LEVINE ACT DISCLOSURE STATEMENT DEFINITIONS
Term Definition Law
A proceeding to grant, deny, revoke, restrict, or modify a license, permit or other entitlement for use, that
does not solely involve purely ministerial decisions
and is:
Covered (1)Applied for by the party; FPPC Reg 18438.2(a) "proceedings" (2) Formally or informally requested by the party; or (3)A contract between the agency and the party or a
franchisee granted by the agency to the party, other
than a contract that is competitively bid, a labor
contract, or a personal employment contract.
Any person who files an application for, or is the
Party subject of, a proceeding involving a license, permit, or Gov. Code 84308(a)(1) other entitlement for use.
Any person who is not a party but who actively
supports or opposes a particular decision in a
proceeding involving a license, permit, or other
entitlement for use and who has a financial interest in Gov. Code 84308(a)(2) Participant the decision.A person actively supports or opposes a FPPC Reg 18438.4 particular decision in a proceeding if that person
lobbies in person the officers or employees of the
agency, testifies in person before the agency, or
otherwise acts to influence officers of the agency.
A person who represents a party or participant for
compensation and appears before or otherwise
Agent communicates with the governmental agency for the FPPC Reg 18438.3 purpose of influencing the pending proceeding. See
FPPC Reg 18438.3 for exceptions for certain
consultants.
A contract required by law to be awarded to the lowest
responsible bidder with a responsive bid, or, if the FPPC Reg Competitively Bid successful bidder refuses or fails to execute the 18438.2(a)(3)(A) contract, to the next lowest bidder with a responsive
bid.
A contract or agreement reached through collective
bargaining or with a representative group regarding
Labor Contract the salary, benefits, or terms and conditions under an FPPC Reg employment or retirement policy for employees or 18438.2(a)(3)(B) retirees, including a project labor agreement entered
under Public Contract Code Section 2500.
Personal A contract for employment, including the terms and Employment conditions of employment, between the agency and FPPC Reg Contract an agency employee.A contract with an independent 18438.2(a)(3)(C)-(D) contractor is NOT a personal employment contract.
����°F °p`q� cITFUP LAND
cr. . ]��/�: J/L//1 y �/'� "The City of Gracious Living" �lrFOR�i� S v�/, �`C`/
DATE: June 23,2025
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:ROBERT D.DALQUEST,DEVELOPMENT SERVICES DIRECTOR
JAMIE DAVIDSON,MANAGEMENT ANALYST
SUBJECT: CONSIDER APPROVAL OF AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT WITH INTERWEST CONSULTING GROUP,INC.
RECOMMENDED ACTION:
It is recommended that the City Council approve Amendment No. 3 to the Professional Services Agreement with Interwest Consulting Group,Inc.for Building Division staff augmentation in the amount of$223,080,extend the term by one year through June 30,2026;and authorize the City Manager to execute the Amendment and transfer$127,570 from salary accounts to professional services to offset the cost.
GOAL STATEMENT
The proposed action supports the City's goal to provide timely customer service and ensure an expedited development review process.
BACKGROUND
Since 2011,the Development Services Department has utilized professional consulting services to improve customer service, streamline permitting, and manage staffing flexibly in response to fluctuating development demands. This approach was endorsed by the 2014 Blue Ribbon Committee. Interwest Consulting Group,Inc.has reliably provided staff augmentation for the Building and Safety Division since 2014.
On June 13, 2022,the City Council approved a three-year agreement with Interwest covering July 1, 2022,through June 30, 2025, with a first year not-to-exceed amount of$230,000. Funding for subsequent years was set through formal amendments.
• First Amendment(Fiscal Year 2023-24): Increased the contract to $249,000 for Plans Examiner and part- time Building Official services. Due to the workload,the consultant focused mostly on plan review. • Second Amendment(Fiscal Year 2024-25): Set a not-to-exceed amount of$215,280,specifically for Plans Examiner services.
Currently, Interwest provides a highly experienced contractor to provide plan check engineering services. The contractor has a thorough knowledge of the State Building Codes and City standards and is a Professional Engineer who is qualified to also review structural plans. This is a cost savings for the City as the hourly rate for a professional engineer to review structural plans is more than the current rate the City pays for the Interwest contract Plans Examiner.
Interwest also supplies as-needed staffing for Permit Technician and Building Inspector services on a per diem basis to cover absences and address project workload surges.
ISSUES AND ANALYSIS
The original agreement allows amendments to the term and contract amount by mutual agreement, including two optional one-year extensions. Continued consultant support is critical to maintaining service levels and operational continuity. Therefore, staff recommends exercising the first of the two available extensions to continue services through June 30,2026.
Amendment No. 3 establishes a not-to-exceed amount of $223,080 for Fiscal Year 2025-26. This enables uninterrupted use of Interwest's Plans Examiner,who is a certified Plans Examiner and licensed Civil Engineer with a strong reputation in the industry. His ongoing service is essential to ensuring high-quality service to the public. The proposed amount is based on an hourly rate of$138 for an estimated 32 to 40 hours per week over 48 weeks,depending
on project demand. Based on recent market comparisons,this rate is competitive; similar roles at other firms range from$135 to$200 per hour.
ENVIRONMENTAL DETERMINATION
The proposed action is not a project subject to the California Environmental Quality Act(CEQA)under Section 15378 of the CEQA Guidelines.It constitutes an administrative activity that will not result in any direct or indirect physical changes to the environment.
FISCAL IMPACTS
The total contract cost is $223,080. Once the budget amendment is processed, there will be available funds in the Building&Safety Professional Services Account No. 1012201-5252.
ALTERNATIVES
Provide alternative direction to staff.
CEQA:Not a Project.
THIRD AMENDMENT TO
AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
BETWEEN THE CITY OF UPLAND
AND
INTERWEST CONSULTING GROUP, INC.
THIS THIRD AMENDMENT TO AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES (the "Third Amendment") is made as of the 9th day of June, 2025, by and between the City of Upland (the "City") and Interwest Consulting Group, Inc. a Colorado corporation (the "Consultant"). Collectively, City and Consultant are referred to as the "Parties" in this Third Amendment and the Agreement.
WITNESSETH THAT:
WHEREAS, on June 13, 2022, City and Consultant entered into an Agreement (the "Agreement") for Professional Consultant Services for the service delivery period of July 1, 2022 to June 30, 2025 (the "Term"); and
WHEREAS, compensation for the first year of the Agreement (FY 2022-2023) was not to exceed the sum of$230,000.00; and
WHEREAS, pursuant to the Agreement, budget allotment for years two and three were to be addressed annually as an amendment to the Agreement, upon mutual written consent of the Parties; and WHEREAS, pursuant to the Agreement, and upon mutual consent in writing, the Parties are allowed two one-year term extensions; and
WHEREAS, on October 23, 2023, City and Consultant entered the First Amendment to the Agreement which established a not-to-exceed the sum of $249,000 for the second year (FY2023-2024); and
WHEREAS, on June 24, 2024 the City and Consultant entered the Second Amendment to the Agreement, as amended,which established a not-to-exceed sum of$215,280 for the third year(FY2024- 2025); and
WHEREAS, pursuant to the Agreement, as amended, during the Term the Consultant is to provide a variety of professional services in support of City's Development Services Department primarily related to Building Official, Building Plan Check, Building Inspection, and Permit Technician related activities, as set forth in within Exhibit"A"to the Agreement, as amended; and WHEREAS, Consultant's services and charges are provided on an as-needed hourly basis in response to the demand for such services and are to be in accordance with the fee schedule and applicable hourly CPI increase, not to exceed 4%each fiscal year within the term of the Agreement,as amended; and WHEREAS,to ensure that Consultant's services continue on an uninterrupted basis, it is necessary to amend the Agreement,as amended,to provide one year of compensation for FY 2025-26 and to extend the Term by one year; and
WHEREAS, Consultant's costs are included within City's FY 2025-2026 operational budget; NOW, THEREFORE, in consideration of the mutual undertakings herein, the Parties agree as follows:
1
Section 1. Amendment of Section 2. Compensation.
Section 2 of the Agreement is amended by adding the following at the end of subsection b.: "In no event shall the total amount paid for services rendered by Consultant for the fourth year (FY 2025-26) of this Agreement exceed the sum of$223,080.00."
Section 2 of the Agreement is further amended by adding the following at the end of subsection c.: "For the fourth year(FY 2025-26)of this Agreement,the City Manager may approve Additional Work,as further defined in Section 3, up to ten percent (10%) of the amount of the Agreement or twenty-two thousand three hundred and eight dollars ($22,308.00). In no event shall the total sum of the Agreement (original compensation amount and Additional Work) exceed two-hundred forty-five thousand three hundred eighty-eight dollars ($245,388.00). Any additional work in excess of this amount shall be subject to approval by the City Council."
Section 2. Amendment of Section 5.Term.
Section 5 of the Agreement, as amended, is amended by extending the Term of the contract by one year from July 1, 2025 through June 30, 2026,thereby utilizing the first of two allowable one-year extensions.
Section 3. Reaffirmation of Remaining Provisions.
All provisions of the Agreement, as amended, not amended pursuant to this Third Amendment shall remain in full force and effect.
(Signatures on Following Page)
2
SIGNATURE PAGE FOR THIRD AMENDMENT TO PROFESSIONAL CONSULTANT SERVICES
BETWEEN THE CITY OF UPLAND
AND INTERWEST CONSULTING GROUP, INC.
IN WITNESS WHEREOF, the City and Consultant have approved this Third Amendment effective the day and year above written.
CITY: CONSULTANT:
City of Upland Interwest Consulting Group, Inc.
By: By:
Michael Blay,
City Manager Its: President
Printed Name: Paul Meschino
ATTEST:
By: By:
Keri Johnson,
City Clerk Its: Assistant Secretary
Printed Name: David Kniff
APPROVED AS TO FORM:
By:
Stephen Deitsch,
City Attorney
3
Attachment A:
2025-2026 Interwest Amended Fee Schedule
4
June 2,2025
Michael Blay riV
City Manager INTERWEST
City of Upland
A SAFEnuilr COMPANY
460 N.Euclid Avenue
Upland,CA 91786
Subject: CPI Rate Adjustment
Interwest Consulting Group has proudly served the City of Upland since June 13, 2022, and we truly value the continued partnership.
Per the terms of our Professional Services Agreement for On-call Engineering and Project Management Services,dated June 13,2022„the hourly rates listed in our contract are subject to an annual adjustment on each anniversary of the Effective Date.
This adjustment is based on the annual increase in the Department of Labor, Bureau of Labor Statistics Consumer Price Index (United States City Average,All Items(CPI-U), Not Seasonally Adjusted,All Urban Consumers).As specified in the agreement, such adjustments are capped at a maximum of 4%per annum.
In accordance with this provision and based on the current Consumer Price Index,we have applied a 3.5% rate increase, effective July 1,2025.
Hourly Billing Rates
Position 2024/2025BiilingRates 3.5%CPI Increase 2025/2026 Eating Rates DeputyBuilding0TTiciai $ 113.36 $ 3.83 $ 116.99 BulldingOfficial $ 138.32 $ 4_43 $ 14275 Permit Technician I $ 55.L2 $ 1.76 $ 56.38 Permit Technician II $ 62.40 $ 2.00 $ 64.40 Permit Technician III $ 7L76 $ 2.30 $ 74.06 Plan Check Specialist I $ 90.48 $ 2.90 $ 93.38 Plan Check Specialist ll $ 10L92 $ 3.26 $ 105.18 Ptan Check SpecialiistIII $ 113.36 $ 3.fi3 $ 116.99 Senior Plan Check EnOneer $ 126.88 $ 4.06 $ 130.94 Pisa Check Engneer $ 132.08 $ 4.23 $ 136.31 Structural Plan Check Enineer $ 143.52 $ 4.59 $ 148.11 Buildin%Inspector I $ 83.20 $ 2.66 $ 85.36 Building Inspector ll $ 9L52 $ 2.93 $ 94A5 Building Inspector III $ 98.80 $ 3.16 $ 101.96 CASpSpeciaiist $ 115.44 $ 3_69 $ 119.13 We appreciate the City's continued trust in our services. Should you have any questions, please contact Juliette Ryan at 562.723.9969 [email protected] the proposal is acceptable,we ask that this updated schedule be included in an amendment to our existing agreement.
1`Sincerely,
Yaul meschino
President
Interwest Consulting Group
�+ �y �+
1 Jenner,Suite 160,Irvine,CA 92618
INTER WEST EST 626.22,1.2055
5
DocuSign Envelope ID:458939AB-3B91-4FEA-8EF9-F263C1B47D91
SECOND AMENDMENT TO
AGREEMENT FOR PROFESSIONAL CONSUTANT SEVRICES
BETWEEN THE CITY OF UPLAND
AND
INTERWEST CONSULTING GROUP, INC.
THIS SECOND AMENDMENT TO AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES (the "Second Amendment") is made as of the 24th day of June 2024, by and between the City of Upland (the "City"), and Interwest Consulting Group, Inc. a Colorado corporation (the "Consultant"). Collectively, City and Consultant are referred to as the "Parties" in this Second Amendment.
WITNESSETH THAT:
WHEREAS, City and Consultant previously entered into an Agreement for Professional Consultant Services dated June 13, 2022 (the "Original Agreement")for the service delivery period of July 1, 2022 to June 30, 2025 (the "Term"); and
WHEREAS, compensation for the first year of the Original Agreement (FY 2022-2023) was not to exceed the sum of$230,000.00; and
WHEREAS, pursuant to the Original Agreement, budget allotment for years two and three were to be addressed annually as an amendment to the Original Agreement, upon mutual written consent;and WHEREAS,the Parties amended the Original Agreement by means of the First Amendment dates as of October 23, 2023, pursuant to which compensation for the second year of the Original Agreement (FY 2023-2024)was not to exceed the sum of$249,000,the Original Agreement and the First Amendment are hereafter collectively referred to as the "Agreement"; and WHEREAS, pursuant to the Agreement, during the Term the Consultant is to provide a variety of professional services in support of the City's Development Services Department primarily related to Building Official, Building Plan Check, Building Inspection, and Permit Technician related activities, as set forth in within Exhibit "A" to the Agreement; and
WHEREAS, Consultant's services and charges are provided on an as-needed hourly basis in response to the demand for such services and are to be in accordance with the fee schedule and applicable hourly CPI increase, not to exceed 4%each fiscal year within the term of the Agreement (see attachment A); and
WHEREAS,to ensure that Consultant's services continue on an uninterrupted basis, it is necessary to amend the Agreement to provide one year of compensation for FY 2024-25; and WHEREAS, Consultant's costs are included within the City's FY 2024-2025 adopted budget; and WHEREAS, the Parties desire and intend to amend the Agreement concerning compensation to be paid to Consultant for the third year(FY 2024-25) of the Agreement.
NOW, THEREFORE, in consideration of the mutual undertakings herein, the Parties agree as follows:
1
DocuSign Envelope ID:458939AB-3B91-4FEA-8EF9-F263C1B47D91 Section 1. Amendment of Section 2.
Section 2 of the Agreement is amended by adding the following at the end of subsection b.: "In no event shall the total amount paid for services rendered by Consultant for the third year (FY 2024-25) of this Agreement exceed the sum of$215,280.00."
Section 2 of the Agreement is further amended by adding the following at the end of subsection c.: "For the third year(FY 2024-25)of this Agreement,the City Manager may approve Additional Work, as further defined in Section 3, up to ten percent (10%) of the amount of the Agreement or twenty-one thousand five hundred and twenty-eight dollars ($21,528.00). In no event shall the total sum of the Agreement (original compensation amount and Additional Work) exceed two-hundred thirty-six thousand eight hundred and eight dollars ($236,808.00). Any additional work in excess of this amount shall be approved by the City Council."
Section 2. Reaffirmation of Remaining Provisions.
All provisions of the Agreement not amended pursuant to this Second Amendment shall remain in full force and effect.
(Signatures on Following Page)
2
DocuSign Envelope ID:458939AB-3B91-4FEA-8EF9-F263C1B47D91
SIGNATURE PAGE FOR SECOND AMENDMENT TO PROFESSIONAL SEVRICES AGREEMENT
BETWEEN THE CITY OF UPLAND
AND INTERWEST CONSULTING GROUP, INC.
IN WITNESS WHEREOF,the City and Consultant have approved this Second Amended Agreement effective the day and year above written.
CITY: CONSULTANT:
City of Upland Interwest Consulting Group, Inc.
By: rDocuSignetl by: DocuSignetl by:
kiduldx By: rpaul M�sd�itie
Michael Blay,
City Manager Its: President
Paul Meschino
Printed Name:
ATTEST:
DocuSignetl by: DocuSignetl by:
By: [R , (�,�� By: FV.4 �
Keri Johnson, Assistant Secretary
City Clerk Its:
David Kniff
Printed Name:
APPROVED AS TO FORM:
,-DocuSignetl by:
By: Sh p Puhck
Stephen Deitsch,
City Attorney
3
DocuSign Envelope ID:458939AB-3B91-4FEA-8EF9-F263C1 B47D91 Attachment A
CITY of UPLAND
SECOND AMENDMENT TO
AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
BUILDING DEPARTMENT SERVICES
HOURLY BILLING RATES
2024/2025 Billing Rates
Deputy Building Official $ 113.36
Building Official $ 138.32
Permit Technician I $ 55.12
Permit Technician II $ 62.40
Permit Techician III $ 71.76
Plan Check Specialist I $ 90.48
Plan Check Specialist II $ 101.92
Plan Check Specialist III $ 113.36
Plan Check Engineer $ 126.88
Senior Plan Check Engineer $ 132.08
Structural Plan Check Engineer $ 143.52
Building Inspector I $ 83.20
Building Inspector II $ 91.52
Building Inspector III $ 98.80
CASP Specialist $ 115.44
4
FIRST AMENDMENT TO
AGREEMENT FOR PROFESSIONAL CONSUTANT SEVRICES
BETWEEN THE CITY OF UPLAND
AND
INTERWEST CONSULTING GROUP, INC.
THIS FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES (the "First Amendment")is made as of the 23rd day of October 2023, by and between the City of Upland (the "City"), and Interwest Consulting Group, Inc. a Colorado corporation (the "Consultant"). Collectively, City and Consultant are referred to as the "Parties" in this Agreement.
WITNESSETH THAT:
WHEREAS,City and Consultant previously entered into an Agreement for Professional Consultant Services dated June 13, 2022 (the "Agreement")for the service delivery period of July 1,2022 to June 30, 2025 (the "Term"); and
WHEREAS, compensation for the first year of the Agreement was not to exceed the sum of $230,000.00; and
WHEREAS, pursuant to the Agreement, budget allotments for years two (FY 2023-24) and three (FY 2024-2025)were to be addressed annually as an amendment to the Agreement, upon mutual written consent; and
WHEREAS, pursuant to the Agreement, during the Term the Consultant is to provide a variety of professional services in support of the City's Development Services Department primarily related to Building Official, Building Plan Check, Building Inspection, and Permit Technician related activities, as set forth in within Exhibit "A" to the Agreement; and
WHEREAS, Consultant's services and charges are provided on an as-needed hourly basis in response to the demand for such services and are to be in accordance with the fee schedule and applicable hourly CPI increase, not to exceed 4%each fiscal year within the term of the Agreement; and WHEREAS,to ensure that Consultant's services continue on an uninterrupted basis, it is necessary to amend the Agreement to provide one year of compensation for FY2023-24; and WHEREAS, Consultant's costs are included within the City's FY 2023-2024 adopted budget; and WHEREAS, the Parties desire and intend to amend the Agreement concerning compensation to be paid to Consultant for the second year(FY 2023-24) of the Agreement.
