all work described herein and shown on the Plan, including labor, material and equipment necessary to complete this work. No additional compensation will be allowed therefor.
Payment for the temporary restoration of the AC pavement on Mulberry Ave. (slot paving) is also included under this Bid Item. Payment for the removal and reconstruction of the AC pavement(slot paving)at the opposite side of the cross gutter is included under separate Bid Item.
16. Remove and Reconstruct 6-Inch-Thick AC Pavement(Slot Paving) This Bid Item shall consist of the sawcut, removal and disposal of existing asphalt concrete, and reconstruction of 6-inch thick asphalt concrete pavement(slot paving) on areas adjacent to PCC improvements(alleys, driveways, cross gutters, etc.)as shown on the Plan, and/or as marked in the field, including excavation, root removal, subgrade preparation, backfill, compaction, cleanup, and replacement of existing curb drains and curb markings, if any, (i.e. house numbers, red curb paints) removed by the new construction.
DGAC for the top cap shall consist of Type B PG-64-10 with 5.2 percent asphalt binder(1/2"sieve size).
A maximum of 20% Reclaimed Asphalt Pavement(RAP)may be used on this project.
Payment for"Remove and Reconstruct 6-Inch-Thick AC Pavement(Slot Paving),"shall be made at the Contract Unit Price per Square Foot of AC pavement constructed, and shall include full compensation for all labor, materials, tools, and equipment involved, and all work described herein, and no additional compensation will be allowed.
17. Cold Mill Existing AC Pavement, 2-Inch Depth
This Bid Item shall include cold milling existing asphalt pavement to a depth of approximately 2 inches, as indicated on the Plan and in accordance with Section 404, "Cold Milling,"of the SSPWC except as modified or supplemented herein. The pavement shall be removed by a cold milling machine designed for this purpose, as specified under Subsection 404-2, "Milling Machines,"of the SSPWC.
The term "asphalt pavement" includes bituminous, macadam, asphalt concrete pavements, and slurry bakfill.
The Contractor shall verify locations of existing manhole and utility valve box covers prior to start of cold milling work.
The cold milling operation shall be completed in accordance with Section 404, "Cold Milling,"of the SSPWC, except as modified or supplemented herein. The cold-milled areas may be paved with ARHM at the same time the final paving is constructed on Mulberry Avenue. The Contractor shall maintain the ground surface areas for motorists as well as pedestrians' safety.
The depth of removal by cold milling varies, as shown on the Plan. Where it is determined by the Engineer that the resulting surface will not be suitable for AC paving,the depth of cut will be adjusted as directed by the Engineer in the field, as the work progresses.
Also, conditions may be encountered that require additional excavation in order to bridge unsuitable base materials. The Engineer may order the removal of additional existing base materials at selected locations during the removal process. The Contractor shall implement whatever measures are practical during removal operations to maintain the existing subgrade integrity. Any subgrade disturbed or removed due to the Contractor not using the extra care outlined or for his convenience, shall be graded and compacted to the required elevations at no additional cost to the City.
The Contractor shall be responsible for obtaining a suitable disposal site for this excavated material, and pursuant to Subsection 300-2.6, "Surplus Material,"of the SSPWC, shall, upon request, file with the Engineer the written consent of the owner of the property upon which he intends to dispose of such material. 1) The Contractor shall thoroughly inspect the work site in advance of the cold milling operation to determine and mark locations of utility covers (sewer and storm drain manholes, water valves, etc.), which, if struck, could damage the machine's cutting drum and/or carbide teeth. 2) Electronic metal detector/locator device may be utilized to ascertain the location of buried valve boxes, manhole covers and other substructures, which could potentially damage the cold milling machine.
3) The cold milling machines shall be operated so as not to produce dust, fumes, or smoke. For smaller or tight areas at curb returns, smaller grinders may be used to facilitate the operation. 4) Residue from grinding shall not be permitted to flow or travel into gutters, onto adjacent street surfaces or parkways. All residues shall be completely removed by sweeping or by vacuuming and properly disposed. No washing of residue into drainage structures or devices will be allowed. 5) The pavement surface shall be swept by means of a sweeper having the capabilities to effectively sweep and retain dust, dirt, and debris from the pavement. The suction fan shall move air from the main brush compartment through the air filter in sufficient volume during sweeping to prevent escape of visible dust from the brush compartment directly into the air.
6) The Contractor shall provide all general survey control and any required specialized control for the type of machine that is being used per the requirements of Bid Item No. 3, "Construction Surveying", of these Special provisions and per the SSPWC.
All costs, including downtime, incurred by the Contractor due to the breakdown of the cold milling machine shall be at the Contractor's expense.
Full compensation for conforming to the requirements of Bid Item, "Cold Mill Existing AC Pavement, 2-Inch Depth,"will be made at the Contract Unit Price per Square Foot of pavement cold milled and shall include all labor, equipment, hauling, disposal of materials, materials, and incidentals required to complete the work and no additional compensation shall be allowed therefor.
18. Unclassified Excavation& Subgrade Preparation
This Bid Item includes the removal and disposal of the existing asphalt pavement, and the adjoining base and/or subgrade materials on Mulberry Avenue, within the limits of the reconstruction area, as shown on the Plan and as specified herein, in accordance with Section 300-2, "Unclassified Excavation,"of the SSPWC, except as modified and supplemented herein. This shall also include the preparation of subgrade, (grading, compaction, etc.,) in accordance with Subsection 301-1, "Subgrade Preparation,"of the SSPWC.
Compaction testing shall be done by the City or its representative at no cost to the Contractor. However, compaction retests due to any previous failing compaction test(s) shall be paid for by the Contractor. The City may deduct cost of any re-test from the contractor's payments. The Contractor shall notify the City Inspector 48 hours in advance of compaction testing.
In order to minimize interference with traffic and to facilitate removal of materials and restoration of the roadway, excavation shall be done by cold milling. The cold milling operation shall be completed in accordance with Section 404, "Cold Milling," of the SSPWC, except as modified or supplemented herein. The cold-milled areas shall be based-paved with AC on the same day the pavement is removed, except when determined by the Engineer that such schedule is impractical due to field conditions or quantities.
The depth of removal by cold milling varies, as shown on the Plan. Where it is determined by the Engineer that the resulting surface will not be suitable for AC paving,the depth of cut will be adjusted as directed by the Engineer in the field, as the work progresses.
Also, conditions may be encountered that require additional excavation in order to bridge unsuitable base materials. The Engineer may order the removal of additional existing base materials at selected locations during the removal process. The Contractor shall implement whatever measures are practical during removal operations to maintain the existing subgrade integrity. Any subgrade disturbed or removed due to the Contractor not using the extra care outlined or for his convenience, shall be graded and compacted to the required elevations at no additional cost to the City.
The Contractor shall be responsible for obtaining a suitable disposal site for this excavated material, and pursuant to Subsection 300-2.6, "Surplus Material,"of the SSPWC, shall, upon request, file with the Engineer the written consent of the owner of the property upon which he intends to dispose of such material.
The Contractor shall verify locations of existing manhole and utility valve box covers prior to start of cold milling work.
Sections 1 thru 6 of Bid Item 17 above,shall apply to this Bid Item.
All costs, including downtime, incurred by the Contractor due to the breakdown of the cold milling machine shall be at the Contractor's expense.
Payment for this Item, "Unclassified Excavation&Subgrade Preparation," even though bid on a cubic-yard basis, will be made for the fixed quantity estimated by the Engineer, as shown on the Bid Proposal, and shall include grading, subgrade preparation and compaction. These quantities are calculated based upon the depth of removal shown on the Plan. No allowance has been made for bulking during excavation. The final pay quantity will be adjusted by change order, to reflect any excavation change authorized by the Engineer.
19. Construct 3-Inch Dense Graded Asphalt Concrete(DGAC)Base Course This Bid Item shall include construction of a 3-inch-thick Dense Graded Asphalt Concrete(DGAC) base course, as shown on the Plan, in accordance with Subsections 203-6, "Asphalt Concrete,"and 302-5, "Asphalt Concrete Pavement,"of the SSPWC, except as modified or supplemented herein.AC base course adjacent to PCC improvements (slot paving) is also included in this item.
DGAC for the base course shall consist of Type B PG-64-10 with 5.2 percent asphalt binder(3/4" sieve size).A maximum of 20% Reclaimed Asphalt Pavement(RAP)may be used on this project.
The AC base course shall be thoroughly compacted by rolling. The number of rollers necessary will be established in accordance with Table 302-5.6.1 of the SSPWC. The compacted DGAC shall have a relative compaction of not less than 95 percent in accordance with Subsection 302-5.6.2, "Density and Smoothness," of the SSPWC.
Tack coat shall be Grade SS-1 h emulsified asphalt per subsection 302-5.4 of the Standard Specifications. A tack coat shall be applied at an approximate rate of 0.05 to 0.10 gallon per square yard uniformly in one coat on all cold milled surfaces, vertical joints on AC and PCC surfaces and edges against which AC is to be placed.
Curbs, walks, gutters, and other existing improvements shall be protected to prevent spattering, splashing, or tracking with tack coat.Any spots of tack coat materials left over these existing improvements shall be thoroughly removed by the Contractor at his expense.
The contact surfaces of all cold pavement joints, curbs, gutters, cold milled area etc. shall be painted with Grade SS-1 h emulsified asphalt immediately before the adjoining AC pavement is placed. The Contractor shall clean the existing pavement surface, including gutters, immediately prior to application of the tack coat.
Cleaning shall be accomplished by means of a self-propelled, mechanical street sweeper. The Contractor shall also be responsible for sweeping areas inaccessible to mechanized sweeping equipment. All debris generated shall be removed from the project site and properly disposed of. Use of air blowing equipment shall be prohibited.
The Contractor shall use a paving machine for the placement of the asphalt concrete base course. The asphalt paving machine shall be equipped with a hydraulically extendable variable width screed with heating and vibration for uniform compaction and surface texture over the entire width of the paving mat. The standard screed width shall be ten feet(10'), capable of extension to at least 12 feet.
The initial breakdown rolling, and the finished rolling shall be accomplished with a two-axle tandem roller, minimum 8 to 10 tons.
The Contractor shall water-test all finished A.C. surfacing prior to final inspection. Any irregularities causing water to stand shall be corrected at the Contractor's expense.
Temporary surfacing shall be placed only when directed by the Engineer, to safeguard the public. Payment for temporary surfacing shall be included in the unit price bid for Asphalt Concrete Base Course, unless otherwise specified in these Specifications.
Payment for this Bid Item, Construct 3-Inch AC Base Course, will be made at the Contract Unit Price per ton (TON)of DGAC Base Course, Type B PG 64-10 constructed, based upon certified weighmaster's tickets. The unit price bid for the DGAC Base Course shall include all work described herein, materials, labor, tools, time, equipment, and incidentals required to complete the work. No additional compensation will be allowed therefor.
