Agenda packet — Upland City Council, October 14, 2024 (part 2 of 2)

Work Site.

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.

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.

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.

Warranty. Contractor warrants all Services under the Contract(which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10)days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Contract, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of 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 -Zo-

Page 111 of 237 ends

thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

Fees and Payments.

Compensation. Contractor shall receive compensation, including authorized reimbursements,for all Services rendered under this Agreement at the rates set forth in Exhibit"C" attached hereto and incorporated herein by reference. The total compensation shall not exceed fifty-six thousand dollars ($56,000.00) without written approval of City's Manager. Extra Work may be authorized, as described below.

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.

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.

Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

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

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, -11-

Page 112 of 237 ends

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.

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

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

Termination of Agreement.

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.

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.

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.
-12-

Page 113 of 237 ends

General Provisions.

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:

CLS Landscape Management, Inc., Pat Strohman, Vice President 4329 State Street
Montclair, CA 91763
City:

City of Upland
460 N. Euclid Avenue
Upland, CA 91786
Attn: Chief Water Treatment Operator
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.

Indemnification.

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.

Page 114 of 237 ends

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.

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.

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

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

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

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.

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 work days. 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.

Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. -14-

Page 115 of 237 ends

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.

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.

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.

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.

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.

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.

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

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.

Fleet Compliance.

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 "D" and incorporated herein by this reference.
-15-

Page 116 of 237 ends

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.

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]
-16-

Page 117 of 237 ends

SIGNATURE PAGE FOR

MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF UPLAND
AND CLS LANDSCAPE MANAGEMENT, INC.

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

CITY OF UPLAND CLS Landscape Management, Inc.

APPROVED BY:

By:

MICHAEL BLAY,
City Manager Its:

Printed
ATTESTED BY: Name:

By:

KERI JOHNSON,
City Clerk Its:

Printed
APPROVED AS TO FORM: Name:

Best Best & Krieger LLP
City Attorney
Contractor's License Number
DIR Registration Number
- 17-

Page 118 of 237 ends

EXHIBIT A

SCOPE OF SERVICES
• Remove any litter/trash on-site before the abatement begins. • Cutting down existing weeds throughout the site as close to existing grade as possible. • All weed and plant growth surrounding the control gates and control structures shall be removed for a minimum distance of ten (10)feet
• Herbicide spraying to the dirt areas shall take place after abatement of weeds has been completed.

Project Location:

1. Plant#12—1258 W 9th Street

2. Plant#14—467 N Campus Ave

3. Plant#5— 1505 E 16th Street

4. Plant#11—149 N Benson Avenue

5. Plant#2— 1285%W 24th Street

6. Plant#10—250 N Benson Avenue

7. Plant#13—159 N 6th Avenue

8. City Well#17—1638 N Benson Avenue

9. Plant#4—401 E 19th Street

10. Plant#6—580 E 15th Street

11. Plant#1—2545 Mountain Lane

12. Plant#3— 1090 W 22nd Street

13. Reclamation Plant

14. City Well#15—2006 N Campus Avenue

15. Hydro Generator—2351 Paloma Curve

16. Lemon Heights#4—1552 W 16th Street

17. Plant#7— 1655 W 17th Street

18. Plant#9— 1355 N Benson Avenue

19. Upland Foothill#3—1332 Charmaine Drive

20. West End #3—1850 W 16th Street

21. West End #4—1850 W 16th Street
-18-

Page 119 of 237 ends

EXHIBIT B

SCHEDULE OF SERVICES
Maintenance will be performed monthly at each site listed in Exhibit A. - 19-

Page 120 of 237 ends

EXHIBIT C
RATES
UPLAND WELL SITES MONTHLY QUARTERLY
250 N . Benson Avenue $23 . 00 $550. 00
2006 A . Campus Avenue $253 . 00 $550. 00
1355 N . Benson Avenue $253 . 00 $550 . 00
1090 w . 22nd Street $293 . 00 $590 . 00 1285 W . 24th Street $253 . 00 $550 . 00 1655 W . 17th Street $343 . 00 $590 . 00 2545 Mountain Lane $433 . 00 $640 . 00
2351 Pa1oma Curve $163 . 00 $325 . 00
1850 W . 16th Street $253 . 00 $550 . 00 1850 W . 16th Street $208 . 00 $505 . 00 1552 W . 16th Street $208 . 00 $505 . 00 Campus Ave. & 17th Street $208 . 00 $320 . 00 1638 N . Benson Avenue $208 . 00 $505 . 00
401 E . 19th Street $253 . 00 $505 . 00
580 E . 15th Street $253 . 00 $640 . 00
1505 E . 16th Street $748 . 00 $1, 000 . 00 455 S . Campus Avenue $208 . 00 $370 . 00 159 N . 6th Avenue $208 . 00 $370 . 00
1258 W. 9th Street $208 . 00 $505 . 00
149 N. Benson Avenue $208 . 00 $505 . 00
1332 Charmaine Drive $843 . 00 $505 . 00
PER MONTH 'TOTAL = $5 f 758 . 00 X 12 MO = $69, 096. 00 PER QUARTER TOTAL = $11, 130 . 00 X 4 QTR = $44 , 520 . 00 Bid includes all labor and materials needed.
-20-

Page 121 of 237 ends

EXFiHILQ

FLEET COMPLIANCE CERTIFICATION
Bidder hereby Ei.010.0vviedges that 'hey have reviewed the California Air ResourCea Board's poEries, rules and re ulatiOrts and are familiar liar with the requirements of Titre 13, California C o of Reg u lation S, Division 3. Chapter , effective inn ,January 1, 2024 (the 'Regulation"). Bidder hereby ceitifies, subject to penally for perjury_ that the option checked below relating to the Didder's fleet, and/or that of their sub cintrec1c n .) (`Fleet") is true and correct:
0 The Fleet is subject is the req u iremenls of the Regulation, and the appropriate Cectihc.ate(s) of Reported Compliance have been attached herelb.

WThe Fleet Is exempt from the Regulation under section 2449.0)(2), and a signed description of the subject vehicles, and reesoa'nrtp for axernptiof has been. 411aCted hereto.

Bidder error their subcorrtraaior is unable to procure R99 or R1 renewable diesel fuel as defined in the Relation pursuant to section 24A9.1 0f)03) Bidder shall keep detelled records describing 1ho narrnal refueling methods, their attempts to procure renewable diesel fuel and proof that Shows they were riot able to procure renewable diesel (Le. third party correspondlenc.e.or vendor bids)
0 The Fleet is exempt from lho requirements of the Regulation pursuant to SeCCio'n 24490)(4) because this Project has .Seen deemed an Emergency, as defined under e'Lion 2449(c).(1 a) iidder shall oc}y operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be ma into ined, pursuant to section 2449(0(4),
1_1 The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reascninro is attached hereto
Nara of 9idd r. JS_.L
i eq.
f(Lfic
Signature: —
Name; _c_4j22:L 14124 j„,
Title- A),
Cate: —
E F[IBLT D
-21-

Page 122 of 237 ends

EXHIBIT D (Continued)
October 2, 2024
CLS
p.M.n.s.rFIL Ine
License No.MD City of Upland
QTQ Liz Rodriguez
4129 stale sl[oel 1370 N Benson Ave
Manic biz,CA Si L753
Phone:(9C9)628-3405 [Upland, Ca 91786
MO)
Fax: OM 441-LOal
W w WfiISI9LLisC9p'-wICI
Dear Liz,
CLS Landscape Managernent Inc_ trucks are not under a Carly Program. We are not using heavy equipment that would be under that program, We are.using/ ton trucks that use gas.

Please let us know if you have any other questions.

Sincerely,
Pat Strohman
Vice President
-22-

Page 123 of 237 ends

CITY OF UPLAND

MAINTENANCE SERVICES AGREEMENT
PARTIES AND DATE.

This Agreement is made and entered into this 9th 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 CLS Landscape Management Inc, a California corporation with its principal place of business at 4711 Schaefer Ave, Chino, CA 91710 ("Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.

RECITALS.

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 WEED ABATEMENT 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.

Project.

City desires to engage Contractor to render such services for the weed abatement services project for the Upland Basin ("Project") as set forth in this Agreement.

TERMS.

Scope of Services and Term.

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 weed abatement maintenance services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

Term. The term of this Agreement shall be from September 9, 2024 to June 30, 2025, unless earlier terminated as provided herein. 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.

Page 124 of 237 ends

Responsibilities of Contractor.

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 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.

Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

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

City's Representative. The City hereby designates Norberto Ferreira, Chief Water Treatment Operator, 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.

Contractor's Representative. Contractor hereby designates Pat Strohman, Vice President, or his or her designee, to act as its representative for the performance of this -2-

Page 125 of 237 ends

Agreement ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor's 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.

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.

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.

Period of Performance and Liquidated Damages. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above ("Performance Time"). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits "A" or "B" attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of Two Hundred and Fifty Dollars ($250) per day for each and every calendar day of delay beyond the Performance Time or beyond any completion schedule or Project milestones established pursuant to this Agreement.

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.

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 -3-

Page 126 of 237 ends

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.

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.

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.

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. -4-

Page 127 of 237 ends

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.

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.

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

Water Quality.

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.

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.

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 -5-

Page 128 of 237 ends

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.

Insurance.

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.

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:

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.

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 general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: One million dollars ($1,000,000) per accident for bodily injury and property damage; and (3) Workers'Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of One million dollars ($1,000,000) per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits.

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 -6-

Page 129 of 237 ends

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.

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.

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:

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

3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(A).

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).

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.
-7-

Page 130 of 237 ends

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.

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.

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.

Subcontractor Insurance Requirements. Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Contractor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City shall be named as additional insureds on all subcontractors' policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.

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.

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.

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.
-8-

Page 131 of 237 ends

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

Bonds.

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

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

Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

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. -9-

Page 132 of 237 ends

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.

Work Site.

Warranty. Contractor warrants all Services under the Contract(which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year(or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10)days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Contract, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether -10-

Page 133 of 237 ends

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.

Fees and Payments.

Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

Page 134 of 237 ends

"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.

Termination of Agreement.

Page 135 of 237 ends

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

General Provisions.

Contractor:

CLS Landscape Management, Inc., Pat Strohman, Vice President 4329 State Street
Montclair, CA 91763
City:

City of Upland
460 N. Euclid Avenue
Upland, CA 91786
Attn: Chief Water Treatment Operator
With Copy To:

Indemnification.

Page 136 of 237 ends

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.

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.

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

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

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

Page 137 of 237 ends

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.

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

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.

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

Fleet Compliance.
-15-

Page 138 of 237 ends

Page 139 of 237 ends

SIGNATURE PAGE FOR

MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF UPLAND
AND CLS LANDSCAPE MANAGEMENT, INC.

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

CITY OF UPLAND CLS Landscape Management, Inc.

APPROVED BY:

MICHAEL BLAY, By:

City Manager
Its:

ATTESTED BY: Printed
Name:

KERI JOHNSON,
City Clerk By:

Its:

APPROVED AS TO FORM:

Printed
Name:

Best Best & Krieger LLP
City Attorney
Contractor's License Number
DIR Registration Number
- 17-

Page 140 of 237 ends

EXHIBIT A

SCOPE OF SERVICES
Services to be provided around the Upland Basin,these services include:
• 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.
• Light brush clearing along the Arrow Route area around the cement pipe area Project Location:

1. UPLAND BASIN, located at Monte Vista and Arrow Route - 18-

Page 141 of 237 ends

EXHIBIT B

SCHEDULE OF SERVICES
Maintenance will be performed quarterly at the site listed in Exhibit A.

Page 142 of 237 ends

EXHIBIT C
RATES
Bid includes all labor, materials and dumping fees needed.

QUARTER 1 1 14000.00
QUARTER 2 1 14000.00
QUARTER 3 1 14000.00
QUARTER 4 1 14000.00
-20-

Page 143 of 237 ends

EXH!!CILQ

FLEET COMPLIANCE CERTIFICATION
Bidder hereby eCk rlowied pes that they have reviewed the California Air Resouree& Board's pcEries, rules and regulations.and are farni liar with the requirements of Title 13, California Code of Regulations, Division 3. Charier , effective on January 1, 2024 {tli 'Regulation"). Bidder hereby eeitifies, subject to penalty for perjury. that the option checked below relating to the Bidder's fleet, a ndior that of their su laoontr2CtcrN Red') i5 true and correct:
❑ The Fleet is subject to the ieq u irerrreni of the Regulation, and fhe appropriate Certificate(s) of Reported Compliance have been attached herele.

XThe Fleet IS exempt from 1 the Regulation under section 2449 1(1)(2), and a signed description of the subjecI vehicles, and reasoning for axernptio n has been alleobed hereto.
❑ Bidder ar d1or their subcontractor Is unable is procure R99 or R 1 CIO nanewaDle diesel fuel as defined in 1 h$ Regulation pursuant to section 2449.1(f)( L) Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were riot able to procure renewable diesel (Le. third party correspondence or aer doT bids)
0 The Fleet is exempt from 1he requirements of the RekulatiOri pursuant to eedi❑±1 2449.i)(4) becaoser this Project has bean deemed an Emergency, ag defined under aRciion 2449(0{18) Bidder shall citify operate the exempted vehicles in the' emergency situation and records ' f the exempted vehicles must be ntiairrlained, pursuant to sKtion 2449(i)(4),
la The Fleet does not fall under the Regulation or are et erwrse exempted and a detailed reasoning is attached hereto
Name of Bidder_juLS___11.- 4 r „:2,414.--,
f(d.fic
Signature: —
[Name; teLe1/41)c _c112.2.11L4ALve j„,
Title- _
Elate: \ , - -

EXHIBIT D
-21-

Page 144 of 237 ends

EXHIBIT D (Continued)
Octohcr 2, 2024

C S
rrarrrpr Wdnrsrnrrt Ine
License No.d50663 City of Upland
{ r0 Liz Rodriguez
422 stiv sir.rc 1370 Benson Ave
lrantclais,CA 4 L753
Phone:{'ems 621i-3005 [Upland, Ca 917S6
;51LL1}}.4I-696
Fax: OA)46-0-L021
w,w,clsIemiscap_.-n:m
Dear Liz,
CLS Landscape Management Inc- trucks are not under a Carl] i Program.We are not using heavy equipment that would be under that program. We are using'/.ton trucks that use gas.

I
Please let us know if you have any other questions.

Sincerely,
Pat Strohman
Vice President
-22-

Page 145 of 237 ends

CLS 21 Sites Bid g�p SHEET
With Location Maps
Estimate #110490
- 4329 State Street
C Montclair,CA 91763
I[__1S Phone: (909) 628-3005
Landscape Management,Inc, Fax: (909)464-1021 Lic. No. 650883 July 5, 2024 City of Upland
DATE: CLIENT;
Maintenance/well sites Listed Below
JOB: ADDRESS:

Description / Requirements
Bid is to perform maintenance at each site listed, monthly or quarterly, per the attached sheet. Per Jose Aguilar' s request .

UPLAND WELL SITES MONTHLY QUARTERLY
250 N. Benson Avenue $253 . 00 $550 . 00
2006 N. Campus Avenue $253 . 00 $550 . 00
1355 N. Benson Avenue $253 . 00 $550 . 00
1090 W. 22nd Street $293 . 00 $590 . 00
1285 W. 24th Street $253 . 00 $550 . 00
1655 W. 17th Street $343 . 00 $590 . 00
2545 Mountain Lane $433 . 00 $640 . 00
2351 Paloma Curve $163 . 00 $325 . 00
1850 W. 16th Street $253 . 00 $550 . 00
1850 W. 16th Street $208 . 00 $505 . 00
1552 W. 16th Street $208 . 00 $505 . 00
Campus Ave. & 17th Street $208 . 00 $320 . 00
1638 N. Benson Avenue $208 . 00 $505 . 00
401 E. 19th Street $253 . 00 $505 . 00
580 E. 15th Street $253 . 00 $640 . 00
1505 E. 16th Street $748 . 00 $1, 000 . 00 455 S . Campus Avenue $208 . 00 $370 . 00
159 N. 6th Avenue $208 . 00 $370 . 00
1258 W. 9th Street $208 . 00 $505 . 00
149 N. Benson Avenue $208 . 00 $505 . 00
1332 Charmaine Drive $343 . 00 $505 . 00
PER MONTH TOTAL = $5, 758 . 00 X 12 MO = $69, 096. 00 PER QUARTER TOTAL = $11, 130 . 00 X 4 QTR = $44, 520 . 00 Bid includes all labor and materials needed.
- 7J�
Si NATURE DATE SIGNATURE DATE
Any alteration or deviation from above specifications involving extra costs will be executed only upon written order,and will become an extra charge ALL PRICES WILL STAY IN EFFECT FOR 60 DAYS over and above the bid.All agreements contingent upon strikes,accidents,or delays beyond our control. FROM DATE OF BID.

Pane 146 of 737

BID SHEET
= - 4329 State Street
CLS Montclair,CA 91763
Phone: (909) 628-3005
Landscape Management,Inc. f Fax: (909)464-1021 Lic.No. 650883 DATE: CLIENT:

JOB: ADDRESS:

Description / Requirements
ALL PRICES WILL STAY IN EFFECT FOR 60 DAYS FROM DATE OF BID.

ANY BID OVER 60 DAYS WILL BE SUBJECT TO REVIEW AND A POSSIBLE PRICE

INCREASE
Sales Tax: . 00
BID TOTAL: $ 113616. 00
w-7/Ciaz"(
SIGNATURE DATE SIGNATURE DATE
Any alteration or deviation from above specifications involving extra costs will be executed only upon written order,and will become an extra charge ALL PRICES WILL STAY IN EFFECT FOR 60 DAYS over and above the bid.All agreements contingent upon strikes,accidents,or delays beyond our control. FROM DATE OF BID.

Pane,

Plant 10, Well 3
ti -. . - - - ' e• -
•
. - 111111 if.
. r w f PI
*
. ),I • ••• .-____ _. . ..
. 1 wit I t

4.342 f12 ' rFF
_ + -
I I 14 .. .-- -. i [... 1111k. ..

A
fry 3
' ' -..►a' , - - _ ter. "r' * � 'j 'IN . y r
- v __ __ 1•
1"=20 ft 250 N. Benson Avenue 10/12/2022IF IS
This map may represents a.isual cisplay of rela:ec geographic information Data prowieed here on is no:guarantee of acutual field conditions To be sure of complete accuracy,please contact tne responsible staff tormost up-to-date information
VD

Page 148 of 237 ends

City Well 15
11 ,... .Illraii•:.4....:.. 7:... ..r•:r.44...:: , .Es - -. •• 9 1 i
.-. --...4
....44 ,.... _ , . c ..• - -
i ,.;,..t ...,..4•:',e.,-. , ..
-. •
.4
.... : . , ;-
• 02-• *L.. e, ir. •AIIII:4 r 1... iot,...• . -....-.. --4. • .. -.
* -..--• - . , -... :•1 V •I. .: ' .., I
-!. ..,
a
. -
viol 140 - I \\\''
Pp
•..•
, L. .- . .....

4.475 ft 2 ii:
• .
. -
'..
-
.
• - i L'e• ,r
. ..... . . ,
, .
it
eIt. •±*--
r
— - . a . V .... /
- L'Inmilv.)r.... • 4 4 ..'
',Ill"
IT
..01 ... • r st.'•.--... ..:••••.fAi;
... - ,,
'I
1140.1:.01","• ,' . ..'t. .. •• .
. ..._ .
f :li • • . ....,4 •
it
....
.•
N.

I ••' •
. . -. 1. .
i, le ..... • 11' qi,
I- % r
pg. ..„ _. . A. .• . 'I ..... 1 1"=24 ft 2006 N. Campus Ave 1 0/12/2022
s':•:f.Lr:-,2:-.'7
u ,:

T:37.011--fj:!:'7;g1gr;r!,zjr!i•o-J.. t 1,
3;.:ir...1%,,:,,,%r-i..:,,..-..„:,ec.gcl.gr:roni:inr 1.ocmai on Den 20,i,.. .1 1 ,,:r.., s my.g ,, r;ee Di ecutuel Tield.:0nn ID 0 be sure:f c,cmplete accu rac :1.E.ase c,:.,- :i:ne r
(.1
\A"

Page 149 of 237 ends

Plant 9, Reservoir 10
IlIl , .4
; r =a. r
,r1., ,.-...
# i
1 girt N \ 1
`"
0 co 1
— ilk 744''..-.7..:-:-----.. '1. . .

