambulatory difficulties were the most common type of disability, with approximately 25% of Upland seniors affected (Figure H-17). As seen in Table H-6, over one-third of those with a disability in Upland were employed.

Housing opportunities for persons with disabilities can be maximized through housing assistance programs and universal design features such as widened doorways,ramps,lowered countertops,single-level units and ground floor units.

The Housing Plan addresses the housing needs of persons with disabilities through Program 2: HOME Improvement, Program 3: Emergency Repairs for Homeowners, Program 9: Accessory Dwelling Units, Program 13:Rental Housing Assistance,Program 16:Mobile Home Rent Stabilization,Program 17:Affordable 1 https://www.uplandca.gov/gibson-senior-center
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Housing at Risk of Conversion to Market Rate, Program 18: Homeless Services and Facilities, Program 20:

Housing for People with Disabilities or other Special Needs, and Program 21: Affirmatively Furthering Fair Housing.

The Emergency Repair Program (ERP),which is funded with the City's share of CDBG,provides a grant up to $15,000 to make emergency repairs and/or code violations corrections, but also includes addressing Americans with Disabilities Act (ADA) such as ramps, widening doorways, and any other improvements necessary to comply with ADA improvements for disabled persons who are on fixed incomes and make up to 80% of the Area Median Income.

Figure H-16 Disabilities by Type — Upland
Indeper,der.t L<virIg 3.349
Self-care 11,896
Ambulatory 4,499
Cognitive 2,944
Vision 1,726
Hearing 2,393
0 500 1,000 1,500 2,000 2,500 3,000 3,500 4,000 4,500 5,000 American Community y Survey 2 014-2 018 5-year estimates.

Figure H-17 Disabilities by Type for Seniors 65+— Upland 3aorr

24.6X.
25- 22.996

16.947-5%
15-t% 13 13.1%

9.5%10.1% 1A.2°40.5%
F
1111111111
5n
Hearing Vision Cognitive Ambulatory Self-cure Independent Living •Upland Percent ■SCAG Regan Percent
Arneriovrr Community Survey 2014-2018 5-year estimates.

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Table H-6 Disabilities by Employment Status — Upland With a Disability Percent of Total No Disability Percent of Total Employed 1,488 37% 33,258 76%
Unemployed 262 7% 1,893 4%
Not in Labor Force 2,222 56% 8,880 20%
Total 3,972 44,031
Source:American Community Survey,2014-2018 5-year estimates Developmental Disabilities
State law defines "Developmental disability"to mean a disability that originates before an individual attains age 18 years,continues,or can be expected to continue,indefinitely,and constitutes a substantial disability for that individual. As defined by the Director of Developmental Services,in consultation with the Superintendent of Public Instruction, this term shall include mental retardation, cerebral palsy, epilepsy, and autism. This term shall also include disabling conditions found to be closely related to mental retardation or to require treatment similar to that required for individuals with mental retardation, but shall not include other handicapping conditions that are solely physical in nature.

The California Department of Developmental Services (DDS) provides community services to persons with developmental disables and their families through a system of regional centers.In San Bernardino County,the Inland Regional Center(IRC)is the local service provider for the State Department of Developmental Services.

The center provides access to a variety of resources such as educational, employment, health, and housing to persons with developmental disabilities. The IRC coordinates housing programs with In-Home Supportive Services (through the County Department of Aging and Adult Services) and family support services such as respite, for persons living at home with the family. Respite services may include a behavior modification specialist and educational services. The IRC also provides transportation vouchers. Recent DDS data for persons in Upland is provided in Table H-7.

Many persons with developmental disabilities may live independently with minimal supervision. Others may live in a group facility with some supervision,while more severe conditions may require institutional living with regular supervision.

Table H-7 Developmental Disabilities— U land
By Residenc
Home of parent/family/guardian 455
Independent/supported living 31
Community care facility 30
Intermediate care facility 85
Foster/family home 19
Other 5
0-17 years 625
18+years 297
Total 1,547
California DDS consumer count by California ZIP code,age group,and residence type for the end of June 2019.Data available in 161/197 SCAG jurisdictions
Upland has a variety of services available for people with disabilities. Centerbest Neurofeedback Centers for Success, Scheu Family YMCA, OPARC, and Easter Seals Child Development Center provide programs to City of Upland General Plan Housing Element Page H-25

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enhance the independent living skills for those with a disability. Services may include advocacy, counseling, employment assistance,housing referrals,and transportation to medical appointments.

Large Families
Household size is an indicator of need for large units.Large households are defined as those with five or more members.Among both owners and renters,more than half of all households have only one or two members.

According to recent Census estimates, about 12% of all households in Upland had five or more members.

Families with five or more persons require larger units with three or more bedrooms in order to avoid overcrowding.

The Housing Plan addresses the needs of large families,particularly those with lower incomes,through Program 2: HOME Improvement, Program 3: Emergency Repairs for Homeowners, Program 13: Rental Housing Assistance, Program 16: Mobile Home Rent Stabilization, Program 17: Affordable Housing at Risk of Conversion to Market Rate and Program 21: Affirmatively Furthering Fair Housing. The City's Home Improvement Program (HIP) provides a deferred low or no interest loans (silent seconds) of up to$90,000 to low-income households with incomes up to 80%of the Area Median Income for owner-occupied homes.The City uses its CaiHOME and HOME funds for this program.The HIP would enable large family household to expand the number of bedrooms to help address overcrowding.