20. Construct 2-Inch Asphalt Rubber Hot Mix(ARHM) Overlay This Bid Item shall include construction of Asphalt-Rubber Hot Mix(ARHM-GG-C)wet process overlay in accordance with Sections 203-11, "Asphalt Rubber Hot Mix(ARHM),"and 302-9, "Asphalt Rubber Hot Mix," of the SSPWC.ARHM surface coursed adjacent to PCC improvements (slot paving) is also included in this item.
Application of sand blotter is required. The ARHM shall consist of one course of an Asphalt Crumb Rubber Binder and graded aggregate as specified herein and placed over existing or new pavement. This item also includes adjusting water valve covers/cans to the finish pavement surface. a. The Contractor shall clean the existing pavement surface, including gutters, immediately prior to application of the tack coat. Cleaning shall be accomplished by means of a self-propelled, mechanical street sweeper. The Contractor shall also be responsible for sweeping areas inaccessible to mechanized sweeping equipment. All debris generated shall be removed from the project site and properly disposed of. Use of air blowing equipment shall be prohibited. b. A tack coat of slow-setting emulsified asphalt shall be uniformly applied to the existing pavement preceding placement of the overlay, at a rate of 0.05 to 0.10 gallon per square yard. The surface shall be free of all loose material or dust when the tack coat is applied. The tack coat material shall be Type SS-1h emulsified asphalt, in accordance with Subsection 203-3, "Emulsified Asphalt," of the SSPWC.
Tack coat shall also be uniformly applied to contact surfaces of all existing A.C.and P.C.C. improvements against which the overlay is to join.
c. The overlay paving material shall consist of Type ARHM-GG-C (wet process)with 8% Type PG 64-16 asphalt-rubber binder. A maximum of 20% Reclaimed Asphalt Pavement (RAP) may be used on this project.
d. At least 10 working days before construction is scheduled to begin, the Contractor shall submit to the Engineer for approval, mix design and certifications of all materials to be used in accordance with Subsection 203-11.6, "Mix Designs and Certifications,"of the SSPWC. e. The Contractor shall also submit to the City or its designated Testing Laboratory, samples of the asphalt concrete, aggregate materials, the paving asphalt (PG 64-16)and other materials required for analysis and testing.
f. The asphalt paving machine shall be equipped with a hydraulically extendable variable width screed with heating and vibration for uniform compaction and surface texture over the entire width of the paving mat.
The standard screed width shall be ten feet, capable of extension to at least 12 feet. g. The initial breakdown rolling,and the finished rolling shall be accomplished with a two-axle tandem roller, minimum 8 to 10 tons.
h. ARHM-GG shall be thoroughly compacted by rolling. The number of rollers necessary will be established in accordance with Table 302-5.6.1 of the SSPWC. All compacted ARHM-GG shall have a relative compaction of not less than 95 percent in accordance with Section 302-5.6.2,"Density and Smoothness," of the SSPWC.
i. The Contractor shall provide for adequate quality control measures to ensure that delivery of asphalt rubber shall be neither too slow nor too fast to prevent stopping of the paving operation and/or cooling of the asphalt rubber material. Material delivery scheduling and handling is critical to provide for optimum result.
j. The Contractor shall water-test the finished overlay prior to final inspection. Any irregularities causing water to stand shall be corrected at the Contractor's expense. k. Upon completion, the pavement surface shall be true to grade and cross section, in accordance with Subsection 302-5.6.2, "Density and Smoothness," of the SSPWC. If the finished surface does not meet the specified surface tolerance, it shall be brought into tolerance by removing and replacing the full thickness of the new ARHM overlay. Removal shall be done by cold milling.
This corrective work shall be at the Contractor's expense.
Dust free clean sand shall be used in lieu of rock dust and shall be placed immediately after the completion of the"finish rolling"and prior to opening to traffic to prevent bleeding and tracking of the asphalt rubber material.
Sand blotter shall be uniformly applied using a mechanical spreader, which distributes uniformly at a rate of approximately 2 to 4 pounds per square yard. Compaction rollers shall not be allowed on the sand covered pavement surfaces. All excess sand shall be removed from the street at the end of each workday.
Full compensation for all the preceding requirements of this Bid Item, Construct 2-Inch Asphalt Rubber Hot Mix (ARHM) Overlay, including corrective work, shall be included in the Contract Unit Price bid per ton (TON)for Asphalt Rubber Hot Mix(ARHM)Overlay constructed, based upon certified weighmaster's tickets. The unit price shall include adjusting water valve covers/cans to finish surface, furnishing and placing clean sand blotter, compaction, labor, tools, time, equipment, materials, and incidentals required to complete the work. No additional compensation will be allowed therefor.
21. Replace Existing Brick Sewer Manhole Structure with Pre-Cast Concrete(Depth=9')
22. Replace Existing Brick Sewer Manhole Structure with Pre-Cast Concrete(Depth=6.5') Bid Items 21 and 22 consist of the removal and disposal of existing manholes and furnishing and constructing new precast concrete sanitary sewer manholes complete with frames and covers. Manholes shall be constructed in accordance with SPPWC Standard Plan 200-3, "Precast Concrete Sewer Manhole,"to the sizes, shapes, and dimensions and at the locations and elevations where the old manhole used to be. The intent is that all new manholes will be completely sealed, thereby, eliminating infiltration to and exfiltration from the manhole. Materials used in the construction of manholes shall conform to the requirements of ASTM C- 478. Cones shall be Type(b), eccentric, unless otherwise approved by the City. Excavation, backfill, and compaction work shall be in accordance with applicable provisions of Section 306, "Open Trench Conduit Construction,"of the SSPWC.
Prior to lifting off manhole cover or starting manhole demolition,gas levels shall be measured with a suitable gas measuring device to ensure that gases(i.e.,oxygen(02), hydrogen sulfide(H2S),methane (CH4),and carbon monoxide(CO))are within acceptable levels.
This item shall also include replacement of sections of VCP sewer line entering and exiting the manhole which were disturbed/damaged during the removal work; reconstruction of the concrete manhole base and troughs and all work necessary for the manhole to be fully operational, including all tools, materials, equipment, and labor.
The Contractor is advised that the City of Upland geology is an alluvial fan.These soil conditions are such that larger rock cobble and boulders will be encountered during construction.The Contractor shall be responsible for the removal and disposal of rocks larger than 6"diameter that are within the limits of excavation,as well as for all costs associated in working with rock cobble and boulder soil conditions.
Prior to ordering of materials for this item, the Contractor shall field-verify the depth of all manhole structure and other relevant data and information regarding the work specified.
Temporary AC paving and/or steel plates shall be used and maintained until final paving is completed.All steel plates shall be recessed into the roadway and shall be textured for skid-resistance. Steel plates shall be secured in place to prevent their movement, sliding, or shifting. Contractor shall use plate compactors or rollers to compact and smooth the AC paving; compaction by backhoe tire is not acceptable.
Provide Temporary Sewer Bypass During Construction. The Contractor shall provide a means of bypassing the sewer flow around the work area and dewater the work area in each manhole under reconstruction shown on the Plan, in accordance with the Subsection 500-4.3, "Sewer Bypassing and Dewatering,"of the SSPWC. This may be accomplished by furnishing, installing, and operating pumps, pipes, sewer plugs(for very small, limited durations), appliances, and equipment of sufficient capacity to keep the trench excavation and work area free from sewage until the trench is backfilled, as well as to keep sewer services fully operational for residents without interruptions during construction.At no time shall sewer flow be in direct contact with native soil,as well as any surface paving during any and all aspects of construction.The Contractor shall submit a Sewer Bypass plan,as well as a contingency plan in the case of shutdown,for review and approval.
Contractor shall have approved sewer bypass and contingency plans and all equipment as shown on the plan ready at the site before beginning sewer work.The city will not allow work unless all the above- mentioned requirements are fulfilled.
Payment for Bid Items 21 and 22, "Replace Existing Brick Sewer Manhole Structure with Pre-Cast Concrete," shall be made at the contract unit price per each manhole removed and reconstructed, including all work described herein, and tools, materials, equipment,time, incidentals, excavation, export of excess materials, import of any required materials, installation, bedding, backfill, compaction, and no additional compensation will
be allowed therefor.Adjustment of the new manhole to the final street surface grade per Section 403 of the SSPWC shall also be paid under this Bid Item.
City's Payment for this item shall not include costs of clean up or liability damages that may results from sewerage overflow caused by work performed by Contractor. Such costs of clean up or liability damages shall be paid or provided by Contractor.
23. Adjust Manhole Cover to Finish Grade
This Bid Item shall include the adjustment of City sewer manhole, not included under Bid Item 21 and 22 above, and storm drain manhole frame and cover set to the new finished grades in accordance with SPPWC Plan 205-3 and Section 403, "Manhole Adjustment and Reconstruction,"of the SSWPC, except as modified and supplemented herein. The Contractor shall verify locations of existing manhole covers prior to start of street work.
Manhole structures extending 2"or more above the new subgrade shall be removed by the Contractor to the new subgrade before paving, in accordance with Section 403, " Manhole Adjustment and Reconstruction,"of the SSWPC. In cold milled areas,the"new subgrade"shall be interpreted as being the pavement surface following cold milling, preceding construction of the asphalt overlay. Manhole structures extending less than 2"above the new subgrade following cold milling shall be paved over and later adjusted to grade as specified herein.
In order to minimize interference with traffic, the Portland Cement Concrete shall be modified to obtain high-early strength through the addition of 1%calcium chloride, in accordance with Subsection 201-1.2.4, "Chemical Admixtures", of the SSWPC. The concrete shall be allowed to cure for at least 24 hours prior to placement of finished AC paving around the manhole.
Before replacing frames and covers, the Contractor shall clean the frames and covers of both new and old pavement or surface treatments.
Asphalt concrete Type D2-PG-64-10 with an asphalt binder of 6%, may be used for paving around manholes if ARHM is difficult to obtain from the Asphalt Plant.
The Contractor shall be responsible for furnishing, placing, and maintaining barricading or other traffic control, as necessary to protect the public from danger due to the work being done. The Contractor shall excavate to expose no greater quantity of manholes than can be adjusted to grade in the same working day.
Full compensation for conforming to the requirements of this item, "Adjst Manhole Cover to Finish Grade."will be made at the Contract Unit Price per Each manhole adjusted to grade including manhole structure removal as required above in accordance with SSPWC Section 403. The contract unit price bid shall include full compensation for all labor, materials, tools, equipment,time, and incidentals necessary to complete the work, including repaving around each manhole and no additional compensation shall be allowed therefor.