N.
1"=35 ft 1355 N Benson Avenue 10/12/2022 I+ ,4 14 This map ma},rtpt k s a;is1al oisplap of rela:ee geographic information Data pro,iced here on is no:guarantee of acatual Held conditions To be sure of complete accuracy,please contact rho responsible stef'tcr most uo-to-date information

Page 150 of 237 ends

Plant 3, Reservoirs 3 & 7, Well 5
II i '• '* -; , . 111 1,7i •-,' - _
iz• f u: i 1 .
41 .

MN 111414.601111110- I' ir,,:II
A r q•
i . __. . .,•• iiiv)14.....• 1 . .... _
.......

De bora h st 4,11-41F 711,,,,,,„4 Deo° III 111W
.•.. .
.4- -_ , i• `',t
. —
-7 -- , - If % se- e i _.... .... ., ,... 1
!i'.,_ iitl • -mi
! -
. ,
.. 1 .
..,.... 1, 1
• ,.. 4 .

I . ..

AP
r:. #011 - • .4...__ 1:6. me . • .1.1 . O..,"I
— I . ....

A. •
,..,
. A5L43.1t2;
2 dikilliff r . ..'
- • .".141IF
.. ..r—
i. . .

1.11Lri- 4, A •
,r, ..ilt. • 'ilk
a;
. • ' -\\14, • 1 - •
,- - •-. •
4 ' . •
—
• t
. -WS Irt''' . ,,,/ # • 7 N,, ., s, : ,lips, , 411P. lip , 1 I, s. 0
. itie4.46;41111:
.
..•ki ,. , . $
is .. .
••.:. •
.,1 -
•
•
, sliha., 1.ti .11
,.... ,
1"= 101 ft 1090 W. 22nd Street 10/12/2022
Tnis-rep may -•.•er.-.5 e,ls.la.:Isola..of-ela:ec geogra,nh,c informticn Data crooc...e]here,:.,n is no:gJaramee of:-cutual Held cordrocr 5 TO be sure .i.',-..omp,ete a.:::urac,,°lease comact T.n. [. .sponsitle st!"':r most Jo-to-date.Mormation
dKr. it /1'\irk
1/

Page 151 of 237 ends

Plant 2 Reservoir 16 (booster to SAW co.)
1( C Vi .
ilr-5• ' if . .. . '
Or" ilielk
,I ,. r . p
r 4.4sreirr
L. - ! i. :,
Fr ;,4 • • I/1.;Ill
II
0, lieM:
',i'Ilt 4 k..- .., 4
It•i 1
r e
-' : 1
•
,. .tip. +L S
:111, 11
• . 44.• ...• ' it,
,21.1 ft2 .41
� a •
A .,t. ,,i , ir .
t 4, .,_
fil 1 : 4. •-s: •
", ...:,-2, 1t-ti,_;&% ,..,. '11 =., .-.• ' .4 4e L �or�� =' y
1"=99 ft 1285 W. 24th Street 10/12/2022 K T° C
This-nap may-e:_ter-s a visual display of related geographic information Data proaid=_a here on is no:guarantee of acutual field conditions To be sure of compiete accuracy,please contact the responsible sty••--—:•st up-to-date intormatior
rrrr /T'
I.

Page 152 of 237 ends

Plant 7, Reservoir 15
milm.....miiil. ,... „: _ r_r_illia ....
of ___ . _ .. A. Approity., - • g
, 4 - .."- i 11110111.-
erni f
, .i r '.. II .
rorl'1[7 ' 1 v
in
•
..._,Nit=`,,,,.. ..:7 lir
4 t • r,E, Ill
1 ' 1,10�208 k2, �)1i �
t. 1 t -• .ice .
h11111
If il • • .
i f '. Rosr;wood c
- .. 4 ' .1 0 Piri
wit .r.. 1111i
rinkr. . epsrrt 3-ri-io-pRrr-
lagIT 1 / 1 12
1"=116 ft 1655 W. 17th Street 10/12/20221 (Dili This map m3- ===c-en-s a visual cisclar of related geographic information Data provided here on is nor guarantee of acutual field condnions To be sure of complete accuracy,please contact the responsible af``::mpot up-to-date information
-i/f
M— (40
ek- tie)

Page 153 of 237 ends

Plant 1, Reservoir 2, City Water Treatment Plant
•
fei0 it''''_44,t .4-77,`1 4; ..,-.-Vr : 4 . ''‘ ! --: ,.. .- .. 7 -. • •6iip,t .j.,
. ... 7• . .11.0-
...,-.---,,, \ .„.
100
• w +-131 6 %fir• 'tk r • .• -. 4 a } -.:•'�•-.►! • .v�1 1� f• t 1}r• , N,,{4 It - leF '�'R -itIN':1 -1;i7•14.P...4•"D -• ". 1. IC' • ... 'r .• •or y.-,..e. 4 - ..,,,v- ..A•4,-. , A\.IN f rT f :,:-- - +0•ti: vi •
,. • t
iii, ---, , ..,... . „do. . ,
kit k tvi-
y . �• . .. 4.
•
ii .. .. . .It_T.,.

PIPt1M14.
lk igllirFINEll•S 4t—A4W7L/4,446ausg":a-.f.Ef rai_g'x
y 1 .7..-6141m-r1V
[ COOnyf
.. i -
1". 155 ft 2545 Mountain Lane 10/12/2022
449
GIs 1 ep may•e risen:s a tiis J31 cicc a•:of rely:ec geograoh is informavon Deia cro,iced here cn Is rip.:gJareri:ee of acutual veld:rndricrb To be sure pi:onnpi ece eccurac,..•crease com3cttne responsible staff.'os most up-to-date information
..."1/ r
,Lf Gi-

Page 154 of 237 ends

Hydro Generator
`S. .4 ./.. .
a ,
.0.1i .1111 ' . . . .: 4•011/11. . ••••
_ .....
- •
.I. .1.•
_.. . •
11 4• 11. •• .* r--------__
r
. . .

Ihi . _ t ' t
if I
-
44% i - - _ _
_
All
140 ;1 4.4*.if
•ii 1". . .......
-Z'_•. . ,
. ...16 ..- . %, ,.
• . . _
111

1.• •-tti
.,.....
• •- .
# .4. - 'c•I,
...o,
' ..

I- .
. .,
•al
- 1.. ' J.\ .•
- .... ..- .. 4ff:itik, ...:714:11,-1•. a . _. 1-9 v..,
,..• I' 7 4
..... ,.... \''• '.. 4 i.. :.
• . .
...1 !, '. 666., ..'.1" * .. . % • 7'.61'77~ : . 4•
6 • 4 _
• . ,„.. -,) itY:1P- :Ai, t • .. .1. .1,. ' ,..'4..,... • - _ • • 7 bet' . .. • %. ' .

II.
,*ir • tr- .. ,- ' 1-6' Iti". 4 - ip• A.' ji. \ • . .Up. 4....-7.1•,.. . .
• .7. ...
ir. • • ".* —..1 '. •fos+kivr,
. • ... \
. •••.. -I" .. < - 4. . . .,
.41 • •
`4.' n 4/4201 ' -,tb- it •
. , ,..
, . -i ik•- . \
. •.. .
ii,. .v..4 - ;title • , ._ _ .. . __ ir... '. 41 4: .• ' •Pi. . - 7 ,.,.i. . .• \ of. ,4 . •‘,,it re • -'4111111r f V' ... ' \
—.---. :- 7. , ;.:;;;. 1114.16. .• - a. ... . - - \ • 7. :1.-• .•- _IS. 4
-I I-
1"=18 ft 2351 Paloma Curve 1 0/12/2022 n This'nap may-eortstri:s a visual cisslay of rela:ed geographic information Data proviceo here on is no:9 uaramee of acutuel field conditions To be sure-4 complete accuracy,please comast the responsible 512"f:r most up-to-date information.

WV- (
- Page 155 of 237

West End 3
_ . .

V1=1;11IPM11•1111.11 1111.11NA . .. •-- -;, • "N 4411140111116
• •
___ _ • _
• .r . - • up
. * - : • ••.111i4r , - 1 ' . •. • . .
' •.,• . ,e. . -t: 6,978 ft2 "- . pre_ . -....;•'' .
• ••.. ,
'.1,• •
airlift . • .
. .' •'. !, - . ,
IP e •. . _
"6....._ -. j
1_ I ilf

4. •
.4.
•
,
4 ......
...
--'''.-----. • -- •••• • 'C. '
_ ___ .. - x ..•. .
.1 .
- - ,.. .. .--- .
. --
1 '=24 ft 1850 W 1 6th Street 1 0/12/2022
ri\:
rla-:',---•"
Iris\ -5

Page 156 of 237 ends

West End 4
_ . .
. .
. .
' '.• -1-.. .
-— .. — .• ••• __ .,-•• r
.!.. • 0.1... . .... . . --- • _ • _.- -: , ... '•,- •
•..
. .. • _•.._-_
•..-—
I Air— ir
41 Mil ilia IL . -.
. _ . •.11E . :Akk...-''''7.1_!..., . •
1 .
.. ....., .,-•_. . . .
. _• .
. . _... .
..._
___ _ •• ..,. .....
,., ,_ . -OP - - .1••••••.. ',7,o....,-;," ••-• •••:
• .

AWA, . •• • • ' :•-.Pr 1
re- .01. ral.t :
,.. 1:- - • • ..
.. , ..-• .
. -•. r ..
•
,..!,44.:•1 .4,1'.: • *
. It.• .
.-, '3,355 PO -
. _.
.•
•
• A
44 c... •
,•.-.-••
111 .
. 1...,..,
1"= 19 ft 1 8 50 W. 16th St 10/12/2022
c',,,...„...”.•
This map ma, ,:erits a'015_12,1 ciscle.:of rela:ec geographic information Data p riy.iloeio nere on is no:gJaramee Of accrual field conditions.To be sure of porr,plete accuracy,please connect the responsible on --:•not up-to-date information
\-1-
Cr-

Page 157 of 237 ends

Lemon Heights, Well 4
t I 9- Mr.-111- - iff .111=11.111;01=111. - , 4. ,
At
ill '-r--
,4 A .:.-..16. , i
. • . —11.
4 1
1War . • & z ,i ..1'..--- ; f,;-i..7,4.:.e tv , • ', • ,
, 401r • -' Ll' 0 W...AA '
r• A • i •14#-;:r- ii=,T125k1 *._
•
•
......-
•
• . , . At
... 4 .
— .
:1 411111r..-•.- --
.
748 it2 .'
r
., ...i
l N
•
f
id .. ,.,:?. "I p
-
. ;41.J'.,• :
.... At ;..11 T
Ilk _ ... .

1.•....-
. - NI k •
. I+ ' I. ' lib
,
e S . .
•, r 4- .....
, . ....-. . .
. I
. ihfilliii .
- r ,
r
.01
I . r
...., , ,,. . .. •. ..- ----7-
r -..:.: _--7-..
1"= 1 4 ft 1 552 W. 16th Street 10/12/2022 ''.•'\13/4 ° ; J;T
Vieittia-4_.•4,
Ti..:m In ,lzersers 5,l':J3 C15:15.cf-ela-ec g _;1-3Qn c nr:.,-ra:on De:a r.rni:e.7 her:on.s ns-g•Jararee:F ac_,TU31 neld:onii:icr:, TO t•e sure:,:,:r1-0 eIe az:_rac,.D.ease cz.mact ire r,_-.:;malt e:taff ftl rsss Jo-to-date n-cTnr on
‘......1 C- I
0-

Page 158 of 237 ends

Reclamation Plant
- / Ire*
•
•....;1,711i® IN, - hi' - -
1111V -•
i i 110.6'.
10,583 ft2� . i E.
li
��
R
� _ - :. -
C , ti
il.
•

1. +yy'T b 1 r' Pebble d°�
I 711
is '• , , . • ilk_.

I • 4‘
, .ilt''''v .

I: 1117P
0, •-.,_ , ..:,.. .111) - ' ...7% •
1"=42 ft Campus Ave&17th Street 10/12/2022
This map may represents a usual cisclay of related geographic information Data provideo here on is not guarantee of acutual field condruons-To be sure cf complete accuracy,please contact the responsible staff for most up-to-date information
-7,b
11-1,- z.,
G\ b

Page 159 of 237 ends

City Well 17
,- - !3Ti- , , , •r - -- . -Fla k k!.0 ....„ .. 4.-...._ ,.
./ --.. .
.. .
.. , - •
-V'r-p.' 1.'
41 i • ,
II.L •••• • •
• ih'...7. '
hill . ..... :
... .....
1, _.....

4. N ...
jOIRPOkk
A 4,111.
i I 1, • . _.
lot ..4 411144
. I t •
El ,'
1iiiiisir 1 0515p2

11. .
.11
1 tr
1 ,1
c._... .. .
.. .

3.• \ •.,
I .
. \
IP• .
. ..
. 1
\ --
•ti,ir /.. }; 0 1
C I \

0.J X
Ca .

I
L i
• ::' ..

Ni. a
, h Fel!
- 11 . .
. ,i„.. • ..
,
• .., t,
. .
4 I.
...i 1
r-arirr• , - f•,
E _
Or
1 t___6)41141101k• ari I*1)j 1 . :. . I...• . .. , , ...,• , . 34 II
•. - ,
11=691311 lir,
N .. ......... ft
1 ,= Go rt 1638 N Benson Avenue 10/12/2022
4D
'‘Ikto ,
T-:--,..r r13• 5cr--et- 5 •I .51;I.. 5,2. -5-.:. -,„,,D'i ,n-..2..75Tic r-..C5,5 2.r,...I: :55.--r.,.r.-;J5 5.r.---• --IL.- -.I J•...r i'I:r --,05,Jr ... .. 71_7 7, :.- _ ) 4
2 - uki

Page 160 of 237 ends

Plant 4, Reservoirs 13 & 13A Well 20
gliPIAPIF —'... • . . '."' ' IV**orgall0 sairiiiikirl.siallisc-1.111111 . , .; wraj "".)11
4 : igt4 f 1444
0'.—-'i44 1Tr4
j y i I , .
,y.14,iri..:r.
,fir . * ll -+
I .2.14:•,_
- fie ., ;it) i• '1 .\.ilki:-.:
i . ,

4. Vriir. a

8. . t ' fix ''' • 114 4
r
• lirElinZli. r ':'i . .•.".411101./. ilp. , ' MP" t 1,..- , • i i
�.4 A11a t 111 ice • r. ti ";• • w t- ;saw le i
• it w it - / . ,1 fi64
rar�ar5i ' .
till ' le'
... . • e w +
•
ii
'. iiiiiii ,.• * • A'eP . w;• . 'r :I ...:. ' --1. U .,. — . 1. .41 a-C3(12 r 21 . .4

1.90h . _1.911-1_5t ___ — _ H 1,9th 5l _ _ 1 = 139 ft 401 E. 19th Street 10/12/2022 M�,,�, ��+ Vim-.`
T.-us map may . sen s=,Isual ciscl .a of relaec gecgreohic rnformat,on Data cre,lces here on is no:guarantee of ecstu.ai field�:cndaior s To be sure cf ocrn fete ai.uracf,oiease contacrne responsible s:`.'`•r moot up-to-date.nrormauon i \ 1.

Page 161 of 237 ends

‘ Rrimig Plant 6 Reservoirs 12 & 12AhNE I w.ri — war r�r+.p . r. erzi.3„...,,,i,E Jefrt. r. E Jane 4"i •r.+e. • -_ lir - — -- 'Q—- - s. .rr • V. �r"�
II': ' ,�'^ r
atilt osrfi'. iv

71.--
Pi . . . 1,r+ 1 s Ir..k . .'''....
1Q8: ,1t2 •
..■ •
-
ii41411
!jir6— • ) 44
...__Ip--3,,,. 1. ' 5 ..' - : gii 11
1 iai 111,1111111' Air'.Z.Prits-IFF:"M• Iirarl? ill" • C 9 (ba ' .. - - - • •E,1`5ih 5i` ''E`151ns. ! - is - -� 'r
rig!f �I . , '. rap„.„404., j • r ,r - i I • i N.
..,
,..
38,060 Fit I
Rig or - -i Illirro
0 'IlnP/11011c711 0 , iii
trif. . r
!M
ti IIIr ilal 41,4
minlaiiii,....
7-Elgriiii:fi7111111l
�II - 114.- -L... ir' eir r 1 V
1 N ' 110
1"=149 ft 580 E. 15th Street 10/12/2022 - This map ma.•t_'-sems a visual Display of related geographic information Data pro,rides here on is nor guarantee of acutual field conditions To be sure of complete accuracy,please contact the responsible :_r most up-to-date information
c u.-s't— /mil — I O
I G-, ZO
UPPJ-
1"•\ t- c3

Page 162 of 237 ends

Plant 5 Reservoir 14
____ .„, .. ... .._ ,..„. .. r .r -- Y T� •-•
, i
! \_.
- •�
- � 11.;�7it2 1111'
0111, . . ,
r f in .1 • /
i.
. ,
" :x� ]iF. ' fir•
le.' ..•'... . -,,, ,,- . • 1‘i-f-*V*'.;.4 ":rliiicli.) 41.i F. ,r- .11 . . • . l ai • _r
t
Yt
1"=29 ft 1505 E. 16th Street 10/12/2022
Tnis map may r@}eeilGls a iiisual display of reia ac geographic information Data proaided here on is not guarantee of acutual field coriddicrs To be sure of complete accuracy,please contact the responsible st39t fer MOST up-to-date information.
(v i
G.,, a
1��

Page 163 of 237 ends

Plant 14, Well 9
. . ,
er..../4701.1rehlr--r.wei..! -16E191ja. .1..cf.--•-„, . 111 1 t 1 I
gl,.
• ..r i
. sNIt.. . flp ..

P.,... p
.0i ,4066
• % 111.9,
.- . - .... .
- . .
. . 111 ;
I
. .. Mi. •
0 -- 7-
-. • . I .<..

IIPI)HIP4 1
.411 Iiiii5. •Ire 96..."` '
•
.. .. ,.,, . . r 5!214 fL2
•.-___--‘I '111111111. ik tr- • : As6
• , 9- .1
4 . . 1 • /41 1•1
i.4.;
.• g
illiFF .-.
. ,
. .
. ,
. , ....4
ri
-..._,.. • -"IIIIIIMMim.-
-..-
.
r • . $ 41 • 1

41. • ' . ... . . CD
<,
7Velt4rrIlia. . . --.•--- - A I.. . '- I It
L• 4 s I
••
-1•1 - -'"' • .'
* • •Tr. Ati I 11 0 4
h I 4
______14 • . 111 4 am..........thit
. --____, _. r-e•••••
wi,. 47%,..
41111116.1 r'':. ,1 - . 0 1-..e i• ' ee-' ' 'iLt e 4r1 glari Ir''• • 1 . . 4 Air I r i. _ _ -.L.._-_:.A.. lot . • ,
, ‘...,..,
1"=2 3 f t 455 S. Campus Avenue 10/12/2022 e.. • f-,
2 lag
'1 1-50 1'15 '521•,-_,:er-E! C-5 .-... 5. J. ,,a-....z.”:2,rjr. 11C11-1'.2.•:"-ail..31l 25:5 I - -7 7 ire - : --- _ ..ee •'.. _.z.L.- ,eld ••CS 7:te 5,...re.7.-:o-rp e,e 5::-II5C- 2 5BO5 4:COI5Citat re-:cDrsitie,L. 1C1-TOE,JO-IC-35'5 n'D.-n--a7ion

Page 164 of 237 ends

Plant 13, Well 7A
liji 1 ..
--.,. . 1 '.- ,4; - I -ii-
r i t'''
p .
'-.at* I, .0.• 0 . A , r
iliirr.
- 4
r . i + r ti.
q ,..; 1
A.
_ .., 41111 ML. Ili
t i
•
I- , i . ..
• • • • ILI .:••••••.m.... .1
6,202rft2 - -N•1
firPA• ' f" Ir.:, :o
•
Z
•
,....i:i .. :i . . . .
it 1K i ,
5-114
`4 :. • tom. _ -
1"=35 ft 159 N. 6th Avenue 10/12/2022
flivoil
Tni_'rep may represents a,isua,cisdap of re!a:ec geographic information Da:a provided here. hr._saran:ee uf=cLiu31 field condiucrs-To be sure hf cmpiete accuracy.pease contact the rt3Ci+tm staff fcr most up-to-date Inforrr.ation
t,4 ..... .{.4e_ .7 it/

Page 165 of 237 ends

Plant 12, 9th St Booster Station
. ligiiilit 1,
r
- NI- 441114 - ri ,.„y At l:rfi 'I i r
'. ,, r.• K.{ al "lk • IF 1 , .

I : .