NOW, THEREFORE, in consideration of the mutual undertakings herein, the Parties agree as follows:
Section 1. Amendment of Section 2.
1
Section 2 of the Agreement is amended by adding the following at the end of subsection b.: "In no event shall the total amount paid for services rendered by Consultant for the second year (FY 2023-24) of this Agreement exceed the sum of$249,000."
Section 2 of the Agreement is further amended by adding the following at the end of subsection c.: "For the second year (FY 2023-24) of this Agreement, the City Manager may approve Additional Work, as further defined in Section 3, up to ten percent (10%) of the amount of the Agreement or twenty-four thousand nine hundred dollars ($24,900.00). In no event shall the total sum of the Agreement (original compensation amount and Additional Work) exceed two-hundred seventy-three thousand nine hundred dollars($273,900). Any additional work in excess of this amount shall be approved by the City Council." Section 2. Reaffirmation of Remaining Provisions.
All provisions of the Agreement not amended pursuant to this First Amendment shall remain in full force and effect.
(Signatures on Following Page)
2
IN WITNESS WHEREOF,the City and Consultant have approved this First Amended Agreement effective the day and year above written.
CITY: CONSULTANT:
City of Upland Interwest Consulting Group, Inc.
By: By: c----r
Mic ael Blay, `,l L
Ci M ager Its: yies f ke...„ (..
Printed Name: Q0 t Wte.. C..L.c 1..1 d
ATTEST: i
By: By: Z14 koh
Keri Johnson,
City Clerk Its: ,4- 1 STi -w/T S9afC TA-RY Printed Name: PAL/i p J. f J( f"
APPROVED AS TO FORM:
By: . / /4AW-4
Stephen Deitsch,
City Attorney
3
CITY OF UPLAND
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of June 13, 2022 by and between the City of Upland, a public agency organized and operating under the laws of the State of California with its principal place of business at 460 N. Euclid Avenue, Upland, CA 91786 ("City"), and Interwest Consulting Group, Inc., a corporation, with its principal place of business at 1 Jenner, Suite 160, Irvine, CA 92618 (hereinafter referred to as "Consultant"). City and Consultant are sometimes individually referred to as"Party" and collectively as "Parties" in this Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:
Building and Safety consultant staffing services (hereinafter referred to as "the Project").
B. Consultant is duly licensed and has the necessary qualifications to provide such services.
C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.
AGREEMENT
NOW,THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit"A."
2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit"B." b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of$230,000 for the first year. Budget allotments for years two and three will be addressed annually as an amendment to this contract, upon mutual written consent. This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis. c. The City Manager may approve Additional Work, as further defined in Section 3, up to ten percent (10%) of the amount of the Agreement or twenty-three thousand dollars ($23,000.00). In no event shall the total sum of the agreement (original compensation amount and Additional Work)exceed two hundred fifty-three thousand dollars($253,000.00). Any additional work in excess of this amount shall be approved by the City Council. 1
3. Additional Work.
If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.
5. Term.
The term of this Agreement shall be from July 1, 2022 to June 30, 2025 unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement for two, one-year additional terms. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed ("Notice to Proceed"). The Notice to Proceed shall set forth the date of commencement of work.
6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non- performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; pandemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.
7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. Nothing in this Section shall be understood to modify the applicable standard of care, specified in Section
8. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
2
8. Standard of Care
Consultant's services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.
9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which consent shall not be unreasonably denied or delayed. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
Nothing contained herein shall prevent.Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.
a. PERS Eligibility Indemnification
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System ("PERS") to be eligible for enrollment in PERS as an employee of the City, Except to the extent arising from requirements imposed by City with respect to the performance of the services, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition,Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability
(I) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. 3
(ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Agreement (8) Property Damage
(9) Independent Contractors Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(I) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
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c. Workers' Compensation/Employer's Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the "Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer's Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers' compensation coverage of the same type and limits as specified in this section.
d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein.
This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form specifically designed to protect against acts, errors or omissions of the Consultant. "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy must"pay on behalf of"the insured and must include a provision establishing the insurer's duty to defend. e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 combined single limit Employer's Liability $1,000,000 per accident or disease Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. 5
f. Evidence Required
Prior to execution of the Agreement,the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer's equivalent) signed by the insurer's representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Reauired
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant's policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers,employees,agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
h. Qualifyinci Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
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(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section.
Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
12. I ndemnification.
a. To the fullest extent permitted by law, Consultant shall defend(with counsel of City's choosing and selected from Consultant's insurance carrier's panel counsel), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all third party claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, to the extent arising out of, pertaining to, or incident to any negligent acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. For the avoidance of doubt, Consultant shall have the right to defend any action for which indemnification is sought under any part of this Section 12. Any person or entity seeking indemnification under this Section 12 shall promptly report the matter to Consultant such that defense of the matter is not compromised.
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b. If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance of"design professional" services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault.
13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects ("Prevailing Wage Laws"). If the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor(Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the services are being performed as part of an applicable "public works" or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing,the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant's performance of services, including any delay, shall be Consultant's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.
14. Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to,the Immigration Reform and Control Act of 1986, as may be amended 8
from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.
15. Reserved.
16. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California.
If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California. 17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10)calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty(30)calendar days'written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
18 Documents. Except as otherwise provided in "Termination or Abandonment," above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.
19. Orq anization
Consultant shall assign Paul Meschino as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.
20. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described above.
21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:
9
DISTRICT: CONSULTANT:
City of Upland Interwest Consulting Group, Inc. 460 N. Euclid Avenue 444 N. Cleveland Avenue
Upland, CA 91786 Loveland, Colorado 80537
Attn: Robert Dalquest Attn: Paul Meschino
Development Services Director Vice President of Operations and shall be effective upon receipt thereof.
22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.
23. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.
25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the remaining provisions unenforceable, invalid or illegal.
26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City which consent shall not be unreasonably denied or delayed. Any attempted assignment without such consent shall be invalid and void.
27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either Party, unless such waiver is specifically specified in writing. 10
28. Time of Essence
Time is of the essence for each and every provision of this Agreement.
29. City's Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.
30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
11
SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF UPLAND
AND INTERWEST CONSULTING GROUP,INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF UPLAND INTERWEST CONSULTING GROUP, INC.
0':
By: .rr By:
Blay
C r nager Its:
Printed Name:
ATTEST:
By. „,14..NC_____ --as?
Keri Johnson
City Clerk
ATTEST:
:B ITii&YSteen P. Deitsch
City Attorney
12
SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF UPLAND
AND INTERWEST CONSULTING GROUP,INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF UPLAND INTERWEST CONSULTING GROUP, INC.
By: By: eGt4447//i7C -j—
Michael Blay
City Manager Its:
Printed Name: "-Pa() 1 VV `es ch i i-t 6
ATTEST:
By:
Ken Johnson
City Clerk
ATTEST:
By:
Stephen P. Deitsch
City Attorney
12
EXHIBIT A
Scope of Services
13
Upland,CA-Scope of Services MT
Interwest Consulting Group
Building Department Services
BUILDING OFFICIAL SERVICES I BUILDING DEPARTMENT ADMINISTRATION Our certified Building Officials are intimately familiar with the procedures and processes that need to be maintained to ensure a building department runs smoothly. They effectively work with all staff and departments. At the City's request, Interwest can provide Building Official Services on a part-time or full-time basis. Building Official areas of responsibility may include:
+ Building Department Administration
+ Quality control review of plan checks and inspections + Building Code updates for Municipal Code adoption
+ Resident inquiries and complaints
+ Configuration, implementation, and on-going support of an automated permitting system + Review discretionary applications for preliminary compliance with construction codes + Coordination of a proactive abatement program
+ Building&Safety Procedures Manual
+ Monthly/Annual Reporting of Building Safety Activities + Attend Commission and City Council meetings(as needed)
BUILDING PLAN REVIEW SERVICES
All plans examination services will be performed by a licensed Civil or Structural Engineer, and/or an ICC Certified or otherwise qualified Plans Examiner. For more complex projects and when needed to meet peak workload demands, additional support will be provided from our other regional offices. Our plans examiners understand and are intimately familiar with applicable building codes and plan review procedures and policies and will readily assist with solutions to complicated plan review issues.
Our staff will work with project applicants in a collaborative and professional manner to quickly identify and resolve violations of codes, standards or local ordinances.They will provide thorough plan reviews in an effort to ensure complete and accurate construction documents to minimize questions and problems during the construction phase of projects.
Upland,CA—Scope of Services I r
lnterwest Consulting Group
Technical Capabilities in Plan Check
Areas •
.
lnterwest staff possesses significant 1111\
technical capabilities in all areas of plans
examination competence. Plans _ •
.r N '`
examiners are licensed engineers and/or •
ICC Certified or otherwise qualified Plans • Examiners with extensive experience .
providing plan review services. Plans _ = examination activities will be performed under the direction of a California licensed professional engineer and/or licensed architect. Our staff will conduct accelerated plan review on as as-needed basis as requested by the Building Official.
Non-Structural Life Safety
Interwest's non-structural plans examiners furnish plan review services for a vast array of projects including large residential, commercial, institutional, industrial, retail, and OSHPD 3 medical office buildings. Many of our plans examiners are CASp certified. Completed plan review projects range from single-story residential projects to complex high rise buildings and numerous building additions and remodels.We are experienced and familiar with the use and application of the most current editions of the following codes:
+ California Building Standards Code
+ Americans with Disabilities Act Standards for Accessible Design + ANSI Standards
+ NFPA Codes&Standards
+ CA Code of Regulations (CCR)Titles 19 and 25
+ Jurisdiction-adopted amendments or ordinances
Structural
Our California-licensed Structural Engineers have experience designing and reviewing projects utilizing virtually all building materials:
+ Wood + Cold-Formed Steel Framing
+ Masonry + Straw Bale
+ Heavy Timber/Timber Frame + Rammed Earth
+ Concrete + Aluminum
+ Structural Steel
Our engineers have designed or reviewed a wide array of lateral force resisting systems including:
+ Steel Moment Frames + Masonry Shearwall Systems + Buckling Restrained Braced Frames + Concrete Shearwall Systems + Eccentric Braced Frames + Cantilevered Column Systems + Concentric Braced Frames + Various Proprietary Lateral Force Resisting + Concrete Moment Frames Systems
+ Wood Shearwall Systems
Our structural engineers are experienced with the provisions of most model codes including, but not limited to, current versions of:
+ CCR Title 24, Part 2,Volume 2 + ASCE 41
+ AISC 341, 358 and 360 + AISI Standards for Cold Formed Steel + ASCE 7 + ANSI/AF&PA NDS for wood framing
Lipiond.CA—Scope a'Services
in erwe'r Cc.raultmg Group am
+ ACI 318 + CA Existing Building Codes
+ ACI 530/TMS 402/602 + NEHRP Requirements for Existing Building + CA Historic Building Codes
Mechanical, Plumbing& Electrical
Interwest's California-licensed Mechanical and Electrical Engineers are well-versed in the application California Mechanical, Plumbing, Electrical, Energy and Green Building Standards Codes:
+ California Building Code + California Electrical Code + California Residential Code + Jurisdiction-adopted amendments or + California Plumbing Code ordinance
+ California Mechanical Code
Energy Compliance
Our engineers and plan reviewers are up-to-date on all California Energy requirements as they relate to both new and remodel construction on large residential and commercial projects. The Energy Efficiency Standards for Residential and Nonresidential Buildings were established in 1978 in response to a legislative mandate to reduce California's energy consumption. These standards are updated periodically to allow consideration and possible incorporation of new energy efficiency technologies and methods.
Green Building Standards
Our staff is familiar with the incorporation of CALGreen building criteria into project designs and the resulting potential impact as related to the building codes. In addition,staff members have participated in the development of various "green"standards for super adobe, rammed earth, and straw bale construction,to name a few.
LEED
Developed by the US Green Building Council (USGBC), LEED provides building owners and operators a framework for identifying and implementing measurable green building design, construction, operations and maintenance solutions. LEED certification consists of a number of different rating systems that apply to many building types— commercial as well as residential and measures how well a building performs across many sustainability metrics including:energy savings,water efficiency, CO2 emissions reduction, improved indoor environmental quality,and stewardship of resources and sensitivity to their impacts.
Access Compliance—CASp Review
All of Interwest's CASp-Certified professionals are knowledgeable of state and federal accessibility laws and regulations and possess the expertise necessary to promote access to facilities for persons with disabilities. Our goal is to provide experts in the industry who can perform services for building departments by customizing our services to correspond with our client's expectations and needs. We work collaboratively with our clients to resolve 1 plan review and inspection related issues as efficiently as possible, ultimately ;tNI 1 \ resulting in an expedited process and successful project. ` — Our architects and plans examiners are fully trained and familiar with CA Building Code Accessibility requirements and ADA compliance regulations and are available for plan review and/or evaluations and consultation. We offer support to municipalities for compliance enforcement and/or developing a transition plan towards compliance, and successfully partner with the disabled community to address the needs and requirements for both entities.
We can assist our clients in interpreting various issues relating to access compliance, such as access compliance obligations,transition planning,construction costs,construction phasing,code'interpretation,'hardship and code changes.
Upland,CA—Scope of Services
r
Interwest Consulting Group �`
Flood Zones
Interwest's staff of engineers and plans examiners have experience in providing plan reviews for projects located in flood zones,as several of our clients have developments that occur in areas prone to flooding. Interwest's staff has provided numerous plan reviews for projects located in flood zones using FEMA's Technical Bulletins as well as the local jurisdiction's ordinances. In addition, members of Interwest's staff have participated in state- sponsored committees to establish guideline and regulations for construction in areas designated as flood zones.
OSHPD 3
Our staff of plans examiners has extensive experience in providing plan reviews for OSHPD 3 projects. Our staff is well versed with the OSHPD 3 requirements contained in the California Building Code. We also have OSHPD certified inspectors available on an as-needed basis.
Code Interpretations
Code interpretations are subject to final review and approval by the Chief Building Official,or City designated staff.
Interwest's engineers and plans examiners will provide unbiased recommendations and background information to help the Building Official or Fire Marshal make an informed decision. All plan review comments are subject to review and approval by the City Building Department.
Transporting Plans
Although most of our clients have transitioned to electronic '+'� ' plan review, if the City allows/receives paper submittals, t• -
Interwest will arrange for all pick-up and delivery of plan - �. review documents from the City at no cost. Interwest uses varied methods of pick-up and delivery with the goal of r providing same-day service. Ji
r
Special Projects
Interwest is able to accommodate special project plan review needs such as fast-track, multi-phased, or accelerated plan reviews. We establish project specific turn-around goals and procedures with jurisdiction staff for these types of projects based on the complexity of the projects as well as the construction schedule.
Our staff of engineers and plans examiners will work with the City as well as with applicants and designers to resolve all plan review issues.Our staff will deal directly with applicants and their designers during the plan review process to resolve all issues. Interwest will furnish assigned personnel with all materials, resources and training necessary to conduct plan reviews, including a current copy of the applicable City amendments, policies, procedures and forms.
Communicating Plan Review Results
Plan reviews, when not immediately approved, will result in lists of comments referring to specific details and drawings, and referencing applicable code sections. Interwest will provide the City a clear, concise and thorough document from which clients, designers,contractors and owners can work.At the completion of each plan review cycle,Interwest will return an electronic and hard copy of the plan review comment list to the designated applicant and City representative. Upon completion of the plan review, after all plan review issues have been resolved, Interwest will provide two complete sets of all final documents annotated as "reviewed" to the City for final approval.
Upland,CA—Scope of Services hi'
Interwest Consulting Group
Maximum Turnaround Times
We consistently complete 99% of our customers' plan review times on schedule Statewide for both commercial and residential projects as our standard business practice. We work hard to accommodate any turnaround schedule desired by the City. Multi-disciplinary reviews are typically performed in our offices, but we are available for onsite work when required, upon the City's request.
Maximum Turn Around Time
Type of Job First'Che k Re-Check
Residential
New Construction 10 Business Days 5 Business Days Addition 10 Business Days 5 Business Days
Remodel 10 Business Days 5 Business Days
Non-Residential
New Construction 10 Business Days 5 Business Days Addition 10 Business Days 5 Business Days
Remodel/Tenant Improvement 10 Business Days 5 Business Days Large Complex Commercial Projects Turnaround Time Negotiated on a Project-by- Project Basis
Interwest is also able to accommodate special project plan review needs,such as,Solar/PV.fast-track or expedited reviews. We establish specific turnaround goals and procedures with jurisdiction staff for these types of projects.
Electronic Plan Check Services
Interwest currently provides electronic plan review _
services for multiple jurisdictions throughout
California, and we are prepared to provide
electronic plan check to your department. We are
familiar with many electronic plan review Niziec platforms. y
More and more jurisdictions are seeing the benefits - of electronic permit and plan check, especially for f:
_.•
large, complex projects. Electronic plan check
services deliver many benefits to municipalities,
including substantially improved turnaround times;
instantaneous comments to the developer,
applicant or architect; secured accessibility to documents; and reduced paper storage. Our staff is experienced providing electronic plan review and can work closely with the City on any electronic plan check software program that is utilized.Our goal is always to collaborate with and support the building department by providing thorough, accurate and timely plan reviews.
On-Site Consultant Services & Meeting Attendance
Our staff is available for pre-construction or pre-design meetings,field visits, contacts with the design team, and support for field inspection personnel as needed. With some reasonable limitations, pre-construction and pre- design meetings associated with projects that we plan review are considered part of the plan review service.
Interwest's engineers and plans examiners will be available to meet with City staff,the design team, applicants, and/or contractors, at the City's request, to discuss and resolve plan review and code related issues. We will be
Upland,CA—Scope of Services t7
lnterwest Consulting Group `
available within one (1) business day to respond to questions from the City that may be generated during field inspections for each authorized plan check that is subsequently issued a permit for construction. Voice mails, e- mails and faxes will be responded to as quickly as possible, always within 24 hours.
Plan Review Tracking Methods & Billing Process
Our staff has experience working with most project tracking databases utilized by building departments. Our staff will update electronic records and make • project related database entries as directed by the City.
We will create and maintain a Jurisdiction File containing our research on any '. f - { unique amendments or specifications required by your jurisdiction, billing47:2111"1"lt ++
arrangements, contact information and any special requests you would like us to keep in mind. '
Interwest uses a custom-designed database to maintain and track all plans throughout the review process from the moment you request a pick-up and/or shipment to delivery of the final, approved documents. Information such as project name, City's project number, assigned plan reviewer(s), date documents were received, plan review cycle and completion date for current review can be provided. In addition to standard phone communication, custom reports can be emailed.
In addition, we can provide online tracking for the City with a custom-designed web template geared to provide any reporting and information needs required.
Our staff is available during normal business hours to answer questions via phone or email regarding the actual plan review in progress.We maintain active email accounts and our staff will be responsive to any City or applicant needs. If we cannot speak directly to a caller,we will return calls no later than 24 hours.