24. Adjust Utility Valve Box Cover to Finish Grade
This Bid Item shall specifically include adjustment of utility valve boxes to the new finished grades. The term "Utility Valve Box"shall be interpreted as including the sleeve;frame and cover set for City water valves, surveyor's monuments, gas valves, etc. as shown on the Plan. The Contractor shall verify locations of existing utility valve box covers prior to start of street work. This item shall also include the adjustment of sewer cleanouts to the new finished surface grades.
Payment for conforming to the requirements of`Adjust Utility Valve Box Cover to Grade"will be made at the Contract Unit Price per Each utility valve box adjusted to grade and shall include full compensation for all labor, materials,tools, equipment,time, and incidentals necessary to complete the work, including repaving around each valve, and no additional compensation shall be allowed therefor.
25. Parkway Clearing, Grubbing, Grading,and Restoration Clearing and grubbing shall be done in accordance with, and shall include, all work specified in Subsection 300-1, "Clearing and Grubbing,"of the SSPWC, and Section 1.40, "Parkway Restoration,"of the General Requirements of these Special Provisions, except as modified and supplemented below, or specifically covered elsewhere in these Special Provisions. Excavation and preparation of subgrade shall be in accordance with, and shall include,
all work specified in Subsection 300-2, "Unclassified Excavation,"and 301-1, "Subgrade Preparation,"of the SPWC, except as modified and supplemented herein.
Included in this Bid Item are the following:
1) Removal and disposal of tree roots, shrubs, grass, and other planting materials that interfere with the proposed improvements to be constructed.
2) Backfilling, grading, and compacting areas behind or adjacent to proposed sidewalk, curb ramp, driveway, curb and gutter, and other improvements. This shall include grading on private property at a maximum slope of 4:1, or as determined by the Engineer, for transition purposes. All backfill material shall be clean, native material,free of AC and PCC rubble. 3) Restoration of irrigation and landscaping system, including hardscape, affected by the improvements.
Lawn planting adjacent to the improvements constructed(e.g.,sidewalk,driveway,curb,and gutter,etc.) shall be restored as nearly to its original condition as is reasonably possible. Grass damaged by construction shall be replaced with same grass or equivalent type approved by the Engineer. Reseeding may be required on areas that do not currently have any grass, as directed by the Engineer. Seeds shall be covered with suitable mulch and watered until growth is evident. 4) Removal and capping off irrigation facilities which interfere with new construction. Sprinkler heads shall be salvaged and turned over to the owner of the adjacent property. Irrigation lines shall be terminated and capped off at the right-of way, and all laterals within the limits of construction shall be removed and disposed of.
5) Adjustment of all existing utility boxes within the parkway area that are affected by the construction, such as water meter boxes, valves boxes, electrical pull boxes, etc. which are not covered in any of the Bid Items herein.
6) Elimination of weeds on street cracks by hand-pull method, manual removal with hoe or other tool,string trimmer(weed-whacker), or foliar spray with approved herbicides.
This Bid Item shall also include coordination with the City and/or its representative regarding the scheduling of tree removals. The Contractor shall be required to furnish the Engineer his weekly work schedule at least ten days in advance. Removal of trees shall be done by others. However,the Contractor is responsible for restoring and backfilling the holes and/or depressions created by tree removal.
Payment for"Parkway Clearing, Grubbing, Grading, and Restoration,"shall be made at the Contract Lump Sum Price bid, and shall include full compensation for furnishing all labor, materials tools, equipment, and incidentals, and for doing all the work specified above. No additional compensation will be allowed therefor.
26. Furnish 8 Install Sod Turf
This Bid Item may or may not be used.
This Item shall include furnishing and planting sod turf matching existing sod on the area.The Contractor shall fine-grade and apply 2"-thick topsoil and/or amendments prior to planting.
Payment for this Item, Furnish&Install Sod Turf,"shall be made at the Contract Unit Price per square foot of sod planted, and shall include full compensation for furnishing all labor, materials tools, equipment, and incidentals, and for doing all the work specified.
PART C—, STRIPING, MARKINGS AND SIGNING(BID ITEMS 27 to 37)
27. Install Thermoplastic Double Yellow Linej0etail28,Plan A20B)
28. Install 8"Thermoplastic White Channelizing Line(Detail 38D, Plan A20D)
29. Install 12"White Thermoplastic Crosswalk(Plan A24F, Basic)
30. Install 12"Thermoplastic Limit Line(Plan A24G)
31. Install "STOP" Thermoplastic Pavement Marking(Plan A24O)
32. Install Thermoplastic Type IV& Type VII Arrow Pavement Markings(Plan A24A)
33. Install Type I Blue-Colored Raised Reflective Pavement Marker
34. Remove Existing&Install New Post& Signs
35. Install New Post&Signs
36. Install New Type K-1(CA) Object Marker
37. Install Yellow Paint on Median Nose and Red Paint on Curb Per Plan TRAFFIC STRIPING AND PAVEMENT MARKINGS:
Bid Items 27 to 37 shall include any removal of painted striping and pavement markings and raised pavement markers which conflict with the proposed striping, in accordance with Section 314, "Traffic Striping, Curb and Pavement Markings and Pavement Markers,"of the Standard Specifications; and the layout and application of two-coat painted traffic stripes, thermoplastic stripes, thermoplastic pavement markings and markers, as shown on the Plan, in accordance with Caltrans Standard Plans A20A,thru A20E,A24F, and A24G, and Subsection 84- 2, "Traffic Stripes and Pavement Markings,"and Section 84, "Markings,"of the Caltrans Standard Specifications, except as modified and supplemented herein.
The Contractor is required to install the first coat of traffic striping and pavement markings within five(5)working days after the application of final pavement surfacing has been completed. The second coat shall be applied within 10 to 15 days after the installation of the first coat.
Prior to applying the striping layout,the Contractor shall confirm with the Engineer regarding any changes or modifications on the proposed striping and markings.
The Contractor shall submit, for City approval, all products specifications data,including samples of each pavement markers, prior to ordering materials.
Traffic stripes(traffic lines)are defined as longitudinal centerlines and lane lines which separate traffic lanes in the same or opposing direction of travel, and longitudinal edge lines which mark the edge of the traveled way.
Traffic stripes shall consist of two-coat paints or as indicated on the Plan.
Pavement markings are defined as transverse markings which include, but are not limited to,word and symbol markings, limit lines, stop lines, crosswalk lines, shoulder markings, and railroad grade crossing markings.
Pavement markings shall be thermoplastic.
The striping layout shall be approved by the City Traffic Engineer prior to installation of permanent striping. The layout shall be subject to minor changes and variations from the Plans, as required by existing field conditions.
The Contractor shall contact the City Traffic Engineer at least two working days prior to commencing work, for approval of proposed striping layout. Stencils for pavement marking shall exactly match the City of Upland's stencils.The contractor shall use only chalk-based paint for layout("cat-tracking").
Where striping joins existing striping,the Contractor shall begin and end the transition from the existing striping pattern into or from the new striping pattern a sufficient distance(minimum of 80 feet)to ensure continuity of the striping pattern. Where existing striping or markings conflict with the proposed striping or markings, they shall be removed by the Contractor as part of these Bid Items.
Thermoplastic materials and application shall be in accordance with Section 84-2.02C, "Thermoplastic,"of the Caltrans Standard Specifications, and must comply with State Specification PTH-02HYDRO, or PTH-02ALKYD.
Sprayable thermoplastic must comply with State Specification PTH-02SPRAY.
Each lot or batch of thermoplastic must be tested under California Test 423 For each batch of thermoplastic, paint, and glass beads, the Contractor shall submit:
1) Certificate of compliance
2) Caltrans Materials Engineering and Testing Services (METS) notification letter stating that the material is authorized for use.
3) Material Safety Data Sheet(MSDS)
Thermoplastic pavement marking shall be applied at a rate of at least 1.06 lb/sq ft. The applied thermoplastic pavement marking must be at least 0.100 inch thick. Glass beads may be applied by hand on pavement markings.
Glass beads must comply with State Specification 8010-004. The Contractor is also required to submit a certificate of compliance for the glass beads. The glass beads must be embedded in the thermoplastic to a depth of 1/2 their diameters.
Glass beads shall be distributed uniformly on traffic stripes and pavement markings. High-performance glass beads shall be applied at a rate of at least 6 lb/100 sq ft of stripe or marking.AASHTO M 247, Type 2, glass beads shall be applied at a rate of at least 8 lb/100 sq ft of stripe or marking.The combined weight of the 2 types of glass beads must be greater than 14 lb./100 sq ft of stripe or marking.
Primer must comply with the thermoplastic manufacturer's recommendations. Thinning of the primer is not permitted. It shall be applied to all concrete surfaces and asphaltic surfaces over 6 months old, immediately before and concurrently with the application of the thermoplastic, and at the rate recommended by the manufacturer.
Retroreflective pavement markers shall comply with the requirements of Subsection 81-3.02C"Retroreflective Pavement Markers,"of the Caltrans Standard Specifications.
Pavement markers shall be placed over the pavement using epoxy adhesive, in conformance with Subsections 81-3.03, "Construction,"and 81-3.02E, "Epoxy Adhesive of the Caltrans Standard Specifications.
Payment for the above Items shall be paid at the unit price bid shown on the Proposal and shall be considered as full compensation for all work necessary as required herein, including material, labor, installation, overhead, and no additional compensation will be allowed therefor.
Bid Items 34, 35, &36 consist of removing existing&installing new post&signs and new object markers, as shown on the Plan in accordance with Section 82, "Signs and Markers,"of Caltrans Standard Specifications, and Caltrans Standard Plan RS1,and RS5. Post for sign shall be 2"x 2" perforated square steel tube with 7/16-inch diameter holes or punch-outs 1-inch on center on all four sides,with a square steel anchor sleeves in conformance with Subsection 82-3.02B, "Metal Posts,"of Caltrans Standard Specifications.
Payment for the Bid Items above shall be paid at the unit price bid shown on the Proposal and shall be considered as full compensation for all work necessary as required herein, including material, labor, installation, overhead, and no additional compensation will be allowed therefor.
PARTD—WATER IMPROVEMENTS(BID ITEMS 38 to 52)
This part of the Contract consists of constructing water improvements on Mulberry Ave and adjacent cross streets, as shown on the Plan an as described on the Bid Items below. During construction of this improvement, the Contractor shall, at all times, maintain one lane of through traffic in each direction.
Pursuant to Section 6500 of the Labor Code, prior to commencing the excavation of a trench 5 feet in depth or greater and into which a person will be required to descend, the Contractor shall first obtain a permit to do so from the State of California Department of Industrial Relations, Division of Occupational Safety and Health.
The Contractor is advised that the City of Upland geology is an alluvial fan. These soil conditions are such that larger rock cobble and boulders will be encountered during construction. The Contractor shall be responsible for the removal and disposal of all rocks and excavated materials that are within the limits of excavation, as well as for all costs associated in working with rock cobble and boulder soil conditions.