F1H. : .
" s °j
r
r_ 1
IR
r !
f• ..fir _ A ; # 1 1'�
r-
ya.,'., , ..Y.'pro . r II. ' i 7 r F 'li ad •■ -f 1.. I T:' !' •
1 1 .1 .L • 'v. I' . ---7—'• Y ' rip A. r ' • il
/ 1 ...4:6.- —I 1 ''..g:Ir. 1- ' - 7 — . I i =117 ft 1258 W. 9th Street 10/12/2022
Tvs rae fry:represer;s a.sJal cispla:of rela;ec geograohc information Data probed here cn is ricl guarerr.ee of ecutual field conditions.To be sure cf complete accureci,please contact the rtf.NnSEtle S:a,•iv.ri•s[up-to-date Information
\\\1/...0
V /

Page 166 of 237 ends

Plant 11, City Well 8
[di -iiiiiiit 11-_ , r
i___.
_ .._ , ,. ..
,. __ ,. _ _ __ _
....... ...,„,._ .. .. .. . . .

4.. , ,.-.7 . 4.-
- •t •
)! art c. -
A'
•
•: ,
• •
t " %]8• ,571 ft2led;u tii 0 ,. yy., r r
_ titt .;;...";,.. ,.....
. ill ri
•
•
? - fir. . , - . .. . S �, I
mill • iiiiiiwimmi.
..
, , ,
1"=30 ft 149 N. Benson Avenue 10/12/2022 \

1. +This-rep may represents=•;isJa;cuclay of:ele:ec geegreonic information Data cro+iced here.n is no:guaran-.e-_of acutuai field conditicne. TO be sure or rorpiete a,curecr.ciease contacttne responsible st_r+kr-nnut uo-to-date intorr etnn.

AL--- V

Page 167 of 237 ends

Upland Foothill Well 3
ifro-
4 . -. - -• - — -.' • -- .
•
.•t•rN - . 1 II.4 4 1 f:".%:i'd. fit:
. • . • 64 -- "
4, •..-. ,24. .... ..
-
•..-i" 1 -r-' •
. ,. „: - *V' 4 ' ... • . , I .
i* •'• .
.—. N. •.. --.." ...66&IL... . ' - IIM.I. -;,' . -6•- •-....• ' " —1....1•• ;•.- 7:....i 4..... .;
-..,.
..- . . ..1 .... . '-'i -2 • A,.., .. . . • . • ., .• • it, i •• • -: . • .••- ... 0,-...
•... ...•
at • ... i
,
. , ... ... .4„.. .;.... • 0. ::-11. - 4 .• .

V . . ' :. ,
. .

A A. 2299 112 NIt ,,.
,..., . ._.., 4.1:

I ... I 6 • •
ir' * ....' ir•11 .
• 6 7 1111M -. g.
.. •
4c-• ..
. ,, ..
.., 1.i. . r- it......zr 1
f ,,. .
. . /
I
III'... 0
• • b :
r-
•II .' li. .
. .• '4.1; .
#.,..0.A 0• • VOMENIMP.E.•IVIsm,..'.0 aim-,mod
i"
•
' r •: IP' .
• - ••• . —
...
.• . . . . . . • ....—r- , —agr- • -f IP . k 11.l'• •: 11-1 4". .." . ,
.- , • ,
: ••,: , • i .4! i .
- . , =4--t.'.L. :04t4 ..
••' • 1 • ••1
. ■ IA t
a 1 1 • ,.,- qt..-1,-v-:/i .p.,.. e • • . • ., 1 i '' - •- ."' -'r 4—, —
P.- • -
IP
1"= 13 ft 1332 Charmaine Drive 10/12/2022 N..),41=4,, Toms Tap may-az e'cients a iisJal oic,claiy of reir.ec.geographic information Data croyided here on is not guarantee of ecutual field condnicnc, To be to re of oc mpiete accuracy.olease contact Ire responsible slat'no moot uo-to-date information
\It
G--..-

Page 168 of 237 ends

CLS Upland Basin Bid g I D SHEET
With Location Maps
Estimate #109435
— 4329 State Street
I
L S Montclair,CA 91763
Phone: (909) 628-3005
Landscape Management,Inc. Fax: (909)464-1021 Lic. No. 650883 April 25, 2024 City of Upland
DATE: CLIENT:

Weed abatement/Upland Basin Listed Below
JOB: ADDRESS:

Description / Requirements
Bid is to perform a weed abatement around the Basin at Monte Vista and Arrow Route . We will need to do light brush clearing along the Arrow Route area around the cement pipe area. Per your request.

NOTE : THIS BID IS FOR A QUARTERLY SERVICE, AFTER THE ONE-TIME WEED ABATEMENT CLEAN UP.

Bid includes all labor, materials and dumping fees needed.

QUARTER 1 1 14000 . 00
QUARTER 2 1 14000 . 00
QUARTER 3 1 14000 . 00
QUARTER 4 1 14000 . 00
ALL PRICES WILL STAY IN EFFECT FOR 60 DAYS FROM DATE OF BID.

ANY BID OVER 60 DAYS WILL BE SUBJECT TO REVIEW AND A POSSIBLE PRICE

INCREASE
Sales Tax: . 00
BID TOTAL: $ 56000 . 00
Pa*
SIGNATURE DATE SIGNATURE DATE
Any alteration or deviation from above specifications involving extra costs will be executed only upon written order,and will become an extra charge ALL PRICES WILL STAY IN EFFECT FOR 60 DAYS over and above the bid.All agreements contingent upon strikes,accidents,or delays beyond our control. FROM DATE OF BID.

Pair 1fgof217

Upland Basin
- - j •Ki I
_ we mumprire, -----doirft MIII, ...moi.., 17 11 -Ttt!. La lotwir.lifillreiii. 1) loviiigelk. '..-- -....."--r- V! Ibl. Lii `'1... ii-k--.'"-i- - ii.viessam, 1..tkixt .. -Arrowknill-propS .."'"th.r.7. . — ,'.Ar,r,o,Ai Rout(' ------ -----Ar:r1Route..m-h.- -
_ _. _ -46.4m,...0...... ma. - _ -. --- - isillibiall qb ••.••lmr""P-' -•• — - ._
limo •••........—
."110.-41r :Co . • _ ; LF
, ..• • '.14; -''w-''' 4 NI _
1 if 4
I•<) : • Cliir e . I.
-. . ,..

I ri h. _ ..•*!•413* - ••••• •--e•li., / 1.;
, .1 .. ..., 147:4 :- V' ' - [ I. L • w . . „_.. . t• 1' ' 4, /i. ••111 1 .alla ••
Alf-
.
, .
. P
'*
II !
I ii!
rwr i . ..41 .43....14
t .
a
006 ---nedva•vi.-•-•••11"....':-.'. 111.114111110,-. oafi_ ._ 4401i iII 11 '-''j
' 1. _a I
4 ,1 ,.. .•IL' i I . 1, 0 .0 .
1 .1. ...: 1 ti , . •f . 1.4, : / i. . .•-• 40, iri., ...
.. .L.
.._ okhr... ... ..
t ,
111111111=1. .• • • .eNrp .38:.5,Acres,' i , . ,-.110.- • Mr:. • . A 0,-..,:. • 4--.. N. ,•.• '.7- ' •• )11101 ea . .v 4:i 1. I. • 4 . . r ..4 .
,...
ir , . ,, , .0... A,,_..,„ •
• ...
. 1 4-4 '-#4-41 • air . '
_ -
J . ?I ,.... # d ... •
.K`
, , ( ‘• if .
. .
-1''''i 4,7r.=,. _ ...rn;gsee.AimIMNpt•Par-- .' a e Vit al 111"P 111
. .

I4' I') . .' • ittur.-- 'Tat - -4-'P " .• ,- 4imirepoorealie:•,"e" __.----
-
....,.....v,-.4.-*••-0,434,9*.. 111.6.11.'''7 ,.. - - _ .. ,..........................."" r., -ass ___ i• .
-. . I ... /1 4 ft .7 4 ' . - ,.......*-• "".- ...,..---
-
ANIL.••ft• , .. --z*, -- __- - _.---
---- - -
11r1421- . '-i. tik I --•------ ------. . 3 leri°'
1 r ait •••- 'Pm 1 1 :: - r _ .
-1-.1-
Monte Vista Ave & Arrow.
299 ft 10/12/2022 Q l'f
1!,i
. , -
Th15 Map rn 5 y repiesen:s a OE ia I cis ra;,.ols le,-,-.. ..1 g-ogr8,:il-iii infiirmatHWI.C,..la ,:rn..:Iz i 1-1 ,-F :ri i-: 11,-,-.g.1381 -..et cf,Lutud fiehi L•und,ii,nt, To be cure...r :u 1 rp,ete ci:j_1_1:-E1:1,L):,-_',3`...t,__.I "Idt11-1. fesponsi Lie.,,T.aft rd rio:1 up-To-date ilfufl n throe __.

Page 170 of 237 ends

4/4/24,1:47 PM Tree Encroachment and Easement.jpg `y i - ..-ra. -:+ . ,• -'slit' +i {�.i '� - . ks:
" .. yr' j•
4 • ....-._.,
1 7I� r11 . +q :1 - r ' 1 :..

Y
https://mail google com/mail/u/0/#search/label%3Abridle-creek-homeowner-correspondence+woodsong/FMfcgzGtwWJvQXWNjgSIjQKrJrgVQbbd?co 1/1

Page 171 of 237 ends

�i.
r 4.
•
•
1&71.,
it
.1F i r._ri$ll
•
•
I
•
•
•
`— .. I ' :rr i.M-�. ..tt. . i+ +.s- --' a i..cJmac •Y _ • .',-_ an:egg a
may . - - iA 1. .�4, .y. .�
ti
max, '•' - r.5 r: ..L�. _ •: - . - r •.may: .• :,1Y.� .. I -•
•+
•
. r
. -i�
•
•

Page 1 of 237 ends

..,.-. '1,'-_-•• -•• ..,%../..''.'.. -•".. -'.....4
t'-'--''-'-i.-2-:•••t , •• -4-4.
- •_,. , •,.9,-,.--7...------_-,--..i. _..-:...ti,••-...-r :-.--.--5- •-,:..,..-.,.. .. •. , . - ,
. ....--,... .... ,.
. .4,..
- • - - ..-..,.._.,r;:-.t-,,..-......„ Ir. ,, . .. .• .. .. 7eK--q----c;_ -N-;•.i.-...,}•3.,--.i...-,.-4.L.-.4-'v..7.e4t..,....f.•ob_....4r,'•..,:.--,_-_ -'.. •r_.... ' ..._..,-!' -.-_.;.-_.P' . . ., "
•
..0. .r
..... ,,,.-:' .i.w.'.:,•:k..,4:,e,g,,,,„r.•? ,'•...I•.-•.•- ..4
ft,,,izi..,,,,......z.5;LA-.';'-... ''' - -;,, • .., , . . .-. •• . ,i,t,,i.... • '. .... .2.•
. ,
T -
-1-- • - •, .' • ••.- •
' •"- '- • -. • ' '
. .• : .'-.
,- , .' 41.--•:;". '
...,......•-, --I
-.-
.f_'' .--..,,=`%".. 4.:1,-•;;=•;:-`.....:'-• :
•
. .
rl -
Fr
*
".- ,••
, .-.. ".•- ; •
, ..- - . ... . '' . • 1 .. . ..'.
' -' 'a0•4-•.- ,
/ ••-••..., rill ' ikt-;..ts„-- ••-:'• ::-.. .-..•'.' •' .,'-b-.0. - • • ---- .•• _• _,, . -,,I4:4-..:-., .-:_-,-:•,..1.--, !._ •-.,„ ..i,.,. 0 - - • L'. -•', . _., . '-''..1 i -47.• =tx,,,. ..."--asr,..! ,...:&---" -P•-• ),. .—. - . -:----: .:-',2:az -... .4•,... s.,-,., i -.,-, ,. . - - - . . - • - , r-..".::#-•!-.:.;,-,.'1---,---.
.. ,,,,,..i.:..-_, _.-.4:,09-;....- ......-. L-1:,-- • P,--e,..:A. .', .4-•-. \ •,. ,,,.., L..',.-.p..: - -,-.;;-:-A,:..,., - -k-gip:,:ii . -0, ‘..•.:41: ,_,,_,._, ,.... 'fr.-- x....z.-J.?21 . :•.•1:7::"'::•_:•-•,-,,,,----. •.7-1.,!:'rrie-tr,.,. • -. '....u,‘i'.., :r ,l'''-.,,,. ''...1' ,; -,•<-'. -'''' •--
--- .
.v.,,I:=4,1:-.''4::, ,. ...,••••:: (.,;;;.i.---.--- 4,1 :- ....A,3-)1-f!-: R0,,*1.f.:P,i, •--..,•„-... .. . ' •••' i : ' . ' • . ; , .., ,,,.- '..1. . ' •. 'I •;-1' ,,
-.;,-,.•.4.tAr.,,..w:;,,,-.1:1-,,,-, L.,-.:...-...,a.,,..,: 1.,.;.:1:4--,..;:-.1,-.,k5.,.7:N.,,.:;,-,,,;-(, - 4t,
.. . .. .
• 5.,ri
1 . .
/ ' '
„ ,....A.,:, ,_:,,t;::,:, '.,-.2 • ... ...1.11. ...yt , ' • .

Ae•:'•':.'
.Y,--r-!-- . .- .......
•
1'..- ‘
. . i - , i's.3riV ;, g:'-';• 4
.
::.-
„
1 ri: •,r, .- ,, ,
• 4 '
-• t
r .
•
. • ':' 1:,LC, ''.1 r'- ...... •41,/: ":...;:. ...':ir ', 0 // ' _.._
r •
•
,,
Aft -.113,. ..-1,,L,•7"---.. - ,,..- •.„,;-• -.01.9;-140. .,' •• r_• . . ..„ ...... 1 1 L• I _.
r • , , - ..-- . . . . _
t k
F ._. .
. .. ,. .... - . _-..-- -- - --..- _ '4' . ;'I •. .x•,-:...! '..._:,.. .• •-• .•
• M..'• ,,,i , . .
-..
, ...
...
r , ....."....... .0011 ela ' '',..r...,• . ,. ".. " .',.r1..r-r-,.' ?•;•••,=,.,•,‘..'‘,',.1*'.1 i44_,',.'.-;-4-;;.1'"•••-`1''''-';'.•;''-,:v.'a'Pli.,r-'...-L.,;'.,LT.•._••'_•-'i'.•.:.-_..,.,.I..,-.'.t.j.t•'•;..:',;e_.4,"„-.,.,.,-i•.1),,:,3r:1,,,-,-..-.0.:/,.c..(iIA,siVgi1Aii-t,Li-1,..P-,..1 -"C r,--,'.:... .t•,,.-/'-•,,..-,j--„.-M,,e:t h: ._--• '.*• -.'•' .'., ••''. ---—,: .;'..1••4/.'.''.' /-k.k''.'.1k r•---. . -i - •'''. •.f'".-"‘t.-- '•...:-- .••. ; 4: , - ' - •''-,'.•.,-•-\:;.'.,.',:..•k/..1v_'.„'.i-.,r,..h,..-,',;.,h,0kk.i:..''r.Cl•'.'1-,:..e.Lr'‘S::':.;'•1:4:i•:-:1,•, 4i'''-e.Isi-....,;--.'f:l,g--4,.-..''..V k'-a.:.i4.(l:..'.c..y...*r,3.'F,'l'e--'•‘-az4.'..!'.'4'..:c,‘':-:;..:r:.-'.i t'.1 t::. -.
r....--7.,,•...
••. - .
. - '-• -,•4`.- ,--.1-''itiiil•-,,,),X,ili ''.0 Y.: 'Ix' .: /,, , ., , -..f. ij. ,,. ;'J'..l'i'•-•71,4f- 'le'... 1/1%.: .1]•if',/,''"'..1/4'...47. r$'t,.:Ar'?.1.10:L1‘.'°'.44'ibVrO'lq.' A':: .:t' ..-.t-..;), '.' A,•k, - . , - .- ' ''.--•-",-...• -.lal:N.".... 11'..' S.',I.',.11...,-, '..,:i ,'., T.::.' -'A''.3'..4''''re"'"-.':-.14.--"gt.,, :'.:-`iii',11RI• irl ' . 4-fikili?*:k9 ' r'',.• 't 1,12:..7.•-•.\'''.••k,1 I'Ii.1,1''';L!:2-.491'r!,,.''. • .."..:...:..,.., . •., 4..-.:..:.•••:;,6,, -.,..,ov‘,.,t,---.-,ei, •..A1,,,,i,It..h.ii.......,., ,,,,ii:.,1.:,..._ ,,,f'...,tw.,..,k-.4.,_,..,.. .x'V. I. ,s4,-';4' .,t ili ''. .;.t 1;,'''''-rk?'iar.',:i..':;'• '1'..-. `..*Fi,.;:-1. .. ', -,..._ , '- .- : ,--' '4 ". ...--.---,''.-- 3---- 7.1-!",... ''•.;.i.',„-it\_rc',.'t vr.---ti'.. --.iri.P::-.7_-.!•.,.,..:,..ir/: 41". ;'-- „ . -rimk.kr.-, ,,A. 4 ,. 11'''* • • tkr'II fSi..--t•. . ,..i -. - •. ..,._... •'-‘-,., .... -L,..!, ,- LI. u. ,_,\,.. ,/.1,o.k.... .1,1t. ...., ,-,4r._....,,...,,; ..--,-. .,1,_......,N ,-...„ ,; ,. ..1.. t - 1 ,R+2;1§ OA ' •.‘::! '.1.•-'T'. • .''. ' ,-:.- - - - •LL'• --- 0•. --:-- - -< ''., -?,-.,..-'•_ .•,-„, :: ,. --."!7:-•7".:ls.-/i.f.1,:'•;•-i.. .-:-...,,. -,----0 s'''- •.-.......-• • ....0,1.,....,,At, :.tet.6%F, t!. !4r -.:14-4, ' -P,;(..,;( ,t.),94,tt . ‘,... .,.,.is,a,.,4•, ,ili. ,,,,. .1‹.eli.. fio ,..,..L,..,. .:. . ,... ... . . • •• „ • ... . • •.._ . . ,,,,,... ..44,. . -,,,.....,.., ---J .• ,-.- 7, , ..--,7,•,: ;_ !••4:1,',1 ,-.,---. , 4,-_ ei ,,-ifor ,; ,..:\A ry-„b • :,-..41.,,,, .4,,i,4LPit-...,,Pf -2,. (., ...:..;.... . .1" ; -- •:..-.--- .., -..-__. ,.„ - -..:,-:.- ... . • _ .•.,....". .,...A: ,t1i...,.. --.. .. ; • - - . - ) . P...',-.'a,VI/,47.11 A" ,'75-• - • .,r .z 1:' r• 1-1 It.'4. '4 ' .1.971-'''i ' .. 'r•••••" 1 ' :(1, V..c?.k= -s-,..,,,,•:_p .,,,..- .-. - P., . •---, P..'S.:'-!.t . ,,...'',. . .•••-, -4%4, , \v:..,.1.--4r.i,•:--V-, :1;,A6...•;'. '', :r .%, ',-.. f ' .-i.. .. -:-. ..' 4,y',..,?.. ':`,.o."f,,'4._.4...:,•.?.' ,.........! - '/1 le ' . ',.{4., .,4.' -.%.--,...44:..•.1, ,,c. •r_.,,,,,.., .•••.•.,••,(....,..,. ...,..4,_ . , ••.... .,,;•.:•.- ,k,._-.\• ).„.,, . .,.1 • „,_•••• \ ..,1••• ._:___:,. . )_ . •• 4p. . _el.•• vii , 1,.: ).., ......A: tiiti il•k . :.- - . •• •., 4 • ,m, ; ,... .- , ..,.:t',1. ,,-,,:,k?-,•;, , ,-..,p.r. . •- .• . ,-,. . • ••••''.q,.2.:. I,I L...c.,...• ...' *V ft? .-,. .• ',..'"',.' •''. L' .1 .., -IL,-' ;`',IC,-• ..V., - 4.. irk 1, r.3.. :' ' 'CI Ak 2h.'''ikliC..1".i 4:Ot- ''.1'Irl PL;...,;.f.1:Id, . li:'•'..lilit, _..e -1,,,,,L)-V" -,:s.?'',74,5,i..).4..-1,..',. ! ,L. .--, ..,../.......:... .,.: -._.'?...i, -74t'iir•; l• , . :`-.7.,r7, ..)•-.' -.._.';___--y;.-".,••17-.; ._. ; A.. .;: . ' :,• , -. , li. '11' 1.. .14';/". . - •L' .k ).1 ''s Iv! e l'' I, 1 .•,)-i ' -4 l'ar • ''',.''-:, 4".....1 f._,.--1-,, -- '..--1--,i'',,.r.,-;.....,-,`,. ..• ",4..-..•;•,1:',',,:.j,Fr •, : : '_ i., .t.. ,le .-,... ......-w . -, ..,,-, -.I,:•,..k 4-, , .4.-4.. .i...' A. .r .:'• r? "-•Ls -`..0. il i - 1‘ .. i' 4'' '4•' VOW.g'''' ',ii. ._ .;,,,,r,•.,-, ..,ri.-..,!......w..• , .-.N•,,A.-?7, Pf.i.c.cr4. 'kg,Lt't•' "' .„-:,:,,.,,--,7:-.-'tft.r.41 ..., ,.-,4r A_......? , '..1•,, ,,. ; ,. . .r i,--,T,..,. •• .•,..„..,. .ry. . „L,. . --., .,. ,.-:,- ipo,-4 r'•: 7 .• • •A: - .' '.. . ., i.;1/41 ' !. '..F.10.,.•.;1.'A r .A..* -4-NW''Y.•-! ,..L.rr, ..=-4, ft,o'i-s.AVi,,k,'A:•,,,,:•.:r,..,..:',I,". •v6r.o.-ii. ,/,',.• '''.:',- .; ,' --... - 1 '; •• -• "._ , .• `-',.,-, : f:.•.."-' 1 TI,L 10-.. • IIIN1/2'4;;?1-'; •"P-• ,Q, 1,` '• .i 1;'''..'.:tr P•rd''''' 1';.J.M.i1•21.-A'' 1:•';°:t!'' ' V4?•f4 " -1 .0!, -,-.Y1.•,'„-1., . ,-•;':''. '.:,:.' -,r..'s'•••';'•:,,,': I c'.^11;q•',. . .,, k'. .., i• . ..1.r_,... 1.. :- - -;..T.,.. ...‘., ..) .•; .:
fiAa.
:„ tiN:P., .,. .'.e.= -,--, -1'..,'.. - ••'. '4,: •.• '.--. (.:,,-....' --' .,• ' . 4i, ,..' C..' r 7 t ' 'ib ' . ' . AV;.-,,./ i-4-- ;,i..,.,",C.,:-,',ig--. l'4,<, p." k .ty -:-4....,,,,-.4d-t. .if 4 :4 „ . . ,',.s4_.,)i!v--.-,,,:q... -,-,-- ..-w::',-ri'r-..q-.24.;:fr.:-_,,.. i..--. ,.\-. .c.‘i ;- 1-...,;\ .-::- f_. ,, ,•-•:..= . i a. "4., ,,i...,. :;.•4 1-',--f,f:_. -_-,,''-,,,, .$,..:.,11 ..:-';','..t.L..... ; ;'...'''z' :-.....P.V; '' '..'.' 474..:6)1A 'PT: ' .4 . ''. ',E'i.''''..A.' ..'...,_.'1,:t.'.'..''...'A' .; '..1.'2. ''..' 1'''. .'' .' '. ' '. .' .\ '. .? 'I '.I.*% '' LS IN-' ,fr
;i',•-• : -... .4,•4. ..1.4- • ,,,,,.,,,,,,'-.4„:„; 1 f '4. ..., • ...,4.._..,. ...c 4,*,-'/....• :', ,...';' 'ijt ' • A' pl,=.7 .1 ,,, _., .,4,...i _ • r' ....op- -7 - 4-,ir ;•,, 0.:=,.', Ai..7.e.,;‘ /V . 4. ,.. .,, ,. ,,,N, .Le 1, - . . :4.-'•-':#11,..:,...1.ill:fr-i-fr..:•;.-;:.::•..7'-it...,..,,,,7''''''.!'"I'..:..11'\,,..\-ti; : '''-• ' '.• .n . , • ' !...'•.-f ‘ iii, ..2I r..- i ''..• ...:' .:--••••:C1 . -":4•• .i--1• '4,V.511 -4g,i,,'!...' -.0...1.-,.4-6 1: k•"fl.,;•., ';:* -`.-- 2..,......2.4••-4-',,.,•:•:••:it,.-'-'0 •, ...:S•yrs5,...-.,7..•• kli ' 1.%=''' '-__ . F . •••••-4 •-te ..