Upland,CA-Scope of Services n�
Interwest Consulting Group �7■r
BUILDING INSPECTION SERVICES
Interwest's assigned building inspection staff will perform inspection services, as needed,to verify that the work of construction is in conformance with the approved project plans as well as identifying issues of non-compliance with applicable building and fire codes.Our field inspection services will include site inspections and writing legible and understandable correction and violation notices and field reports. In addition, we will be available to answer in-person or telephone inquiries.
We understand that municipal codes may be frequently updated, so we will ensure that the projects we are inspecting are compliant with current code requirements. More specifically, we will ensure compliance with Title 24 California Building Codes, parts 1, 2,2.5, 3,4, 5, 6, 8,9, 10, 11 and 12, covering structural,fire prevention, life safety, disabled access, energy conservation, green building, plumbing, mechanical and electrical installations in residential, commercial, industrial, existing and historical buildings.
Interwest's ICC/CASp certified inspectors have performed both building and fire inspection services on a wide variety of construction projects including new residential developments, large custom homes, and commercial, institutional, assembly, essential service buildings and industrial projects. When necessary for large or fast-track projects, multiple inspectors are available.
Interwest's inspectors will provide field inspections including site inspections of projects to verify conformance with approved drawings and specifications which will include review of the permit documents to verify that onsite conditions are consistent with the approved documents for square footage, setbacks, heights and any other applicable conditions. At the completion of inspections, Interwest's inspectors will complete all necessary City forms and documents as required to provide seamless service.
We understand that personality and customer service is crucial to on-the-job success,therefore,we have selected inspectors who are well versed in customer service and skilled in dealing with people both at the public counter and in the field. All inspection personnel assigned will be ICC and/or CASp certified as required.
Inspector Qualifications & Certifications
Interwest retains inspectors who are motivated to achieve the highest level of experience and certification. We work hard to match your jurisdiction's level of safety and code compliance. All Interwest inspectors are ICC- certified.
Inspection personnel assigned will be able to read, understand and interpret construction plans, truss drawings and calculations,prepare and maintain accurate records and reports,communicate effectively orally and in writing and to work effectively with contractors, the public and general staff. Inspectors will possess knowledge of approved and modern methods, materials, tools and safety used in building inspection and the most current building standards.
Inspection Schedule
Interwest will work with your organization to provide inspection staff in a timely manner. Our inspectors are familiar with a multitude of jurisdictional scheduling and tracking systems and can quickly adapt to jurisdiction requirements. Emergency inspections(usually requests that pertain to a serious or urgent life/safety issue)can be provided as they are needed; nights,weekends and holidays. Many of our inspectors are also available to serve at the public counter when needed.
Upland,CA—Scope of Services i
Interwest Consulting Group ��'
PERMIT TECHNICIAN SERVICES
All Permit technician services are crucial to the success of the entire building safety process as they are the first impression the public gets of your building department. Contact with the 0 0 public at this initial point sets the tone for any additional interaction through the life of a project whether engaging the homeowner, architect, developer or contractor or other community member. Delivery of excellent customer service, maintaining a smooth flow of documents and plans throughout departments, and tracking and reporting, are all key elements to furnishing first-rate, efficient and a memorable experience to your clients.
At the request of the City,we will provide one or more Building Permit Technicians to the City.Our Building Permit Technicians will welcome and work closely with customers at the public counter answering all questions.They will provide information about permit applications, plan review and inspection requirements, will be excellent at organizing and maintaining the filing systems necessary for tracking in-progress applications, permits issued, plan check in progress,approved plans and any other information required by the City.Resumes for proposed Building Permit Technicians will be presented to the Chief Building Official for approval and acceptance prior to providing services.
Services provided by the Building Permit Technician may include:
+ Provide customer support and assistance at the permit center counter and over the phone. + Assist the public in completing permit applications and other necessary forms. + Determine permit, plan and process requirements for permit applicants and notifying the applicant when construction documents or permits are ready for pick up or issuance. + Answer questions quickly and correctly directly from the public,from phone calls and emails. + Receive, process and issue building permits and coordinate the plan review and inspection process, including tracking, routing and storage of plans.
+ Review permits application and other pertinent information to verify accuracy and completeness of information.
+ Maintain a variety of public records and filing systems necessary for tracking in-progress applications, permits issued, plan checks in progress, approved plans and other counter related items. + Verify projects have obtained all necessary approvals before issuing permits and that the following have been filed with the City: valid contractor's license, works' compensation and valid business license information.
+ Review and approve less complicated non-structural plan checks over the counter. + Create public informational documents, handouts explaining technical issues or requirements for permit issuance, if needed.
+ Welcome and receive customers at the public services counter in a professional and courteous manner.
EXHIBIT B
Schedule of Charges/Payments
Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Consultant will inform City regarding any out-of-scope work being performed by Consultant. This is a time-and-materials contract.
14
City of Upland//FY 22/23 Hourly Rates ""
tceziri
Cost Proposal
Hourly Billing Rates
Beginning July 01, 2023 and annually thereafter, the hourly rates listed shall be increased based upon the annual increase in the Department of Labor, Bureau of Labor Statistics or successor thereof, Consumer Price Index (United States City Average, All Items (CPI-U), Not Seasonally adjusted,All Urban Consumers, referred to herein as the 'CPI') for the Municipality or, if not reported for the Municipality the CPI for cities of a similar size within the applicable region from the previous calendar year, such increase, however, not to exceed 4% per annum. The increase will become effective upon publication of the applicable CPI data. If the index decreases, the rates listed shall remain unchanged Classification Hourly Billing Rate
Deputy Building Official $109
Building Official 133
Permit Technician I 53
Permit Technician II 60
Permit Technician III 69
Plan Check Specialist I 87
Plan Check Specialist II 98
Plan Check Specialist III 109
Plan Check Engineer 122
Senior Plan Check Engineer 127
Structural Plan Check Engineer 138
Building Inspector I 80
Building Inspector II 88
Building Inspector III 95
CASp Specialist 111
Overtime, Night, or Holiday Work 140% of above listed rates Mileage utilized while performing inspection services within the city will be charged at the current IRS Vehicle Mileage Rate.
Plan Check Fees based on City Fees
We propose the following fee schedule for plan check services performed off site based on the City's Master Fee Schedule:
A 65% for first time check and any required re-check
A 95% for expedited plan check
There is no charge for courier or shipping services.
yve
O1 if Pt
44- " r 94,`
t __-: CITY OF UPLAND
ti -!s
BUDGET AMENDMENT
o tc
9trxoad
Date: 5/27/2025 Fiscal Year: FY25-26
Requested by: Jamie Davidson Amount: $
Dept/Div: Dev Services/ Building&Housing Divisons Description: Transfer Salaries to Professional Services 1 yr Salary for vacant Plans Examiner position
EXPENDITURES
Account Number Dept/Account Description Adopted Budget Current Budget Proposed Amendment Amended Budget 1012201-5111 Building/Salaries -Full Time 695,470.00 629,309.00 (78,368.00) 550,941.00 1012201-5116 Building/ Fringe Benefits 179,450.00 158,708.00 (20,696.00) 138,012.00 Building/ Retirement
1012201-5117 Contributions 78,230.00 70,323.00 (9,370.00) 60,953.00 1012201-5252 Building/ Professional Services 259,620.00 354,430.00 108,434.00 462,864.00 2012931-5111 Housing/Salaries -Full Time 701,520,00 689,845.00 (13,830.00) 676,015.00 2012931-5116 Housing/ Fringe Benefits 182,430.00 178,770.00 (3,652.00) 175,118.00 Housing/Retirement
2012931-5117 Contributions 77,950.00 76,555.00 , (1,654.00) 74,901.00 2012931-5252 Housing/ Professional Services 333,840.00 350,570.00 19,136.00 369,706.00 Total 2,508,510.00 2,508,510.00 - , 2,508,510.001
REVENUES
Account Number Account Description Adopted Budget Current Budget Proposed Amendment Amended Budget Total - i
-
-
Fiscal Impact -
REASON/JUSTIFICATION (Please be specific)
C1 Reallocation of Maintenance&operations to cover actual expense/encumbrances © Estimated revenue adjustment for donations/other sources of revenue 0 Appropriation line item adjustment to match funds received by grant,donations of'other sources (deposit) ❑ Emergency purpose;
Description of Expense:
❑ Other- Explain: See attached breakdown.
Plans Examiner salary&benefits $127,570 (12 months)to professional services; not recruiting during FY26.
Funding consultant staff augmentation of same position in FY25/26 budget. Current budget reflects salary transfer for Development Services Technician TT
This request is directly related to:
D Purchase Requisition No. Vendor:
O Council Meeting of: 6/23/2025 (Attach copy of minutes) Increase Purchase Order# OR Process Requisition #
APPROVALS
Dept Head Approval*: Date:
*Not required if approved by Council
Finance Officer: Date: -K)11`Z -7 5J ,Funds Available? ' 'es oNo
_i Approved a Denied
City Manager: Date:
(over$25,004)*Not required if approved by Council
Comment:
1Finance Division Only:
BA#: Help Ticket#:
Journal #: Initial/Date:
Revised:312024 Page 1 5565f1 T:14 PM
4 or UN
`tCALIFORNIA LEVINE ACT DISCLOSURE STATEMENT
Ogt�� 4Q"
California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits City Officers from participating in any action concerning a license, permit,other entitlement for use,franchise, or contract(collectively"license, permit,or contract") if they receive political contribution(s)from a party, or its agent(s), totaling more than $500 within the twelve (12) months before the proceeding, while a proceeding is pending, and for twelve (12) months following the date of a final decision in a proceeding.
The Levine Act also requires a member of the Upland City Council who has received such a contribution to disclose the contribution on the record of the proceeding and recuse themselves before the proceeding unless the violation has been properly cured.
Current Upland City Council Members are listed at:
https://www.uplandca.gov/city-council-treasurer
Parties and their Agents are responsible for accessing the link to review the names and disclosing their applicable contributions to City Officers on the record of a proceeding.
As a party to a proceeding,you are also required to provide information below about contributions made by you, your agents on behalf of you or your organization, your organization subject to the proceeding with the City, and any organization you direct or control pursuant to the aggregation rules at FPPC Reg. § 18438.5, except for uncompensated officers of a nonprofit organization. This form is to be submitted to the City of Long Beach 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 $500 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):
X NO
2. Do you or your company/entity, or any agency on behalf of you or your company/entity, anticipate or plan to make any political contribution of more than $500 to any Upland City Council Member in the 12 months following any Council action related to your proposal or application? YES If yes, please identify the Council Member(s):
X NO
Answering yes to either of the two questions above does not preclude the Upland City Council from awarding a contract or approving an application or any subsequent action. It does, however, preclude the identified Council Member(s)from participating in any actions related to your proposal or application. 5/30/2025 pa„ A\,,,,,t,
"
Date Signature of authorized individual
Interwest Consulting Group, Inc.
Company/Applicant Name
(Levine Act definitions on reverse side)
LEVINE ACT DISCLOSURE STATEMENT DEFINITIONS
Term Definition Law
A proceeding to grant, deny, revoke, restrict, or modify a license, permit or other entitlement for use, that
does not solely involve purely ministerial decisions
and is:
Covered (1)Applied for by the party; FPPC Reg 18438.2(a) "proceedings" (2) Formally or informally requested by the party; or (3)A contract between the agency and the party or a
franchisee granted by the agency to the party, other
than a contract that is competitively bid, a labor
contract, or a personal employment contract.
Any person who files an application for, or is the
Party subject of, a proceeding involving a license, permit, or Gov. Code 84308(a)(1) other entitlement for use.
Any person who is not a party but who actively
supports or opposes a particular decision in a
proceeding involving a license, permit, or other
entitlement for use and who has a financial interest in Gov. Code 84308(a)(2) Participant the decision.A person actively supports or opposes a FPPC Reg 18438.4 particular decision in a proceeding if that person
lobbies in person the officers or employees of the
agency, testifies in person before the agency, or
otherwise acts to influence officers of the agency.
A person who represents a party or participant for
compensation and appears before or otherwise
Agent communicates with the governmental agency for the FPPC Reg 18438.3 purpose of influencing the pending proceeding. See
FPPC Reg 18438.3 for exceptions for certain
consultants.
A contract required by law to be awarded to the lowest
responsible bidder with a responsive bid, or, if the FPPC Reg Competitively Bid successful bidder refuses or fails to execute the 18438.2(a)(3)(A) contract, to the next lowest bidder with a responsive
bid.
A contract or agreement reached through collective
bargaining or with a representative group regarding
Labor Contract the salary, benefits, or terms and conditions under an FPPC Reg employment or retirement policy for employees or 18438.2(a)(3)(B) retirees, including a project labor agreement entered
under Public Contract Code Section 2500.
Personal A contract for employment, including the terms and Employment conditions of employment, between the agency and FPPC Reg Contract an agency employee.A contract with an independent 18438.2(a)(3)(C)-(D) contractor is NOT a personal employment contract.
fli°
���� v °p`q� C oFUPLAND
.�, s` "The City of Gracious Living"
cllrrii-RO Si7�'C
DATE: June 23,2025
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:ROBERT R.DULQUEST,DEVELOPMENT SERVICES DIRECTOR
ALAN FRENCH,PRINCIPAL ENGINEER
SUBJECT: CONSIDER APPROVAL OF AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT WITH ADVANTEC,INC.
RECOMMENDED ACTION:
It is recommended that the City Council approve Amendment No. 3 to the agreement with ADVANTEC Consulting Engineers,Inc., extending the contract term by an additional one year for the current annual amount of$150,000 for Fiscal Year 2025-26;and authorize the City Manager to execute the amendment.
GOAL STATEMENT
The proposed action supports the City's goal of providing reliable,timely and efficient traffic engineering services for the Upland citizens.
BACKGROUND
The City of Upland utilizes part-time contract consultants to provide professional services and to augment existing staff levels. On December 13,2021,the City Council approved a professional services agreement with ADVANTEC Consulting Engineers, Inc. (ADVANTEC) for traffic engineering services and staff augmentation. The original contract was for a three-year term with two City-optional one-year extensions and was for a contract amount of $50,000 for Fiscal Year 2021-22, $100,000 for Fiscal Year 2022-23 and$100,000 for Fiscal Year 2023-24 for a total contract amount of$250,000.
Due to the value of the service,on August 14,2023,the City Council approved Amendment No. 1 to the agreement with ADVANTEC which increased the annual contract amount by$50,000 for total annual amount of$150,000. This amendment allowed the traffic engineer to be on-site for an additional day per week(for a total of two days per week).
The City processed a second amendment for the Fiscal Year 2023-24 for signal design and permit assistance efforts to modify the traffic signal at 210 Freeway and Campus for an additional$24,000.
ISSUES AND ANALYSIS
The City Council has approved the reorganization of the Public Works Department which added one full-time in- house traffic engineer position. With this approval,the ADVANTEC contract will no longer be needed.
The current term of the ADVANTEC contract ends on June 30,2025. However,it will take some time to onboard a new employee. For this reason, the City wishes ADVANTEC to continue providing Traffic Engineering Services until the Traffic engineer position is filled. Therefore,a third amendment with ADVANTEC is needed.
ENVIRONMENTAL DETERMINATION
This contract amendment for traffic engineering servicing with the City is not considered a project under the California Environmental Quality Act(CEQA)regulations.
FISCAL IMPACTS
The total estimated cost for Fiscal Year 2025-26 is$150,000. There are available funds in the Development/Traffic Engineering Professional Services Account No. 1012208-5252.
ALTERNATIVES
Provide alternative direction to staff.
CEQA:Not a Project.
AMENDMENT NO. 3 TO AGREEMENT
FOR PROFESSIONAL SERVICES WITH ADVANTEC
This Amendment No. 3 to that certain Professional Services Agreement entered into between the Parties is made and entered into as of June 30, 2025 ("Effective Date") by and between the City of Upland, a municipal corporation ("City") and ADVANTEC Consulting Engineers, INC. a California Corporation ("Consultant"). City and Consultant are sometimes referred to herein individually as a "Party" and collectively as "Parties."
RECITALS
A. WHEREAS, City and Consultant have entered into that certain Professional Services Agreement dated January 1, 2022, for the purpose of providing traffic engineering services to City (the "Original Agreement").
B. WHEREAS, City and Consultant have executed Amendment No. 1 to the Original Agreement dated August 14, 2023 ("Amendment No. 1") for the purpose of providing additional traffic engineering services for an additional compensation of$50,000 for City fiscal year 2022/23 and future fiscal years.
C. WHEREAS, City and Consultant have executed Amendment No. 2 to the Original Agreement dated April 22, 2024 ("Amendment No. 2") (the Original Agreement Amendment No. 1 and Amendment No. 2 are collectively referred to as the "Amended Agreement") for the purpose of providing additional traffic engineering services for an additional compensation of$24,000 for City fiscal year 2023/24.
D. WHEREAS the Parties now desire to amend the Amended Agreement in order to extend the Term of the Amended Agreement for an additional year through June 30, 2026.
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 3 and the Amended Agreement, the Parties mutually agree as follows:
AGREEMENT
1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.
2. Compensation Commencing July 1, 2025. Notwithstanding any provisions in Section 2 of the Amended Agreement to the contrary, commencing July 1, 2025 for City fiscal year 2025/2026, and for services rendered to City, (a) the fiscal year compensation shall not exceed $150,000, (b)the Schedule of Charges shall be as set forth in Exhibit "A- 1" attached hereto and incorporated herein by reference, and (c) the total fiscal year compensation, including Additional Work, for City fiscal year 2025/2026 shall not exceed $165,000 without approval by the City Council.
3. Reaffirmation of Provisions of Amended Agreement. All terms and provisions of the Amended Agreement not modified by or replaced with provisions in this Amendment No. 3 shall remain in full force and effect. Page 160 of 442
4. Electronic Transmission. A manually signed copy of this Amendment No. 3 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 Amendment No. 3 for all purposes. This Amendment No. 3 may be signed using an electronic signature.
5. Counterparts. This Amendment No. 3 may be signed in counterparts, each of which shall constitute an original.
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 3 on the Effective Date first herein above written.
CITY OF UPLAND CONSULTANT
ADVANTEC Consulting Engineers, Inc.
Michael Blay,
City Manager Leo Lee, PE
CEO
APPROVED AS TO FORM: ADVANTEC Consulting Engineers, Inc.
Stephen Deitsch Pauline Yip
Best Best & Krieger LLP Board Secretary
City Attorney
ATTEST:
Keri Johnson
City Clerk
EXHIBIT A-1
ADDITIONAL TRAFFIC ENGINEERING SERVICES
[RATE SHEET ATTACHED]
AD V ANTEC Consediiiig Engineers
Hotrtl/Rid
EfTtuie• JtriuBror 2C21
Classificeitkan Erik
Project Dir L" II $no fryer
Pro)ec! enactor II S3iXI+Muir
Project DIrelor I S28.0+Muir
Project kilEmegor.Germor their VII I 4250+fttwr
Pri jar;t 141exrsiar.'Siarrar Eng•Rar iII !Muir
Project Wfarraglari iii t Ergirraer 1'I fit}:}1 firer Project hilerkeirdSecilci ErriIrreer V 171130.1 Byer Frn} t EnigIrkeeii Flamer h! 1eiCP r Muir
Prefect EncIrkeici Flamer II $140! .