During the excavation work for the construction of water improvements, all materials encountered, including but not limited to, asphalt concrete, concrete(reinforced or non-reinforced), macadam pavement, petromat/pavement reinforcing fabric, rocks, and boulders, shall be removed from the site, and properly disposed of by the Contractor.
Pipe bedding and trench backfill shall be imported materials, as shown on the Plan, or as specified in these Specifications. Reuse of excavated materials is not allowed.
Except as noted, modified, or specified under these Specifications, all work shall be in accordance with City of Upland Water Standard Drawings; applicable provisions of Subsection 209-2, "Steel Pipe and Fittings,"and Section 306, "Open Trench Conduit Construction", of the SSPWC; and the American Water Works Association (AWWA) Standards.
38. Furnish and Install 8"CML&C Class 300 Steel Water Line& Fittings(Joints Fully Welded) per City Water Std. Dwq. No. W.23
This Bid Item shall include furnishing and installing 8-inch diameter Class 300 Cement Mortar Lined and Coated (CML&C)Steel Water Main, including all required fittings (pre-fabricated tees, tees, flanges, reducers, bends, elbows, crosses, etc.,)as shown on the Plan.All pipe and fittings to be furnished by the Contactor shall conform to AWWA Standards C-200 and C-205 (latest), and applicable provisions of AWWA C-206, C-207, C- 208, C-604 and M11. CML&C steel pipe shall be fully welded at all joints, with 2-pass minimum each joint.
TRENCHING AND BACKFILLING
Trenching and backfilling for installation of pipe, fittings and appurtenances; including removing and replacing improvements, shall conform to the details shown on the plans, and these Specifications.
Trenches for pipe, fittings and appurtenances shall be smooth and free of jagged rubble or sharp objects which will cause abrupt bending stresses and uneven load distribution to pipes during backfilling operations. The backfilling of pipe trenches shall be accomplished in a manner that will protect the pipe from damage by sharp objects.
The Contractor shall properly dispose of all trench excavation materials encountered and shall import sand and Crushed Aggregate Base(CAB)or Crushed Miscellaneous Base(CMB)for pipe bedding and trench backfill, as shown on the Plan. CMB shall conform to Subsection 200-2.4, "Crushed Miscellaneous Base,"and Table 200-2.4.2 (fine, 3/4" max. size)of the SSPWC. Origin of CMB must be approved by the City Engineer prior to ordering material. CAB shall conform with Subsection 200-2.2, "Crushed Aggregate Base," and Table 200-2.2.2 (3/4"max. size)of the SSPWC. Sand shall be in accordance with Subsection 200-1.5, "Sand,"of the SSPWC.
At the end of each workday all trenches shall be backfilled or steel-plated, and traffic restored to normal operation.All steel plates shall be recessed into the pavement and shall have a skid resistant texture. Stockpiling of excavated materials on site is not allowed.Contractor shall dispose of all such materials daily.
Pavement, sidewalk, and similarly paved areas encountered on or beneath the surface of the ground and not shown on the plans in areas to be trenched, shall be removed and disposed of as directed by the Engineer.
AC pavements and PCC improvements to be removed shall sawcut prior to removal. Excavating through the paved areas and removing and disposing of all the pavement will be paid for under this item.
When any backfilled area has settled, the area shall be refilled and compacted by the Contractor at the Contractor's expense, including furnishing, placing, and compacting the fill material.
LAYING
Trenches shall be in a reasonably dry condition when the pipe is laid. Necessary facilities shall be provided for lowering and properly placing the pipe sections in the trench without damage. All handling of the piping shall be done with fabric-type slings that will not damage the coating of the pipe section. The slings shall bear uniformly against the cradles, sandbags, or mounds of earth. The pipe shall be supported to the lines and grades given and the sections shall be closely jointed to form a smooth flow line. Immediately before placing each section of pipe in final position for jointing, the bedding for the pipe shall be checked for firmness and uniformity of surface.
JOINTING
The rubber gasket joint shall be prepared by properly lubricating with a suitable vegetable compound soap, the endless rubber ring gasket before it is placed in the groove at the spigot end. The gasket shall be stretched over the spigot end of the pipe and carefully seated in the groove. The gasket shall not be twisted, rolled, cut, crimped, or otherwise injured or forced out of position during closure of the joints. A"Feller"gauge shall be used to check the position of the rubber gasket after jointing. The spigot end of the pipe shall be daubed with mortar containing 1-part cement to not more than 3-part sand, and then inserted into the bell and forced to the bottom of the bell. Excess mortar on the inside shall be removed. After the pipe has been laid, and before backfilling has been completed, the outside annular space between pipe sections shall be completely filled with grout. The grout shall be poured in such a manner that all exposed potions of the metal joint shall be
completely protected with cement mortar. Grout on the outside of the joints shall be a mixture of 1-part of cement to 3-part sand and shall be sufficiently fluid to permit it to be poured into the joint space. The outside mortar joints shall be properly formed by use of heavy-duty diapers as manufactured by the Mar-Mac Manufacturing Co., McBee, South Carolina, or approved equal.
WELDING
At all changes in direction and elsewhere as specified by the drawings, the bell end shall be circumferentially welded to the spigot end of the adjoining pipe. The weld shall be continuous and ample bell hole shall be dug to permit proper welding. The field welds between the bell and spigot ends shall be made in 2 or more passes so as to build up a fillet weld having a minimum thickness of%-inch. Prior to welding those joints designated for welding, the joints shall be made up in accordance with jointing section above, except that the Contractor's option for the rubber gasket may be omitted. Such joints shall be inspected and approved by the City before the coating is placed around the outside of the joint.
All welding work on this project shall be performed by personnel certified by the American Welding Society(AWS). Contractor shall submit to the City copies of certification for all welders that will be utilized on this project.All welds shall be minimum of two passes.
CLOSURE
When butt-straps or closure pieces are used, the exterior of the closure pieces shall be given a coating at least equal to that of the pipe or may be given protective coating. Where butt-straps or closure pieces are used, the interior of the closure pieces shall be given a lining of mortar containing 1-part cement to not more than 3-part sand. The completed hand lining shall provide a smooth transition surface across the closure piece.
DISINFECTION
Disinfection shall be accomplished by chlorination. Chlorine residuals must be tested and found satisfactory by the City's Water Division before the pipeline is tested for bacteriological results and leakage.
Chlorine gas injection shall be used. The amount of chlorine applied shall provide a minimum of 50 parts per million and 25 parts per million after a 24-hour period has elapsed, in a water-chlorine solution. The pipe ends shall be valved, or sealed, at the end of each workday, until the system is complete.
The pipeline and appurtenances shall be loaded slowly, so that all internal piping is exposed to the water- chlorine solution. A schedule of loading procedures shall be submitted to and accepted by the City prior to beginning construction. Care shall be taken to prevent backflow into the City's system. All fire hydrants and outlets shall be opened during loading to verify backflow into the City's existing system will not occur. City staff will operate connection valve.
Chlorinated water shall be retained in the pipeline long enough to destroy all nonspore-forming bacteria. This period shall be at least 24 hours. Thereafter, City will verify that a chlorine residual of at least 25 PPM is maintained in the pipeline at all accessible locations. If so, the pipeline shall be flushed to completely remove all chlorinated water. Water shall be dechlorinated, by methods approved by the city, during flushing prior to release into the surrounding areas.
Contractor shall retain a certified laboratory to collect samples from the system for bacteriological analysis. All valves connected to the City's existing system shall remain closed until results verifying compliance have been obtained. If pipeline and appurtenances fail to meet disinfection requirements, disinfection shall be repeated until compliance is demonstrated.
TESTING
Contractor shall furnish all equipment, labor, materials, and water, required for testing of the pipeline. The City will furnish all water required for testing disinfection of the pipeline and appurtenances. All tests of pressure shall be made in the presence of the City Water Division. All appurtenances shall be completely flushed prior to testing.
Contractor shall test and disinfect the pipeline and appurtenances after all trench compaction operations are complete but prior to street rehabilitation. The pipeline may not be tested until the cement mortar lining and
coating has attained an age of 14 days. Valve at the connections shall be closed during testing. Care shall be taken to ensure all air is released during filing of the pipeline and appurtenances.
After the pipeline has been completely filled with water and allowed to stand under slight pressure to permit lining to absorb water. The test shall consist of holding a test pressure of 150 psi at the lowest point on the pipeline for a 4-hour period. The water necessary to maintain the pressure shall be measured through a meter.
The leakage shall be considered the amount of water entered during the test. The leakage shall not exceed 25 gallons per inch of diameter per mile per 24 hours. Any noticeable leak shall be repaired.
The Contractor shall make all the connections to existing pipelines as shown and all connections shall be made by methods shown unless otherwise approved by the Water Utility Inspector. The Contractor shall notify the Water Utility Inspector at least 3 working days in advance of the date on which he proposes to begin to make connection to the existing facilities. It is the Contractor's responsibility to give a 24-hour written notice to Residences or Businesses affected by the shutdown. The date, duration of the shutdown, and a brief description of the work being done shall be written on the notice. Notices will be provided by the City of Upland Water Division. All connections shall be made in the presence of the Water Utility Inspector.
The Contractor is advised that system shutdowns may be delayed depending on current system demand, valves malfunction, or other emergency situations. The Contractor may be required to construct connections during evenings or weekends as directed by the City. There will be no additional compensation for standby time or delay time if the City crew is unable to shut-down valves due to valve malfunctions).
Contractor should anticipate it may take City crews 2 to 3 hours to achieve a complete water shutdown.
TRENCH REPAIR/RESURFACING
1) Temporary Resurfacing. Unless permanent pavement is placed immediately, temporary resurfacing 2 inches thick shall be placed and maintained wherever excavation is made through pavement, sidewalk, or driveways, in accordance with Subsection 306-13.1, "Temporary Resurfacing," of the SSPWC. The asphalt concrete mixture for temporary trench resurfacing shall conform to Class D2 asphalt concrete conforming to Subsection 203-6.4.3, "Combined Aggregates and Reclaimed Asphalt Pavement(RAP)," of the SSPWC.All asphalt concrete trenches shall be thoroughly compacted by rolling and shall have a relative compaction of not less than 95 percent in accordance with Subsection 302-5.6.2, "Density and Smoothness,"of the SSPWC. Subgrade shall be compacted to 95% relative compaction. 2) Permanent Resurfacing. The Contractor shall repair and/or reconstruct all damaged improvements due to the Contractor's operations. Permanent resurfacing on streets to be reconstructed shall be included and paid for under various Bid Items on Part B, "Street Improvements,"of these Special Provisions. For trenches in areas where the existing pavement is to be milled 2-inch depth,the Contractor shall construct 4"thick of AC base course to join flush with the pavement surface after milling. Base Course shall consist of Type B PG-64-10 with 5.2 percent asphalt binder The AC base course shall be paid under Bid Item 19 above.