V '44?-j-t-F X:, j 4, i;-'''.31....4 ..'%.," .',.,, 0... .414. .._./. 1: t4 ...,.. .. i 00,4,, .,,,,.....(1-„,.. ...., - . ,,.........z„ ......4.,,,.... :1 - _../.,-,_:( ,..,, , ..... - ,-.. 4,-...kf"'k ..'. ''. 1*.kv .L..-•_:"--.1, -AL. ..r.-:-t, •- • `c•_„,,z,i"„..e, . , ....- . .i.,... ; i'... . . ' ? . 6'...'' J' !. .Lir:,'" :_:.-:7,t,,,e--e- ' .,. 1.. _,- -- ;”.. , ,r).-:.ii , , f i ,..c.k: ,ipir l'i. t. , .,.1,.•$•!.,gil:,:j4:...'' r r..., 7 . .,„,cs ...,.., ._ .2 . L 4 ‘, ' ',(. . , r'.dY.)'ejf..•.;-.11'&.kil*.I •.i. S : '• -. ^I.• -..''. --.. -4.1,- 1' caws":

.•• ' a...• ' ..-
• . - . :',?1,44,1&, .'"4 .1. : '.:'• i-.41.',-t•'', -'''er''r' ---•=;'•1;'''''-.::•••4' .5'- . );.‘"....9 - ''''' ,' ;;.4`..t.: ' '- .5..'7•'-',. i:..:•.‘;'17-1;-4:7!. -k,•7-..f,s, f' ,- i. ilt;\ '' . • ', •-•.'„ .':;--4.-•,- •- .•. • ,'';-- - .;' •••.•••••?..• ?•.• ., • v••• , • - .4-•%,•.•'•`•-..;, •' ' •--• _'•,./.:• •'''!•-''"-''',..'.-,' '!•'•,:-;-"-At•itTr••!r'' '{-4"-- . -''''-'k`-'...•• - -Zkr‘ •4
%rev
4- -,4ilc71..• • • .•. •- ••-_- • '''-'';'s..../•-;.-1444r• 2,4•A'31.• • .7, ,•.'-- ` " ..",'..4•It 7 a•••-.- Ant_' ....'t
.,,.:.} 1'171. ', • , „. _ ' • ,:.1_,=.-•-"_%.;" '1, •5..,-":".•'''. 41- 4'- ,' -4hai_-y .• i ., ,.„ : ,.. . , .,, ' . • • 1. _ ,4.••-,,,,, ,,._,,, •„ • ,..,., _•,, - A,Z40,-. .-- ' : e ...v. . . , ,
- , .. .
,,,-- _ ,,... ----
,, ._.. ,....:.., .,.., - ....- _.„.t-
,
tejf ''' ...ogire:'-t•-•4 -- N. ' • , '1 • t- •- -4'.' *.. ' '• - , , • - ,•-• •45{:".-:-.: •k- • • .,- ,-- •

1., . • . - r.'i?r, +:',. L., • , . , r . • ,i, . ,. :-•..-.. -. '.4.4•1 ' •• - -. '.. ." , , ' ' .'.- • .. • • , ' • • ' 'J..'" r ' - - •• ',..7; . . . . . . . • , _ .
• . ,
!T .%, '‘ ,••:;..',. .,. . • ' I, • .,. - _v ,,,,t.Seht-, ... ..• ,-, - ; -',1t.,,. ' . , , • .„ ,
- -••-.: 31.„4401-€'• • 4.'''t 7'1. •• &''• •.' -1.',-.1,-,v.4"/. . .— ' '-`---- •"1 L' ' •' ' - '',IA'‘.4; .',-46"' ,?';''o . ' ' •, , 1' ., - ' -'''''"' ••••••.,-...-- . ,, , .- °''''' r.,c ,:,,',„.f'.." • ,N i ,'- , ,,:• .-4.. . : . • . . . ,, :-.:. '''' ''''.4.-71-..•,,.•• !,. .. %Ai _ .. ,.... ,.. . . ..,• % •_ '' ,4• ' fr 1 ' ,-- 4 ••••• .L: '1 •:',..r,' ' ,:::.'-'.` ' _ 4 ' . ,; ' '' .4 Iv Ifi,:. 7_ • ;-•,24.1.:,..--- .: :,...i,ziA.,',-,'r. : '.. 0.. . • - :,• , .,,:.
,L.,.' ' •,,,,,*-‘ •-••: - r-lf). z ,.'-,:"' "?,+.,' - A'•':' ' ,• ' ' NI
. •
•-.:.'z' ',•, ',...`P-77'' • - ( .,-,' - •, . ' • -,•',•44 •,1•'1-, . , ,a0t•-,,f•tg,. x '.1 .•`•.•rbrkt.-4 •. • • ' ,?:..' t • f ? -,,- ,.... ..t- -,-; - '- ,, .:•1-4,... 1v.4,,' '; . ,,,• , :.,.:, :;'.ite 4- si • Nr'ci'. :11.•,.."k• ,,-A.". %., • D,. -.1.• -,,, , . ....f-''•• , • - , - ' •:••0,-..,\., ‘•:,-_- . •• ,,,ii, ; ,.. .,....-.:r,eisr.........-.
l •-
^;• - .7•.:.^ • ' '. .3? .. • ' • .. •- ..L.--.L' fAv.... . .." ,..'• '....V%4- :
.
... • ''' ''. k. . -%.` /..• .--"...:-. .7":40aivig-,4.-• -' .tr,-- :-.. - ': ' •-..4.., j.,.r 1,1 • ,.. .. , . ,
- •' - , •r'; ,, ..-e 4--. ' , ,.. .. ,:22_1),,:-.. yr,,.;;,4-c-.7-„,it-•:-:-.,,g-----, 4;,--,:;1,m.:3L, -.,--1. -y---5:1:- ., „ .., , 1-',1-•-1'A4.T.€.e,,.0-.,.•„.,1,,;0•••..A

7..-.-:4,,'„,._4,.,4.- s,''•',..•:4L-,,. .\- • ; .,.6.k,'.!,;.-....7r,_b••.,/i j,:% L-A,-•'::*,I ....,-,,,' s.,,,-- . .S..a.•i-•.•',.,',.0:,•I•k1..„..t.A"6'•a .,4,,'4•7.z.r"QFi.
.
.' 4 7
Z Il -- - ,
-4 5 I.
•e) t„ /
. .
-.).„ • • - -A ..f.4 f'r' ,_ ,_,;11 1..• :'t iVr4 ' 10; i •I
1 • '1 1 -..
.
.
, .....•
,,,i-1 i4-.1- 4•- . , .., . '.,• % , t ,r1
....ir- --,:-,'-----4.•*- 'k,- '
, . . ..._ .. •1 a r-;-•'.•- • ..,--, '- ' '-•-.. --- ..tk - _:'-.r...=---.1-._ ./.1,,:r 4 . ,r '1 ._1-r • •
I 'Id ' i 1
....‘ : i
.:.ti I 'k..1. - 1, . •V ' _'1 '" '' ' . 1 . --1. '' " t — .1..;.,..., • L, oplif i j, 7iiir
,s• ,,
.,. . •- .., 7.-- ''', -.. ;AO/41,,..-i.,...01,A..Y.';re; , •:_.'....:1';',74','.-...

V '",'1' ..`.'it, • .:..• - -
!-.." till k I •'. ."1 . . .4 '. .--

14.6 ...-_
.%. , ..... i,-.„.. ., . .0..., • ' -' )).$' ' - • ' -4 •.' '''..'.141411111° 4... • y . ,. 1." ,. 4;,y..y • ,.r li., I. . .
.. .., '•.51 •'. ...'• 4- ... lg...:1,,::3'. --"_......: --...eV; . .....2.7,,,_ ,' .. * ..„ .r. iOn `..., .,,' ,q ' i. •cr: .'''' ,-, ' •-
:4,, ...,. .,, •••••N J +• -:‘,„,.1 11 t _:,, . • .. .
,

4. hl. •1 e • '' i 4',l''.• ';'•,,'".h. :i,i/, ,.-V./ , - ..4t
., . .,
.,:•:. 6.,....,di,....,•
..,;N.-,-.._ • — ,.... .__,_:_1„-, ',-...pi,/-- •• . -....''''''''.':....';'€*• • :::::„.: ,.::' %' ' 4. . '-'1j- i'' :Wri '''•X i A l'•kl,‘•'l'C'A*-. ..?, ' .'-'..('; Ar.,, 1.• • 2,' ' .r . -,34-••„I. ;:.;:: 4 f' ,, , .-t v ,• ..,0 e, •.... • ,,,.1. 7"%.,,,„...104.Sr,...r gt.'"_, 1 .,,.. . - .k .--... ...L.• _,A. ' • t "4 •L'I. '- Av,,i , il 4 -- ". 0.•3 '.• ' - •- • ,. :4t7-..1--••f',.... .''9..,;•., - -, • ---:, ..... ' ,71 7 ' /
Mer :.•0 '$: , ,• ,' -' 1.,0",..i, • krAi 4#0,"N . '',.t A'.. ' r ' , 1 - ('I.,,i! ..'_.'0; L ) ''' ' • ,..ii. • ,..: 1.1% rft d, 1-.1'.,,y ) ,ji.L - .Y,.), .. .,-i,:ii.,,‘!,.Ay,, •AL .,,,s., .., 4,..., . ,. , T_ , .• 4L., 4_,•••ke‘..k •: , -_•iick.‘„. • ; •• 4 . ''.". . v.. ---
T'f' ).'i '1' '""k ..1.tr'•;', ='• 4"•••,1 #. ', .i,1 •si't nyo.T.A.:%,-141,f f...,-,-1:0-.,_ ,-..--frf,i,-- ,. - .., r,......-- ---:..___ Trf-'- - ,. • ..- .,•• .. , l'o: :• i" I. '". .y.,',. f4 ' ...• ''f'-k•F .g•• . , i 0'1,' ..4 •I''':I. ,j A,' ' , ' . 1. f.'',,,‘. I k''It.'4..',I VI:. e.,,1( 140°'ef n'a'XY' 1' . . '' '4.;',. .' .'^...r. i.:..e'il.' ' N4 -,- , -• .•• ,_ -,*A -h,'`,...;.•...,.• ,'. . /A I f s'.Lt:'. ',,: ,a., --.!',L' Wil.'; ,'''- ..-.14'-rt..4. •• .. ,r,-''. •''o•-1• .,t Aka-.• • ..,. ..ii. .'--.J-;" :.'''''•4 - _.•'1Ai'''..„' 1,..,_''r t,..a,,,,:,,,,_,-3-.-4A....4.11.-04g:,'S...ailt_,__,';'-. • 1_ "i...;: ; ....'.- ' 4., , .0k ''. ', ... ,, i ';t 'i _ ,''•,',- . ,; 4r.:.,,v'-1 4.41'N,,-.4c-1 6 Y:.z.:•' • ,,,.,-4,,,"410 ' • I:. / 4-••,rat•VA.N.1'ht \at',T,Z1 - :"'' -:"': ,t, ,„/.4.-;1‘ :---• k.kr."-;•J 17tM.?^i- --,.: .:".. .1 -.. ''. '' r$4.,., : .''.4 1 '.:0'i M I,' 1-• ," 1:. .t.,' :t','n .14...tt,':. ,!;. 41 f ti :,.' ,;11 . ..-'i ••77 ..•A"11,. •.. • ::';''e'._- • .'-'t.. ';:...;: : , '4.1;•- ','i , ; , Ki4,14-4e. : -- (11
.k.IN*1 ,4r1. ,„,,.,,ft-.4 p ...,'. 1,,-1/4.,R;... • . , -,7,, .,• . , ,r .,,A.,ot • ,•1,i..), •,. i'. , . ,., ? ,,, .. 1- 14• i:rr. •'20, i'v''''••- i ;,• ' .'••;.o- 441 1r- "7,, ..- :..J,i-'-It .; '7,-.,' / ' : ," ,Ar•§4.,c-le,,,p, k ' ' '' ' Nr'';,.1....7A • 1.0-!, 'NI.,:•,. •;-. .).1,,,s' v•.),,,f?...m4;;LI- ., .L,,.....,,..• .. ...- .1 ,:••..-4•:-.,:i.r • -0'NI :-•,11,.••'-#r,4--t•L 1 T.- •'•7•1:;',•-or 4 ; ',. ,.,1-,- ' "! '... r^ yi^ ' 1! ' '' %:,e;L ',:q'strf';?$-' ;WV, $' ;1 ct--` ., t& 1 . , ' .1' '*,, ' , .' :i _57,54/.- . ,44 .. •,,,r, .•:.,..- :.',.,_-"'--i*/_ "t%, , :;. 11.1.._ . .‘,4).•-z , A-1 7$, 11 l'e-..,..,,,,-,- ,'i'4',, •,, ,4,-,"•,:i4.f?.. i., r.7'f ' -s'.24AL,'-y. •'• ,, ., '0,1111'31, . I L - , 1 i4:,•'..ka.•-.,:„. ',....:' ',"*,''',1, ^'71'...,v 41154Flenic,
., .r11.7:‘• It' V 1.-'v.",(.14...ry.,,1 i 4-0 t.r.;-,...:,,- ' _ ',,,r;.;,-,,, 0_ ,,,.. ,,,,k 41-9r- IiiI:,•1 ,.'E f -,;• ',:.' '. •'' 4. t'74.7'..-0.:7-eit,:". - '. :`• --4.; s'''''. kt,'. h.,K $1'1:4;"PI 5' tit'' ':- .0- -.'•-1::•44 i- •,•-:'.1. e.' qloW* --rsi',,t,„...,:e:' I ,,1 v,.;, ; --; .. it• s•+.,--v-Z,.-,4.:,... --;-• :. . .. ,,,,•:, ., , . , ,,. it , 1..;,...,.._.,_,,,_, .i,„:.:, • .-.4 " ',..,..,:.,2: .:''. t's ti r''' .,.1, -.,•.,y-i•a. r! ,,,.... 4%_petyzois,,;. -,..:,,,,,, ,1,3,1,:rti•f: /4,,,, f .;,..• 41,' ••••-,•,t4c. '•'?',.- •.- • A `-•d,,e4x. ,,i4.4," - •'-, 0-4 -', '. -'. •*... ''• 4. • .44‘. ')F• -,,- ,. .. ; .•if 2' ,''1,1 i I- . ‘,.... ,.3, ,.... 0.1: '.'. ' . f ', , --+ -,..-7N,. .41'-` "1/1 • 1- ' '1!t,t t; '11' ,.,•,..i,•- r. Ilk:d• .d it-q:.;', -i A ili i lit•' h.,g,'N k• '1 4. ___,'k,pi, 1 il - •'.1., 4 .-': 1. „.,. . ._ „ •41.i. ...•,. Yi. -'1;,, . i ' ,i'- mi. • ,,,'s ., k„,,,r., . g. to, .1,,r „iv 0 ,,,,,, ...,,,,t, .. :.-,,J.4., ,-: , ,ew .0‘...-.. ..,..,_ ,... , ,,,,,, .,x,.., t,..„::,, .,.A.,, itsit r„.,:,,,i'41.',V), 1 ., „ 0. ,). , $, ,, r • i%tE f ••,.,.y • •J'v A ,,„ft...,, y i. , .., : , ,_ •, , .. -.. ,-lr:, - .r-I.1i,- -,:• . - • v-k•,- '4' .,- '.;04 i...-:4.-t.., ,•••i,„- , I*e • ', 7:'r..4,r- . 1,i.' 4 . iPr'''''i. •' ' , : . :
14r1 Cr."..t-":.'' . 75F- • he ' '.tl%r 1 •;•Ill. ;'Lk. '.:: limp'el.21:. ;-_,'-:3:1;14: * '• • ''.0.5.11!PA.14-...a..' ',....*4::;...t.';...•i'r':,t1`il%sif:P.4.4:1 ',I4j:. .6,:i0_,..ors1;1'tt„,:::•'..4..1:4'441),..c,:11,...,1 17.....0.1_. .;' 7. ' ts101414 . , ..,_[a..g..7.. -1,7,, of 237 . • . IA .! N t- ,y 1 •I•wAr,.\ .' • '.10:-- s,...it.'e ../.,1 Ici-sricr'1r,.; ..,,.. .4i.49,- . .........Y. . rikt..." ., $
. . Viii -.. " , ,. .'• • 'k
,ot 4
.. ;:it .. ,,,_, 14.}..,.. ..• 4 4.4 . If;•• 4 •' - f 'I • .tl• , -,=. t••• .. ..... N.• .._ . • 4._ ,.. . . .,ow_,. , tr.„-0.,, '.,4 0 ..„. , , .. 4 .4 •' . ..'.