Frost Enwrsar r Firmer i t $1 gt}!Mai'
Assccinta Enwr}ar r Pinner I f,120..I firer
% ista rt Engineer S11CPr hair
DsaNrr TQcmrcion I.1214.r tour
Down TachriIcisrr IV 171204 flyer
Dew"Tecnrrlaleri II $100 r ha.
Adrrr:ristrratm II .11 r Muir
AcIrr.risir I 6 g5 r Muir
Direct Cost*
EITtt114rt January. 2U21
F1lilaege :D.59i'rrlte
In Heine Plating f14tylerJ :2O.O0 per� sheet
In Fluise Planing anra) : 1G.OG per D-s etrlmt firer (WO Casts Al Cot } 11:45 miry
FIGORD3sevelt I [r.iie I CA41520
DocuSign Envelope ID:82FA51AA-841A-4A91-86BE-20DABDC209D7 AMENDMENT NO. 2 TO AGREEMENT
FOR PROFESSIONAL SERVICES WITH ADVANTEC
This Amendment No. 2 to the Professional Services Agreement is made and entered into as of April 22, 2024 ("Effective Date") by and between the City of Upland, a municipal corporation ("City") and ADVANTEC Consulting Engineers, INC. ("Consultant").
City and Consultant are sometimes referred to herein individually as a "Party" and collectively as "Parties."
RECITALS
A. WHEREAS, the City and the Consultant have entered into an agreement, dated January 1, 2022, for the purpose of providing traffic engineering services (the "Original Agreement").
B. WHEREAS, the City and the Consultant have executed Amendment No. 1, dated August 14, 2023 the Original Agreement and Amendment No. 1 are collectively referred to as the "Amended Agreement" for the purpose of providing additional traffic engineering services for an additional compensation of $50,000 for City fiscal year 2022/23 and the future fiscal years.
C. WHEREAS, the Parties now desire to amend the Amended Agreement in order to include for City fiscal year 2023/24 only additional traffic engineering services including the design of the signal modification for Campus and the 210 Freeway signals and to include for City fiscal year 2023/24 only additional funds of $24,000 for the performance of the additional traffic engineering services in accordance with the compensation provisions of the Amended Agreement.
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 2 and the Original Agreement, the Parties mutually agree as follows:
AGREEMENT
1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.
2. Compensation Commencing July 1, 2023. Notwithstanding any provisions in Section 2 of the Amended Agreement to the contrary, commencing July 1, 2023 for City fiscal year 2023/24 only, and for services rendered to City, (a) the fiscal year compensation shall not exceed $174,000, (b) the Schedule of Charges shall be as set forth in Exhibit "A-1" attached hereto and incorporated herein by reference, and (c) the total fiscal year compensation for City fiscal year 2023/24 only, including Additional Work, shall not exceed $200,000 without approval by the City Council
3. Electronic Transmission. A manually signed copy of this Amendment No. 2 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 Amendment No. 2 for all purposes. This Amendment No. 2 may be signed using an electronic signature.
DocuSign Envelope ID:82FA51AA-841A-4A91-86BE-20DABDC209D7
4. Counterparts. This Amendment No. 2 may be signed in counterparts, each of which shall constitute an original.
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 2 on the Effective Date first herein above written.
CITY OF UPLAND CONSULTANT
ADVANTEC Consulting Engineers, Inc.
LDC
DocuSigned by:
by:
WYf40A... p/ 9ned
Michael Blay, +o3cr-er-1•tee/D4ro...
City Manager Leo Lee, PE
President
APPROVED AS TO FORM: ADVANTEC Consulting Engineers, Inc.
DocuSigned by:
DocuSigne,,d by: P [ Y
ShiLu'" VU `'�k, dBEe5A.4.9e0*4e0.
332o:,7oFedd049E... Pauline YIP
Stephen Deitsch Board Secretary
Best Best & Krieger LLP
City Attorney
ATTEST:
LDocuSigned by:
'6A,i,3
P4•Y9 VSPII7C'C347A...
Keri Johnson
City Clerk
DocuSign Envelope ID:82FA51AA-841A-4A91-86BE-20DABDC209D7 EXHIBIT A-1
ADDITIONAL TRAFFIC ENGINEERING SERVICES
[RATE SHEET ATTACHED]
DocuSign Envelope ID:82FA51AA-841A-4A91-86BE-20DABDC209D7 . yst4 A DV ANTEC Consedthig Doi imp
Hourly Roittea
Effective. January 2021
LLassificPrari 6r
Project Diniclor II 332D.1 hour
Prajsc! Drecbar II 330+ggUr
Pr )ect DIredlor I 3 +qc it
Project I.11Ert gtir:Seriar Empleer VII I 325D+h rr PPajact LiwnsigsrGan ar Enwrw•ar VII €230 r 44vr
ar t Manawrr6e<ricr Ergiriaer I KM!hew
Rrc e t ResrrsIerSeelo r ErriIrrser V $1 BO I hour Rrc e t ErriIrrser.' Rksmer h1 $1 i r 44+ur
Rrc}et ErrIIrrser.' Flamer II S140.1 how
Fircisct EnEwsiar r Pleinriar it 1.130 I Iran
Assccinto EnggiEer Pinner I $120 hour
Assislarrt Ergiriae' S111)r h z
Dawn Tairr .im $1404 hour
Dow" TeclrnIcI9rr IV $1241 hew
Dawn Terhrrieloi1 II S1't hop.
Adrnmistrot we II $110 r Muir
AcImrialrEfts I s gh r I1c1Jr
Direct Costs
Man J rIuoi y 2021
M11ilme :0.5W1rorlle
In Hoene PI ng (141 Is1) :24.00 per D-s sheet
In Ilio415e PkftliN (Elo i ) 3113.00 per see sheet Otrisf Omni Oasts AI Cost } 11:61i.sernIrr
EGO Rixi •elt I Ir..ie I CA92S a
T PAP,14 L F 949, 1);,11,.1 uromir.achmilo::-umxin
AMENDMENT NO. 1 TO AGREEMENT
FOR PROFESSIONAL SERVICES WITH ADVANTEC
This Amendment No. 1 to the Professional Services Agreement is made and entered into as of August 14, 2023("Effective Date")by and between the City of Upland, a municipal corporation("City")and ADVANTEC Consulting Engineers, INC. ("Consultant").
City and Consultant are sometimes referred to herein individually as a "Party" and collectively as "Parties."
RECITALS
A. WHEREAS, the City and the Consultant have entered into an agreement, dated January 1, 2022, for the purpose of providing traffic engineering services (the "Original Agreement").
B. WHEREAS, the Parties now desire to amend the Original Agreement in order to include additional traffic engineering services and to include additional funds for the performance of the additional traffic engineering services in accordance with the compensation provisions of the Original Agreement.
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 1 and the Original Agreement, the Parties mutually agree as follows:
AGREEMENT
1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.
2. Compensation Commencing July 1, 2023. Notwithstanding any provisions in Section 2 of the Original Agreement to the contrary, commencing July 1, 2023, and for services rendered to City thereafter, (a) the fiscal year compensation shall not exceed $150,000, (b) the Schedule of Charges shall be as set forth in Exhibit "A-1" attached hereto and incorporated herein by reference, and (c) the total fiscal year compensation, including Additional Work, shall not exceed $200,000 without approval by the City Council
3. Electronic Transmission, A manually signed copy of this Amendment No. 1 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 Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an electronic signature.
4. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original.
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the Effective Date first herein above written.
CITY OF UPLAND CONSULTANT
ADVANTEC Consulting Engineers, Inc.
rch.e
:lay,
City :'ager Leo Lee,
Chairman
APPROVED AS TO FORM: ADVANTEC Consulting Engineers, Inc. s e
Pbuline Yip
Stephen Deitsch Board Secretary
BestBet&KriegerLLP
City Attorney
ATTEST:
Keri Johnson
City Clerk
•
EXHIBIT A-1
ADDITIONAL TRAFFIC ENGINEERING SERVICES
[RATE SHEET ATTACHED]
i V.4NTEC C e,,Aer ring Engitieers
Hourly Rates
Errefte d;enuttyr 2021
C4assifa et. r.
P jpct DirevIo- It $320/hog
Project !Director II $300 A tro rr
Project Director I $280 01 hour
Project 1 energ er:;s+ehior Eng_leer VIII 5250 I ham Pxoject Sie-rerger.'Semor Er1grrr?er VII 6230 f room Project I'ieroDer;SelicIT €njirderr VI woo.f na.rr Project tieragiier/Senor En ii ' V $1m r hr3Jr
Project tErr ineere narkle IV $1 eiD f hc?rjrr
Project E iriefrr1 PUirtlel It $14 i f hgv
Project Eng'mar Purer 11 $130 Woe
A55ocitke Ertci r z Plarrer I $120 /trcr.rr
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CITY OF UPLAND
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of January 1, 2022 by and between the City of Upland, a public agency organized and operating under the laws of the State of California with its principal place of business at 460 N. Euclid Avenue, Upland, CA 91786("City"), and_ADVANTEC Consulting Engineers, Inc. a California CORPORATION, with its principal place of business at 21700 Copley, Suite 350 Diamond Bar 91765_(hereinafter referred to as"Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following:
Traffic Engineering Services (hereinafter referred to as "the Project").
B. Consultant is duly licensed and has the necessary qualifications to provide such services.
C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit "A."
2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit"B." b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of$50,000 in fiscal year 2021/22 and $100,000 per year for the remainder of the contract. This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed.
Payments to Consultant for work performed will be made on a monthly billing basis. c. Consultant 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 consultant's fees it shall give written notice to Consultant within 30 days of receipt of a notice of any disputed fees set forth on the invoice.
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d. The City Manager may approve Additional Work, as further defined in Section 3, up to ten percent (10%) of the amount of the Agreement or fifty thousand dollars ($50,000.00). In no event shall the total sum of the agreement (original compensation amount and Additional Work) exceed one hundred thousand dollars ($100,000) for the first year and one hundred fifty thousand dollars ($150,000) per year for the remaining years. Any additional work in excess of this amount shall be approved by the City Council.
3. Additional Work.
If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.
5. Term.
The term of this Agreement shall be from the date the contract is executed by all parties to June 30, 2025, unless earlier terminated as provided herein. The Parties may, by mutual written consent, extend the term of this Agreement for up to two terms one year each. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed ("Notice to Proceed").
6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non- performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; pandemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.
7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. 2
b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
8. Standard of Care
Consultant's services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.
9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.
a. PERS Eligibility Indemnification
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System ("PERS") to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In 3
addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Agreement (8) Property Damage
(9) Independent Contractors Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for(1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
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(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers' Compensation/Employer's Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the "Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer's Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers' compensation coverage of the same type and limits as specified in this section.
d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein.
This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form specifically designed to protect against acts, errors or omissions of the Consultant. "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy must"pay on behalf of'the insured and must include a provision establishing the insurer's duty to defend. e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 combined single limit Employer's Liability $1,000,000 per accident or disease Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
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(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required
Prior to execution of the Agreement,the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer's equivalent) signed by the insurer's representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant's policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers,employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultants.
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(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
h. Qualifying Insurers
(I) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A: VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents, or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section.
Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for subcontractors or subconsultants.
12. Indemnification.
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a. To the fullest extent permitted by law, Consultant shall defend(with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's services,the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
b. If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance of"design professional" services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault.
13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects ("Prevailing Wage Laws"). If the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify, and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor(Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the services are being performed as part of an applicable "public works" or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing,the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant's sole responsibility 8
to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant's performance of services, including any delay, shall be Consultant's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify, and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.
14. Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to,the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.
15. Reserved
16. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California.
If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California. 17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten(10)calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty(30) calendar days'written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
18 Documents. Except as otherwise provided in "Termination or Abandonment," above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to, and become the property of the City.
19. Organization
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Consultant shall assign Lawrence Tai, TE to serve as Traffic Engineer while, John Kerenyi, TE, PTOE will serve as Project Manager and backup Traffic Engineer. The Traffic Engineer or the Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.
20. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described above.
21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:
DISTRICT: CONSULTANT:
City of Upland ADVANTEC Consulting Engineers, Inc. 460 N. Euclid Avenue 21700 Copley Drive, Suite 350 Diamond Bar, CA 91765
Upland, CA 91786 ATTN: Leo Lee, PE, CEO
Attn: City Manager
and shall be effective upon receipt thereof.
22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.
23. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age, or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination.
24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.
25. Severability
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The unenforceability, invalidity, or illegality of any provision(s) of this Agreement shall not render the remaining provisions unenforceable, invalid or illegal.
26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties, or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.
27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either Party, unless such waiver is specifically specified in writing.
28. Time of Essence
Time is of the essence for each and every provision of this Agreement.
29. City's Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.
30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF UPLAND
AND CONSULTANT
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF UPLAND CONSULTANT, INC.
By: �, By: � \,.
► 7'ha� Y A v
City {:nager Its: l t }
Printed Name: f fL
ATTEST: By: £4
()Ir
By: Its: % 0 es Y-
Keri Johnson
City Clerk -� R2R�0_
Printed Name: -I 0� t
APPROVED AS TO FORM: ,
By.
.I ti„ 1
Stephen Deitsch
City Attorney
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EXHIBIT A
Scope of Services
• Maintain regularly scheduled office hours at the City for approximately eight to ten hours per week. Additional hours may be requested on an as-needed basis. • Attend City Council, Planning Commission, and Public Works Committee meetings, and other special meetings, on an as-needed basis.
• Prepare staff reports, presentations, memos, and other materials and information for use at various public meetings, as requested.
• Make presentations at City Council, Public Works, and other meetings, as requested. • Service and represent the City as the City Traffic Engineer interfacing with the public, staff, and other governmental agencies to address any and all matters relating to traffic plans within and/or affecting the City.
• Respond to citizen requests, questions, complaints, and concerns, as requested. • Review and prepare service requests for traffic control measures such as red curbs, stop signs, loading zones, restrictive parking signs, and others, as requested. • Conduct studies to identify and resolve issues related to traffic and pedestrian safety in areas surrounding schools, and other areas designated in the Neighborhood Traffic Management Plan, as determined by the City Council.
• Conduct studies regarding various traffic, pedestrian, bike way, and any other traffic related issues as part of the Departments Master Plans including speed surveys. • Assist staff in the preparation and processing of grant funding applications. • Assist staff in the development of parking and traffic policies, regulations, ordinances, and resolutions in relation to traffic issues and standards. • Prepare traffic warrants and conduct speed surveys, as requested. • Review development proposals and conduct studies as appropriate to ensure consistency with City, County and State codes, standards, ordinances, and policies. • Assist in providing of the`Conditions of Approval"for proposed development projects. • Evaluate and provide recommendations regarding the developer proposed mitigation measures for development projects, as requested.
• Perform the duties of staff liaison to Caltrans and San Bernardino County Department of Public Works for street and lighting maintenance issues, as requested. • Assist Public Works Department in reviewing/ updating traffic signal timing plans, traffic striping plans, and construction area traffic control plans, as requested. • Review parking plans for parking lots and circulation issues, and provide analysis for new and existing development, as requested.
• Review Use Permits and provide comments, as requested by the Planning Department and Planning Commission.
• Prepare parking studies, traffic counts and parking counts and assignments. • Assist the Finance Department with the implementation of the new technology meters. • Assist the Police Department with traffic plans for special projects and events, DUI checkpoint layouts, safe traffic routes during special events, and other activities. • Assist the Police Department Traffic Bureau with truck route concerns, enhanced safety programs for school routes and bike safety and traffic education. Also, special neighborhood safety projects concerning speeding, stop signs, and sign violations. • Provide monthly invoices with specific projects and/or activity accounting of hours billed including costs advanced by the consultant, and any other information. 13
EXHIBIT B
Schedule of Charges/Payments
Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Consultant will inform City regarding any out-of-scope work being performed by Consultant. This is a time-and-materials contract based on the rate schedule below.
The billing rate for the Traffic Engineer will be at$180/hr. The billing rate will be negotiable when the parties are to negotiate the optional two one-year terms.
AD VANTEC Consultinir Engineers
Hourly Rates Effective January 2021
Classification Rate
Project Director III $320/ hour
Project Director II $300/ hour
Project Director I $280/ hour
Project Manager/Senior Engineer VIII $250/ hour
Project Manager/Senior Engineer VII $230/ hour
Project Manager/Senior Engineer VI $200 I hour
Project Manager/Senior Engineer V $180/ hour
Project Engineer/ Planner IV $160/ hour
Project Engineer/ Planner II $140/ hour
Project Engineer / Planner t t $130/ hour
Associate Engineer /Planner I $120/ hour
Assistant Engineer $110/hour
Design Technician V $140/ hour
Design Technician IV $120/ hour
Design Technician III $100/ hour
Administrative III $110/ hour
Administrative I $95/ hour
Direct Costs Effective January 2021
Mileage $0.56/mile
In House Plotting (Mylar) $20.00 per D-size sheet In House Plotting (Bond) $10.00 per D-size sheet Other Direct Costs At Cost + 10% admin
1200 Roosevelt Irvine I CA 92620
T 949.861.4999 F 949.502.5522 www.advantec-usa.corn 14
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CALIFORNIA LEVINE ACT DISCLOSURE STATEMENT
California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits City Officers from participating in any action concerning a license, permit,other entitlement for use,franchise, or contract(collectively"license, permit,or contract") if they receive political contribution(s)from a party, or its agent(s), totaling more than $500 within the twelve (12) months before the proceeding, while a proceeding is pending, and for twelve (12) months following the date of a final decision in a proceeding.
The Levine Act also requires a member of the Upland City Council who has received such a contribution to disclose the contribution on the record of the proceeding and recuse themselves before the proceeding unless the violation has been properly cured.
Current Upland City Council Members are listed at:
https://www.uplandca.gov/city-council-treasurer
Parties and their Agents are responsible for accessing the link to review the names and disclosing their applicable contributions to City Officers on the record of a proceeding.
As a party to a proceeding,you are also required to provide information below about contributions made by you, your agents on behalf of you or your organization, your organization subject to the proceeding with the City, and any organization you direct or control pursuant to the aggregation rules at FPPC Reg. § 18438.5, except for uncompensated officers of a nonprofit organization. This form is to be submitted to the City of Upland and is a public record. If you have any questions about this form, please contact your City representative for assistance.
1. Have you or your company,or any agent/board member on behalf of you or your company/entity, made any political contributions of more than $500 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):
X NO
2. Do you or your company/entity, or any agency on behalf of you or your company/entity, anticipate or plan to make any political contribution of more than $500 to any Upland City Council Member in the 12 months following any Council action related to your proposal or application? YES If yes, please identify the Council Member(s):
X NO
Answering yes to either of the two questions above does not preclude the Upland City Council from awarding a contract or approving an application or any subsequent action. It does, however, preclude the identified Council Member(s) from participating in any actions related to your proposal or application. 06/16/2025 Pauline Yi , CFO
Date Signature o uthorized individual
ADVANTEC Consulting Engineers Inc.
Company/Applicant Name
(Levine Act definitions on reverse side)
LEVINE ACT DISCLOSURE STATEMENT DEFINITIONS
Term Definition Law
A proceeding to grant, deny, revoke, restrict, or modify a license, permit or other entitlement for use, that
does not solely involve purely ministerial decisions
and is:
Covered (1)Applied for by the party; FPPC Reg 18438.2(a) "proceedings" (2) Formally or informally requested by the party; or (3)A contract between the agency and the party or a
franchisee granted by the agency to the party, other
than a contract that is competitively bid, a labor
contract, or a personal employment contract.