3) Sidewalk, Driveway and Other Concrete Repair. Concrete improvements damaged due to the construction of water main shall be repaired by the Contractor at his expense. No partial panel repair of sidewalk is allowed. Contractor shall replace minimum of a full panel of sidewalk. 4) Turf Areas: The top 12 inches of the trench shall be backfilled with 9"select soil materials and 3"topsoil.
Replace removed plants with the same kind or approved equal.
Payment for this Bid Item shall be made at the Contract Unit Price per lineal foot of CML&C Steel Pipe furnished and installed, including fittings(i.e., elbows, bends, tees, crosses, etc.), and all work specified above. Such payment shall be considered as full compensation for all work necessary as required herein, including material, labor, installation, overhead, and no additional compensation will be allowed therefor.
39. Furnish & Install 2" Copper Service Lateral and Connect to Existing Customer Service Utilizing City- Furnished Water Meter and Box(Long Run)
40. Furnish & Install 1" Copper Service Lateral and Connect to Existing Customer Service Utilizing City- Furnished Water Meter and Box(Long Run)
41. Furnish & Install 1" Copper Service Lateral and Connect to Existing Customer Service Utilizing City- Furnished Water Meter and Box(Short Ruh
Bid Items 45, 46 and 47 shall include furnishing and installing 1"copper service laterals, installing and placement of City-furnished water meters, boxes and covers, and reconnecting the system to the existing customer service line, as shown on the Plan.
The work shall include, but not be limited to, the furnishing of the corporation stop,welded coupling, copper pipe (Type K), curb stop, coupling(s), bushing(s), elbows, backflow, appurtenances, reducers, and all labor and equipment necessary to complete the work in accordance with City Standard Drawing No.W.03.
The Contractor shall sawcut, remove and replace existing AC pavement and PCC improvements where necessary to make the necessary work. Repair of the AC, landscape, and PCC for the service lateral shall be part of this bid item no additional compensation will be allowed. PCC repair limits will be determined by the Engineer. No partial sidewalk or cross gutter panel replacement will be allowed. Contractor shall replace minimum of a full panel of sidewalk or cross gutter, and minimum of 5 feet of curb and gutter where removed for new service laterals.
All other requirements for these Bid Items shall be the same as Bid Item 44 above.
Payment for these Bid Items shall be made at the contract unit price per each(EA)copper service lateral furnished and installed, including water meter connection/installation, placement of meter box and covers, and all work on the upstream and downstream ends of the water meter necessary for the proper operation of water system for customers. Connections to upstream customer side of water meter shall include moving laterally up to 10 feet, either side of existing water meter.
Such payment shall be considered as full compensation for furnishing all labor, materials, tools, equipment,time, and incidentals for doing all work involved and no additional compensation will be allowed therefor.
42. Furnish and Install 8"CML&C Class 300 Steel Water Laterals&Fittings The requirements for this Bid Item, including payment, shall be the same as Bid Item 38 of these Special Conditions.
43. Furnish&Install 8"Gate Valve per City Water Std. Dwq. No. W.07& W.09 Including Fittings This Bid Item shall include furnishing and installing 8"flanged gate valves and valve boxes, per City Standard Drawing W.07 and W.09, including but not limited to,the furnishing of all labor, materials,tools,welds, equipment, caps, operators, and bypasses necessary for connection to the water main.
The valve shall be resilient wedge(RVV)flanged gate valve conforming to American Water Works Association (AWWA)C509-94, except as modified and supplemented below. The valve shall have a ductile iron or cast iron body and cover, a non-rising, low zinc bronze valve stem with a minimum tensile strength of 60,000 psi,two 0- ring stem seals and a rubber resilient seat, permanently vulcanized and encapsulating the ductile iron or cast iron disc. The valve disc shall provide a one hundred percent(100%)bubble tight seal. The valve shall have a full opening flow way of equal diameter to that of the connecting pipe. The valve shall have a corrosion resistant, fusion-bonded epoxy coating(10-14 mils nominal thickness)inside and outside, in accordance with AWWA C550-90. Completed coating shall be free from all defects.
Unless specified otherwise, the valve shall have a minimum working pressure of 300 psi.
The valve stem shall be provided with a standard two-inch(2")square AWWA operating nut. The operating nut shall turn left(counterclockwise)to open the valve.
The valve flanges shall conform in dimensions and drilling to ANSI B16.1 Class 125 or ANSI/AWWA C110/A21.10-93, unless specified otherwise.
The gate valve shall be tagged by the manufacturer with the manufacturer's name, size, model number, pressure rating and other specialty features as listed above or specified by the owner. The valve shall be marked in accordance with AWWA specifications,to include name of manufacturer, year of manufacture, maximum working pressure and size of valve.
The Contractor shall identify the installation location of said valve and provide this information to the City Inspector. The Contractor shall provide manufacturer's certification that all materials used in the valve produced under AWWA 509-94; conform to Section 2.1 of said standard. In addition, the Contractor shall provide manufacturer's certification that the furnished coating conforms to the applicable requirements of AWWA C550-90 as specified in section 1.3 of said standard.
The aforementioned manufacturer's certification shall be provided to the City a minimum of five(5)working days prior to installing valves at the work site.
The valve box shall be provided for all valves,which are set in the ground and shall extend to the finished or established ground or paved surface in accordance with Standard Drawing W.6-7. Valve covers shall be raised and adjusted to grade after completion of final pavement surface course.
Flanges shall be in accordance with AWWA Standard Specification C207-94. Unless otherwise noted or shown or required for joining pipe to flanged valves and fittings, steel slip-on and welding neck flanges for flanged pipe joints shall be Class D or E.
Gaskets shall be full cut,with holes to pass bolts, or cut to fit inside bolts(ring gaskets)and shall be used on all flanged joints. Gasket material shall be 1/16-inch (1/16")thick, cloth-inserted rubber gasket material.
Bolts and nuts shall be carbon steel ASTM A 307, grades A or B. Bolts shall have regular unfinished square or hexagonal heads, and nuts shall have regular square or hexagonal dimensions, all in accordance with ANSI B18.2.1 for wrench head bolts and nuts and wrench openings. All bolts and nuts shall be threaded in accordance with ANSI B1.1 for screw threads, coarse-thread series, Class 2A and 2B fit.
Minimum bolt lengths shall be the sum of the mating flange thickness, the gasket, and the depth of the nut plus 1/8 inch (1/8")before torquing. If threaded rods are used,they shall be the same length as the aforementioned bolts, plus the depth of the nuts, plus 1/8 inch(1/8").
Valves shall be adjusted to the final finished pavement surface as part of this bid item, and no additional compensation will be allowed for adjusting the new valves to the final finished AC surface.
Payment for these items at the contract unit price for each(EA)gate valve furnished and shall be considered as full compensation for furnishing all labor, materials, tools, welds, equipment,time, and incidentals for doing all work involved in construction of this item, including excavation, disposal of all excavated materials, sheeting, dewatering, installation, bedding, backfill, compaction, compaction testing, pressure testing and disinfection, temporary and permanent trench resurfacing, all fittings not specifically included in separate bid items, raising and adjusting valves to final finished surface after paving operations are complete, and all appurtenances and work described and specified herein, and no additional compensation will be allowed therefore.
44. Furnish &Install 6"Fire Hydrant Assembly per City Water Std. Dwq. No. W.05 This item shall include furnishing and installing 6"fire hydrant, including all necessary fittings and materials(i.e., valves, valve boxes,adapters, CML&C pipe, and elbows, etc.), in accordance with City Standard Drawing W.05, including all reference drawings, as shown on the Plan, including all labor and equipment necessary to complete the work. Final locations the new fire hydrants shall be as directed by the Engineer in the field.
All other requirements for this Bid Item(trenching, backfill, compaction, trench repair, etc.)shall be the same as Bid Item 44 above.
Fire hydrants shall be painted in accordance with Section 310, "Painting,"of the SSPWC. The finish coat shall be painted in accordance with City Standard Drawing W6-4.
Blue reflective pavement markers shall be installed, as fire hydrant markers, in accordance with Section 81-3, "Reflective Pavement Markers,"of the Caltrans Standard Specifications upon completion of final paving.
Construction shall be scheduled so that existing fire hydrants are out of service for no longer than one working day.
Payment for this item shall be made at the Contract Unit Price per each (EA) Fire Hydrant Assembly installed and shall include the 6"CML&C lateral, connection of said lateral to the new 8"mainline; and all work performed and materials furnished from the connection point to the fire hydrant head, as described above and as shown on City Standard Drawing W.05 and all reference drawings for the proper operation of the fire hydrant. Such payment shall be considered as full compensation for all labor, materials,tools, equipment,time, and incidentals for doing all work involved in the construction of this item, and no additional compensation will be allowed therefor.
45. Remove, Salvage,and Deliver to City, Existing Fire Hydrant on Abandoned Main This item shall include removing, salvaging, and delivering to the City of Upland Public Works Yard, existing fire hydrant assembly as shown on the Plan, including all labor and equipment necessary to complete the work.
Contractor shall use proper care when removing and salvaging fire hydrants, pipelines, and other appurtenances, to avoid damage. All removed and salvaged items, including but not limited to, fire hydrant heads,valves, and valve boxes and covers, shall be delivered to the City of Upland Public Works Yard, unless otherwise directed by the City.
Payment for this item of work shall be made at the Contract Unit Price per each (EA)fire hydrant delivered to the City Yard and shall be considered as full compensation for all labor, materials,tools, equipment, time, and incidentals for doing all work involved in construction of this item, and no additional compensation will be allowed therefor.
46. Connect New 8"Water Main to Existing 8"Lateral
47. Connect New 8"Water Lateral to Existing 6"Lateral at Springfield Street(Hot Tap) Bid Items 52 and 53 consist of all work necessary for furnishing all material, labor,tools, and equipment necessary in making connections into existing water mains, as shown on the Plan, and as described in these Specifications. The work shall include, but is not necessarily limited to,furnishing of all required fittings,welds, reducers,flanges, equipment, and incidentals necessary to complete the work, as specified below:
Removal, disposal, and replacement of A.C. pavement and P.C.C. improvements. 1) Trench excavation, backfill, and compaction required to perform the connection work. Excavation shall meet all Cal-OSHA standards.
2) Temporary shutdown, customer notification, and dewatering of existing water system. 3) Furnishing and installation of pipe and fittings (i.e., tees, crosses, reducers, tapping sleeves, nipples, elbows, bends, adapters, reducers, flanges, etc.) necessary to perform the connection. 4) Restoration of any disturbed improvements (i.e., sidewalk, decorative paving, grass, flowers, planters, fences, etc.).