•
-' ' •'':-.'-'',1:4.':',;.;• ••.;,;1.1;l'ir ""..':.'.,. . 0 ;;
_ NI. I.
.. /per -!, w• ;
Allit
— I\ ` 'O''i .II, i• i iY r''
'Lc �,
' ' ..-•: N'.t ''',-. r::..:•"'OW }" 1 � motor dMw. -,+ :"..q` _,„w . , - ' - •
•
" =n.r'..,. _ � ,". .,.4- �+.. � fi� '►� 4` -'i' �«%t 1'� �. �•r .. �,,ys�� e< t. ., 4
r' �• _ I - . , ` - , -" e"; •lt - =-. • ' ; `- • _ Page 175 of 237. E

7. Li—. _ f : _.,! -- ,v ,T.__..,..,!iwt._•.".,:•;..._:,:o.,•., ',.'' ,..,. '.:to:i ;_4 &.:
i-1 ry s.
c f:
_ 11
•
•
I
g.:::
. .
iL 1 - _." _, -L._ , ., ,_._ .
_ ,..t. ._ k .. -1.41 - - ' -
i., , . .. .
. . , ,_.
rf
I. Ili'.
:� 10101
+ +" ;; x ti. r 'may •
-"yy: �' 4 .
•
r r �. l � •
: -:
,z:, .,,4\• r�T.. ^ern- • :ri {. `�-.�..ro:r.�� _.,'3.• 4 • t�,1. `l .•1.,r `! �'F;�'�,-`:• •-,'':, ':f•a i�=?� ,. rj �•-• ,} .i `. , •5s7: ,'• :a" l• •-•.-- ask•

1."4, it • u ti:-:R.•�':'Z ' �_ �'a v�+tr-.:
-;�• �•:C.'` -d. r. yli. I. :.•r t ,•. 4. : ;rj.,
•'�' y-,• p� r '�" �+F Ta5'I�. 'Sf +� i....�: ` .ty-�.'"' '"• Sri y.•1�' !•1 :weCJ'' • •y _ f. i--..`•-,a • ,"IS.
��. '�k - �'yl..T�•ti',"L..jk:�4j fsj., '4' ,:� �• I!�_�. n.{,y1. `" ' 4:�.•, t1Y. r '�• '•'y M1 rt r'. •,.jti.i r4
•
�' ' ksi S u n Y y.t ; 'r' ,',' _: a I.{ ,' ' ' { l t, ..i •!, L ['''A i L+,J• -- .r k.• _ a�i.• ,.' ,',: r, 'A 1 - - ›.'i• F-7 ,ti" „ :�: •i. • • -fir :_; "",• • t-`, •
it .} ','. is ' iL Alf v.+J r 't'•, ;+• �. •;•t 3' 1r• t3IiF . .�c ,r� -.. • { yr _ 41C.,�+n 1Y.'a ' •- •� ��,�';�[ .r`�"`•�. f�`4'�``��ti i` �.. .,� c �.t� 'ail ' -�+3. -.�. '4�• ,r• _�{.;�'� _ c,• F � � - '�}4� 7��.. � y�. $L��,� ••�S 1. -�Li„ 't i. •...Li.;•• ;;r1i� `.f h•- '.1 '�r �� ',i�','� + + � Is _ =I:��b �?' •
r ". ." ";� 1� n uu�il•. � 1 e•.", .� j � l'I �� al `r�':y, 4_ ��is,�"- _s -s '• A� •
a w f �.,44 e'1-N"'' ;' '.fir;• i-'.Y_� � �,....•r. ^:u 1I).: � t ti v i r A.. '4� :.tix'o. • _ •• 1 i #
=+ - � ••1-• _��' ��Pa'•'..-^. � a7 ,�.s�,.•;:., �.... .. � '•�, t • .�• .. •i - 1 ', r�?�• � �2 •
- �.sw :��' . 2-a-..:„,T�'_►•ti ; �i- ' J � � 4 .r py t y ' :fir='::' r .. � Y;r .! ^' fpi v.
.' , -,, ..r''.-.C.t.L' ,..... •?:-...,.,.....:\..72:;t. .fr;fR yr',-', ..wip .._.1%;!..__ rct,.. It ,,.*,.,41 , at,' . oi..\ ss. 4,.*,‘ „iro..,,f ;4,,,,,,,,. ,.c., ,, ... ., ,,,, .., ...r ,(� t, s'`" �4!fri , , 31,,,,,..
rt .'.:tr t; : i•,•' .,KS C"� a k►r" ?'' t. .4. r',■■ti , .{':`a47 :`�1 . ..v.•'A +�•

.4. F�; - .
.
4 =+(k 4•. �s
: r . . ok- • : ,i-. TD . _ . . . S ••
•
.".} �ryr �•_rr _•: :r'K' -' 'i ''4' 1• •' r `�t .�-1r=-fir_Y._ '. n'Gr b I
rf
•
•
•
•
r r. yr Yl
lip', 4. •1•1.10.••• .
•
•
A•. ;�., v n,. h
WI ...,..4
•
. X v.
• • Y 1 I NV
..I �`11 •h OC, SSS
ti
i' ''':.' -. ..-.- - .rrilit .1 '
47 .{ �� '..- .`• :�-,:•; •. .+ •,, ttir � • it{`.• �,t• °;• '1�J• -1.r� .1i.\ti,�•d• S "' ,y S •
. .— - �! -y• . • - ..2,:f ••."-7' . I• 1•' •'�•� -1, , '. • L. •.IY�� '1�' X `.:i•r' .'TLf,` y• �'' i ri• d _ _ - 7.. fi , -pf ay �.p. ;1 fi]I"'•� i i••7 •• �Y' "1 } � .�. •f�, {� • '� + Fit' _f •- t !s' • " , r. 1.' _ V..�.{r, : f• .�2.. ..%• 'T '•• �f 9ly••' - •11
• _ yy,,�a�
. - - 'F.•.i-..L.
-i1.• ' :f.. •,y :t:f: -f'' _ • • la • r?� t 6 l a. ' • I :,f Y. , 'Nr `�lt.�' S' : ,t u ��Y�. 2-S
1i
• .�' ti . 1( 'r• _ fg s ,,u +Swl• Y ' r r" .L• - t �':� .'"t 'x .�1 'Rr m:'a.-�' G,1:. r•.

•
•
+-' .i' 4 •'ytiy f•I•r.'•- ''2f.'S' .-`I • Lti f_• - - - 1; • ` 'i, •
_ t..,
• �r _ -.Yu ' " . �� 1 , I �, '��,,•� .T.7 ' ■_ I Fri �4:741s1'k '� • - •_ • - • .1. •'c.;-• .., •.l y Yr -+F 1-4 --.iL' ' - . . .. . . -s' :i_,i t.�.. 4:
x � + i — A * .1,, _,r
_ -.1 MIr - m in.1: •m m-A; •g •tom w,- .dr i., *x. »ir + !.I 1 _ 1 •
•
r - �- ��,.-}1. �:�.. 1 •+fr,-11'r• ��,•.'�+�, • ��t-cry» •
•
•
. s .
• •
_ _ _ _ •.!r.
•
•
•
•
•
•fit + • = ',;i 1. •
•1+,
K..r Page 178 of 237 ila

,� ••�3� .1407- '--II �'"1 illw••''II-- 4+.-:` •- fit• i.-- --1- •• Ley„ .. • - - : - - - -r .y-' �• ` lT . .-'�7 µ- -x �;Ci =ice 'S-'� -ti' rir�'� �i�r ` 11. �--• �—_� 1r :;•.— • } �' .��: :fi7~, •
s 'f 11�'r L.L x"•.'..`1i _- ��•H,['� -1��'.•��C: Rl. _- -.ry t ff. ..•L .• - - _. •
,� } .1 ._5.4 -''! = I'i:�5�y - K yJ. r. •'1 " 'I. ••i .:.r•' ''• • - ��•F". .- I ' - .. y — - ., µ jx •- . e• i.
r. r.
,r��. •..1 fit' .pry, }� J'•^ — _ x- =. ,-— ,"] I)r• :
•
Y �1 i �I �y • 1 '••- tir �' - 1 _. '• ��•• _ M1..:.. . . +[. �..1r J 4 !-r I -' 'r ''; j1 i 11�`��ri�.a .�`y �*,ram -�, i]'. ' - , • _ire•140 r•��M1l ,rf..•r.1
__
• ji. M ■ - 4:01�--V .a i`1 A. �n n n rer Ff i• - - _fir . •m .+Y ,. :a F +�1 $. ._
•
ter... • ".
•
•
•
• r_0010111%:, .. n
: _ ems
•
• - • `a •
•
6° ti •f . - ' •
•
..^ .-r - _ '
T , f • ►'- Page 179 of 237, • ..•,, 4',s: .. s,,, •,.: . '.{i...._. . . 'I .if 8 0

r —
AN
r. .7., .1 •(1,-;,"• ¢ � - - 'ice.._,-. '3.C. :7 3`•• • ' s'.- } try .: •t,.':. ±```.:;4 • • f... {•.
•
= ''.;t:: . T'-
. - r. - - ,• Page 180 of 237 E

Lizbeth Rodriguez
From: Sue Laughton
Sent: Monday,September 16,2024 1:02 PM
To: Lizbeth Rodriguez
Subject: [EXTERNAL]City of Upland Bids#109435&110490 You don't often get email from [email protected]. Learn why this is important WARNING: External email. Please verify sender before opening attachments or clicking on links.

Hi Liz,
The following bids have been revised September 16, 2024. This revision is the updated date for the bid and the 6o day price guarantee is extended for 6o days from today.

Bid #109435 — weed abatement
Bid #110490 — Well site maintenance
Thank you,
Sue Laughton
Bid Processor
CLS Landscape Management, Inc.

P: go9-628-3oo5
E: slaughton@a clslandscape.com
CLS
L.:dac.pn Flar...ps n.nl i
Follow us on Instagram @clslandscapemanagement or visit our website www.clslandscape.com for the most up-to-date landscape news! Notice: This e-mail, including any attachments, is intended only for the person to whom it is addressed and may contain confidential and privileged information. Any unauthorized use, disclosure or distribution is prohibited. If you receive this message in error, please notify our office with a return e-mail and delete the original message from your computer. Thank you.

To better serve our customers, we ask that urgent matters such as running water or other emergencies be called in to our office directly at 909-628-3005. This will help expedite your request. Thank you. 1 Page 181 of 237

BID SHEET
Estimate #109435
= 4329 State Street
C I[_ S Montclair,CA 91763
Phone: (909) 628-3005
Landscape Management,Inc Fax: (909)464-1021 Lite. No. 650883 April 25, 2024 City of Upland
DATE: CLIENT:

Weed abatement/Upland Basin Fisted Below
JOB: ADDRESS:

Description / Requirements
****REVISED 9/16/2024***
Bid is to perform a weed abatement around the Basin at Monte Vista and Arrow Route . We will need to do light brush clearing along the Arrow Route area around the cement pipe area. Per your request.

NOTE : THIS BID IS FOR A QUARTERLY SERVICE, AFTER THE ONE-TIME WEED ABATEMENT CLEAN UP.

Bid includes all labor, materials and dumping fees needed.

QUARTER 1 1 14000 . 00
QUARTER 2 1 14000 . 00
QUARTER 3 1 14000 . 00
QUARTER 4 1 14000 . 00
ALL PRICES WILL STAY IN EFFECT FOR 60 DAYS FROM DATE OF BID.

ANY BID OVER 60 DAYS WILL BE SUBJECT TO REVIEW AND A POSSIBLE PRICE

INCREASE
Sales Tax: . 00
BID TOTAL: $ 56000 . 00
04/
IGNATURE ATE SIGNATURE DATE
Any alteration or deviation from above specifications involving extra costs will be executed only upon written order,and will become an extra charge ALL PRICES WILL STAY IN EFFECT FOR 60 DAYS over and above the bid.All agreements contingent upon strikes,accidents,or delays beyond our control. FROM DATE OF BID. - - - -Page-9 82 01-237

BID SHEET
(7.--===L----,,x,\ Estimate #110490
= 4329 State Street
C I[ 1 S Montclair,CA 91763
Phone: (909) 628-3005
Landscape Management,Inc. Fax: (909)464-1021 Lic. No. 650883 July 5, 2024 City of Upland
DATE: CLIENT:

Mdil1Lendtice/well slues Listed nelaw
JOB: ADDRESS: _
Description / Requirements
***REVISED 9/16/2024***
Bid is to perform maintenance at each site listed, monthly or quarterly, per the attached sheet. Per Jose Aguilar ' s request .

UPLAND WELL SITES MONTHLY QUARTERLY
250 N. Benson Avenue $253 . 00 $550 . 00
2006 N. Campus Avenue $253 . 00 $550 . 00
1355 N. Benson Avenue $253 . 00 $550 . 00
1090 W. 22nd Street $293 . 00 $590 . 00
1285 W. 24th Street $253 . 00 $550 . 00
1655 W. 17th Street $343 . 00 $590 . 00
2545 Mountain Lane $433 . 00 $640 . 00
2351 Paloma Curve $163 . 00 $325 . 00
1850 W. 16th Street $253 . 00 $550 . 00
1850 W. 16th Street $208 . 00 $505 . 00
1552 W. 16th Street $208 . 00 $505 . 00
Campus Ave . & 17th Street $208 . 00 $320 . 00
1638 N. Benson Avenue $208 . 00 $505 . 00
401 E . 19th Street $253 . 00 $505 . 00
580 E . 15th Street $253 . 00 $640 . 00
1505 E . 16th Street $748 . 00 $1, 000 . 00 455 S . Campus Avenue $208 . 00 $370 . 00
159 N. 6th Avenue $208 . 00 $370 . 00
1258 W. 9th Street $208 . 00 $505 . 00
149 N. Benson Avenue $208 . 00 $505 . 00
1332 Charmaine Drive $343 . 00 $505 . 00
PER MONTH TOTAL = $5, 758 . 00 X 12 MO = $69, 096. 00 L-P6d0a11414n i 15-/a)-f
SIGNATUR DATE SIGNATURE DATE
Any alteration or deviation from above specifications involving extra costs will be executed only upon written order,and will become an extra charge ALL PRICES WILL STAY IN EFFECT FOR 60 DAYS over and above the bid.All agreements contingent upon strikes,accidents,or delays beyond our control. FROM DATE OF BID. __ Page 183 of 237

= BID SHEET
— r 4329 State Street
CLSMontclair,CA 91763
Phone: (909) 628-3005
Landscape Management,Inc. Fax: (909)464-1021 Lic. No. 650883 DATE: CLIENT: -
JOB: ADDRESS:

Description / Requirements
PER QUARTER TOTA = $11, 130 . 00 X 4 QTR = $44 , 520 . 00 Bid includes all labor and materials needed.

ALL PRICES WILL STAY IN EFFECT FOR 60 DAYS FROM DATE OF BID.

ANY BID OVER 60 DAYS WILL BE SUBJECT TO REVIEW AND A POSSIBLE PRICE

INCREASE
Sales Tax: . 00
BID TOTAL: $ 113616 . 00
SIGNATURE DATE SIGNATURE DATE
Any alteration or deviation from above specifications involving extra costs will be executed only upon written order,and will become an extra charge ALL PRICES WILL STAY IN EFFECT FOR 60 DAYS over and above the bid.All agreements contingent upon strikes,accidents,or delays beyond our control. FROM DATE OF BID. — _ _.= Pa-ge_1-84—of--237

of Tlya
~�� ~mod CALIFORNIA LEVINE ACT DISCLOSURE STATEMENT .:il,• .+ICJ
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:
littps:// www.uplandca.govicity-council-treasurer
Parties and their Agents are responsible for accessing the link to review the names and disclosing their applicable contributions to City Officers on the record of a proceeding.

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

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

LINO

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? 1 YES If yos, please identify the council Member(s):
1=INO
Answering yes to either of the two questions above does not preclude the Upland City Council from awarding a contract or approving an application or any subsequent action. It does, however, preclude the identified Council Member(s)from participating in any actions related to your proposal or application.

C4"1-/-P--1
9-3-24 _
Date Sig azure of authorized individual
Laura Hansen
Company/Applicant Name
(Levine Act definitions on reverse side)

Page 185 of 237 ends

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(a1 "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 Gov. Code 84308(a)(2) entitlement for use and who has a financial interest in 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 Rep 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 Rest Competitively Bid successful bidder refuses or fails to execute the 18438 2(a)(_3)IA) 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 Req 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 Req Contract an agency employee.A contract with an independent 18438.2(a)(3)(C)-(D) contractor is NOT a personal employment contract.

Page 186 of 237 ends

�� pl"� CITY
UPLAND
„.;
"The City of Gracious Living"
Staff(krctilt
C�tIFOB�S
DATE: October 14,2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:CHRIS ALANIS,INTERIM PUBLIC WORKS DIRECTOR

BOB CRITCHFIELD,ENGINEERING MANAGER
SUBJECT: CONSIDER AN AWARD OF BID FOR ARPA ALLEY REHABILITATION PHASE II (BID NO.2024-08)
RECOMMENDED ACTION:

It is recommended that the City Council approve the Plans and Specifications for the ARPA Alley Rehabilitation Phase II Project;award the construction contract to Onyx Paving Company in the amount of$936,000;and authorize a construction contingency in the amount of$140,000,for a total amount of$1,076,000.

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

BACKGROUND
On October 11, 2021, the City Council approved the American Rescue Plan Act (ARPA) Investment Plan, where $1,000,000 of ARPA funds were allocated to Alleyway Improvements.

On February 28,2022,the City Council awarded a$448,000 contract to Onyx Paving Company to construct Phase I ARPA funded alley improvements on four alley segments, which were subsequently completed and accepted by the Council on September 12,2022.

ISSUES AND ANALYSIS
The City recently completed the construction documents for Phase II of the ARPA funded alley improvements in order to rehabilitate seven (7) alley segments as identified on the attached map. Specific improvements include replacement of old brick sewer manholes with new concrete manholes; installation of new concrete alley gutters; minor concrete sidewalk slab and transition improvements;and reconstruction of asphalt concrete pavement.

The ARPA Alley Rehabilitation Phase II Project was advertised in the Daily Bulletin on September 6, 2024, and September 13,2024,in accordance with the California Public Contract Code(Section 20164)and was also listed on the City's website and Planet Bids. On September 30,2024,the City received and opened six(6)bids for the Project, under Bid No.2024-08,as follows:

BIDDER BID AMOUNT
Onyx Paving Company $ 936,000.00
Gentry General Engineering,Inc. $1,065,383.00
Tyner Paving Company $1,179,172.95
Sequel Contractors,Inc. $1,190,502.00
Terra Pave,Inc. $1,237,090.00
All American Asphalt $1,310,875.00
The lowest responsible bidder was Onyx Paving Company of Anaheim,California,with a bid of$936,000. The City has reviewed all 6 bid packages and confirmed that Onyx Paving Company is the lowest responsible and responsive bidder. If awarded tonight, construction is anticipated to begin in November and be substantially complete by late January,weather permitting.

Page 187 of 237 ends

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 September 3,2024.

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

Estimated Project Costs
Basic Bid Amount $936,000
Construction Contingency $140,000
Total Contract Work: $1,076,000
Construction Administration and Inspection $17,000 Material Testing $4,000
Total Project Cost: $1,097,000
FY 2024/25 Available Funding
FY 24-25 CIP Acct.No.229-16160(ARPA Fund) $524,839 FY 24-25 CIP Acct.No.426-86005 (St.&Alley Prog.Fund) $336,161 FY 24-25 CIP Acct.No. 645-94009(Sewer Fund) $236,000 Total Project Funding: $1,097,000

ALTERNATIVES

1. Reject all bids and authorize the City Clerk to re-advertise the Project. Due to a successful bidding process and strict time limitations on encumbering ARPA funds, staff does not recommend this alternative.

2. 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. The City filed the Notice of Exemption with the County of San Bernardino on September 3,2024.