Any person who files an application for, or is the
Party subject of, a proceeding involving a license, permit, or Gov. Code 84308(a)(1) other entitlement for use.
Any person who is not a party but who actively
supports or opposes a particular decision in a
proceeding involving a license, permit, or other
entitlement for use and who has a financial interest in Gov. Code 84308(a)(2) Participant the decision.A person actively supports or opposes a FPPC Reg 18438.4 particular decision in a proceeding if that person
lobbies in person the officers or employees of the
agency, testifies in person before the agency, or
otherwise acts to influence officers of the agency.
A person who represents a party or participant for
compensation and appears before or otherwise
Agent communicates with the governmental agency for the FPPC Reg 18438.3 purpose of influencing the pending proceeding. See
FPPC Reg 18438.3 for exceptions for certain
consultants.
•
A contract required by law to be awarded to the lowest
responsible bidder with a responsive bid, or, if the FPPC 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.
A contract or agreement reached through collective
bargaining or with a representative group regarding
Labor Contract the salary, benefits, or terms and conditions under an FPPC Reg employment or retirement policy for employees or 18438.2(a)(3)(B) retirees, including a project labor agreement entered
under Public Contract Code Section 2500.
Personal A contract for employment, including the terms and Employment conditions of employment, between the agency and FPPC Reg Contract an agency employee.A contract with an independent 18438.2(a)(3)(C)-(D) contractor is NOT a personal employment contract.
4<�°v °p`qt CITFUP LAND
o "The City of Gracious Living"
- -
DATE: June 23,2025
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:ROBERT D.DALQUEST,DEVELOPMENT SERVICES DIRECTOR
DIANE COTTO,HOUSING MANAGER
GIOVANNI ARELLANO,REHABILITATION PROGRAMS ADMINISTRATOR SUBJECT: CONSIDER APPROVAL OF PROGRAM GUIDELINES FOR THE MULTI-FAMILY
REHABILITATION PROGRAM
RECOMMENDED ACTION:
It is recommended that the City Council approve the Program Guidelines for the Multi-Family Rehabilitation Program with $400,000 towards Program funding and authorize the City Manager to execute all documents necessary to implement the program.
GOAL STATEMENT
The proposed action supports the City of Upland's goal of preserving and enhancing the existing affordable housing stock in the City by providing grants focusing on maintenance,rehabilitation,and long-term sustainability. The action also implements a program in the Housing Element to ensure that low-and moderate-income households continue to have access to safe,decent,and affordable living conditions.
BACKGROUND
The Housing Division of the Development Services Department implements programs that are focused on maintaining and improving the current supply of affordable rental housing to address the demand for overall affordable housing within the community.This commitment focuses on supporting low-to moderate-income residents by ensuring access to safe, quality, and affordable housing options. As part of this program, the Development Services Department's Housing Division has created the Multi-Family Rehabilitation Program(MFRP). If approved,the MFRP will provide financial assistance to eligible private property owners of qualifying multi-family residential buildings in the City.
The goals of the MFRP are captured in its Program Guidelines,which are structured to:
• Preserve and protect existing affordable housing units that are at risk of physical deterioration or potential conversion to market-rate housing.
• Enhance the quality of life for low- and moderate-income residents by improving housing conditions and ensuring units are safe,healthy,and habitable.
• Promote long-term housing affordability, ensuring that rehabilitated units remain accessible to income- qualified residents while complying with both local mandates and federal funding requirements. • Encourage private investment by offering support and financial incentives to property owners in the forms of conditional grants,thereby enabling them to make substantial improvements that benefit both tenants and the broader Upland community.
The MFRP targets properties containing eight or fewer units,where at least 51%of the units are currently occupied, or will be occupied, by low- to moderate-income households. Under the MFRP, staff will oversee all elements of program implementation and administration. This includes:
• Outreach and marketing to inform and attract eligible property owners. • Application intake and review,including assessment of property and ownership eligibility. • Income determination will be conducted in accordance with the U.S. Department of Housing and Urban Development(HUD)Part 5 Income Guidelines,to verify tenant eligibility and confirm that property owners comply with affordable housing standards.
• Construction management services, offering guidance and oversight for rehabilitation efforts to ensure quality improvements and cost efficiency.
• Program administration, which includes long-term monitoring, compliance checks, and enforcement of program rules to uphold the integrity and intended outcome of the MFRP.
ISSUES AND ANALYSIS
As a pilot program, staff will initially focus marketing and outreach efforts in Districts Three and Four,where most of the existing older apartment stock is generally located, and exhibits significant deferred maintenance, and encompasses a majority of Upland's low-income census tracts. These districts have been identified as high-need areas where targeted investment can have the most meaningful impact in preserving and enhancing affordable housing options. The MFRP will be funded through the City of Upland's Community Development Block Grant (CDBG) which received an allocation of$100,000 to the MFHP for Fiscal Year 2025-26, and $300,000 from the Low- and Moderate-Income Housing Fund for an initial total program funding of$400,000.
The program will offer exterior rehabilitation grants of up to $50,000 per qualifying property. To encourage shared investment, property owners are required to contribute a 25% owner match to the grant amount with the private funding contribution capped at$12,500. A five-year maintenance covenant will be recorded against all participating properties to ensure long-term program compliance. The MFRP grant funds are limited to pre-approved exterior property improvements, as determined by staff. Eligible improvements may include but are not limited to the following:
• Roof repair or replacement
• Insulation installation or upgrades(attic and/or walls) • HVAC system repair,replacement,or installation
• Exterior painting(including stucco,siding,wood trim,or other surfaces) • Re-stucco(color coat application)
• Landscaping, turf reduction, and irrigation upgrades (including drought-tolerant landscaping, low- maintenance hardscape,and smart irrigation systems)
• Fencing repairs or replacement(limited to front yards and side yards on corner lots) • Additional exterior improvements as deemed necessary by Housing Staff to meet program goals As a federally funded rehabilitation program,the MFRP is subject to HUD-mandated environmental and health safety regulations, including testing and mitigation/abatement for lead-based paint, asbestos, and radon gas. To ensure compliance with these federal standards, the program may provide up to $25,000 in additional funding per project beyond the$50,000 rehabilitation grant for necessary abatement or mitigation measures required by law. Priority will be given to improvements that are visible from the public right-of-way, reinforcing the City's efforts to enhance neighborhood aesthetics and promote community pride. To further support tenant safety,MFRP grants will also cover the purchase and installation of code-compliant smoke and carbon monoxide detectors,as well as seismic water heater straps.
To effectively implement the program, staff has developed detailed Program Guidelines,which outline:
• Eligibility criteria for both property owners and tenants • Allowable uses of funds
• Application procedures
• Program compliance and monitoring requirements
By adopting these Program Guidelines, the City Council will enable staff to move forward with the formal administration of the MFRP, delivering both financial and technical support to eligible property owners. This effort will ensure that qualifying multi-family properties are rehabilitated and maintained in a manner that provides long- term benefit to low- and moderate-income residents. Ultimately, approval of the MFRP Guidelines represents a proactive investment in Upland's affordable housing stock,helps promote neighborhood stability,and helps safeguard the community's limited affordable housing resources for future generations.
ENVIRONMENTAL DETERMINATION
The proposed action is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities)of the CEQA Guidelines,as it involves the rehabilitation of existing structures with negligible or no expansion of use. In addition to CEQA compliance, the project is also subject to the environmental review
requirements of the National Environmental Policy Act (NEPA), as mandated under the Community Development Block Grant(CDBG)program. A NEPA review will be conducted in accordance with HUD regulations at 24 CFR Part 58 to ensure that all applicable federal environmental requirements are met prior to the commitment of funds.
FISCAL IMPACTS
The total grant program funding is $400,000. There are available funds in the Fisal Year 2025-26 CDBG Administration Grants Account No.2092301-5301 ($100,000)and Low-and Moderate-Income Housing Fund Grants Account No.2012931-5301 ($300,000).
ALTERNATIVES
Provide alternative direction to staff.
CEQA: Determined to be Exempt pursuant to Section 15301 (Existing Facilities)of the CEQA Guidelines.
OF ups
t , 111v
MULTI-FAMILY REHABILITATION PROGRAM
PROGRAM GUIDELINES
JUNE 23, 2025
SPONSORED BY
COMMUNITY DEVELOPMENT BLOCK GRANT AND
LOW-AND MODERATE-INCOME AFFORDABLE HOUSING FUND
MULTI-FAMILY UNIT REHABILITATION PROGRAM
PROGRAM GUIDELINES
TABLE OF CONTENTS
I. PROGRAM DESCRIPTION 1
II. ASSISTANCE TYPE 1
III. PROGRAM GRANTS 1
IV. ELIGIBILITY CRITERIA 1
A. Eligible Applicants 1
B. Eligible Improvements 2
V. IMPLEMENTATION 3
A. Administration 3
B. Application 3
C. Pre-qualification, Evaluation and Work Write-up Contractor Selection, Notice to Proceed and Construction Phase 4 D. Approval of Program Legal Documents 6 E. Authority to Administer 6
City of Upland- Multi-Family Rehabilitation Program
I. PROGRAM DESCRIPTION
The City of Upland ("City") sponsors the Multi-Family Rehabilitation Program ("Program") to offer grants for approved exterior enhancements aimed at rehabilitating multi-family rental properties. Eligible properties must consist of eight units or fewer and house at least fifty-one percent (51%) low- to moderate-income tenants within the Upland city limits. Property owners who meet the Program's criteria are invited to participate.
II. ASSISTANCE TYPE
Multi-family residential properties with eight or fewer dwelling units are eligible to apply for exterior rehabilitation grants of up to $50,000. Property owners must contribute a 25% owner-match to the grant amount, with private funds capped at $12,500. These match funds can be utilized for supplementary exterior or interior improvements, as approved by the Development Services Director ("Director"). Program grant funds are exclusively for the costs associated with the repair and/or replacement of City-approved improvements, subject to the Director's determination.
III. PROGRAM GRANTS
Program grants will be awarded to eligible applicants upon fulfillment of all program requirements. The grant will be formalized through a Program grant agreement executed between the City and the applicant(s). This agreement will include a five-year "Maintenance Covenant" (refer to the attached document), which will be recorded against the property and automatically terminate five years from the date of recordation.
Program funding is contingent upon the applicant contributing a 25% match to the grant amount.
IV. ELIGIBILITY CRITERIA
A. Eligible Applicants
Property owners of multi-family residential properties with eight or fewer units within Upland's city limits are eligible to apply for Program grants. Eligibility is determined by Program staff ("Staff"), which may include City employees and/or city consultants, following a comprehensive review of all required documentation. Additionally, the property must be in need of improvements to meet current City property standards.
City Council Members and staff involved in policy or program decision-making related to the Program are not eligible to apply.
Applicants must submit a complete Program application, along with supporting documentation, including tenant information demonstrating that at least 51% of the units are occupied by low- to moderate-income tenants. This determination is made in accordance with the United States Department of Housing and Urban Development's (HUD) Part-5 Income Determination guidelines. The City aims to assist multi-family April-2025 1 Program Policies
Upland-Multi-Family Rehabilitation Program
property owners who work to preserve or rehabilitate affordable housing for low- to moderate-income residents in Upland.
Funding for the Program is provided by federal Community Development Block Grant (CDBG) funds and/or local Low and Moderate-Income Housing Asset Funds (LMIHF).
These funds are subject to 24 CFR Part 570 and California Health and Safety Code Section 34176 regulations, inclusive of lead, asbestos and radon testing.
B. Eligible Improvements
Grant funds provided under the Program are strictly limited to specific exterior property improvements as approved by the Director. Eligible improvements include, but are not restricted to:
1. Roof
o Repair or replacement.
2. Heating, Ventilation, and Air Conditioning (HVAC)
o Repair, replacement, or installation.
3. Exterior Painting
o Painting of existing stucco, siding, wood trim, or other exterior surfaces.
4. Re-stucco
o Application of color coat.
5. Landscaping, Turf Reduction, and Irrigation
o Installation of waterwise landscaping, low-maintenance landscape or hardscape, and smart, efficient irrigation systems.
6. Fencing
o Repair or replacement of front yard fencing, or side yard fencing for corner lots.
7. Additional Improvements
o Any other improvements deemed necessary by Program staff to fulfill the goals and objectives of the Program.
8. Lead, Asbestos and/or Radon testing and mitigation
o Up to $25,000 of additional grant funding may be provided to make necessary mitigation or abatement repairs.
Interior improvements must be funded exclusively through the applicant's 25% matching contribution. Priority will be given to improvements visible from the public right-of-way. As an added benefit to tenants, the grant will additionally cover the purchase and installation of code compliant smoke/carbon monoxide detectors and water heater straps at no additional cost.
June-2025 2 Program Guidelines
Upland-Multi-Family Rehabilitation Program
All exterior paint colors must be selected from the City's pre-approved color palette and approved by the Director or their designee prior to application. Materials and paint colors used in the Program must adhere to specifications provided by Program staff. If the applicant does not agree to the specified materials, the corresponding construction work will be excluded. Additionally, any work requiring off-premises relocation of occupants is ineligible unless the applicant waives all claims for relocation assistance.
VI. IMPLEMENTATION
A. Administration
The Development Services Department oversees the administration of the Program.
This includes, but is not limited to, managing application evaluations, conducting rehabilitation assessments, preparing cost estimates, soliciting bids, selecting contractors, overseeing construction, performing inspections, disbursing Program funds, and processing certifications of completion. All administrative tasks will be carried out in compliance with the Program Guidelines and Policies.
B. Application
To apply for the Program, applicants must obtain and submit their applications to the Development Services Department Housing Division at 460 N. Euclid Avenue.
Applications will be processed on a first-come, first-served basis for eligible applicants, contingent on the availability of funding. Each application must be fully completed and accompanied by the following required documentation:
1. Program Application
o Upland's Multi-Family Unit Rehabilitation Program
2. Proof of Property Ownership
o Grant deed or deed of trust.
3. Tenant Income Documentation
o Three consecutive earning statements (paystubs).
o Three months of bank statements.
o Federal income tax return for the previous year.
4. Most Recent Property Tax Statement
5. Proof of Current Property Hazard Insurance
6. Tenant Income Eligibility Certification
Only applications submitted with all required documentation will be considered.
Applicants who complete and submit their application and documents promptly will receive priority, and approval is subject to the availability of program funds. Program June-2025 3 Program Guidelines
Upland- Multi-Family Rehabilitation Program
eligibility will be determined by Staff and approved by the Development Services Director.
C. Pre-qualification, Evaluation, and Work Write-Up, Bidding, Contractor Selection, Notice to Proceed, Construction Phase,
1. Pre-qualification and Property Evaluation — Applications will be dated and processed in the order they are received. Staff will review each application to ensure completeness and verify property eligibility. Incomplete applications will be held until all required information is provided. Applicants will be notified of their eligibility status by letter. For pre-qualified applicants, staff will schedule an on-site appointment at the subject property to review the requested work and assess the property's renovation needs. Based on this evaluation, staff will prepare a detailed rehabilitation report outlining the type and scope of exterior improvements required.
2. Work Write-Up - Staff will schedule an on-site appointment with each approved applicant to prepare a detailed scope of work, which will later be included in the formal bid document. The applicant must pre-approve the identified work by signing the work description form. No changes to the scope of work will be made until the bidding process concludes. If changes to the scope of work become necessary, staff will be authorized to make adjustments due to unforeseen physical conditions revealed during the bidding process, the identification of code violations, or the need to reduce the scope to comply with the Program's funding cap. When required, staff will determine which work items should be modified or removed to ensure the project aligns with the maximum funding limit.
3. Bidding and Contractor Selection Procedures - Staff will create a detailed bid document outlining all work to be completed under the Program and provide three (3) bid packets to the applicant for use in obtaining competitive bids from a list of qualified Program contractors. For projects involving more than two (2) construction trades, applicants must seek bids from general B-licensed contractors; otherwise, C-licensed specialty contractors may be engaged. Staff will select the lowest, most responsible bidder to perform the rehabilitation work.
If the property owner is dissatisfied with the lowest bidder for any reason, they may reject all bids and initiate a rebidding process.
4. Notice to Proceed and Construction Phase - Staff will issue the selected contractor(s) a Notice to Proceed once all Program documents have been finalized. Upon obtaining the necessary permits, the contractor will begin the approved work. Typically, work must commence within twenty-one (21) days of the execution of the Construction Agreement by the property owners and must be completed within ninety (90) days from the start date. The City will disburse Program grant funds as outlined in the Program Agreement. Each improvement project will be deemed financially complete following staff approval of the completed work and the property owner's execution of a Notice of Completion. If no mechanic's or material supplier's liens are recorded against the assisted June-2025 4 Program Guidelines
Upland-Multi-Family Rehabilitation Program
property(ies), the 10% retention will be released to the contractor after the required 30 to 60-day lien period, in compliance with California contractor law.
D. Approval of Program Legal Documents
All Program legal documents must receive approval as to form from legal counsel before they are utilized.
E. Authority to Administer
The Development Services Director or their designee will oversee the administration of all required Program procedure manuals, forms, documents, and agreements in alignment with Program policies. The Development Services Director retains the authority to amend or modify the Program guidelines as necessary with exception to federal requirements.
June-2025 5 Program Guidelines
����°� °p`q� CITY
�r. .__. ..` "The City of Gracious Living" ''' 5 oid.
DATE: June 23,2025
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:ROBERT D.DALQUEST,DEVELOPMENT SERVICES DIRECTOR
MELECIO PICAZO,ECONOMIC DEVELOPMENT COORDINATOR
SUBJECT: CONSIDER ADOPTING A RESOLUTION OF PUBLIC INTEREST AND CONVENIENCE TO SELL PROPERTY ON GROVE AVENUE WITH APN 0207-462-02 AND SET A PUBLIC
HEARING DATE
RECOMMENDED ACTION:
It is recommended that the City Council adopt a resolution finding that the public interest and convenience require the sale of certain real property located on Grove Avenue, north of Foothill Boulevard, declaring its intent to sell such property, setting a public hearing date for consideration of protests, and finding that the same does not constitute a "project"and is not subject to review under the California Environmental Quality Act.
GOAL STATEMENT
The proposed action supports the City's goal to comply with the State's Surplus Land Act,Government Code Sections 54220 et seq. for the purpose of disposing of City-owned surplus land.
BACKGROUND
The City of Upland owns fee simple interest in certain real property located on the east side of Grove Avenue approximately 490 feet north of Foothill Boulevard ("Property"). The property is triangular in shape and approximately 1,400 square feet in area(Assessor Parcel Number 0207-462-02).
On December 11, 2023, the City Council approved Resolution No. 6755 declaring the Property as exempt surplus land pursuant to the Surplus Land Act and not necessary for the City's use. This finding allows the City to proceed with disposition of the parcel to the owner adjacent to the east of the subject property at 8148 Red Hill Country Club Drive,Rancho Cucamonga,California.
On January 11, 2024, the City received notice from the California Department of Housing and Community Development(HCD)that the Property qualifies as exempt surplus land and that the City is permitted to proceed with the sale of the Property.