5) Removal of existing water main or portions thereof which interfere with the work, and abandonment per city requirements.
6) Furnishing and placement of A.C. pavement.
7) Placement, maintenance, and removal of temporary pavement.
Inconvenience to residents and/or business tenants during water main shutdown(s)shall be kept to a minimum at all times.
CONNECTIONS TO EXISTING FACILITIES:
The contractor shall make all the connections to existing pipelines as shown and all connections shall be made by methods shown unless otherwise approved by the Water Utility Inspector. The Contractor shall notify the Water Utility Inspector at least 3 working days in advance of the date on which he proposes to begin to make connection to the existing facilities. It is the Contractor's responsibility to give any residences or businesses affected by the shutdown, if any, a 24-hour written notice. The date, duration of the shutdown, and a brief description of the work being done shall be written on the notice. Notices will be provided by the City of Upland Water Division. All connections shall be made in the presence of the Water Utility Inspector.
The Contractor is advised that system shutdowns may be delayed depending on current system demand, valve malfunction(s), or other emergency situations. There will be no additional compensation for standby time or delay time if the City crew is unable to shut-down valves due to valve malfunction(s). Contractor should anticipate it may take City crews 2 to 3 hours to achieve a complete water shutdown.
All requirements of bid item for pipe installation shall also apply to this bid item.
Payment for these items shall be at a contract unit price bid per each (EA)connection constructed in place, including thrust blocks,welds, abandonment of existing pipe, reducer, pipe, fittings, removal of existing interfering pipe, excavation, export of excess materials, sheeting, dewatering, installation,welding, bedding, backfill, compaction, compaction testing, pressure testing and disinfection,temporary and permanent trench resurfacing, all fittings, abandonment of existing, and all appurtenances and work described and specified herein and no additional compensation will be allowed therefor.
48. Remove Existing Water Meter, Water Meter Box, and Cover
This item shall include the removal of existing water meters,water meter boxes, and covers, service laterals, and other related items within the parkway that will no longer be in service after the installation of the new water meters, boxes, and covers, as shown on the Plan. The City reserves the right to claim any salvageable material resulting from this work.
Prior to removal,the Contractor shall notify the City to identify any materials to be salvaged. Contractor shall take precautionary measures during removal to avoid any damage to materials to be salvaged.All salvaged items shall be delivered to the City of Upland Public Works Yard, unless otherwise directed by the City.All non- salvageable items shall be removed and disposed of by the Contractor.
The Contractor shall backfill all holes and depression resulting from the removal of the items stated above.
Backfill materials shall be clean native soil,free of AC and PCC rubble.
Payment for this item of work shall be made at the Contract Unit Price per each (EA)water meter, box and cover removed and shall be considered as full compensation for all labor, materials,tools, equipment, time, and incidentals for doing all work involved in construction of this item, and no additional compensation will be allowed therefor.
49. Cut,Plug,and Abandon Existing Water Main and Laterals:
This item shall include cutting portion of existing water main, and/or laterals, installing blind flange, closing of the existing valve to be abandoned, and all necessary work in connection with the abandonment of existing water line, as shown on the Plan, in accordance with City Standard Drawing No. W.10.
Payment for this item shall be made at the Contract Unit Price per each(EA)water line abandoned and shall be considered as full compensation for furnishing all labor, materials,tools, equipment,time, and incidentals for all costs related to the abandonment of existing water main, and no additional compensation will be allowed or paid for.
50. Construct PCC Encasement
This item may or may not be used.
This item shall include furnishing and installation of encasement with 3 sack slurry.All other requirements for this item shall be the same as the item for water main installation of these special provisions.
The encasement shall be carefully placed to form a continuous uniform support around the entire circumference of the pipe. Pipes encased in concrete shall be securely anchored to prevent movement of the pipe during concrete placement.
The quantities shown on the Proposal are for bidding purposes only. The City reserves the right to increase or decrease these quantities without any change to the Contract Bid Item Price.
Payment for these items at the contract unit price per each(EA) location encased as shown on the plans and shall be considered as full compensation for furnishing all labor, materials, tools, equipment,time, and incidentals for doing all work involved in construction of this item, and no additional compensation will be allowed therefor.
51. Furnish&install 6"Blowoff Valve Assembly
This item may or may not be used.
This Bid Item shall include furnishing and installing a new Blow-off per City Water Standard Drawing No.W.12, W.09, &W.7. Location of the new Blow-off assembly shall be as directed by the Engineer in the field.
All other requirements for this item shall be the same as Item for pipe and valve installation of these Special Provisions.
The quantities shown on the Proposal are for bidding purposes only. The City reserves the right to increase or decrease these quantities without any change to the Contract Bid Item Price.
Payment for these items at the contract unit price per each(EA) Blow-off assembly furnished and installed in place and shall be considered as full compensation for furnishing all labor, materials, tools, equipment,fittings, valve, pipe,time, and incidentals for doing all work involved in construction of this item, and no additional compensation will be allowed therefor.
52. Furnish&Install 2"AV/AR Valve Assembly
This item may or may not be used.
This item shall include furnishing and installing a new 2"Air Release Valve per City Water Standard Drawing No.
W.13 and W.14, as shown on the Plans. Location of the new Air Release Valves shall be as directed by the Engineer in the field.
All other requirements for this item shall be the same as Item for pipe installation and valve installation of these special provisions. The quantities shown on the Proposal are for bidding purposes only. The City reserves the right to increase or decrease these quantities without any change to the Contract Bid Item Price.
Payment for these items at the contract unit price per each 2"Air Release Valve furnished and installed in place and shall be considered as full compensation for furnishing all labor, materials,tools, equipment,time, and incidentals for doing all work involved in construction of this item, and no additional compensation will be allowed therefor.
The work listed in the Schedule above shall include the furnishing of all labor, materials, time, tools, equipment, and incidentals necessary to complete the improvements. The successful Contractor, if a Contractor is to be selected at the City's sole discretion, shall be required to submit a Certificate of Insurance naming the City of Upland as additional insured, submit a Labor & Materials Bond in an amount equal to 100% of the Contractor's total price quoted on this form, and shall enter into an Agreement in conformance with the form as attached to this RFQ. In addition, the following shall apply:
• Working hours shall be 7:00 a.m. to 3:30 p.m., Monday through Friday. No work shall take place on Saturday, Sunday, and recognized City holidays. • Payment shall be made based upon progress of work completed. Progress of work completed is at the City's sole discretion.
• Prevailing Wages are required for this work in accordance with the California Labor Code.
Certified electronic payroll records for the prime contractor and all subcontractors shall be submitted to the City and the Labor Commissioner (aka Division of Labor Standards Enforcement) for each payroll period when work is in progress.
COMPANY NAME OF QUOTER: SIGNATURE OF PERSON AUTHORIZED TO SIGN DATE OF QUOTATION:
QUOTATIO
Gentry efothers, Inc.
STREET ADDRESS. 384 E Live Oak Ave SIGNER:
Irwindale,Ca 91706 NAME(Print): ELEPI-IONF:
qieeilleoote/ /7. '3''i63i
CITY: STATE: ZIP CODE: TITLE(Print): I V cc--pg /DArr
Enclosures:
• Mulberry Ave Project Drawings Sheets 1 through 7
otr vA
c',ti " tad
Cr :,. . 6 CALIFORNIA LEVINE ACT DISCLOSURE STATEMENT �.i v, vtxFov.vO
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.uplancica.govicitv-cou n cil-treasure r
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?
^_17 If yes, please identify the Council Member(s):
VNO
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? 5 If yes, please identify the Council Member(s):
w 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.
V- 7- 2 6' "----.2./(2.--------..
Date ,5' nature of authorized individual
GENTRY BROTHERS 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 Req 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 I 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 1$438.3 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<�°F °p`q� CITFUP LAND
o "The City of Gracious Living"
- -
DATE: April 13,2026
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:DAMIEN ARRULA,ASSISTANT CITY MANAGER
RICHARD GONZALES,DEPUTY DIRECTOR OF PUBLIC WORKS-UTILITIES
NICOLE DEMOET,ENVIRONMENTAL COMPLIANCE PROGRAMS MANAGER
EMILY SAUCEDO,MANAGEMENT ANALYST
SUBJECT: CONSIDER ADOPTING RESOLUTIONS APPROVING THE CITY OF UPLAND UTILITIES
RESERVE POLICIES FOR WATER AND SEWER
RECOMMENDED ACTION:
It is recommended that the City Council adopt a Resolution approving the City of Upland Water Reserve Policy for Fiscal Year 2025-26 and adopt a Resolution approving the City of Upland Sewer Reserve Policy for Fiscal Year 2025- 26;and receive and file the presentation.
GOAL STATEMENT
The proposed action supports the City's goal of fiscal responsibility,infrastructure reliability,regulatory compliance, and long-term financial sustainability for the City's enterprise utility operations.
BACKGROUND
The City of Upland provides potable water, recycled water, and wastewater collection services through separate enterprise funds.These enterprise funds are financially self-supporting and rely primarily on user rates and charges to fund operations,capital improvements,regulatory compliance,debt service,and reserve requirements.
No formally adopted Water Fund or Sewer Fund reserve policies have existed prior to this action. Historically, the Utilities Division has relied upon the City's General Fund Reserve Policy for general financial guidance. However, enterprise utilities operate under different financial risk profiles,capital reinvestment cycles,regulatory requirements, and revenue volatility conditions than general governmental operations.
The development of these utility-specific reserve policies follows the most comprehensive water,recycled water,and wastewater master planning process undertaken by the Public Works Utilities Division to date, followed by an extensive rate study process. These efforts identified long-term infrastructure replacement needs,regulatory drivers, capital investment schedules,and financial sustainability benchmarks.
In developing these policies,staff conducted comparative analysis with cities adjacent to the City of Upland and other regional agencies with similar utility structures to ensure reserve targets align with industry best practices and regional standards.
ISSUES AND ANALYSIS
The proposed policies establish clear reserve classifications,target funding levels,replenishment provisions,and reporting requirements.These policies strengthen financial resilience,minimize rate volatility,and support long- term infrastructure reinvestment.