Page 188 of 237 ends

ARPA ALLEY REHABILITATION PHASE II
Sprouts Farmers ?I We
Market Yr511S
�y prep Li fe 11 Ti
�p
I I I I Mooyah
ELvira'sMexican Grille
Aroma Indian Grill Denny's as W Foothill Blvd 66 E Foothill BLvd
Bearyrlirious
Upland Highlander ��
din # kadiurrr +�
c Coco's Bakery
415 -o a
z
W 11th St z 11th St
m
C
aI
c D
coco
E G
c
P
ro
s
co
EF5
WWirtn Dr
> 'N Arrow Hwy E Arrow Hwy - •
a
n
I- z
Alpine 5t > WALpiDe St z
IT -a
CP EDSt
lVerniM Dr
o

4.411".Th
1" = 636 N VICINITY MAP 10/0212024
F
This reap may represents a visual display of related geographic information.Data provided here on is not guarantee of actual field conditions.To be sure of corn plete accuracy,please contact the responsible staff formost up-to-date information_ f OgC 189 of 237

, trpl" CITY FUPLAND
„.;
"The City of Gracious Living"
Stafif(krctilt
C�tIFOB�S
DATE: October 14,2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:CHRIS ALANIS,INTERIM PUBLIC WORKS DIRECTOR
MARC WARNER,UTILITIES SUPERVISOR—WATER

LIZBETH RODRIGUEZ,MANAGEMENT ANALYST
SUBJECT: CONSIDER APPROVAL OF THE SECOND AMENDMENT TO THE AGREEMENT FOR

ON-CALL ASPHALT PAVEMENT REPAIR SERVICES WITH HARDY AND HARPER RECOMMENDED ACTION:

It is recommended that the City Council approve the Second Amendment to the professional services agreement with Hardy&Harper and authorize the City Manager to execute the Amendment.

GOAL STATEMENT
The proposed action supports the City's goal of providing a high quality of life by ensuring that streets and alleys impacted by water and sewer main repairs are restored to proper working condition in a timely manner.

BACKGROUND
The City of Upland regularly performs maintenance and repairs on its water distribution system, including hydrant repairs,mainline leak repairs,service line replacements,and water apparatus retrofits.These essential activities often require immediate asphalt pavement patching and repairs to restore the affected areas.

On July 26, 2021,the City Council approved an with Hardy&Harper to provide on-call asphalt pavement services for three-years, with three additional 1-year mutual extensions, ensuring swift restoration of roadways impacted by water system repairs. The contract has played a vital role in maintaining the safety and functionality of the City's roadways.

ISSUES AND ANALYSIS
Hardy & Harper has consistently delivered high-quality service, meeting the City's requirements for prompt and efficient pavement repairs. To prevent any service interruptions and continue providing timely pavement restoration, staff proposes extending the contract with Hardy & Harper by exercising the option for the first of three additional one-year terms.

ENVIRONMENTAL DETERMINATION
The proposed action is not subject to the California Environmental Quality Act(CEQA).According to Section 15378 of the CEQA Guidelines,the proposed action does not meet the definition of a"project"under CEQA and is therefore exempt.

FISCAL IMPACTS
The proposed contract extension,totaling$200,000,is budgeted in the Water Utility Contract Services Account No. 6406206-5253.Hardy&Harper has provided an updated rate sheet as of July 2024,reflecting no changes to the fee schedule from the original agreement approved on July 26,2021.The rate sheet is attached for reference.

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

Page 190 of 237 ends

SECOND AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT FOR

ON-CALL ASPHALT PAVEMENT REPAIRS WITH
HARDY AND HARPER, INC.

THIS SECOND AMENDMENT TO AGREEMENT ("Second Amendment") is made and entered into as of October 14, 2024 between the City of Upland, a municipal corporation ("City") and Hardy and Harper Inc. a California corporation ("Contractor"). City and Contractor are sometimes referred to herein individually as a "Party" and collectively as "Parties."

RECITALS
A. WHEREAS, the City and Contractor have entered into an agreement, dated July 26, 2021, for On-Call Asphalt Pavement Repairs (the "Original Agreement").

B. WHEREAS, the Parties entered into the First Amendment to the Original Agreement on December 13, 2021 ("First Amendment") (collectively, the Original Agreement and the First Amendment are referred to hereafter as the "Agreement").

B. WHEREAS, the Parties now desire to enter into an amendment to the Agreement in order to extend the Term of the Agreement by one year, and to specify the payment for services for the Extended Term, as that term is defined hereafter..

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

AMENDMENT

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

2. Amendment to Section 5 - Payment. Section 5 entitled " Payment", of the Agreement is amended to read as follows.

5. PAYMENT
a. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth Required Documents with RFP Response Document Description (On-Call Asphalt Pavement Repairs), attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in (ON-Call Asphalt Pavement Repairs) other than the scope of work to be performed, payment rates and schedule of payment are deemed not to be part of this Agreement. The total not-to-exceed amount for the Extended Term of this Agreement shall not exceed $200,000 unless additional payment is approved as provided in this Agreement.
- 1 -
46708.00113\42783063.1

Page 191 of 237 ends

b. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by the City Manager and the Contractor at the time City's written authorization is given to Contractor for the performance of said services.
c. Contractor shall submit invoices monthly for actual services performed.

Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt. of each invoice as to all non-disputed fees. If the City disputes any of Contractor's fees it shall give written notice to Contractor within 30 days of receipt of an invoice of any disputed fees set forth on the invoice.

3. Term Extension. The Agreement is hereby extended for an additional one- year term, commencing on July 27, 2024, and ending on July 26, 2025 (the "Extended Term"), under the same terms and conditions, unless further modified by mutual written agreement of the Parties.

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

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

6. Counterparts. This Second Amendment may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
- 2 -
46708.00113\42783063.1

Page 192 of 237 ends

SIGNATURE PAGE FOR

SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR ON- CALL ASPHALT PAVEMENT REPAIRS WITH HARDY AND HARPER, INC.

IN WITNESS WHEREOF, the Parties hereto have executed this Second Amendment on the Effective Date first herein above written.

CITY OF UPLAND CONTRACTOR
a California municipal corporation Hardy and Harper, Inc. 31 Rancho Circle
Lake Forest, CA 92630
By:

Michael Blay, City Manager
Name:

Title:

Attest:

By:

Keri Johnson, City Clerk
Name:

Title:

Approved As to Legal Form:

Stephen Deitsch, City Attorney
- 3 -
46708.00113\42783063.1

Page 193 of 237 ends

EXHIBIT A-1

ADDITIONAL SERVICES/SCHEDULE OF CHARGES
[ATTACHED]
- 4 -
46708.00113\42783063.1

Page 194 of 237 ends

July 29, 2024

EXHIBIT 'A'

FEE SCHEDULE
On-Call Asphalt Repair—Standard Pricing
(includes all Labor,Equipment,Materials&Disposal Costs) Equipment Breakdown (w/o Labor) Daily Rate
Flat Bed Truck w/Compressor Mount 330 . 00
Bob-Tail Truck 9-11 Yards 320 . 00
Concrete Flat Bed Truck 300 . 00
Dump Truck 9-1 1 Yards 350 . 00
Air Compressor 160 . 00
Water Truck 320 . 00
Skip Loader(incl trailer) 350 . 00
Flat Bed Truck w/3-5 ton roller combo 670 . 00
Dump Truck w/Skip Loader&Trailer combo 700 . 00
10-12 Ton Roller(incl trailer) 620 . 00
3-5 Ton Roller(incl trailer) 370 . 00
Berm Machine(min.charge) 1 , 500 . 00
Bobcat w/bucket 250 . 00
Bobcat w/grinder 310 . 00
Materials Unit Cost
Asphalt(D2-PG 64-10 Mix) in accordance with SSPWC TON 95 . 00 Subsections 203-6"Asphalt Concrete"and 302-5 "Asphalt
Concrete Pavement"
Asphalt(C2-PG 64-10 Mix) in accordance with SSPWC TON Subsections 203-6 "Asphalt Concrete"and 302-5 "Asphalt 92 . 00 Concrete Pavement"
Asphalt Plant Opening on Saturday EA 1 , 000 . 00 Crushed Aggregate Base (CAB) per SSPWC Section 200- CY 25 . 00

2.2 Crushed Miscellaneous Base (CMB) per SSPWC Section CY 200-2.4. Note: Processed Miscellaneous Base will NOT be 15 . 00 allowed.

Tack Coat Material Grade SS-1 h per SSPWC Subsection SF 1 . 00 302-5.4
Concrete(3 - 10 C.Y.) CY 195 . 00
Short Load Charge (less than 3 C.Y.) EA 7 0 0 . 0 0

Page 195 of 237 ends

EXHIBIT 'A'

FEE SCHEDULE
On-Call Asphalt Repair—Standard Pricing
(includes all Labor,Equipment,Materials& Disposal Costs) Asphalt 4"thick-Remove and Replace Unit Unit Price (includes sawcut/grind, tack coat, 95%
compaction)
1 0—500 SF 13 . 50
2 501 —2,000 SF 10 . 00
3 2,001 —5,000 SF 7 . 00
4 5,001 — 15,000 SF 4 . 50
5 15,001 —30,000 SF 3 . 50
Asphalt 6"thick-Remove and Replace in 2 Unit Unit Price Lifts (includes saw-cut/grind, tack coat, 95%
compaction)
1 0-500 SF 17 . 00
2 501 —2,000 SF 11 . 75
3 2,001 —5,000 SF 9 . 25
4 5,001 — 15,000 SF 5 . 75
5 15,001 —30,000 SF 4 . 75
6" Asphalt Berm -Machine Unit Unit Price
1 0—500 LF 12 . 00
2 501 — 1,000 LF 11 . 00
8" Asphalt Berm- Machine Unit Unit Price
1 0—500 LF 13 . 00
2 501 — 1,000 LF 12 . 00
"T-Cut"Asphalt Grinding-0.12' Depth w/ Unit Unit Price

0.12' AC Overlay
1 0—500 SF 9 . 50
2 501 —2,500 SF 4 . 50
3 2,501 —5,000 SF 3 . 25

Page 196 of 237 ends

EXHIBIT 'A'

FEE SCHEDULE
On-Call Asphalt Repair—Standard Pricing
(includes all Labor,Equipment,Materials& Disposal Costs) Striping (Two Coats Paint) Unit Unit Price
1 4-inch White Stripe LF 1 . 15
2 6-inch White Stripe LF 1 . 45
3 8-inch White Stripe LF 1 . 75
4 4-inch Yellow Stripe LF 1 . 15
5 4-inch Double Yellow Stripe LF 2 . 30
Striping (Thermoplastic) per Caltrans Std. Unit Unit Price 1 1 2-inch White Cross-Walk SF 5 . 00
2 1 2-inch White "Ladder Style" Cross-Walk SF 5 . 00 3 1 2-inch Yellow Cross-Walk SF 5 . 00
4 1 2-inch Yellow "Ladder Style" Cross-Walk SF 5 . 00 5 1 2-inch White Stop Bar SF 5 . 00
6 Pavement Legend (Arrows, Speed Limit Markings) EA 2 0 0 . 0 0 7 Pavement Legend ("STOP") EA 300 . 00
8 Pavement Legend ("STOP AHEAD") EA 300 . 00 9 Pavement Legend ("KEEP CLEAR") EA 300 . 00 10 Pavement Legend ("SIGNAL AHEAD") EA 350 . 00 1 1 Pavement Legend ("SLOW SCHOOL XING") EA 400 . 00 12 Pavement Legend (Railroad Crossing Symbol) EA 200 . 00 13 Pavement Legend (Bike Lane Symbol) EA 200 . 00 AC cap over existing (Skin patch) Unit Unit Price (I"- 1.25" nominal thickness)
1 0— 1,000 SF 11 . 50
2 1,001 —5,000 SF 9 . 50
3 5,001 — 10,000 SF 7 . 50
4 10,001 + S.F. SF 5 . 50
Slurry Seal—Type 1 Unit Unit Price

Page 197 of 237 ends

1 0— 1,000 SF 5 . 15
2 1,001 —5,000 SF 2 . 85
3 5,001 — 10,000 SF 1 . 4 5
4 10,001 + S.F. SF . 65
Slurry Seal—Type 2 Unit Unit Price
1 0— 1,000 SF 5 . 15
2 1,001 —5,000 SF 2 . 90
3 5,001 — 10,000 SF 1 . 5 0
4 10,001 + S.F. SF . 75

Page 198 of 237 ends

PROFESSIONAL SERVICES AGREEMENT
On-Call Asphalt Pavement Repairs
THIS AGREEMENT is made and effective as of July 26, 2021, between the City of Upland, a municipal corporation ("City") and Hardy&Harper, Inc. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein,the parties agree as follows:

1.TERM,This Agreement shall commence on July 26,2021 and shall remain in effect for three(3) years.The City may,upon mutual agreement, extend the contract for three(3) additional 1 (one) year terms. If contract is extended beyond the original term, contract price may be adjusted at the beginning of each calendar year in accordance with the changes in the Consumer Price Index for all Urban Consumers in'the Los Angeles-Anaheim-Riverside Area published monthly by the United States Bureau of Labor Statistics(CPI).

2. SERVICES. Contractor shall perform the services and tasks described and set forth in Exhibit A,attached hereto and incorporated herein asthough set forth in full. Contractor shall complete the tasks according to the schedule of performance which is also set forth in Scope of Services.

3.PERFORMANCE. Contractor shall at all times faithfully,competently and to the best of his or her ability, experience, and talent, performs all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement.
4, PF.'.EVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor rode of the State of California,the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations' Internet web site at http://vvww.dir.ca.gov . Contractor shall provide a copy of prevailing wage rates to any staff or sub-contractor hired and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code, Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of$25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract

5. PAYMPIT
a.The City agrees to pay Contactor monthly,in accordance with the payment rates and terms and the schedule of payment as set forth Required Documents with RFP Response Document Description(On-Call Asphalt Pavement Repairs), attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks.

Any terms in (On-Call Asphalt Pavement Repairs) than the scope of work to be performed, payment rates and schedule of payment are null and void. This amount shall not exceed $150,000 annually for the total term of the Agreement unless additional payment is approved as provided in this Agreement,
b. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein unless such

Page 199 of 237 ends

additional services are authorized in advance and in writing by the Public Works Director.

Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by Public Works Director and Contractor at the time City's written authorization is given to Contractor for the performance of said services. c, Contractor will submit invoices monthly for actual services performed. invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previousmonth. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of the contractor's fees it shall give written notice to Contractor within 30 days of receipt of an invoice of any disputed fees set forth on the invoice,

6. SUSPENSIQN OR TERMINATION OF AGREEMENT WITHQUT CAUSE, a. The City may at any time,for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the contractor at least ten (10) days' prior written notice.Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section,the Contractor will submit an invoice to the City pursuant to Section 4.

7.[3EFAULT OF CONTRACTQR.
a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor, If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractors control, and without fault or negligence of the Contractor, it shall not be considered a default. b. if the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10}days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

OWNERSHIP OF DQCUMENT$,
a. Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services

Page 200 of 237 ends

provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three(3)years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used,reused,or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files containing data generated for the work, Contractor shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.

9.INDEMNIFICATION.
a The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees, and volunteers from and against any and all claims, dr.,enande,losses, defense costs or expenses, Including attorney fees and experiwitness fees,or liability of any kind or nature which the City, its officers, agents, and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City. b. In the event any claim or action is brought against City relating to Contractor's performance or services rendered under this Agreement, Contractor's shall render any reasonable assistance and cooperation which City might require.

10. INSURANCE REQUIREmENTS, Contractor shall procure and maintain for the duration of the contract insurance against claims for Injuries to persons or damages to property,which may arise from or in connection, with the performance of the work hereunder by the Contractor, its agents, representatives,or employees.
a. eitinirwm Scone of I nsuraope. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability form No.CG 00 01 11 85 or 88.
(2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non-

Page 201 of 237 ends

owned auto endorsement to the General Liability policy described above is acceptable_
(3) Worker's Compensation insurance as required by the State of California and Employer's Liability insurance. If the Contractor has no employees while performing under this Agreement,worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. (4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Contractor's profession. 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 California;'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. Deductibles and (?elf-Insured Retentions.Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations,claim administration and defense expenses,
d. Other Insurance Previsions, The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
(1) The City, its officers, officials, employees, and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied,or used by the Contractor;or automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees,or volunteers. (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers.Any insurance or self-insured maintained by the City, its officers, officials,

Page 202 of 237 ends

•
employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
(3) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
(4) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended,voided, canceled by either party, reduced in coverage or in limits except after thirty(30)days'prior written notice by certified mail, return receipt requested, has been given to the City.
e.,Acceetabititipf Insurers. Insurance is to be placed with insurers with a current A.M. nest's rating of no less than A: VIII and admitted and licensed to do business in the State of California, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements. f. Verification of Coveraqe. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences.As an alternative to the Citrs forms, the Contractor's insurer may provide complete,certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications.

11.INDEPENDENT_QQNTRACTOR,
a.Contractor is and shall at all times remain as to the City a wholly independent contractor.

The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control, Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees, or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner.
b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. c. 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

Page 203 of 237 ends

subcontractors,as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
d. 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 enrollin PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

11.LEGAL RESPONSIBILITIES.

The Contractor shall keep itself informed of all local, State and Federal ordinances, laws, and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. Contractor is responsible for compliance with the Patient Protection and Affordable Care Act (2010), and City shall not be obligated to provide any health care coverage to Contractor. The Contractor shall at all times observe and comply with all such ordinances, laws, and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section.

12. RELEASE OF INFORM1TION,
a, All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization.

Contractor, its officers, employees, agents, or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered"voluntary" provided Contractor gives City notice of such court order or subpoena. b. Contractor shall promptly notify City should Contractor, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories,request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Contractor and/orbe present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, City's right to review any such response does not imply or mean the right by City to control, direct,or rewrite said response.

12.NOTICES,
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to,Federal Express,that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be

Page 204 of 237 ends

~
effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail espnovidedabove, To City, City ofUpland ToConhractor Hardy & Harper Inc, Mailing Address: 48ON. Euclid Ave 31 Rancho Circle Upland, CABi786 Lake Forest, CAQ263D
Attention: City Manager Attention: AsN|eB(onchand 13'��NMENT...

The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder,without prior written consent of the City. Upon terminationof this Agreement, Contractors sole compensation shall be payment for actual services performed up to, and inc|uding, the dwba of termination or as may be otherwise agreed to in writing between the City Counmi|end the Contractor
14'UCENSES,
At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of itby law for the performance of the services described in this Agreement.

16. ��{N��'
The City and Contractor understand and agree that the /owo of the State of California shall govern the ,ighte, oblkJabons, duties, and liabilities of the parties to this Agreement and also govern the interpretation of thieAgrnemi6hL Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Upland.|n the event such litigation imfi{adby one party against the other hmenforce its eights u d this Agn»ement.tho prevailing party, ma determined by the Court'ajudgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.

16.PROHIBITED|NTERE_$T,
No officer,or employee mfthe City mf Upland shall have any financial interest,direct or indirect, in this Agreement, the proceeds thereof, the Contractor, orCpn1ractoeo nub'cpntractnrafor this project,during hisiher tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Upland has any interest, whether oomdnootuaL non-nomdnuctua|, finonoim|, or othemvine, in this tnonmmot|on, or in the business of the Consultant or Consultant's sub-contractors onthis pr*ot. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law nr this Agreement.

17.g NTURE Aa-REE ME N T^
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this AQrmmrnent. All prior or contemporaneous s@raementa, understmnd/ngn, repnamenbyt|ons, and statements, oral orwritten, are merged into this Agreement and shall beofno further force oreffect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material,

18. UTIJORITYTO EXECUTE THIS ACaREEMENT,

Page 3 ends

The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.

19.SEVERABI1d1Y,
If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance.Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party,is materially impaired, which determination made by the presiding court or
arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s)through good faith negotiations.

20.WAIVER,
The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or eventshall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver

21.CONSTRUCTION.

The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

22.COSTS.

Each party shall bear its own costs and fees incurred in the preparation andnegotiation of this Agreement and in the performance of Its obligations hereunder except as expressly provided herein.

23.RESPQNSISIttITy FOR ERRORS.

Contractor shall be responsible for its work and results under this Agreement. Contractor, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Contractor occurs, then Contractor shall, at no cost to City, provide all necessary design drawings,

Page 206 of 237 ends

estimates and other Contractor professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.

24.ATTORNEYS'FEES,
In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of itsrights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
(signatures on following page)
•

Page 207 of 237 ends

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the dayand year first above written.

CITY OF UPLAND
/el /1/
Stephen Parker, Acting City Manager
Attest:.