On January 24,2025,Fore Green Development,LLC,submitted a letter of intent to the City to purchase the triangular property. The developer has approval to construct a mixed-use development with 308 apartment units within 4 buildings and 14,704 square feet of commercial/retail uses on the 9.15-acre site(Old Strawberry Field)adjacent to the subject property.The developer is planning to construct a second driveway approach on the east side of Grove Avenue to connect with a drive aisle that provides rear access along the development.
ISSUES AND ANALYSIS
The sale,or transfer,of City owned land is governed by State law,which provides that the legislative body must make a finding that the public interest and convenience require the sale of public land and adopt a resolution giving notice of its intention to sell said property(Government Code Section 37421). The proposed resolution would satisfy this requirement and set the date of the City Council public hearing to consider a Purchase and Sale Agreement(PSA),as well as to consider any protests about the property sale. Approval of the resolution of public interest and convenience will establish a public hearing date of July 28, 2025 by the City Council, with a recommendation to complete this transaction via approval of a PSA.
Staff is recommending that the City Council adopt the resolution declaring the City's intent to sell the above-described property to Fore Green Development, LLC, and setting a July 28, 2025 public hearing for consideration of the PSA
and hear any protests on the sale. The City Attorney has reviewed the resolution and recommends approval as to form and content.
ENVIRONMENTAL DETERMINATION
Adoption of this resolution is not considered a Project under the California Environmental Quality Act (CEQA) pursuant to Section 15378(b)(5)of the CEQA Guidelines. This section states that organizational and administrative activities of an agency which will not have the potential to result in either a direct or reasonably foreseeable indirect physical change in the environment is not a project for purposes of the California Environmental Quality.
FISCAL IMPACTS
There is no fiscal impact associated with the adoption of the resolution. State law requires a resolution of public interest and convenience to sell City-owned property. The financial impact of the land sale will be analyzed through the purchase and sale agreement and considered by the City Council on July 28,2025.
The proceeds in the disposition of the property will be deposited in the General Fund.
ALTERNATIVES
Provide alternative direction to staff.
CEQA:Not a Project.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UPLAND, CALIFORNIA, FINDING THAT THE PUBLIC
INTEREST AND CONVENIENCE REQUIRE THE SALE OF
CERTAIN REAL PROPERTY, DECLARING ITS INTENT TO
SELL SUCH PROPERTY, SETTING A HEARING DATE FOR
CONSIDERATION OF PROTESTS, AND FINDING THAT THE
SAME IS NOT A PROJECT UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
WHEREAS, the City of Upland ("City") currently owns in fee that certain real property, triangular in shape, measuring approximately 1,400 square feet in area, with Assessor Parcel Number: 0207-462-02 and located on the east side of Grove Avenue approximately 490 feet north of Foothill Boulevard in Upland, California, more specifically described within Attachment A ("Site"); and WHEREAS, on December 11, 2023, the City adopted Resolution No. 6755 declaring the Site as exempt surplus land pursuant to Government Code section 542219 (f)(1)(B) and not necessary for the City's use; and WHEREAS, the City desires to sell the Site by entering into a Purchase and Sale Agreement ("PSA") with Fore Green Development, LLC, a Nevada Limited Liability Corporation, ("Purchaser"); and
WHEREAS, California Government Code Section 54220, et seq. (the "Surplus Land Act") requires that prior to the disposal of any surplus land, unless an exemption applies, a local agency must provide notice to, among others, affordable housing developers and public agencies with jurisdiction over the site, and thereafter negotiate in good faith for ninety (90) days with any parties who submit a notice of interest; and
WHEREAS, California Government Code Sections 37420 through 37430 authorize the City to dispose of property; and
WHEREAS, California Government Code Section 37421 provides that when the legislative body of City finds that the public interest and convenience require the sale of public buildings and sites, it may adopt a resolution so finding and giving notice of its intention to sell such property; and
WHEREAS, California Government Code Section 37422 provides that such resolution shall fix a time for hearing protests to the property conveyance, provide for publication of notice of the hearing, fix the time when the City will take final action regarding the property conveyance; and contain an accurate description of the property to be conveyed; and
WHEREAS, On January 24, 2025, Fore Green Development, LLC, submitted a letter of intent to the City to purchase the Site who is proposing to develop a mixed- use development with 308 apartment units within 4 buildings and 14,704 square feet of commercial/retail uses on a 9.15-acre site. The Purchaser is seeking to buy the
Resolution No.
triangular-shaped Site to construct a drive approach and the beginning of a rear drive aisle off the east side of Grove Avenue; and
WHEREAS, in accordance with Government Code section 65402, the proposed disposition of the Site was presented to the City's Planning Commission ("Planning Commission") on February 26, 2025. At that meeting, the Planning Commission adopted Resolution No. 5023 finding that the disposition of the City-owned surplus property located on the east side of Grove Avenue approximately 490 feet north of Foothill Boulevard, from City to Purchaser, is in conformity with the City's General Plan; and
WHEREAS, the City wishes to declare its intent to dispose of and convey the Site pursuant to the terms of a negotiated Purchase and Sale Agreement, fix a time for the hearing of any protests to the disposition, provide for publication of the notice of said hearing, and fix the time for final action on the disposition of the Site and approval of the Purchase and Sale Agreement; and
WHEREAS, this Resolution of Public Interest and Convenience evidences City initiation of the sale process to Fore Green Development, LLC, of the Site in compliance with the Surplus Land Act and other applicable law, and all that remains outstanding is necessary approvals associated with that disposition process, including the planned protest hearing; and
WHEREAS, the City Council's consideration of this Resolution does not qualify as a "project" under CEQA and does not require environmental review pursuant to CEQA for the reasons described herein.
NOW THEREFORE, the City Council of the City of Upland does hereby resolve, find, determine, and order as follows:
Section 1. Recitals. The recitals set forth above are true and correct and are hereby incorporated into this Resolution by this reference.
Section 2. CEQA Findings. The City Council hereby finds and determines that there are no anticipated environmental impacts from the approval of this Resolution.
Adoption of this Resolution is an organizational and administrative activity of the City and does not have the potential to result in either a direct or reasonably foreseeable indirect physical change in the environment and is therefore not a project for purposes of CEQA (State CEQA Guidelines Section 15378(b)(5)). In the event adoption of this Resolution does constitute a project, it is Statutorily exempt under Section 15061(b)(3) of the CEQA Guidelines. Further, none of the exceptions to the exemptions found in State CEQA Guidelines Section 15300.2 apply.
Section 3. Public Convenience and Necessity Findings. The City Council of the City hereby finds and determines that public convenience and necessity require the sale of the Site. The factors demonstrating that the public convenience and necessity authorize the sale of the Site include but are not limited to the following:
the Site is not suitable for the City's use, and/or is no longer needed by the City, and/or is in excess of its foreseeable needs. Developing the Site for a higher use with quality mixed-use development will revitalize an underutilized property and create
Resolution No.
jobs in the area. Further, it will alleviate conditions of economic and physical blight in the City, and potentially create an increase in property taxes by virtue of rising values, all of which benefit the health, safety, and welfare of the City.
Section 4. Declaration of Intent to Sell; Fixing of Hearing. The City Council of the City hereby declares its intent to sell the Site pursuant to the terms of a negotiated Purchase and Sale Agreement (PSA) and fixes Monday, July 28, 2025, at 6:00 P.M. or as soon thereafter that the matter can be heard at the City of Upland, City Hall Council Chambers, located at 460 N. Euclid Avenue, Upland, California 91786 as the date, time and location for hearing any protests to the proposed sale of the Site, approval of the PSA, and as the final action date.
Section 5. Publication and Posting. In compliance with California Government Code Section 37423, the City Council of the City of Upland hereby directs City staff to publish this Resolution at least once in a daily newspaper prior to Monday, July 28, 2025, and to post this Resolution for not less than ten (10) days in at least three (3) conspicuous places upon the Site prior to the aforementioned date.
Section 6. Notice of Exemption. The City Council hereby directs staff to prepare, execute and file with the San Bernardino County Clerk a Notice of Exemption within five working days of the approval of this Resolution.
Section 7. Custodian of Documents. The custodian of documents constituting the record of proceedings for this matter is the City Clerk's Office. The documents constituting the record of proceedings for this matter are located at City Hall at 460 N. Euclid Avenue, Upland, California 91786.
Section 8. Certification. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.
Section 9. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.
Section 10. Effective Date. This Resolution shall become effective immediately upon its adoption.
PASSED, APPROVED and ADOPTED this 23rd day of June, 2025.
Bill Velto, Mayor
Resolution No.
I, Keri Johnson, City Clerk of the City of Upland, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 23rd day of June, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
Keri Johnson, City Clerk
Resolution No.
ATTACHMENT "A"
DESCRIPTION OF PROPERTY
City-owned triangular parcel totaling 1,400 square feet located on the east side of Grove Avenue approximately 490 feet north of Foothill Boulevard in Upland, California with Assessor Parcel Number 0207-462-02.
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STATE OF CALIFORNIA-BUSINESS,CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM., Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT 10
2020 W. El Camino Avenue,Suite 500
Sacramento,CA 95833 ,y�
(916)263-2911 /FAX(916)263-7453 °etmox
www.hcd.ca.gov
January 11, 2023
Anne Branham, Attorney
City Attorney's Office
City of Upland
500 Capitol Mall, Suite 1700
Sacramento, CA 95814
Dear Anne Branham:
RE: HCD's Review of the City of Upland's Resolution No. 6755 Declaring Property Located at APN 0207-462-02 as "Exempt Surplus Land" Thank you for notifying the California Department of Housing and Community Development (HCD) of the City of Upland's (City) determination of property located at APN 0207-462-02 (Property), as "exempt surplus land." HCD reviewed Resolution No. 6755 (Resolution) pursuant to Section 400 of the Surplus Land Act Guidelines. As explained below, HCD finds that the Property qualifies as "exempt surplus land" under Government Code section 54221, subdivision (f)(1)(B).
Analysis
According to the Resolution, the Property is a vacant dirt lot measuring approximately 1,669 square feet and is not needed for use by the City. The City intends to transfer the Property to the adjacent property owner.
Conclusion
Based on the documentation provided, HCD finds that the Property qualifies as "exempt surplus land" under Government Code section 54221, subdivision (f)(1)(B). The City is permitted to proceed with the sale of the Property to the adjacent property owner as described in the Resolution.
If you have any questions or need additional technical assistance, please contact Sandra Mukasa, Housing Policy Specialist, at Sandra.Mukasa ajhcd.ca.gov.
Sincerely,
joa\c,:\n bw`-'
Laura Nunn
Senior Manager, Housing Accountability Unit
Housing Policy Development
SLA0000329
°F °p`q� CITFUPLAND
.�, �` "The City of Gracious Living"
c�lrFOR�i� � 'C ! o - -
DATE: June 23,2025
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:DAMIEN ARRULA,ASSISTANT CITY MANAGER
TANYA GARCIA,MANAGEMENT ANALYST
SUBJECT: CONSIDER ACCEPTANCE OF CALRECYCLE USED OIL PAYMENT PROGRAM(OPP CYCLE 15)GRANT
RECOMMENDED ACTION:
It is recommended that the City Council accept the CalRecycle Used Oil Payment Cycle 15 Grant Award of$11,242 and appropriate the funding to the Fiscal Year 2025-26 Solid Waste Fund.
GOAL STATEMENT
The proposed action supports the City's environmental goals and pursuing grant funding to supplement the City's local funding resources and exercising prudent financial management of the City's Solid Waste program funds.
BACKGROUND
In June 2024,the city applied to receive Used Oil Payment Program Cycle 15 Grant funding(OPP 15)to support the City's efforts to properly dispose of and recycle used oil within the city.Used Oil is collected at the city's Household Hazardous(HHW)Collection Center located at the Public Works City Yard at 1370 N.Benson Avenue. Additionally, used oil is collected at auto parts stores and auto repair stores, and reported as part of the city's solid waste used oil collection program.
ISSUES AND ANALYSIS
The City of Upland has been awarded funding through the OPP 15. This State-funded grant supports the continued proper management of used oil waste and promotes environmental protection throughout San Bernardino County.
OPP 15 funds will help offset costs associated with the city's Household Hazardous Waste(HHW)annual collection service contract with the County of San Bernardino,as well as support the purchase of used oil collection containers, public outreach efforts,and other activities related to the safe collection,disposal,and recycling of used oil.
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
The total grant funds are $11,242. Revenue will be deposited into the Sewer Utility Used Oil Block Grant Account No. 6410000-4352-40106 and revenue appropriated in the Sewer Utility OPP Grant Account No. 6416311-5258- 40106.
ALTERNATIVES
Provide alternative direction to staff.
CEQA:Not a Project.
Request for Approval
To: Michelle Martin
Deputy Director, Division of the Circular Economy
From: Marissa Cota
Branch Chief, Financial Resources Management Branch 1
Request Date: January 6, 2025
Decision Subject: Awards for the Used Oil Payment Program (Used Oil Recycling Account, Fiscal Year 2024-25)
Action By: January 17, 2025
Summary of Request
Staff requests approval of 181 payments in the amount of $6,000,000 for the Used Oil Payment Program (Program) Cycle 15 for fiscal year (FY) 2024-25.
Funding
The FY 2024-25 Budget Act allocates $6,000,000 to the Used Oil Recycling Account for the Program.
Table 1. Funding
Fund Source Amount Amount to Fund Amount Line Item Available Item 1 Remaining
Used Oil Recycling $6,000,000 $6,000,000 $0 Local Account (FY 2024-25) Assistance/
Grants
Background and Findings
Statutory Authority
Public Resources Code (PRC) sections 48600 et seq. describes the California Oil Recycling Enhancement Act, which authorizes CalRecycle to develop and administer an oil collection and recycling program for local jurisdictions. Senate Bill 546 (Lowenthal, Chapter 353, Statutes of 2009) established the Used Oil Payment Program to replace the Used Oil Block Grant Program beginning with FY 2010-11.
PRC section 48653(a)(3) describes the payment calculation methodology and process for determining the total amount of funding to be made available. If sufficient funds are not available to initially issue full funding, one-half of the amount that remains in the fund after the expenditures are made pursuant to paragraphs (1) and (2) and subdivision (b) will be made available for the implementation of local used oil collection programs. Payment amounts are determined by multiplying the total annual funding amount by the fraction equal to the population of cities and counties that are eligible for payments pursuant to section 48690, divided by the
population of the state using the most recent population estimates provided by the Department of Finance.
Program Background
The Program provides, among other things, funding to assist local governments in developing and maintaining an on-going used oil and used oil filter collection/recycling program for their communities. CalRecycle developed Guidelines, which further describe eligibility, payment process, and other aspects of program administration.
Criteria and Process
The Notice of Funds Available was placed on the CalRecycle web site on May 29, 2024, with appropriate notice sent to stakeholders.
Applications were due June 26, 2024, with a secondary due date of July 24, 2024 for authorizing documentation submission. CalRecycle received 181 applications, and staff is recommending 181 applications for funding. A total of 474 jurisdictions, including individual applicants and participants in regional applications, will receive funding.
Tables 2 and 3 identify the recommended applicants for OPP15 Cycle payments. Payments are calculated per capita using the Department of Finance's population statistics. Each city is eligible to receive a minimum of $5,000 or an amount calculated by CalRecycle, on a per capita basis, whichever is greater. Each county is eligible to receive a minimum of $10,000 or an amount calculated by CalRecycle, on a per capita basis, whichever is greater.
The FY 2024-25 allocated funds will be distributed by the State Controller's Office to recipients in winter 2025 or spring 2025. All funds shall be available for expenditure until June 30, 2026.
Recommendation
Staff recommends approval of 181 payment awards as listed below for $6,000,000.