Water Fund Reserve Titles include:
Reserve Title Target Level-Minimum Usage Target Level-Maximum Debt Service Reserve Equal to the amount Debt service expenditures Equal to the amount required by each required by each
applicable debt service applicable debt service
agreement agreement
Operating Reserve 20%of annual operating To offset unanticipated 40%of annual operating expenses revenue losses or to delay expenses or moderate necessary rate
adjustments
Rate Stabilization Reserve 10%of annual operating To offset unanticipated 50%of annual operating revenues revenue losses or to delay revenues or moderate necessary rate
adjustments
Capital Reserve 1 years of planned capital Capital Project 3 years of planned capital expenditures expenditure and expenditures
emergency capital needs
Per-and polyfluoroalkyl 3%of annual operating Approved projects and to 50%of annual operating Substances(PFAS) expenses address PFAS expenses Reserve contamination
1,2,3-Trichloropropane Equal to any funds Approved projects or to Equal to any funds Substances(TCP)Reserve received from any TCP address TCP received from any TCP litigation contamination. litigation
Sewer Fund Reserve Titles include:
Reserve Title Target Level-Minimum Usage Target Level-Maximum Debt Service Reserve Equal to the amount Debt service expenditures Equal to the amount required by each required by each
applicable debt service applicable debt service
agreement agreement
Operating Reserve 20%of annual operating For temporary cash flow 40%of annual operating expenses needs,emergency system expenses
repairs,or to maintain
uninterrupted service _
Rate Stabilization Reserve 10%of annual operating To offset unanticipated No maximum level is revenues revenue losses or to established
stabilize rates impacted by
outside agency cost
increases
Capital Reserve 1 year of planned capital Capital Project 2 years of planned capital expenditures expenditure and expenditures
emergency capital needs
ENVIRONMENTAL DETERMINATION
Adoption of these policies is not a project under CEQA pursuant to Section 15378,as it constitutes an administrative and fiscal action that does not result in a physical change in the environment
FISCAL IMPACTS
Adoption of these policies formalizes structured financial management practices that protect operating solvency, support infrastructure reinvestment,and enhance long-term fiscal sustainability.Below is the proposed appropriation of funds based on current Water and Sewer fund balances.
Water Fund Balance$62,479,250
Proposed Appropriation:
Reserve Title Proposed Reserve Level Target Level-Minimum Target Level-Maximum Debt Service Reserve $15,494,120 $15,494,120 $15,494,120 Operating Reserve $13,095,390 $7,078,590 $14,157,180 Rate Stabilization Reserve $ 8,232,440 $3,292,980 $16,464,880 Capital Reserve $17,771,780 $10,995,100 $29,102,430
Per-and polyfluoroalkyl
Substances(PFAS) $ 1,061,790 $ 1,061,790 $17,696,480 Reserve
1,2,3-Trichloropropane $6,823,730 $6,823,730 $ 6,823,730 Substances(TCP)Reserve
Sewer Fund Balance$14,364,630
Proposed Appropriation:
Reserve Title Proposed Reserve Level Target Level-Minimum Target Level-Maximum Debt Service Reserve* $0 $0 $0
Operating Reserve $7,717,720 $3,858,860 $ 7,717,720 Rate Stabilization Reserve $4,771,910 $3,201,670 $6,403,340 Capital Reserve $ 1,875,000 $ 600,000 $ 1,875,000 *At present,the sewer fund carries no outstanding debt,and therefore no debt service reserve is applicable
ALTERNATIVES
Provide alternative direction to staff.
CEQA:Not a Project.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UPLAND, CALIFORNIA APPROVING THE CITY OF UPLAND
WATER FUND RESERVE POLICY FOR FISCAL YEAR 2025-
2026
WHEREAS, The City of Upland owns and operates a municipal water utility and recognizes that access to clean, reliable water is essential to public health, safety, economic vitality, and environmental sustainability; and WHEREAS, The City Council recognizes the importance of maintaining adequate financial reserves to ensure continuity of operations, address emergencies, ensure regulatory compliance, stabilize rates and fund capital improvements; and
WHEREAS, The City further recognizes emerging and ongoing regulatory requirements related to contaminants such as 1,2,3-Trichloropropane (TCP) and Per- and Polyfluoroalkyl Substances (PFAS), which may require significant monitoring, treatment, treatment, capital investment, and operational expenditures; and
WHEREAS, prudent fiscal and environmental stewardship requires proactive planning to ensure adequate water reserves during periods of drought, emergency, infrastructure failure, or supply interruption; and WHEREAS, The City Council finds that adoption of a formal Water Utility Reserve Policy promotes transparency, fiscal responsibility, long-term infrastructure planning, and sustainability in municipal water management; and WHEREAS, pursuant to Governmental Accounting Standards Board Statement No. 54, an action of the City Council is necessary to commit budget amounts in various funds for the specific purposes they intended; and WHEREAS, City Staff and City Council have reviewed the Reserve Policy and desire to affirm the policy at this time.
NOW, THEREFORE, the City Council of the City of Upland hereby finds, determines and resolves as follows:
Section 1. The above recitals are true and correct and are incorporated herein by this reference.
Section 2. The City Council does hereby approve and adopt the Water Fund Reserve Policy attached hereto as 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)
Resolution No.
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 13th day of April, 2026.
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 13th day of April, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
Keri Johnson, City Clerk
CITY OF UPLAND
WATER FUND CASH RESERVE POLICY
Effective Date: [XXXXX]
Applies to:Water (Inclusive of Recycled Water) Fund
Purpose
The City of Upland provides clean, quality drinking water to its residents and community members every day. Maintaining adequate reserves is an essential part of sound financial management. The purpose of this policy is to ensure the Water Fund's financial stability and establish a procedure for allocating unrestricted fund balance into adequate committed reserves.Reserves shall be managed to provide financial stability, maintain service reliability, and support the City's long-term capital improvement plans while minimizing significant rate fluctuations due to unforeseen circumstances.
Periodic Review and Reporting
This Water Fund Cash Reserve Policy and the appropriate level of reserves shall be reviewed and approved by the City Council at least every other year during the biannual budget process.The Public Works and Administrative Services Departments will continue to monitor reserve balances year- round to maintain healthy reserve levels.Actual Water Fund reserve balances shall be reported to the City Council at least annually as part of the Annual Comprehensive Financial Report (ACFR). The Public Works Department and Finance Division of the Administrative Services Department shall convene annually to evaluate and determine the allocation of fund balance in accordance with identified needs and established priorities for the applicable fiscal year.
Reserve Fund Types
The City of Upland maintains the following reserve funds for the Water Fund:
Legally Restricted Reserves
• Debt Service Reserve
Purpose: To comply with bond indentures, loan covenants, or other legal financing requirements, ensuring that sufficient funds are available to make required debt service payments.
Target Level: Equal to the amount required by each applicable debt service agreement; in the Construction Installment Sale Agreement with the State Water Resources Control Board, total outstanding principal balance.
Use of Funds:Funds in the Debt Service Reserve shall be held and managed in legally required reserve accounts.
Unrestricted Reserves
• Operating Reserve
Purpose: To provide sufficient working capital for day-to-day operations and to maintain essential services during periods of revenue shortfall,emergency,or unforeseen expenditure.
Target Level: Minimum of twenty percent (20%) and maximum of forty percent (40%) of annual operating expenses,based on the most recently adopted budget.
Use of Funds: May be used for temporary cash flow needs, emergency repairs, or to maintain uninterrupted service during financial instability.
• Rate Stabilization Reserve
Purpose: To mitigate large or unexpected rate increases and absorb short-term revenue reductions due to economic conditions,consumption changes,or other extraordinary events.
Target Level:Minimum of ten percent(10%)and maximum of fifty percent(50%)of annual operating revenues,based on the most recently adopted budget.
Use of Funds: May be used to offset unanticipated revenue losses or to delay or moderate necessary rate adjustments.
• Capital Reserve
Purpose: To provide funding for the replacement,rehabilitation,or renewal of existing capital assets consistent with the City's adopted Capital Improvement Program (CIP).
Target Level: Equal to a minimum of one (1) year of planned capital expenditures identified in the Water Fund's five-year CIP,up to a maximum of three(3)years of planned capital expenditures.
Use of Funds: May be appropriated by the City Council to fund approved projects or to address emergency capital needs.
• Per-and polyfluoroalkyl Substances (PFAS) Reserve
Purpose: To provide funding for the removal technologies and treatment systems to address PFAS contamination and maintain compliance.
Target Level: Minimum of three percent (3%) and maximum of fifty percent (50%) of annual operating expenses,based on the most recently adopted budget.
Use of Funds:May be appropriated by the City Council to fund approved projects or to address PFAS contamination.
• 1,2,3-Trichloropropane Substances (TCP) Reserve
Purpose: To provide funding to construct granular activated carbon treatment facilities at City wells that are affected by TCP contamination and to construct and acquire other capital improvements.
Target Level: Equal to any funds received from any TCP litigation.
Use of Funds: May be appropriated by the City Council to fund approved projects or to address TCP contamination.Target Level: Minimum of twenty-five percent (3%) and maximum of fifty percent (50%) of annual operating expenses,based on the most recently adopted budget.
Replenishment of Unreserved Fund Balance
At year-end, should actual revenues exceed expenditures, the resulting operating surplus shall be distributed to replenish any reserve below its target level. If any reserve balance falls below the minimum target,a replenishment plan shall be adopted to restore the reserve within two (2) fiscal years. Once all reserves meet their minimum funding levels,excess surplus may be used to fund one-time capital projects,pay down debt,or offset future rate adjustments.
City of Upland
Water Utility Fund
Fund Balance Reservations
Audited Unreserved Fund Balance-06/30/25 $ 62,479,250 1 Current Minimum Maximum/
Reserve Reserve Target
Updated:02/09/26 Level Level Reserve level Debt Service Reserve
Legal financing requirement -State Water Resources Control Board $ 15,494,120 $ 15,494,120 $ 15,494,120 Remaining unreserved fund balance 46,985,130
Operating Reserve
%age of annual operating expenses,based on the most recently adopted budget.
Minimum 20%,maximum 40%,current level proposed at 37%.
$ 13,095,390 $ 7,078,590 $ 14,157,180
Remaining unreserved fund balance 33,889,740
Rate Stabilization Reserve
%age of annual operating revenues,based on the most recently adopted budget.
Minimum 10%,maximum 50%,current level proposed at 25%(FY25 actuals used for this calculation). $ 8,232,440 $ 3,292,980 $ 16,464,880 Remaining unreserved fund balance 25,657,300
Capital Reserve
Minimum of one(1)year planned CIP expenditures,maximum three(3)years,current level proposed at over one(1)years. $ 17,771,780 $ 10,995,100 $ 29,102,430 Remaining unreserved fund balance 7,885,520
PFAS Remediation and Compliance Reserve
%age of annual operating expenses,based on the most recently adopted budget.