Keri Johnson, City..Ci 1C
Approved As to Form:

Stephen Deitsch,City Attorney

CONTRACTOR
Hardy&Harper Inc., 32 Rancho Circle, Lake Forest, CA 92630 (714-444-1851) By:

Name: Michael rurrAy
Title: Vice President
By: .It
Name: Kristen Paulino
Corporate Secretary
Title:

Page 208 of 237 ends

EXHIBIT 'A'

FEE SCHEDULE
On-Cali Asphalt Repair—Standard Pricing
(includes all Labor, Equipment, Materials&Disposal Costs) Equipment Breakdown(wio Labor) Daily Rate
Flat Bed Truck w/Compressor Mount $330.00y
Bob-Tail Truck 9-11 Yards $320.00
Concrete Flat Bed Truck $300.00
Dump Truck 9-11 Yards $350.00
Air Compressor $160.00
Water Truck $320.00
Skip Loader(inci trailer) $350.00
I Flat Bed Truck wl 3-5 ton roller combo $670.00 Dump Truck w/Skip Loader&Trailer combo $700.00
1 0-12 Ton Roller(Inc!trailer) "$620.00
3-5 Ton Roller(inci trailer) $370.00
Berm Machine(min.charge) $1,500.00
Bobcat wi bucket $250.00
Bobcat wi grinder $310.00
Materials Unit Cost
Asphalt(D-2 Mix) Ton $95.00
Asphalt(C-2 Mix) Ton $0700
Asphalt Plant Opening on Saturday $1,000.00
Class II Rock Base C.Y. $25.00
CMB Rock Base C.Y. $15.00
Tack Material S.Y. $1.00
Concrete(3- 10 C.Y.) C.Y. $180.00
Short Load Charge (less than 3 C.Y.) $500.00

Page 209 of 237 ends

EXHIBIT 'A'

FEE SCHEDULE
On-Call Asphalt Repair—Standard Pricing
(includes all Labor,Equipment,Materials&Disposal Costs) Asphalt 4"thick-Remove and Replace Unit Unit Price (Includes sawcut)
1 0--60O • S.F. $14.50
2 501 -2,000 S.F. $10.00
3 2,001 --5,000 S.F. $7.00
4 5,001-15,000 S.F. $4.50
5 15,001 —30,000 S.F. $3.50 --
I Asphalt 8"thick-Remove and Replace Unit Unit Price (includes saw-cut) �..y...� I _
.I
1 0—500 S.F. $18.00
2 1 501 r 2,000 S.F. $12.75
3 2,001—5,000 S.F. $9.25
4 15,001 -15,000 S.F. $5.75
5 15,001 —30,000 S.F. $4.75
8 Asphalt Berm-Machine Unit Unit Price
1 0—500 L,F. Si0.50
2 501 —1,000 L.F. $9,50
18"Asphalt Berm-Machine ! Unit Unit Price
1 0—500 L.F. $12.00
2 1501 —1,000 L.F, $11.00
"T-Cut"Asphalt Grinding—0.12'Depth I Unit Unit Price w/0.12'AC Overlay
1 — 0—500 S.F. $9.50
2 1501-2,500 S.F. $4.50
3 2,501 —5,000 S.F.

Page 210 of 237 ends

EXHIBIT 'A'

FEE SCHEDULE
On-Call Asphalt Repair—Standard Pricing
(includes all Labor, Equipment,Materials&Disposal Costs) Striping(Two Coats Paint) I Unit Unit Price
1 4-inch White Stripe , L.F. I $1.15 2 6-inch White Stripe L.F. ' $1.45
3 8-inch White Stripe L.F. $1.75
4 4-Inch Yellow Stripe i L.F. $1.15
5 4-inch Double Yellow Stripe 1 L.F. $2.30 �__
in p�Stri g(Thermoplastic) Unit j_ Unit Price
1 12-inch White Cross-Walk 1 S.F. ' $5.75 2 12-inch Yellow Cross-Walk S.F. $5.75
3 12-inch White Stop Bar S.F. $5.75
' Slurry Seal—Type 1 J Unit Unit Price
1 0-1,000 S.F. $5.15
2 1,001 —5,000 S.F. $2.85
3 5,001 —10,000 S.F. $1.45
4 10,001 +S.F. S.F. $0.65
Slurry Seal—Type 2 Unit Unit Price
1 0—1,000 _____ S.F. $5.15-
2 1,001—5,000 S.F. $2.90
3 5,001—10,000 S.F. $1.50
4 10,001 +S.F. S.F. $0.75

Page 211 of 237 ends

EXHIBIT `A'
FEE.SCHEDULE
On-Call Asphalt Repair—Standard Pricing
(includes all Labor, Equipment, Materials&Disposal Costs) Equipment Breakdown(w/o Labor) 1 Daily Rate
Flat Bed Truck w/Compressor Mount $330.00
Bob-Tail Truck 9-11 Yards $326.06
Concrete Flat Bed Truck $300.00
Dump Truck 9-11 Yards $350.00
Air Compressor $160.00
Water Truck $320.00
Skip Loader(Intl trailer) $350.00
Flat Bed Truck wl 3-5 ton roller combo $670.00
Dump Truck wl Skip Loader&Trailer combo $700.00 10-12 Ton Roller(incl trailer) $620.00
3-5 Ton Roller(incl trailer) $370.00
Berm Machine(min.charge) $1,500.00
Bobcat w/bucket $250.00
Bobcat w/grinder $310.00
Materials Unit Cost
Asphalt(D-2 Mix) Ton $95.00
Asphalt(C-2 Mix) Ton $90.00
Asphalt Plant Opening on Saturday $1,000.50
Class II Rock Base C.Y. $25.00
CMB Rock Base C.Y. $15.00
Tack Material S.Y. $1.00
Concrete(3- 10 C.Y.) C.Y $180.0-0
Short Load Charge(less than 3 C.Y.) $500.00

Page 212 of 237 ends

July 29, 2024

EXHIBIT 'A'

FEE SCHEDULE
On-Call Asphalt Repair—Standard Pricing
(includes all Labor,Equipment,Materials&Disposal Costs) Equipment Breakdown (w/o Labor) Daily Rate
Flat Bed Truck w/Compressor Mount 330 . 00
Bob-Tail Truck 9-1 1 Yards 320 . 00
Concrete Flat Bed Truck 300 . 00
Dump Truck 9-1 1 Yards 350 . 00
Air Compressor 160 . 00
Water Truck 320 . 00
Skip Loader(incl trailer) 350 . 00
Flat Bed Truck w/3-5 ton roller combo 670 . 00 Dump Truck w/Skip Loader&Trailer combo 700 . 00
10-12 Ton Roller(incl trailer) 620 . 00
3-5 Ton Roller(incl trailer) 370 . 00
Berm Machine(min.charge) 1 , 500 . 00
Bobcat w/bucket 250 . 00
Bobcat w/grinder 310 . 00
Materials Unit Cost
Asphalt(D2-PG 64-10 Mix) in accordance with SSPWC TON 95 . 00 Subsections 203-6 "Asphalt Concrete"and 302-5 "Asphalt
Concrete Pavement"
Asphalt(C2-PG 64-10 Mix) in accordance with SSPWC TON Subsections 203-6"Asphalt Concrete" and 302-5 "Asphalt 92 . 00 Concrete Pavement"
Asphalt Plant Opening on Saturday EA 1 , 000 . 00 Crushed Aggregate Base (CAB) per SSPWC Section 200- CY 25 . 00

2.2 Crushed Miscellaneous Base (CMB) per SSPWC Section CY 200-2.4. Note: Processed Miscellaneous Base will NOT be 15 . 00 allowed.

Tack Coat Material Grade SS-1 h per SSPWC Subsection SF 1 . 00 302-5.4
Concrete(3 - 10 C.Y.) CY 195 . 00
Short Load Charge (less than 3 C.Y.) EA 7 0 0 . 0 0

Page 213 of 237 ends

EXHIBIT

FEE SCHEDULE
On-Call Asphalt Repair—Standard Pricing
(includes all Labor,Equipment,Materials& Disposal Costs) Striping (Two Coats Paint) Unit Unit Price
1 4-inch White Stripe LF 1 . 15
2 6-inch White Stripe LF 1 . 4 5
3 8-inch White Stripe LF 1 . 7 5
4 4-inch Yellow Stripe LF 1 . 15
5 4-inch Double Yellow Stripe LF 2 . 30
Striping (Thermoplastic) per Caltrans Std. Unit Unit Price 1 12-inch White Cross-Walk SF 5 . 00
2 12-inch White "Ladder Style" Cross-Walk SF 5 . 00 3 12-inch Yellow Cross-Walk SF 5 . 00
4 12-inch Yellow "Ladder Style" Cross-Walk SF 5 . 00 5 1 2-inch White Stop Bar SF 5 . 00
6 Pavement Legend (Arrows,Speed Limit Markings) EA 2 0 0 . 0 0 7 Pavement Legend ("STOP") EA 300 . 00
8 Pavement Legend ("STOP AHEAD") EA 300 . 00 9 Pavement Legend ("KEEP CLEAR") EA 300 . 00 10 Pavement Legend ("SIGNAL AHEAD") EA 350 . 00 1 1 Pavement Legend ("SLOW SCHOOL XING") EA 400 . 00 1 2 Pavement Legend (Railroad Crossing Symbol) EA 200 . 00 13 Pavement Legend (Bike Lane Symbol) EA 200 . 00 AC cap over existing (Skin patch) Unit Unit Price (I"- 1.25" nominal thickness)
1 0— 1,000 SF 11 . 5 0
2 1,001 —5,000 SF 9 . 50
3 5,001 — 10,000 SF 7 . 50
4 10,001 + S.F. SF 5 . 5 0
Slurry Seal—Type 1 Unit Unit Price

Page 214 of 237 ends

- i'I ,

ADMINISTRATIVE SERVICES DEPARTMENT
(„e
# ' �' ; CITY CLERK'S OFFICE
f f i \ * Telephone(909)931-4120
, fØ r i ,' Facsimile(909)931-4123
July 27,2021
Hardy&Harper Inc
ATTN:Ashlie Blanchard
31 Rancho Circle
Lake Forest,CA 92630
RE: Professional Services Agreement
Dear Mr.Douglas:

At their regular meeting on July 26,2021 the City Council award an On-Call Asphalt Pavement Repairs Contract to Hardy&Harper,Inc.in the amount of$150,000 annually,for a term of three years not to exceed$450,000 for the term of this Agreement;and authorize the Acting City Manager to execute this agreement including all extensions.

Please find enclosed a fully executed copy of the agreement for your records.

Please return the required verification of insurance coverage,as described in Section 10 of the agreement to this office before commencing work
If you have any questions,please do not hesitate to rail me at[909)931-4120 Monday through Thursday from 8:00 a.m.to 6:00 p.m.

Sincerer,
�:;, )
r
Keri Johnson
City Clerk
Enclosure
cc: Braden Yu,Public Works Director
City of Upland
460 North Euclid Avenue,Upland,CA 91786.4732•(909)931.4100•Fax(909)931-4123•TDD(900)735-2929• www.ci.upland.ca.us

Page 215 of 237 ends

FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR

ON-CALL ASPHALT PAVEMENT REPAIRS WITH
HARDY& HARPER, INC.

THIS FIRST AMENDMENT TO AGREEMENT is made and effective as of December 13,2021,between the City of Upland,a municipal corporation("City")and Hardy&Harper, Inc., a California corporation("Contractor"). City and Contractor are sometimes referred to herein individually as a 'Party"and collectively as"Parties".

RECITALS
A, WHEREAS, the Parties entered into a professional services agreement, dated July 26, 2021, for On-Call Asphalt Pavement Repairs(the "Original Agreement"); and •
B. WHEREAS, the Parties now desire to enter into an amendment to the Original Agreement in order to include additional funds for the continued performance of the services.

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

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

2. Amendment to Section 5—Payment. Section 5—Payment of the Original Agreement shall be amended to read as follows:
"5. PAYMENT.
a. The City agrees to pay Contactor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth Required Documents with RFP Response Document Description (On-Call Asphalt Pavement Repairs), attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks.Any terms in (On-Call Asphalt Pavement Repairs) than the scope of work to be performed, payment rates and schedule of payment are null and void. The not-to-exceed amounts for each year of this Agreement shall be as follows: $250,000 for FY 21-22, $200,000 for FY 22-23, and$200,000 for FY 23-24.

The total not-to-exceed amount shall be $650,000 for the total term of the Agreement unless additional payment is approved as provided'in this Agreement. b. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager, Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services.

Page 216 of 237 ends

c, Contractor will submit invoices monthly for actual services performed. invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Contractor's fees it shall give written notice to Contractor within 30 days of receipt of an invoice of any disputed fees set forth on the invoice."

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

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

5. Counterparts. This First Amendment may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
2

Page 217 of 237 ends

SIGNATURE PAGE FOR

FIRST AMENDMENT TO THE PROFESSIONAL SERVICES,AGREEMENT

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

CITY OF UPLAND
Michael Blay, City Manager
Attest:

Keri Johnson, City Clerk
Approved As to Form: •
Stephen Deitsch, City Attorney

CONTRACTOR
Hardy& Harper Inc., 31 Rancho Circle, Lake Forest, CA 92630 (714) 444-1851 By:

Name: .mic4ae l
Title:

Vice President
By:

Name:

Kristen Pauline
Title:

Secretar

Page 218 of 237 ends

or op
0t,,, j° CALIFORNIA LEVINE ACT DISCLOSURE STATEMENT a

04.p 1v
California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits City Officers from participating in any action concerning a license, permit,other entitlement for use,franchise, or contract(collectively"license, permit,or contract")if they receive political contribution(s)from a party, or its agent(s), totaling more than $250 within the twelve (12) months before the proceeding, while a proceeding is pending, and for twelve (12) months following the date of a final decision in a proceeding.

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

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

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? UYES If yes, please identify the Council Member(s):
11NO
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. 9/5/2024 i%''`L__.--
Date Sign. . - of authorized individual
Michael Amundson, Vice President
Company/Applicant Name
(Levine Act definitions on reverse side)
f

Page 219 of 237 ends

LEVINE ACT DISCLOSURE STATEMENT DEFINITIONS
Term. Definitionaw
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 Rep 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(aj(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 Gov. Code 84308(a)(2� entitlement for use and who has a financial interest in Participant the decision.A person actively supports or opposes a FPPC Req 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 Rea 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 Req 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.

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

Page 220 of 237 ends

� �p1
4,� 94" CITY UPLAND
1, 1. "The City of Gracious Living"
C.1tIFOBS

1. C-Stayr(kr Oilt
—,
DATE: October 14,2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:CHRIS ALANIS,INTERIM PUBLIC WORKS DIRECTOR

NICOLE DEMOET,ENVIRONMENTAL COMPLAINCE PROGRAMS MANAGER SUBJECT: CONDUCT A PUBLIC HEARING AND CONSIDER APPROVING THE PROPOSED WATER

AND SEWER RATE CPI INCREASE
RECOMMENDED ACTION:

It is recommended that the City Council conduct a public hearing for a proposed water and sewer rate CPI increase and take the following actions:Approve a Resolution adopting revisions adjusting the schedule of water and recycled water service rates and approve a Resolution adopting revisions to the schedule of sewer fees; both rate increases effective November 1,2024.

GOAL STATEMENT
The proposed action supports the City's goal of providing high-quality cost-effective services to the community.

BACKGROUND
The City's Water and Sewer divisions are responsible for providing safe, reliable, and compliant water and sewer services to the community in a cost-effective manner. As a not-for-profit Public Utility,the City of Upland establishes utility rates that provide sufficient revenue to cover operational, debt service, capital investments, and reserves necessary to meet program requirements.

Traditionally, Consumer Price Index (CPI) increases are included as a component in rate studies to determine the appropriate methodology to establish rates that provide the revenues necessary to meet program needs and reserve requirements. The last water and sewer rate study was completed in January 2018, with a check-in rate study completed in March 2020. A multi-year rate schedule was approved following the 2018 rate study, with implementation dates approved by City Council over the past six years by resolution (as some of the scheduled implementation dates were delayed per City Council action).

The City is currently in the process of completing a Water and Recycled Water System Master Plan,and a Wastewater Collection System Master Plan,anticipated to be completed in 2025. Following the completion of the master plans, the City will complete another rate study to effectively determine an appropriate rate schedule to meet program requirements,cover operational,debt service,and capital investments,and ensure the adequate reserves necessary to meet program requirements.

On July 22,2024,the City Council authorized the City Manager to mail a Proposition 218 notice regarding a public hearing date of October 14,2024,at 6 p.m.for consideration of a water and sewer rate CPI increase from current rates.

On August 28, 2024 notices of the public hearing and proposed rate increase were mailed to all property owners of record.The notice included instructions detailing the proposed fee increase,the basis for calculating the increase,the reason for the increase, the deadline to submit a written protest, how to submit a protest, and the date, time, and location of the public hearing.

ISSUES AND ANALYSIS
With expenses increasing due to inflation, a stand-alone CPI inflationary increase for water and sewer services will help ensure the City can provide continued safe and reliable water and recycled water services. Staff is recommending that the City Council approve Resolutions adjusting the City's Water and Recycled Water Service Fees and Sewer Service Fees above present rates to account for the 4%inflationary CPI increase observed in Fiscal Year 2023/2024, as documented and published by the U.S.Department of Labor,Bureau of Labor Statistics (BLS)for the May 2023- May 2024 period for Riverside-San Bernardino-Ontario,CA.

Page 221 of 237 ends

The City's water and sewer rates reflect the true cost of operating, maintaining, and upgrading Upland's water and sewer systems. To ensure that the City can maintain customer rates that generate the necessary revenue for the services the community relies on,staff has brought resolutions for consideration to the City Council that would increase water and sewer service rates to capture only the inflationary Consumer Price Index(CPI)increase observed in Fiscal Year 2023/2024, as documented and published by the BLS. The CPI measures the changes in prices over time for goods and services by area for consumers. The adjustment of the addition of the inflationary CPI increase to the water and sewer rate would be considered a pass-thru free adjustment to cover real costs associated with the provision of water and sewer service. It's important to ensure revenue is adequate to meet sewer and water program requirements and to provide cost effective services to the public. City rates are designed to collect only what is necessary to meet the program expenses related to providing reliable and safe services and maintaining adequate reserves.

If the Resolutions are approved to adopt revisions adjusting the schedule of sewer and water service rates, effective November 1,2024,the CPI increase would be 4%as listed in the May 2023-May 2024 period referenced in the BLS Riverside-San Bernardino-Ontario, CA data released on June 12, 2024, resulting in an increase to existing water, recycled water,and sewer service fees of 4%. This pass-through service fee adjustment would recover costs associated with the provision of sewer and water services,appropriately meeting program expenses.

Due to the increasing inflation,a stand-alone CPI inflationary increase for water and sewer services will help ensure the City can provide continued safe and reliable water and recycled water services. Therefore,staff is recommending that the City Council approve the Resolutions adjusting the City's Water and Recycled Water Service Fees and Sewer Service Fees above present rates to account for the 4%inflationary CPI increase observed in Fiscal Year 2023/2024, as documented and published by the BLS for the May 2023-May 2024 period for Riverside-San Bernardino-Ontario, CA.

ENVIRONMENTAL DETERMINATION
This action 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,directly or indirectly.

FISCAL IMPACTS
The proposed rate increase, if adopted by resolution of the City Council should result in an increase in FY 24/25 revenues by a projected $595,000 for the Water Fund and$82,000 for the Sewer Fund and will provide a financial path to offset increases in both water and wastewater utility expenses,including the cost of operations,maintenance, material,repairs,personnel,and system rehabilitation and replacement.