Table 2. Recommended Awards (Winter 2025)
Applicant Award Amount
City of Napa $11,090
City of Pittsburg $10,805
Total Award $21,895
Table 3. Recommended Awards (Spring 2025)
Applicant Award Amount
Alameda County $21,049
Amador County $35,000
Applicant Award Amount
Participants:
• City of Amador City
• City of lone
• City of Jackson
• City of Plymouth
• City of Sutter Creek
Butte County $15,000
Participant:
• City of Gridley
Calaveras County $10,000
City and County of San Francisco $116,300
City of Agoura Hills $5,000
City of Alameda $11,213
City of Anaheim $47,029
City of Antioch $16,346
City of Arcadia $8,167
City of Artesia $5,000
City of Avalon $5,000
City of Azusa $7,298
City of Bakersfield $56,725
City of Baldwin Park $10,200
City of Bell Gardens _ $5,789
City of Bellflower _ _ $11,065
City of Benicia $5,000
City of Berkeley _ _ $17,671
City of Calabasas $10,000
Participant:
• City of Hidden Hills
City of Camarillo $9,975
City of Carpinteria $5,000
City of Cerritos $7,077
City of Chino $13,196
City of Chino Hills $10,987
City of Chula Vista $94,357
Participants:
• City of Coronado
• City of El Cajon
• City of Imperial Beach
• City of La Mesa
• City of Lemon Grove
• City of National City
• City of Santee
Cit of Citrus Hei hts $12,236
Cit of Claremont $5,694
Cit of Covina $7,443
Applicant Award Amount
City of Culver City $16,376
Participants:
• City of Beverly Hills
• City of West Hollywood
City of Davis $9,434
City of Diamond Bar $7,833
City of Downey $15,780
City of Duarte $5,000
City of Dublin $10,509
City of El Monte $15,137
City of Elk Grove $24,962
City of Escondido $21,043
City of Fairfield $16,989
City of Folsom $12,573
City of Fontana $29,819
City of Fremont $31,873
City of Fresno $75,292
City of Galt $5,000
City of Garden Grove $23,916
City of Gardena $8,747
City of Glendale $26,726
City of Glendora $7,542
City of Hawaiian Gardens $5,000
City of Hawthorne $12,237
City of Hayward $22,378
City of Huntington Beach $26,851
City of Huntington Park $7,817
City of Indio $12,936
City of Irwindale $5,000
City of La Mirada $7,114
City of La Verne $5,000
City of Laguna Beach $5,000
City of Lakewood $11,499
City of Lancaster $24,135
City of Livermore $12,136
City of Lompoc $6,504
City of Long Beach $63,244
City of Los Angeles $521,801
City of Lynwood _ $9,600
City of Manhattan Beach $5,217
City of Martinez $5,524
City of Modesto $30,316
City of Monrovia $15,749
Participants:
• City of Bradbury
Applicant Award Amount
• City of Sierra Madre
City of Montclair $5,629
City of Montebello $9,007
City of Monterey Park $8,654
City of Moorpark $5,343
City of Moreno Valley $28,852
City of Norwalk $14,370
City of Novato $7,533
City of Oakland $73,636
Participants:
• City of Albany
• City of Emeryville
• City of Piedmont
City of Oakley $6,794
City of Ontario $25,310
City of Oroville _ _ $5,000
City of Oxnard $27,539
City of Palmdale $23,237
City of Paramount $7,671
City of Pasadena $19,634
City of Pico Rivera $8,856
City of Pleasant Hill $5,102
City of Pleasanton $10,925
City of Pomona $21,339
City of Poway $7,278
City of Rancho Cordova $11,765
City of Rancho Cucamonga $24,229
City of Rancho Palos Verdes $6,136
City of Redding $13,177
City of Redondo Beach $9,869
City of Rialto $14,633
City of Rosemead $7,451
City of Sacramento $71,662
City of San Buenaventura (Ventura) $15,244
City of San Diego $189,866
City of San Dimas $5,179
City of San Leandro $12,447
City of San Marcos $13,663
City of Santa Ana _ _ $43,017
City of Santa Barbara _ _ $12,253
City of Santa Clarita _ $32,034
City of Santa Maria $15,659
City of Santa Monica $13,241
City of Santa Paula $5,000
City of Seal Beach $5,000
Applicant Award Amount
City of Simi Valley $17,494
City of South El Monte $5,000
City of South Gate $13,216
City of Suisun City $5,000
City of Thousand Oaks $17,304
City of Torrance $20,074
City of Union City $9,622
City of Upland $11,242
City of Vacaville $14,507
City of Vallejo $17,156
City of Victorville $19,430
City of Vista $14,172
City of Watsonville $7,518
City of West Covina $15,454
City of West Sacramento $7,962
City of Westlake Village $5,000
City of Whittier $12,505
City of Woodland $8,835
City of Yucaipa L $7,898
Coachella Valley Association of Governments I $53,765 Participants:
• City of Blythe
• City of Cathedral City
• City of Coachella
• City of Desert Hot Springs
• City of Indian Wells
• City of La Quinta
• City of Palm Desert
• City of Palm Springs
• City of Rancho Mirage
Contra Costa Clean Water Program $48,216
Participants:
• City of Clayton
• City of Lafayette
• City of Orinda
• City of San Ramon
• City of Walnut Creek
• Town of Danville
• Town of Moraga
Contra Costa County $24,906
Del Norte Solid Waste Management Authority $15,000 Participants:
• City of Crescent City
• Del Norte County
El Dorado County I $32,578
Applicant Award Amount
Participants:
• City of Placerville
• City of South Lake Tahoe
Fresno County $105,513
Participants:
• City of Clovis
• City of Coalinga
• City of Firebaugh
• City of Fowler
• City of Huron
• City of Kerman
• City of Kingsburg
• City of Mendota
• City of Orange Cove
• City of Parlier
• City of Reedley
• City of San Joaquin
• City of Sanger
• City of Selma
Glenn County $10,000
Humboldt Waste Management Authority $35,690
Participants:
• City of Blue Lake
• City of Eureka
• City of Ferndale
• City of Rio Dell
• City of Trinidad
• Humboldt County
Imperial Valley Resource Management Agency $47,596 Participants:
• City of Brawley
• City of Calexico
• City of Calipatria
• City of El Centro
• City of Holtville
• City of Imperial
• City of Westmorland
• Imperial County
Inyo County $15,000
Participant:
• City of Bishop
Kern County $95,316
Participants:
• City of Arvin
• City of California City
Applicant Award Amount
• City of Delano
• City of Maricopa
• City of McFarland
• City of Ridgecrest
• City of Shafter
• City of Taft
• City of Tehachapi
• City of Wasco
Lake County $20,000
Participants:
• City of Clearlake
• City of Lakeport
Los Angeles County $254,285
Participants:
• City of Alhambra
• City of Bell
• City of Carson
• City of Commerce
• City of Cudahy
• City of Hermosa Beach
• City of Industry
• City of La Canada Flintridge
• City of La Puente
• City of Lawndale
• City of Lomita
• City of Maywood
• City of Rolling Hills Estates
• City of San Fernando
• City of San Gabriel
• City of Santa Fe Springs
• City of South Pasadena
• City of Temple City
• City of Vernon
• City of Walnut
Madera County $11,179
Marin County Hazardous and Solid Waste Management $63,818 Participants:
• City of Belvedere
• City of Larkspur
• City of Mill Valley
• City of San Rafael
• City of Sausalito
• Marin County
• Town of Corte Madera
Applicant Award Amount
• Town of Fairfax
• Town of Ross
• Town of San Anselmo
• Town of Tiburon
Merced County Regional Waste Management Authority $53,614 Participants:
• City of Atwater
• City of Dos Palos
• City of Gustine
• City of Livingston
• City of Los Banos
• City of Merced
• Merced County _
Modoc County $15,000
Participant:
• City of Alturas
Monterey County $93,171
Participants:
• City of Carmel-by-the-Sea
• City of Del Rey Oaks
• City of Gonzales
• City of Greenfield
• City of King City
• City of Marina
• City of Monterey
• City of Pacific Grove
• City of Salinas
• City of Sand City
• City of Seaside
• City of Soledad
Napa County $30,000
Participants:
• City of American Canyon
• City of Calistoga
• City of St. Helena
• Town of Yountville
Nevada County $10,197
Orange County $300,515
Participants:
• City of Aliso Viejo
• City of Brea
• City of Buena Park
• City of Costa Mesa
• City of Cypress
• City of Dana Point
Applicant Award Amount
• City of Fountain Valley
• City of Fullerton
• City of Irvine
• City of La Habra
• City of La Palma
• City of Laguna Hills
• City of Laguna Niguel
• City of Lake Forest
• City of Los Alamitos
• City of Mission Viejo
• City of Newport Beach
• City of Orange
• City of Rancho Santa Margarita
• City of San Clemente
• City of San Juan Capistrano
• City of Stanton
• City of Tustin
• City of Villa Park
• City of Westminster
• City of Yorba Linda
Regional Waste Management Authority $45,399
Participants:
• City of Live Oak
• City of Marysville
• City of Wheatland
• City of Yuba City
• Sutter County
• Yuba County
Riverside County $56,238
Rural Counties ESJPA $40,000
Participants:
• Alpine County
• City of Colusa
• City of Williams
• Colusa County
• Mariposa County
Sacramento County $82,756
San Benito County $21,403
Participants:
• City of Hollister
• City of San Juan Bautista
San Bernardino County $117,598
Participants:
• City of Adelanto
Applicant Award Amount
• City of Big Bear Lake
• City of Colton
• City of Grand Terrace
• City of Hesperia
• City of Highland
• City of Loma Linda
• City of Needles
• City of Redlands
• City of Twentynine Palms
• Town of Yucca Valley
San Diego County $70,925
San Joaquin County $118,818
Participants:
• City of Escalon
• City of Lathrop
• City of Lodi
• City of Manteca
• City of Ripon
• City of Stockton
• City of Tracy
San Luis Obispo County Integrated Waste Management $54,693 Participants:
• City of Arroyo Grande
• City of Atascadero
• City of El Paso De Robles (Paso Robles)
• City of Grover Beach
• City of Morro Bay
• City of Pismo Beach
• City of San Luis Obispo
• San Luis Obispo County
San Mateo County $142,166
Participants:
• City of Belmont
• City of Brisbane
• City of Burlingame
• City of Daly City
• City of East Palo Alto
• City of Foster City
• City of Half Moon Bay
• City of Menlo Park
• City of Millbrae
• City of Pacifica
• City of Redwood City
• City of San Bruno
Applicant Award Amount
• City of San Carlos
• City of San Mateo
• City of South San Francisco
• Town of Atherton
• Town of Colma
• Town of Hillsborough
• Town of Portola Valley
• Town of Woodside
Santa Barbara County $35,105
Participants:
• City of Buellton
• City of Goleta
• City of Solvang
Santa Clara County $277,028
Participants:
• City of Campbell
• City of Cupertino
• City of Gilroy
• City of Los Altos
• City of Milpitas
• City of Monte Sereno
• City of Morgan Hill
• City of Mountain View
• City of Palo Alto
• City of San Jose
• City of Santa Clara
• City of Saratoga
• City of Sunnyvale
• Town of Los Altos Hills
• Town of Los Gatos
Santa Cruz County $37,628
Participants:
• City of Capitola
• City of Santa Cruz
• City of Scotts Valley
Shasta County $20,063
Participants:
• City of Anderson
• City of Shasta Lake
Sierra County $15,000
Participant:
• City of Loyalton
Solano County $20,000
Participants:
• City of Dixon
Applicant Award Amount
• City of Rio Vista
Sonoma County Waste Management Agency $88,467
Participants:
• City of Cloverdale
• City of Cotati
• City of Healdsburg
• City of Petaluma
• City of Rohnert Park
• City of Santa Rosa
• City of Sebastopol
• City of Sonoma
• Sonoma County
• Town of Windsor
Stanislaus County $63,489
Participants:
• City of Ceres
• City of Hughson
• City of Newman
• City of Oakdale
• City of Patterson
• City of Riverbank
• City of Turlock
• City of Waterford
Tehama County Solid Waste Management Agency $25,000 Participants:
• City of Corning
• City of Red Bluff
• City of Tehama
• Tehama County
Town of A le Valley _ $10,701
Town of Paradise $5,000
Town of Truckee $5,000
Trinity County _ $10,000
Tulare County $84,095
Participants:
• City of Dinuba
• City of Exeter
• City of Farmersville
• City of Lindsay
• City of Porterville
• City of Tulare
• City of Visalia
• City of Woodlake
Tuolumne County $15,000 1
Participant:
Applicant Award Amount
• City of Sonora
Ventura County $13,537
West Contra Costa Integrated Waste Management Auth $35,950 Participants:
• City of El Cerrito
• City of Hercules
• City of Pinole
• City of Richmond
• City of San Pablo
Western Placer Waste Management Authority $71,158 Participants:
• City of Auburn
• City of Colfax
• City of Lincoln
• City of Rocklin
• City of Roseville
• Placer County
• Town of Loomis
Western Riverside Council of Governments $213,480 Participants:
• City of Banning
• City of Beaumont
• City of Calimesa
• City of Canyon Lake
• City of Corona
• City of Eastvale
• City of Hemet
• City of Jurupa Valley
• City of Lake Elsinore
• City of Menifee
• City of Murrieta
• City of Norco
• City of Perris
• City of Riverside
• City of San Jacinto
• City of Temecula
• City of Wildomar
Yolo County $10,000
Total Award $5,978,105
Deputy Director Action
On the basis of the information and analysis in this Request for Approval and the findings set out herein, I hereby conditionally approve the payment awards for the Local Government Used Oil Payment Program as listed in Table 2 and 3. Each proposed recipient's award is subject to two conditions:
1. The recommended payment recipient must pay all outstanding debts due to CalRecycle, or bring current any outstanding payments owed to CalRecycle, within 60 days of the date of the award email.
2. Comply with the OPP Cycle 15 Guidelines.
Michelle MclhelleSMartinigned by
Martin Date:2025.01.13
19:21:40-08'00'
Michelle Martin Dated
Deputy Director
����°� °p`q� CITY
�r. .__. ..` "The City of Gracious Living" ''' 5 oid.
DATE: June 23,2025
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:DAMIEN ARRULA,ASSISTANT CITY MANAGER
BOB CRITCHFIELD,ENGINEERING MANAGER
SUBJECT: CONSIDER ADOPTING A RESOLUTION APPROVING THE FY 2025-26 THE SENATE BILL 1 ROAD MAINTENANCE AND REHABILITATION ACCOUNT FUNDING AND
PROJECT LIST
RECOMMENDED ACTION:
It is recommended that the City Council adopt a Resolution approving a list of projects for Fiscal Year 2025-26 funded by Senate Bill 1:Road Repair and Accountability Act of 2017.
GOAL STATEMENT
The proposed action supports the City's goal to maintain and improve the City's public roadway facilities.
BACKGROUND
On April 18,2017,the Governor signed Senate Bill 1 (SB1),also known as the Road Repair and Accountability Act of 2017; which created the Road Maintenance and Rehabilitation Program to address deferred maintenance on the State's multimodal transportation network; and created the Road Maintenance and Rehabilitation Account(RMRA) for the deposit of various funds for the program. To fund this program,SB 1 increased several taxes and fees(fuel tax, value-based transportation fee,price-based excise tax and zero emissions vehicle fee) and provided for inflationary adjustments so that the purchasing power of the revenues does not diminish. A percentage of RMRA funding will be apportioned by formula to eligible cities and counties for basic road maintenance, rehabilitation, and critical safety projects on the local streets and roads system.
ISSUES AND ANALYSIS
In order to receive an apportionment of RMRA funds in a fiscal year,the City must annually approve a list of projects (Exhibit 'A') to be constructed with RMRA funding and must submit the list to the California Transportation Commission. The list of projects must include a description and location of each proposed project, a proposed schedule,and the estimated useful life of the improvement.
The RMRA requires that local agencies maintain and report a local Maintenance of Effort(MOE)to ensure that new road funds do not supplant existing levels of City general revenue spending on streets and roads. The MOE requires the City to maintain a general fund spending threshold at no less than the average of 2009-10,2010-11,and 2011-12 fiscal years. Audits are performed to ensure the MOE requirements are met. Upland's MOE requirement for Fiscal Year 2025-26 is estimated to be$2,280,631.
ENVIRONMENTAL DETERMINATION
There is no environmental impact for approving the Fiscal Year 2025-26 RMRA project list. Road maintenance projects are typically exempt from CEQA as the resultant pavement rehabilitation work falls under CEQA Categorical Exemption pursuant to State CEQA Guidelines Section 15301 Class 1 (Existing Facilities)and Section 15302 Class 2(Replacement or Reconstruction).
FISCAL IMPACTS
There is no fiscal impact associated with this action.
ALTERNATIVES
Provide alternative direction to staff.
CEQA:Not a Project.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UPLAND, CALIFORNIA ADOPTING A LIST OF PROJECTS
FOR FISCAL YEAR 2025-2026 FUNDED BY SENATE BILL 1:
THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of Upland are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project's completion, and the estimated useful life of the improvement; and
WHEREAS, the City will receive and estimated $2,135,905 in RMRA funding in Fiscal Year 2025-26 from SB 1; and
WHEREAS, this is the ninth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City conducts a review process to ensure public input into our community's transportation priorities/the project list; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost- effective projects that also meet the communities priorities for transportation investment; and
WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate its streets this year and similar projects into the future; and WHEREAS, the State requires the City create an SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co- benefits statewide.
NOW, THEREFORE, the City Council of the City of Upland hereby finds, determines and resolves as follows:
Section 1. The above recitals are true and correct.
Resolution No.
Page
Section 2. The City of Upland is adopting the fiscal year 2025-26 list of projects planned to be funded in-part or solely with Road Maintenance and Rehabilitation Account revenues provided in Exhibit A.
Section 3. 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 4. Certification. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
Section 5. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.
Section 6. Effective Date. This Resolution shall become effective immediately.
PASSED, APPROVED and ADOPTED this 23rd day of June, 2025.
Bill Velto, Mayor
I, Keri Johnson, City Clerk of the City of Upland, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 23rd day of June, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
Keri Johnson, City Clerk
EXHIBIT'A'
City of Upland, California
SB 1 - Road Maintenance and Rehabilitation
FY 2025-2026 Project List
Project Title Project Description Project Location Proposed Proposed Estimated Estimated Start Completion Useful Project
Date Date Life Cost
14th Street Rehabilitation 0.70 miles of asphalt pavement 14th Street,from Campus Ave. 7/1/2021 6/30/2026 20 Years $2,081,000 Project 70005 rehabilitation, replacement of damaged to Grove Ave curbs,gutters,sidewalks, handicap
ramps,and re-striping.
Mulberry Avenue Reconstruction 0.17 miles of asphalt pavement Mulberry Avenue,from Foothill 7/1/2021 6/30/2026 20 Years $1,121,000 Project 70006 rehabilitation, replacement of damaged Blvd.to Pine Street curbs,gutters,sidewalks, handicap
ramps,and re-striping. Project also
includes water infrastructure under
separate funding.
Foothill Blvd. Rehabilitation Project 0.61 miles of asphalt pavement Foothill Blvd.,from Benson 7/1/2022 6/30/2026 20 Years $5,148,000 70015 rehabilitation, replacement of damaged Avenue to Mountain Avenue curbs,gutters,sidewalks, handicap
ramps,and re-striping. Project will also
include water infrastructure replacement
under separate funding.
Foothill Blvd. Rehabilitation Project 0.55 miles of asphalt pavement Foothill Blvd.,from Mountain 7/1/2022 6/30/2026 20 Years $4,904,000 70016 rehabilitation, replacement of damaged Avenue to San Antonio curbs,gutters,sidewalks, handicap Avenue
ramps,and re-striping. Project will also
include water infrastructure replacement
under separate funding.
Foothill Blvd. Rehabilitation Project 0.53 miles of asphalt pavement Foothill Blvd., Benson Avenue 7/1/2023 6/30/2027 20 Years $4,491,000 70018 rehabilitation, replacement and installation to Central Avenue of curbs,gutters,sidewalks, handicap
ramps,and re-striping.
Local Streets and Roads - Projected Revenues EXHIBIT 'B' Based on State Dept of Finance statewide r 2024-25 2025-26 Estimated May 2025 Hwy Users Tax Road Mntnc TOTAL Hwy Users Tax Road Nhtnc TOTAL Account Rehab Acct Account Rehab Acct
SAN BERNARDINO COUNTY
ADELANTO 1,054,507 957,529 2,012,037 1,056,435 991,794 2,048,229 APPLE VALLEY 2,176,012 1,985,056 4,161,068 2,180,008 2,056,091 4,236,099 BARSTOW 738,545 667,656 1,406,201 739,889 691,548 1,431,437 BIG BEAR LAKE 775,519 131,811 907,329 736,728 136,527 873,256 CHINO 2,651,067 2,420,886 5,071,953 2,655,941 2,507,517 5,163,458 CHINO HILLS 2,246,153 2,049,405 4,295,558 2,250,279 2,122,743 4,373,022 COLTON 1,544,429 1,405,623 2,950,052 1,547,259 1,455,922 3,003,182 FONTANA 6,120,374 5,601,442 11,721,816 6,131,651 5,801,888 11,933,539 GRAND TERRACE 381,904 343,215 725,119 382,595 355,497 738,092 HESPERIA 2,867,382 2,617,046 5,484,428 2,872,650 2,710,696 5,583,347 HIGHLAND 1,633,011 1,486,890 3,119,900 1,636,004 1,540,098 3,176,102 LOMA LINDA 722,328 652,778 1,375,106 723,642 676,137 1,399,779 MONTCLAIR 1,094,323 994,058 2,088,381 1,096,325 1,029,630 2,125,954 NEEDLES 146,139 128,751 274,890 146,398 133,359 279,757 ONTARIO 5,179,869 4,738,593 9,918,462 5,189,409 4,908,162 10,097,571 RANCHO CUCAMONGA 4,981,188 4,556,317 9,537,506 4,990,361 4,719,364 9,709,725 REDLANDS 2,094,271 1,910,064 4,004,335 2,098,116 1,978,415 4,076,532 RIALTO 2,979,277 2,719,702 5,698,979 2,984,752 2,817,026 5,801,778 SAN BERNARDINO 6,471,450 5,923,529 12,394,979 6,483,375 6,135,501 12,618,876 TWENTYNINE PALMS 816,723 739,379 1,556,102 818,212 765,837 1,584,049 UPLAND 2,260,004 2,062,113 4,322,118 2,264,156 2,135,905 4,400,061 VICTORVILLE 3,953,698 3,613,666 7,567,364 3,960,973 3,742,980 7,703,953 YUCAIPA 1,571,448 1,430,411 3,001,859 1,574,328 1,481,597 3,055,926 YUCCA VALLEY 630,182 569,157 1,199,339 631,328 589,524 1,220,852 County of San Bernardino 52,163,633 45,519,479 97,683,112 52,178,825 47,148,380 99,327,205 Total Cities&County:San Bernardino 107,253,436 95,224,556 202,477,992 107,329,641 98,632,139 205,961,780 May 2025 Califorv'iaCityFinavtce.covv� Page 14 of 21
4<�°v °p`qt CITFUP LAND
o "The City of Gracious Living"
- -
DATE: June 23,2025
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:DAMIEN ARRULA,ASSISTANT CITY MANAGER
JESSICA ESCOTO,RECREATION&COMMUNITY SERVICES MANAGER
SUBJECT: CONSIDER APPROVAL OF AN AGREEMENT FOR PROFESSIONAL CONSULTANT
SERVICES WITH GEOGRAPHICS
RECOMMENDED ACTION:
It is recommended that the City Council approve an agreement with Geographics for creative support, text, copy, graphic design and layout,artwork services,print production,and mailing of the City's newsletter,the Upland Today News Magazine and Recreation Guide;and authorize the City Manager to execute the Agreement.