Female-Headed Households
Female headed households typically have greater housing needs than other households due to their limited income and higher expenses.According to recent Census Bureau estimates (Figure H-18),approximately 14% of Upland households are female-headed (compared to 14%in the SCAG region), 6%are female-headed and with children (compared to 7%in the SCAG region), and 0.6% are female-headed and with children under 6 (compared to 1%in the SCAG region).

Figure H-18 Female Headed Households — Upland
FHH iv/children under 6 10.6%;153
FHH*children MI 6.3%;1693
Total FHH 13.9%;3745
Total Households 26675
0 5000 10000 15000 20000 25000 30000
Percent of total househods;Number of Iiouseholds
Arnerimn Community Survey 202¢201S 5-year estimates.

It is estimated that about 7%percent of Upland's households are experiencing poverty,compared to 8%of all households in the SCAG region.Nearly half of Upland households below the poverty line were female-headed households (Figure H-19).

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May 2024
Figure H-19 Female Headed Households by Poverty Status — Upland Femn_e-leaded with i i or more c:i.Idrei i - 1014;265
Female-headed with children 2.4%;640
Feri le-headed 3.29 867
Total households in poverty 6.6%;1,782
0 200 400 600 800 1,000 1,200 1,400 1,600 1,800 2,000 Percent of total households;Number of households
Arnerimn Cammuruiy Survey 2/3142013 5-year estimates
The Housing Plan addresses the needs of female headed households, particularly those with lower incomes, through Program 2: HOME Improvement, Program 3: Emergency Repairs for Homeowners, Program 13:

Rental Housing Assistance,Program 16:Mobile Home Rent Stabilization,Program 17:Affordable Housing at Risk of Conversion to Market Rate and Program 21:Affirmatively Furthering Fair Housing.

Farmworkers
Unlike most areas of the Southern California metropolitan area, agriculture is still a significant component of the economy in San Bernardino County;however, over the past several decades agriculture has diminished in importance in Upland and adjacent areas. Recent Census estimates for agricultural employment in Upland published by SCAG in its HCD pre-approved data set(Figure H-20) shows that there were only about 24 full- time year-round jobs in the farming/fishing/forestry occupations. According to the USDA Census on agriculture population there are 2,246 farmworkers residing in San Bernardino County. As a consequence of the small population and rapidly declining agricultural production, no statistical need for housing has been identified for farmworkers. Farmworker housing needs can be met with the City's programs for lower-income housing populations.

Program 20 is included in the Housing Plan to ensure compliance with the Employee Housing Act,and other programs intended to assist lower-income persons and households would also serve any agricultural workers who may live in Upland.

City of Upland General Plan Housing Element Page H-27

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May 2024
Figure H-20 Agricultural Employment— Upland
,rnworkers by Occupation_
Percent of
total Upland
Upland workers: SCAG Tabs!
26 0.07V. 57,741 Total jobs:Farming,fishing,and forestry occupations 24 0.10% 3t,521 Full-time,year-round jobs:Farming,fishing and forestry occupations Employment ill the Agricultural Industry.:

Percent of
total Upland
Upland workers: SLAG Tabs!
110 0.30% 73,778 Total in apiculture,forestry,fishing and hunting 134 0.53% 44,979 Full-time,year-round in apiculture,forestry,fishing,arid hunting American Community Survey 2014-2012 5-year estimates wing groupings of NAJCS and SOC codes_ Homelessness
Homeless persons are defined as those who lack a fixed and adequate residence. Homelessness is a pressing issue for many communities, and the varied dimensions involved have implications for housing programs.

People who are homeless may be chronically homeless (perhaps due to substance abuse) or situationally homeless resulting from job loss,family strife,incarceration,or violence.Homeless people face critical housing challenges due to their very low incomes and other problems.

Counting the homeless population is problematic due to its transient nature. According to the 2020 San Bernardino County Homeless Count and Subpopulation Survey Report2 there were 44 unsheltered and no sheltered homeless persons in Upland at the time of the survey.

Housing accommodations for homeless people include emergency shelters, navigation centers, transitional housing, and permanent supportive housing. The City helps to support the establishment and operation of these types of facilities by ensuring that City regulations are consistent with current law (see Program 20:

Housing for People with Disabilities or other Special Needs). Facilities serving the homeless in Upland are briefly summarized below.
• Foothill Family Shelter. Foothill Family Shelter is the primary facility serving Upland's homeless. This facility provides emergency shelter,transitional housing,and permanent housing in one center for homeless individuals and families.It includes 75 emergency beds,7 short-term apartments for homeless families with children, 12 transitional housing apartments,and 8 apartments for affordable permanent housing. • Pacific Lifeline Ministry. Pacific Lifeline Ministry in Upland is a faith-based ministry that empowers women and children facing chronic homelessness to achieve personal and social stability. Pacific Lifeline provides 28 beds for women and their young children at a transitional shelter in Upland. As part of the 2 https://wp.sbcounty.gov/dbh/sbchp/wp-content/uploads/sites/2/2020/04/2020-SBC-Homeless-Count-Report.pdf City of Upland General Plan Housing Element Page H-28

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Upland City CouncilSeptember 23, 2024

Upland City Council
September 23, 2024