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

Page 222 of 237 ends

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UPLAND ADOPTING REVISIONS TO THE SCHEDULE OF

WATER AND RECYCLED WATER RATES EFFECTIVE
NOVEMBER 1, 2024
WHEREAS, the City of Upland (the "City") operates a municipal water and recycled water system located within the City; and
WHEREAS, on April 23, 2018, the City held a public hearing wherein written and oral testimony was presented regarding the proposed revision to the City's water rate schedule; and
WHEREAS, Resolution No. 6622 was approved adopting a water and recycled water rate schedule (collectively the "Water Rate Schedule") with increases that automatically took effect on May 1, 2018; January 1, 2019; and each January 1 thereafter through and including January 1, 2022; and
WHEREAS, on December 9, 2019, the City Council deferred the Water Rate Schedule increase scheduled for January 1, 2020, until the water rate check-in study was completed; and
WHEREAS, on March 9, 2020, the City Council approved maintaining the established Water Rate Schedule implemented on January 1, 2019, and did not implement the Water Rate Schedule increase scheduled for January 1, 2020 and direct staff to review water rates to determine if an adjustment will be necessary on January 1, 2021; and
WHEREAS, on November 22, 2021, the City Council approved to implement the 2021 Water Rate Schedule, effective December 1, 2021; and WHEREAS, on February 27, 2023, the City Council approved increasing the existing Water Rate Schedule to take effect on May 1, 2023, which were previously approved by Resolution No. 6622; and
WHEREAS, to sustain the City's water and recycled water service requirements, with adequate operating reserve and capital for system rehabilitation required to provide continued safe and reliable water and recycled water services the City has proposed to increase rates for water service fees based upon the percentage increase in the consumer price index to account for inflation and cost increases, as further described below; and
WHEREAS, the increased rates for water service will not exceed the costs of providing the water service; and
WHEREAS, pursuant to Article XIII D, Section 6 of the California Constitution, forty-five (45) days prior to the public hearing, on or about October 14, 2024, notices of the public hearing were mailed to property owners and tenants directly responsible for the payment of the utility bills; and
46708.00116\42771437.1

Page 223 of 237 ends

Resolution No.

Page 2 ends

WHEREAS, at the public hearing conducted on October 14, 2024, the City Council received written and oral testimony regarding the need to approve a 4% water and recycled water rate increase based on the annual change in the consumer price index ("CPI"), as published by the U.S. Department of Labor, Bureau of Labor Statistics, for the Riverside-San Bernardino-Ontario, CA area, the City Council determined that the Water Rate Schedule shall be adjusted as set forth hereafter.

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

Section 1. All of the facts set forth in the recitals of this Resolution are true and correct and are incorporated herein by this reference.

Section 2. Users of the City's water and customers capable of receiving recycled water are charged based on the number of water units of usage, measured in units equivalent to one hundred cubic feet, and meter size of their water supply line.

Section 3. The total bi-monthly water and recycled water usage charge shall be the sum of the commodity usage fee and the stand-by meter fixed-charge.

Section 4. The City's water rates, fees and charges as specified in Section

13.12.050 of the Upland Municipal Code, shall be replaced with the Water Rate Schedule to be implemented on November 1, 2024 attached hereto as Attachment "A.

Section 5. The rates, fees or charges set forth above, in Attachment "A," will remain in effect until amended by subsequent resolution(s) of the City Council.

Section 6. The City Council finds based on the evidence before it that the inflationary increase is for the purposes of the following activities of the City to ensure the continued delivery of safe and reliable water and recycled water service and that such inflationary increase will not cause the Water Rate Schedule to exceed the costs of providing such services to its customers:
a. Meeting the ongoing operation and maintenance expenses, including employee wages;
b. Purchasing supplies, equipment and materials;
c. Payment of debt service on existing outstanding debt; d. Capital improvement costs; and
e. Meeting financial reserve requirements.

Section 7. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Resolution. The City Council hereby declares that it would have adopted this Resolution, and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or 46708.001 16\42771437.1

Page 224 of 237 ends

Resolution No.

Page 3 ends

unconstitutional.

Section 8. 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 9. Certification. The City Clerk shall certify the adoption of this Resolution.

Section 10. Effective Date. This Resolution shall become effective immediately upon its adoption.

PASSED, APPROVED, AND ADOPTED this 14th day of October 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 14th day of October, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk
46708.00116\42771437.1

Page 225 of 237 ends

ATTACHMENT "A"

WATER RATE SCHEDULE
EFFECTIVE NOVEMBER 1, 2024

WATER COMMODITY RATES (BI-MONTHLY)
Single Family Residential Rate
Usage Tier Unit Rate Effective
11/1/24
0-20 per hcf* $2.33
21-50 per hcf* $3.08
51+ per hcf* $3.68
Multi-Family Residential Rate
Usage Tier Unit Rate Effective
11/1/24
Multi-Family per hcf* $2.87
Rates for Other Classes
Usage Tier Unit Rate Effective
11/1/24
Landscape(1) per hcf* $3.17
Commercial per hcf* $2.76
School per hcf* $3.38
Government per hcf* $3.47
Recycled per hcf* $2.54
hcf=hundred cubic feet=1 billing unit=748 gallons
(1)Fire Hydrant Meter Rate
Fixed Charge(Bi-Monthly)
Meter Size Rate Effective
11/1/24
5/8"' $65.26
3/4" $82.68
1" $117.52

1.5" $204.72
2" $309.35
3" $588.33
4" $902.15
6" $1,773.93
8" $2,820.12
46708.00116\42771437.1

Page 226 of 237 ends

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UPLAND, CALIFORNIA, ADOPTING REVISIONS TO THE SCHEDULE OF CITY SEWER FEES EFFECTIVE NOVEMBER 1,
2024
WHEREAS, the City of Upland (the "City") is a party to the Regional Sewerage Service Contract, whereby the Inland Empire Utilities Agency ("IEUA") provides sewage treatment and disposal services for the City, as well as other contracting agencies, and WHEREAS, the City provides sewage disposal services to its users by operating and maintaining the City's sanitary sewer system, which collects and conveys sewage to IEUA for sewage treatment and disposal; and
WHEREAS, the total monthly sewer service fee, as defined in Section 13.32.080 (B) of the Upland Municipal Code, is the sum of the IEUA treatment and disposal charge and the City sewer maintenance charge (collectively "Sewer Service Rates"); and WHEREAS, to sustain the City's sewer maintenance service requirements, with adequate operating reserve and capital for system rehabilitation required to provide continued safe and reliable sewage disposal service, the City determined the current costs exceed the amount collected from consumers and has proposed to increase the rates for sewer service fees based upon the percentage increase in the consumer price index to account for inflation and cost increases, as further described below; and WHEREAS, the increased rates for sewer service will not exceed the costs of providing the sewer service; and
WHEREAS, pursuant to Section 13.32.060 of the Upland Municipal Code, the City Council, by a two thirds vote, has the power to revise and collect fees, tolls, rates, rental or other charges for services and facilities furnished by it, either within or without its territorial limits, in connection with the sanitary sewage system; and WHEREAS, pursuant to Article XIII D Section 6 of the California Constitution, forty-five (45) days prior to the public hearing, on or about October 14, 2024, notices of the public hearing were mailed to property owners and tenants directly responsible for the payment of the utility bills; and
WHEREAS, at the public hearing conducted on October 14, 2024, the City Council received written and oral testimony regarding the need to approve a consumer price index ("CPI") inflationary increase of 4% based on the annual change in the CPI, as published by the U.S. Department of Labor, Bureau of Labor Statistics, for the Riverside- San Bernardino-Ontario, CA area, the City Council determined that the schedule for Sewer Service Rates shall be adjusted as set forth below.

WHEREAS, on the basis of the evidence presented during the public hearing, the City Council has determined that the schedule for the City Sewer Service Rates shall be adjusted as set forth below; and
46708.00116\42771436.1 Page 227 of 237

Resolution No.

Page
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.

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

Section 1. All of the facts set forth in the recitals of this Resolution are true and correct and are incorporated herein by this reference.

Section 2. Users of the City's sewer service are charged based on the number of Equivalent Dwelling Units (EDUs), as defined in Section 13.32.080(A) of the Upland Municipal Code.

Section 3. The total monthly sewer service fee for use of the City's sewer service shall be the sum of the treatment and disposal charge, which is paid to IEUA as a pass- through charge, and the City sewer maintenance service fee or charge.

Section 4. Effective November 1, 2024, the monthly Sewer Service Rates shall be set as follows:

Fiscal IEUA Sewer City Local Total
Year Treatment Sewer Monthly
Component Service Sewer
(Pass- Component Service
Through ($/EDU) Fee
Rate) ($/EDU)
($/EDU)
Rate $25.78 $11.29 $37.07
Effective
November
1, 2024
Section 5. The charges or fees set forth above will remain in effect until amended by subsequent resolution(s) of the City Council.

Section 6. The City Council finds based on the evidence before it that the inflationary increase is for the purposes of the following activities of the City to ensure the continued safe and reliable operation of the sewer disposal services and that such inflationary increase will not cause the Sewer Service Rates to exceed the costs of providing such services to its customers:
a. Meeting the operating expenses, including employee wages; b. Purchasing supplies, equipment and materials;
46708.00116\42771436.1 Page 228 of 237

Resolution No.

Page
c. Obtaining funds for capital projects necessary to maintain service; and d. Meeting financial reserve requirements.

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

Section 9. Certification. The City Clerk shall certify the adoption of this Resolution.

Section 10. Effective Date. This Resolution shall become effective immediately upon its adoption.

PASSED, APPROVED and ADOPTED this 14th day of October 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 (Redevelopment Agency) held on the 14th day of October 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk
46708.00116\42771436.1 Page 229 of 237

MINUTES OF THE REGULAR MEETING OF THE PUBLIC WORKS

COMMITTEE
October 8, 2024
5:00 p.m.

City Council Chamber
City Hall, 460 N. Euclid Avenue

1. CALL TO ORDER AND ROLL CALL
The meeting was called to order at 5:02 p.m.

In attendance: Committee Chairperson Breitling, Citizen Advisory Members Damrath, Hoss, Ickis, and Rubio, Assistant City Manager Stephen Parker, Public Works Interim Director Chris Alanis.

Absent: Committee Member Garcia

2. ORAL COMMUNICATIONS
Brian Taylor, Upland, commented on the timeframe it took to commence work on reconditioning the floors and walls of the City's public parks. He further questioned why the flashing school zone light on 11th Street at Baldy View Elementary School work has not been repaired and the snack bar issues at Citrus Park have not been addressed.

3. AGENDA ITEMS
a. INFRASTRUCTURE MASTER PLAN FOR PAVEMENT AND SIDEWALKS Interim Public Works Director Alanis presented the item along with a PowerPoint presentation.

There was discussion regarding the budget for street improvements and the conditions of infrastructure.

Interim Public Works Director Alanis answered questions from the Committee regarding where funding comes from for infrastructure improvements and how agenda items are brought to the Public Works Committee for review.

Assistant City Manager Stephen Parker answered questions regarding budget allocation for streets on an annual basis.

4. ADJOURNMENT
Chairperson Breitling adjourned the meeting at 5:38 p.m. The next regularly scheduled Public Works Committee meeting is Tuesday, January 14, 2025.

Ken Johnson, City Clerk
1

Page 230 of 237 ends

4or17pt CI'YU PLAN D
G '-w'- -u d rr,r City of Grncirtus Living Ilk `k7•' PUBLIC WORKS
may, COMMITTEE
�txxo
**AGENDA**
Tuesday, October 8, 2024
5:00 p.m.

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

1. CALL TO ORDER AND ROLL CALL

2. ORAL COMMUNICATIONS
Citizens wishing to address the Committee on any matter that is listed or not listed on the agenda may do so at this time. Anyone wishing to address the Committee is requested to submit a speaker card to staff at or prior to speaking. The speakers are requested to keep their comments to no more than three (3) minutes.

Please note that under provisions of the Brown Act the Committee Members cannot respond to, nor take action on, items that are not listed on the agenda.

3. AGENDA ITEMS
a. INFRASTRUCTURE MASTER PLAN FOR PAVEMENT AND SIDEWALKS Recommended Action:

The Public Works Committee recommend forwarding the 2024 Sidewalk and Ramp Management Report and the Pavement Management Report to the City Council for approval.

4. ADJOURNMENT
The next regularly scheduled Public Works Committee meeting is Tuesday, January 14, 2025.

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk's Office, 909-931-4120. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADA Title II]
On Thursday, October 3, 2024 a true and correct copy of this agenda was posted at 450 N. Euclid Avenue (Upland Public Library), 460 N. Euclid Avenue (Upland City Hall), 123 East D Street (Carnegie Library Building), and the City website at www.uplandca.gov

Page 231 of 237 ends

The full packet for the Public Works Committee
meeting can be viewed on our website at:
https://www . uplandca .gov/city-council-
agendasminutes
You may also view the video of the meeting at:
https://uplandca .gov/council-meeting-
broadcasts
(choose the tab for "other archived meetings"
to locate the meeting video)

Page 232 of 237 ends

cd,�- �pl"� CITY UPLAND
�5, _�� "The City of Gracious Living"
C,,tIFOB,S
'• Stafif(krctilt
DATE: October 14,2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:MARCELO A.BLANCO,POLICE CHIEF

BRYCE MILAKOVICH,POLICE SERGEANT
SUBJECT: CONSIDER ADOPTING AN ORDINANCE AMENDING CHAPTER 12.46 OF THE UPLAND

MUNICIPAL CODE FOR CAMPING AND STORAGE OF PERSONAL PROPERTY RECOMMENDED ACTION:

It is recommended that the City Council hold the first reading by title only, waive further reading, and introduce an ordinance amending Upland Municipal Code Section 12.46.110 G. and removing Upland Municipal Code Section

12.46.110 H.pertaining to unlawful camping and storage of personal property.

GOAL STATEMENT
The proposed action supports the City's goal of enhancing quality of life,public health,public safety,and maintaining order.The proposed action will support safer parks and public areas throughout the city,while decreasing blight.

BACKGROUND
"Johnson v.Grants Pass"and"Martin v.Boise"were cases where the cities of Grants Pass and Boise had enforcement ordinances related to public camping.Originally,the 9th Circuit Court of Appeals decided that cities could not prohibit public camping unless "reasonable" shelter was available. The appeals court also prohibited enforcement regarding overnight camping in vehicles unless shelter was available, and the court limited the ability to prohibit storage of certain personal items necessary for protection from the elements(i.e.blankets,pillows,tents,etc.).

This decision prevented the City from enforcing Upland Municipal Code Chapter 12.46 since it has no shelter to offer.

The court also stated that there must be more beds than unhoused individuals for enforcement to be possible. This made the code difficult to enforce, as Impact Officers often found shelters unable or unwilling to confirm bed availability.If an unhoused person was unlawfully camping,and did not desire assistance,officers could not conduct any enforcement. Additionally, officers faced challenges because Upland Municipal Code 12.46.110 G.,established numerous requirements that officers needed to follow regarding locating reasonable shelter, as required by case law at that time.

ISSUES AND ANALYSIS
On June 28, 2024,the United States Supreme Court reversed"Johnson v. Grants Pass"and thus "Martin v. Boise", which now allows cities to regulate and enforce ordinances related to public camping,vehicle camping,and personal property without the above restrictions
As a consequence of the Court's decision,Upland, along with all other cities within the Ninth Circuit's jurisdiction (which includes all of California)may again enact and enforce laws relating to public camping,vehicle camping,and storage of personal property without the prior restrictions. Cities are no longer obligated to offer shelter or homeless assistance prior to enforcement of public camping ordinances. Therefore, staff is recommending that Upland Municipal Code 12.46.110 G.be amended and Upland Municipal Code 12.46.110 H.be removed.

Despite any challenges, and in light of the recent Supreme Court decision overturning Martin v. Boise, the Police Department's Impact Team is dedicated to identifying and securing resources and support, prioritizing assistance before enforcement. Amending the Upland Municipal Code ensures the City follows current laws and allows enforcement against unlawful camping and personal property storage.The Department aims to reduce blight,maintain clear pedestrian and vehicle access,and uphold public health and safety.

Page 233 of 237 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 associated with this action.

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

Page 234 of 237 ends

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

UPLAND, AMENDING UPLAND MUNICIPAL CODE SECTION

12.46.110 G. AND REMOVING UPLAND MUNICIPAL CODE

12.46.110 H. PERTAINING TO UNLAWFUL CAMPING AND

STORAGE OF PERSONAL PROPERTY
WHEREAS, the City of Upland ("City)" desires to maintain order and enhance public safety; and
WHEREAS, the California Constitution, article XI, section 7, authorizes the City to adopt and enforce local police, sanitary, and other ordinances and regulations that are not in conflict with the general laws; and
WHEREAS, the City has seen a proliferation of public nuisances related to unlawful camping and storage of personal property activities including, but not limited to increased visual blight and interference with pedestrian and vehicle traffic; and WHEREAS, it is the City's duty to keep its public rights of way clean and available for public use, and to protect public health, safety, and access by the community; and
WHEREAS, the City recognizes the recent Supreme court decision in "Johnson v. Grants Pass" changed enforcement of illegal camping laws and therefore the City of Upland desires to amend its existing unlawful camping ordinance; and WHEREAS, the City now desires to amend its existing "Unlawful Camping" ordinance by amending Upland Municipal Code 12.46.110 G. and removing Upland Municipal Code 12.46.110 H.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UPLAND DOES ORDAIN AS FOLLOWS:

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

Section 2. Amendment of Section 12.24.110 G. Section 12.24.110 G. of Chapter 12.46 of Title 12 of the Upland Municipal Code is hereby amended in its entirety to read as follows:
"G. No person may obstruct any public or private right-of-way either with their person, or with their personal property, in a way that creates a risk to the health and safety of passersby, or significantly impedes pedestrian traffic, or interferes with the use or enjoyment of public parks or facilities. Upon notice by an enforcement official, any such person shall immediately remove the obstruction. Failure to remove the obstruction shall be unlawful and shall constitute a public nuisance. Any personal property that is creating an obstruction as described in this subsection and is not removed following notice may be impounded as provided in this chapter."

Page 235 of 237 ends

Ordinance No.

Page 2 ends

Section 3. Removal of Section 12.24.110 H. Section 12.24.110 H. of Chapter

12.46 of Title 12 is hereby removed in its entirety from the Upland Municipal Code.

Section 4. Compliance with California Environmental Quality Act. The Upland City Council ("City Council") finds that this Ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to California Code of Regulations, title 14, chapter 3 ("CEQA Guidelines"), 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) because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, if the activity is deemed a project, the City Council finds that this Ordinance is exempt pursuant to CEQA Guidelines section 15061(b)(3).

Section 5. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or application of this Ordinance which can be given effect without the invalid provision or application, and to this end of the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof.

Section 6. Effective Date. This Ordinance shall become effective 30 days from its adoption.

Section 7. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published in a newspaper of general circulation printed and published within the City, pursuant to all legal requirements.

PASSED, APPROVED, AND ADOPTED this day of , 2024 Bill Velto, Mayor
I, Keri Johnson, City Clerk of the City of Upland, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Upland held on the day of , 2024, and was adopted at a regular meeting of the City Council of the City of Upland on the day of , 2024, by the following vote.

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

Page 236 of 237 ends

City of Upland,CA
§ 12.46.110. Enforcement.

G. No person may obstruct any public or private right-of-way either with their person, or with their personal property, in a way that creates a risk to the health and safety of passersby, or significantly impedes pedestrian traffic,or interferes with the use or enjoyment of public parks or facilities. Upon notice by an enforcement official, any such person shall immediately remove the obstruction.Failure to remove the obstruction shall be unlawful and shall constitute a public nuisance. Any personal property that is creating an obstruction as described in this subsection and is not removed following notice may be impounded as provided in this chapter.

Except as provided in subsection H of this section, no citation for a violation of Section

12.46.030 of this code, whether criminal or administrative, shall be issued to any person unless, at the time in question, the enforcement official, in his or her reasonable discretion, is to such person in a shelter, based on the information known to the enforcement official at the time. In determining whether a sleeping space in a shelter is practically available to a person, the enforcement official shall consider the specific circumstances of the person and the specific policies and requirements of the shelter, including the following:

1. The means of transportation available to such person.

2. The distance between the homeless shelter and the location of the person.

3. The opening, closing, and check in times of the homeless shelter.

4. Limitations on the amount of consecutive nights a person can stay at the shelter, or other similaFrequirements,

5. Any other circumstance of the person, or any policy or requirement of the homeless shelter, known by the enforcement official, that would make the shelter practically else.

6. A shelter shall not be considered to be practically available under this subsection if it requires a person to participate in religious activities as a condition of receiving a sleeping space.

7. A shelter shall not be considered unavailable under this subsection if the person is precluded from accessing the shelter solely based on their refusal to comply with the reasonable the shelter's requirements.

H. Notwithstanding subsection G of this section, no person may obstruct any public or private right of way either with their person, or with their personal property, in a way that creates a risk to the health and safety of passersby, or significantly impedes pedestrian traffic, or interferes with the use and enjoyment of public parks or facilities. Upon notice by an enforcement official, any such person shall immediately remove the obstruction. Failure to remove the obstruction shall be unlawful and shall constitute a public nuisance. Any personal property that is creating an obstruction as described in this subsection and is not removed following notice may be impounded as provided in this chapter. (Ord. 1967 § 3, 2022)
Downloaded from https://ecode360.com/UP5026 on 2024-09-30

Page 237 of 237 ends

Upland City CouncilOctober 14, 2024

Upland City Council
October 14, 2024