GOAL STATEMENT
The proposed action supports the City's goal of increasing communication,awareness,marketing,and access of City- wide programs and services,and increase the health, safety,morals, and welfare of its residents,businesses,tenants, and property owners within the community.
BACKGROUND
Historically, the City has produced and mailed 36,750 copies of the Upland Today News Magazine and Recreation Guide on a quarterly basis (Spring, Summer, Fall, and Winter) to Upland households and businesses with the remaining copies available at city facilities.The newsletter serves as a vital communication tool for sharing programs, special events,public service announcements,and other information of interest to the community.
ISSUES AND ANALYSIS
In January 2025, the City sought proposals from experienced professional service consultants for creative support, text,copy,graphic design and layout,artwork services,print production,and mailing of the City's newsletter,Upland Today News Magazine and Recreation Guide.The objective is to provide a cost-effective,quality publication,which will enhance the City's image and inform the public of various programs,services and citywide projects.The selected consultant will work closely with staff in ensuring the completion and production of the quarterly newsletter.
After interdepat liiiental collaboration,staff recommends increasing the quality of paper for the newsletter's production for an enhanced product and decreasing the quantity for print. The Scope of Services included the following:
1. Develop an updated design for the Upland Today News Magazine and Recreation Guide.
2. Preparation of a mutually agreed upon deadline schedule.
3. Take and provide high resolution and high quality, professional digital photographs for inclusion in newsletter,which will become property of the city and available for their use.
4. Write original stories and articles,and edit submissions from various staff members and/or departments.This may include contacting and interviewing members of the community and city staff
5. Design,layout,and produce all artwork and graphic work,and format text for an 8.125"x 10.375"vertical, full color,printed two-sided,40-page newsletter on 45#all gloss.
6. Provide City staff with preliminary and final PDF full color proofs for review/editing and approval.
7. Deliver final proofs to printer and supervise printing of 30,750 copies.
8. Coordinate delivery to mail house.
9. Simplified presort and delivery to post office.
10. Prepare and provide City PDF files for web viewing,downloading,and printing.
Proposals were submitted by Geographies and We the Creative, and after a thorough review, staff selected Geographies as the preferred vendor moving forward. The proposals were evaluated based on the following items:
• The ability to design,print,and distribute the newsletter in a timely manner.
• The performance and qualifications of specific individuals to work on the publication. • The design and quality of the newsletter proposed. • The record of success of the consultant's work for other municipalities. • The reasonableness of fees requested to do the work. • The evaluation of samples of past publications and promotional pieces.
Geographies was selected based upon the scoring and the City's historically positive working relationship with the company. Over the years,Geographies has continuously delivered a high-quality,reader-friendly work product. The term of this contract is for three (3)years at a cost of$330,246 with two (2) one-year options to renew with a CPI increase based upon consultant performance.
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
The total cost of services for Fiscal Year 2025-26 is estimated at$112,070. There are available funds in the following accounts,as well as estimated costs for the following two(2)fiscal years:
Geographies 2026WD(
PSA Eff07.01-255 Fiscal Year 2025.26 Fiscal Year 2026•27 Fiscal Year 2027-28 upland Today Re-branding Upla rid Today n{a Upland Today n}a 1011201 5211 6.00% 6,545.28 - 6,545.28 6,545.28 1014201 5211 6.00% 6,545.28 6,545.28 6,545.28 6406208 5211 6.0 % 6,545.28 6,545.28 6,545.28 64161D1 5211 6.00% 6,S4S_28 6,545.28 6,545.28 6456402 5211 6.00% 6,S4S_28 6,545.28 6,545.28 1011201 5258 14.00% iS,2/2.32 596.40 15,272.32 155271.32 1014201 5258 14.00% 15,212.32 S96_40 15,272.12 1S,272.32 6406208 5258 14.0096 1S,272.32 596.40 15,272.32 15,271.32 6416301 5258 i4.00% 1.5,272.12 1.!v.; 15,272.12 15,272.12 6456402 5258 14.00% 15,272.32 S9t_40 15,272i2 15,272.32 100.00% $109,088_00 2,9E2.00 $ 109,08/.00 $10%088.00 Total Postage i5211) 32,726_40 32,726_40 32,726.40 Total Services i5258) 76,361.60 2,982.00 76,161.60 I 76,161.60 Grand Total: 5112,070.00 $10%089.00 $1.09,088.00
ALTERNATIVES
Provide alternative direction to staff.
CEQA:Not a Project.
CITY OF UPLAND
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE
This Agreement for Professional Consultant Services ("Agreement") is made effective as of July 1, 2025 between the City of Upland, a 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 Geographics, a California Corporation with its principal place of business at 4178 Chestnut St, Riverside, CA 92501, ("Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.
2. RECITALS
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain professional consultant services required by City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing professional consultant services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Contractor to render such services for the Upland Today News Magazine project as set forth in this Agreement ("Services").
3. TERMS
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Upland Today is the City of Upland's official quarterly publication, created to inform residents and businesses about City services, programs, and community developments. To enhance the publication's effectiveness and visual appeal, a rebranding initiative is proposed. This rebranding will include the development of updated design elements, a modernized layout, and refreshed branding to better reflect the City's identity as set forth in Exhibit "A" attached hereto and incorporated herein by this reference as though set forth in full. The initiative will involve a one-time additional cost during the first year to cover design and production updates.
3.1.2 Additional Scope of Services. Following the rebranding, Upland Today will continue to be published on a quarterly basis. Each edition will include current information on seasonal classes, City events, and other important updates. The magazine will be professionally designed, printed, and mailed to all Upland residents and local businesses. This ongoing effort will strengthen the City's communication strategy and reinforce its commitment to transparency, engagement, and community outreach.
3.1.3 Term. This Agreement shall commence on July 1, 2025, and shall remain and continue in effect for three (3) years through June 30, 2028 ("Original Term"). The City may, upon mutual agreement, extend the Agreement for up to two (2) one (1) year extensions. If the Agreement is 1
extended beyond the Original Term, the contract price shall be adjusted at the beginning of each extension period 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 for the preceding calendar year ending December 31 (CPI).
3.2 Compensation.
3.2.1 Compensation. City agrees to pay Consultant quarterly, in accordance with the hourly payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This is a time and materials compensation Agreement, including the one-time re-brand compensation during the first year of the Original Term. Any terms in Exhibit B other than the scope of work to be performed, payment rates and schedule of payment are null and void. Unless additional payment is approved in writing by City, the annual compensation due Contractor shall not exceed $109,088.00. Separately and in addition thereto, compensation for the one-time re-brand of Upland Today News Magazine during the first year of the Original Term shall not exceed $2,982.00.
3.2.2 Payment of Compensation. Contractor shall submit to City a quarterly 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 forty-five (45) days of receiving such statement, review the statement and pay all approved charges thereon.
3.2.3. Reimbursement of Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.2.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform
3.2.4 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 but in no event more than a total of fifty thousand dollars ($50,000.00). Any Extra Work in excess of this amount shall be subject to approval by the City Council. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. .
3.3 Responsibilities of Contractor.
3.3.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee of City. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any 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. Neither City, or any of its officials, officers, directors, employees or agents 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 pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services 2
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
(a) PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System ("PERS") to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits..
3.3.2 Schedule of Services/Time for Performance.
(a) Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "A" attached hereto and incorporated herein by reference. Contractor represents that it has the skilled 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. (b) Neither City nor Contractor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A "Force Majeure Event" shall mean an event that materially affects a Party's performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3)orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Contractor and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, "orders of governmental authorities," includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.
(c) Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made 3
to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Contractor to any additional compensation.
Notwithstanding the foregoing in this section, City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
3.3.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.
3.3.4 City's Representative. City hereby designates Jessica Escoto, 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 City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than City's Representative or his or her designee.
3.3.5 Contractor's Representative. Contractor hereby designates Nicole Beale, or her designee, to act as its representative for the performance of this Agreement ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Agreement. 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.
3.3.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, contractors and other staff at all reasonable times.
3.3.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by contractors in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the 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. 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 any required business license, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Contractor shall perform, at its own cost and expense and without reimbursement from City, any services necessary to correct errors or omissions which are caused by Contractor's failure to comply with the standard of care provided for herein, and shall be fully responsible to City for all damages and other liabilities provided for in the indemnification provisions of this Agreement arising from the Contractor's errors and omissions.. Any employee of Contractor or its subcontractors who is determined by 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 City, shall be promptly removed from the Project by Contractor and shall not be re-employed to perform any of the Services or to work on the Project.
3.3.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the 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 Contractor performs any work knowing it to be contrary 4
to such laws, rules and regulations and without giving written notice to City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.3.9 Insurance.
(a) Time for Compliance. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to 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 City that the subcontractor has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for City to terminate this Agreement for cause. (b) Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, Contractor, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so.
(1) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (2) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (3) Workers' Compensation: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (c) Insurance Endorsements. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by City to add the following provisions to the insurance policies:
(1) Commercial General Liability: (1) Additional Insured: City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.
Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Contractor; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial 5
General Liability insurance, Contractor shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon City except ten (10) days shall be allowed for non-payment of premium.
(2) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon City except ten (10) days shall be allowed for non-payment of premium.
(3) Workers' Compensation: (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon City except ten (10) days shall be allowed for non- payment of premium. (2)Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against City, its officials, officers, employees, agents, and volunteers.
(d) Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
(e) Waiver of Subrogation. All required insurance coverages shall contain or be endorsed to waiver of subrogation in favor of City, its officials, officers, employees, agents, and volunteers 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, and shall require similar written express waivers and insurance clauses from each of its subcontractors. (f) Deductibles and Self-Insured Retentions. Any deductible or self- insured retention must be approved in writing by City and shall protect City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention. (g) Evidence of Insurance. Contractor, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. 6
(h) Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
(i) Enforcement of Agreement Provisions (non estoppel). Contractor acknowledges and agrees that actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligation on City nor does it waive any rights hereunder.
Q) Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. (k) Additional Insurance Provisions
(1) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Contractor, and any approval of said insurance by City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(2) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.
(3) City may require Contractor to provide complete copies of all insurance policies in effect for the duration of the Project. (4) Neither City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(5) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve Contractor from liability in excess of such coverage, nor shall it limit Contractor's indemnification obligations to City and shall not preclude City from taking such other actions available to City under other provisions of the Agreement or law.
(6) Contractor shall report to City, in addition to Contractor's insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement.
(I) Insurance for Subcontractors. Contractor shall include all subcontractors engaged in any work for Contractor relating to this Agreement as additional insureds under the Contractor's policies, or the Contractor shall be responsible for causing 7
subcontractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subcontractor's policies. All policies of Commercial General Liability insurance provided by Contractor's subcontractors performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Contractor shall not allow any subcontractor to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subcontractor's compliance with all insurance requirements under this Agreement, to the extent applicable. The Contractor shall provide satisfactory evidence of compliance with this section upon request of the City.
3.3.10 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, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.4 Labor Code Requirements.
3.4.1 Prevailing Wage. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects ("Prevailing Wage Laws"). If the Services are being performed as part of an applicable "public works" or"maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor(Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
3.4.2 Registration. If the Services are being performed as part of an applicable "public works" or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, 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. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 8
shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
3.4.3 Compliance Monitoring. This Agreement 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. 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 City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.
3.4.4 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5 Termination of Agreement.
3.5.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been fully and adequately rendered to City through the effective date of the termination, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. The rights and remedies of City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.
3.5.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data, as defined below, and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
3.5.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.6 Indemnification.
3.6.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold 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 acts, errors or omissions, or willful misconduct of Contractor, 9
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 such loss or damage which is caused by the sole negligence or willful misconduct of City.
3.6.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City's choosing and at Contractor's own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and 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 City, its officials, employees, agents and volunteers.
3.7 General Provisions.
3.7.1 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred and fees charged 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. Option to renew for two (2) years.
3.7.2 Independent Contractors and Subcontracting.
(a) Use of Contractors. Contractor is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). To ensure that Contractor is in compliance with the California Labor Code, Contractor shall only utilize its employees to provide the Services. Contractor may not provide the services through any independent contractor, subcontractor or subconsultant("Subcontractor(s)") unless approved by City as set forth in Section 3.7.2 below. Contractor represents and warrants that all personnel who perform the Services on Contractor's behalf are Contractor's employees, and that Contractor complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.
(b) Prior Approval Required. Contractor shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Contractor to use a Subcontractor, Contractor shall enter into a written agreement with the Subcontractor, which must include all provisions of the Agreement, including a restriction on the Subcontractor's use of 10
further independent contractors, subcontractors or subconsultants without City's prior written consent.
3.7.3 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:
Geographics
4178 Chestnut Street
Riverside, CA 92501
Nicole Beale
City:
City of Upland
460 N. Euclid Avenue
Upland, CA 91786
Attn: Recreation and Community Services Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.7.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.7.5 Attorneys' Fees. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys' fees and all costs of such action.
3.7.6 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 supplemented, amended or modified by a writing signed by both Parties.
3.7.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.
3.7.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.7.9 City's Right to Employ Other Contractors. City reserves the right to employ other contractors in connection with this Project.
3.7.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.
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3.7.11 Assignment or Transfer. Contractor shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination.
3.7.12 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 elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.7.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.7.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.7.15 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.7.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.7.17 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. Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.7.18 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. Contractor shall also comply with all relevant provisions of any minority business 12
enterprise program, affirmative action plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.7.19 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.7.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.7.21 Employment Adverse to City. Contractor shall notify City, and shall obtain City's written consent, prior to accepting work to assist with or participate in a third-party lawsuit or other legal or administrative proceeding against City during the term of this Agreement.
3.7.22 Conflict of Employment. Employment by Contractor of personnel currently on the payroll of City shall not be permitted in the performance of this Agreement, even though such employment may occur outside of the employee's regular working hours or on weekends, holidays or vacation time. Further, the employment by Contractor of personnel who have been on City's payroll within one year prior to the date of execution of this Agreement, where this employment is caused by and or dependent upon Contractor securing this or related Agreements with City, is prohibited.
3.7.23 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification and confidentiality obligations, and the obligations related to receipt of subpoenas or court orders, shall survive any such expiration or termination. [SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR AGREEMENT FOR GENERAL SERVICES
BETWEEN THE CITY OF UPLAND AND
GEOGRAPHICS
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.
CITY OF UPLAND Geographics
Approved By:
[If Corporation, TWO SIGNATURES,
President OR Vice President AND
Secretary OR Treasurer REQUIRED]
Michael Blay
City Manager
Attested By: By:
Its:
Keri Johnson Printed Name:
City Clerk
By:
Approved as to Form:
Its:
Printed Name:
Best Best & Krieger LLP
City Attorney
BB&K(2025) 14 EXHIBIT A SCOPE OF SERVICES
EXHIBIT "A"
Fall 2025 Winter 2025
Story Conference with Ci week of 12/2 Story Info/Drafts to Story Info/Drafts to Gecgraphics 9/23
Geographies 6/25 Recreation and Library
Recreation and Library Information to Geographies 10/7 Information to Geographies 6/25 'Geographies contacts departments for article
Geographies contacts detail 9/23-1013
departments for article detail 6/25 Geographies prepares first Geographies prepares first mockup 10/7-10/1 1 draft 8130-7/7 City Review- draft#1 10/14-10/18 City Review-draft#1 7"8 Revisions by Geographies 1 012 1-1 0/23 Revisions by Gecgraphics 7/14-7/17 City Review- draft #2 10123-10/28 City Review-draft#2 7/21-7/24 Revisions by Geographies 1 /28-1 l3/81 Revisions by Geographies 7/25-7/31 City Review- draft#3 10/31-11/4 City Review- draft#3 7/31-8/7 Revisions by Geographies 1 1/4 Revisions by Geographies 8/7 Find sign off by City 11/6 Final sign off by City 8/1 1
Final Art to Printer 11/7
Final Art to Printer 8/11 Web PDF File 11/7 Printing 8/14-8/19 grin#ing 11/7-11/12
To Mailhause 8/19 To Mailhouse 1 1112
Deliver to Post Office 8/21 Deliver to host Office 11/14 Mailed to Residents 8/22 Mailed to Residents 11/15 Registration Starts 9/2
Registration Starts 12/1
BB&K(2025) 15 EXHIBIT A SCOPE OF SERVICES
PROPOSED PROJECT APPROACH
01. 02
onsultatiDn/ Concept
Scheduling Content
3-4 HOURS SOURS
t) 28
Oxrr first meeting will set the foundation for
the creative pecktess.Through idea sharing and The initial development end design of the pig feedback,we'll reline the direction and create begird,TWO CO#hreetancepti Will be preSented. creative brief.We-II explore key ene5sagin.g, based on the specific needs and requirements of develop objectiwe•s.detail the geoject'sparameters, the project. content and theme.budget,timeline,anrtvutlune a leverage forrrk,CQIOr tttegry,texwre.grapF1Jc preliminary design concepts elements.and demographic and psynchographlc Once the project parameters are establ fished•the
analysis to create emotional connections,
project manager creates a calendar outlining
goals and requirements for bath the client and
04. Ce raphics for the year
Delivery
.
Design
2-4 HOURS
38 HOURS
Before production.We conduct a thorough
re,rtew of the final files to ensure style and
Our approach r or4n11.Clelagn errWreL.,vo;uaIly grapfuc accuracy.This include compelling and accessible final product We Pre•Pr#S.sChe .Verifrcartrarti of ink tarerage, foCuson: bleeds, resoIudon•and other technical • Typography Clear,legible tyrpoface•s with Spirt Moat ions_ proper hi*r•arthyfOI foidabtlak • Error Reree►,r A derailed check[a ensure • Design 6 Layout Thoughtful cornposicio that all elements are correct and meet quality enhances visual f1o'i and rgagw'ont• Rindkrds,
- ACA Compliance Adherence t❑accessibility • Oelntety Packagi rip Confirmation:
standarcEs Coordination of shipping details to ensure • Color Contrast Strategically chosen color accurate and timely delivery. scneett enhance iteea rlitrandacce r lrlr • 'Digital PDF Wrson:A hrgh-cusl'ty PDF is Each design is caref uliy crafted to balance proYrded Inc your use,whether as a standard document or formatted wag HTtrIL code for
aesthe[irs with functionality.delnerinq a polished
and 4ffeci printed piece, an inl#racleve fhpbook on fax wrebsd•.
Our piocessguerenteese polished final product,
both in print and digit a!foematc
BB&K(2025) 16 EXHIBIT A SCOPE OF SERVICES