Minimum 3%,maximum 50%,current level proposed at 3%. $ 1,061,790 $ 1,061,790 $ 17,696,480 Remaining unreserved fund balance 6,823,730
1, 2,3 TCP Remediation and Compliance Reserve
Current level funded at$6.8 million-legal settlement received in FY2022,target level to be determined with the onset of remediation projects. $ 6,823,730 $ 6,823,730 $ 6,823,730 Remaining unreserved fund balance (0.00)
Source:FY 2024-25 Annual Comprehensive Financial Report 1 Unreserved Fund Balance is the net of Total Current Assets less Inventory and Prepaid Items,Cash with Fiscal Agent,Advances to Other Funds,and Total Current Liabilities less Unamortized Bond Premium. 4/7/2026 M:\ACCOUNTING SUPERVISOR\0_WATER_SEWER RESERVES\Water ReservesFB Rerservation_040726 Page 2496479
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UPLAND, CALIFORNIA APPROVING THE CITY OF UPLAND
SEWER FUND RESERVE POLICY FOR FISCAL YEAR 2025-
2026
WHEREAS, The City of Upland owns and operates a municipal sewer (wastewater) utility that provides collection, treatment, and disposal services to protect public health and the environment; and
WHEREAS, The City Council recognizes the importance of maintaining adequate financial reserves to ensure continuity of operations, regulatory compliance, stabilize rates and fund capital improvements; and WHEREAS, The City Council finds that adoption of a formal Sewer (wastewater) Reserve Policy promotes transparency, fiscal responsibility, long- term infrastructure planning, and sustainability in municipal sewer (wastewater) management; and
WHEREAS, pursuant to Governmental Accounting Standards Board Statement No. 54, an action of the City Council is necessary to commit budget amounts in various funds for the specific purposes they intended; and WHEREAS, City Staff and City Council have reviewed the Reserve Policy and desire to affirm the policy at this time.
NOW, THEREFORE, the City Council of the City of Upland hereby finds, determines and resolves as follows:
Section 1. The above recitals are true and correct and are incorporated herein by this reference.
Section 2. The City Council does hereby approve and adopt the Sewer Fund Reserve Policy attached hereto as 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,
Resolution No.
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 13th day of April, 2026.
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 13th day of April, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
Keri Johnson, City Clerk
CITY OF UPLAND
SEWER FUND CASH RESERVE POLICY
Effective Date: [XXXXX]
Applies to: Sewer Utility Fund
Purpose
The City of Upland provides essential wastewater collection and conveyance services to its community. Maintaining adequate reserves is a critical part of responsible utility management. This policy ensures the Sewer Fund's financial stability while accounting for external cost factors such as outside agency treatment and disposal rates. Reserves shall be managed to promote service reliability, support long-term capital planning, and minimize rate fluctuations resulting from cost changes or unforeseen events.
Periodic Review and Reporting
This Sewer Fund Cash Reserve Policy and reserve levels shall be reviewed and approved by the City Council at least every other year during the biannual budget process. The Public Works and Administrative Services Departments will monitor reserve balances throughout the year and report them to the City Council at least annually as part of the Annual Comprehensive Financial Report(ACFR).The Public Works Department and Finance Division of the Administrative Services Department shall convene annually to evaluate and determine the allocation of fund balance in accordance with identified needs and established priorities for the applicable fiscal year.
Reserve Fund Types
The City of Upland maintains the following reserve funds for the Sewer Fund:
Legally Restricted Reserves
• Debt Service Reserve
Purpose: To comply with bond indentures, loan covenants, or other financing requirements ensuring that sufficient funds are available to make required debt service payments.
Target Level: Equal to the amount required by each applicable debt service agreement, typically one (1)year of minimum annual debt service.
Use of Funds: Funds in the Debt Service Reserve shall be held and managed in accordance with the applicable bond or loan document. Interest earnings shall be applied to the related debt service cost unless otherwise restricted by covenant.
Unrestricted Reserves
• Operating Reserve
Purpose: To provide sufficient working capital for daily operations and to maintain essential wastewater services during revenue shortfalls, emergencies, or unforeseen expenditure needs.
Target Level: Minimum of twenty percent (20%) and maximum of forty percent (40%) of annual operating expenses,based on the most recently adopted budget.
Use of Funds: May be used for temporary cash flow needs, emergency system repairs, or to maintain uninterrupted service.
• Rate Stabilization Reserve
Purpose: To mitigate large or unexpected rate increases and absorb temporary revenue reductions or expense increases caused by economic conditions, consumption changes, or increases in outside agency treatment and disposal rates.
Target Level: Minimum of ten percent (10%) of annual operating revenues. No maximum level is established.
Use of Funds: May be used to offset unanticipated revenue losses or to stabilize rates impacted by outside agency cost increases.
• Capital Reserve
Purpose:To provide funding for the replacement,rehabilitation,or renewal of existing sewer infrastructure consistent with the City's adopted Capital Improvement Program (CIP).
Target Level: Equal to up to a minimum of one (1) year of planned capital expenditures identified in the Water Fund's five-year CIP,to a maximum of two (2)years of planned capital expenditures,to prevent indefinite accumulation.
Use of Funds: May be appropriated by the City Council to fund approved projects or to address emergency capital needs.
Replenishment of Unreserved Fund Balance
At year-end, if actual revenues exceed expenditures,the resulting operating surplus shall be distributed to replenish any reserve below its target level. If any reserve balance falls below the minimum target,a replenishment plan shall be adopted to restore the reserve within two (2) fiscal years. Once all reserves meet their minimum funding levels, excess surplus may be used to fund one-time capital projects,pay down debt,or offset future rate adjustments.
City of Upland
Sewer Utility Fund
Fund Balance Reservations
Audited Unreserved Fund Balance-06/30/25 $ 14,364,630 1 Maximum/
Current Minimum Target Reserve
Operating Reserve Reserve Level Reserve Level level %age of annual operating expenses,based on the most recently adopted budget.
Minimum 25%,maximum 50%,current level proposed at 50%.
$ 7,717,720 $ 3,858,860 $ 7,717,720
Remaining unreserved fund balance 6,646,910
Rate Stabilization Reserve
%age of annual operating revenues,based on the most recently adopted budget.
Minimum 25%,maximum 50%,current level proposed at 37%(FY25 actuals used for this calculation). $ 4,771 910 $ 3,201 670 $ 6,403,340 Remaining unreserved fund balance 1,875,000
Capital Reserve
Minimum of one(1)year planned CIP expenditures,maximum three(3)years, current level proposed at three(3)years. $ 1,875,000 $ 600,000 $ 1,875,000 Remaining unreserved fund balance 0
Source: FY 2024-25 Annual Comprehensive Financial Report 1 Unreserved Fund Balance is the net of Total Current Assets,Advances to Other Funds,and Total Current Liabilities. 1/5/2026 M:\ACCOUNTING SUPERVISOR\O_WATER_SEWER RESERVES\Sewer ReservesFB Rerservation_010526 Page 252130M479
Utility Reserve
PoLicies - �.
4s#
and S Na-
,
CityCouncil Meeting
!!1 r� � ~
g
11 April 13, 2026 ' A
MAllON NA OF THE TR0.IL
t*
44 Damien R. Arrula, City Manager Mana er 4'011 Stephen Parker, Assistant City Manager
Richard Gonzales, Deputy Director of Public Works- Utilities
Presentation Overview
pF UPL
fr 17:
• Why We' re Here �LrFOR��
• How We Got Here
• Water Reserve Policy
• Sewer Reserve Policy
• Comparative Analysis
• Fiscal Impact
• Recommendation
WhyWe ' reHere
pF UPL
Tfj!
LrFOR
• The Cityrecognizes the importance of maintainingadequate �
financial reserves to ensure continuity of operations, address emergencies, ensure regulatory compliance, stabilize rates and fund capital improvements
• The adoption of formal Utility Reserve Policies promotes transparency, fiscal responsibility, long-term infrastructure planning, and sustainability in municipal utility management • The City has not previously established a comprehensive Utility Reserve Policy; adoption would represent the first in the City's history.
How We Got Here
Rate Setting Methodology �4� pF
7 • As part of the rate study process, the City undertook an evaluation of strategies to ensure optimal value for ratepayers. • A comprehensive understanding of utility reserves was identified as essential to informing the development of an appropriate rate structure.
• This approach supports the establishment of a balanced and sustainable overall rate framework.
• It further enhances the ability to develop accurate rate projections, thereby reducing reliance solely on ratepayer contributions.
How We Got Here
Rate Study Fund Balance Analysis , ov Upz (C:114:1\. 11151%;:
Water Wastewater °�zrFOos.q,
Fund Balances Fund Balances
$ . $16
g S70 v $14 $134 ,123 024
I
$ 551.7 2 0 $11 $10
4 Si
FY 2024 FT 1O?7 FY 2028 FY Zp2.9 FY 2030 Fr .2 Pr Zan FY 2Jan FY zU2S1 FY 2C1341 .Ending Balance =Reserve Target - Min —Reserve Target - M.,x Endlrrg Balance =Re€erve Target-fVMln —Reserve Target-NEax • The fund balance graphs depict projected balances over time compared to proposed reserve levels, providing insight to set realistic thresholds, maintaining fiscal stability, and guiding adjustments to reserve policies for effective risk management.
How We Got Here
Water Master Plan Mainline Replacement Evaluation �4 of' upe., 74: •
4410,1
10° 10°,°0° • The graph illustrates projected water a 90 ' , 90,000 a mainline replacement needs over time 80 11
80,000 i • It shows significant peaks in the
E 70 i 70,000 cal,'
m 60 i� 60,c0 mu periods 2025-2030 and 2075-2080, 50 I � 50,000 where replacement demand reaches O• 40 .. 40000 Si approximately 90 miles. a 30 • 30,000 to
• 20 • 20,000 • Between these peaks, replacement 101 •
�.. �.-�`~ -. 10,�0 needs fluctuate at lower levels, with a ° notable dip around 2050-2060 030 o'y ot° ott, o`5 o`,`h o`�' o`°y oP o't, o�° �61, tio� p tip` tip` p �o� ,igf , p tio� indicating a temporary reduction in Length of Pipe due for Replacement(miles) ---Average length per year(ft) system renewal demand before increasing again in later years.
How We Got Here
Wastewater Master Plan Mainline Replacement Evaluation 4 OF tr.P. 7rC:t1,.,,
A r,,.
50 50,000 • The graph shows projected wastewater 45 4 45,000 a mainline replacement needs gradually .1 40 ' 4D,DDD 1 increasing over time, with relatively low 1 c 35 , % I 35.DDD replacement demands in the early 30 � % 30,000 _ years before rising more significantly 25 ; 25,000 o after 2050.
I <
20 I I i 20,000 o • The highest e a k occurs in t h e 2 0 6 0— 0 15 1 ; , 15,000 o
p
01D '' 1D,DDD 2065 period at approximately 45 miles, 5 ,•e 5,000 I f Q followed by another substantial 0 �''�-----'1 0 increase in 2075-2080, indicating long- / °�� °� °� °� °hh °�h °°° term infrastructure renewal needs ,,s cr y L °'ti v cs <rs cr V Cry 4S`L �°ti tic for �� �c �e ry°d �d)' �d ry°� ry6 Length of pipe due for replacement(miles) ---Averagelengthperyear(ft) concentrated in the later planning horizon . Page 261 of 479
pFUpL
6s41°Iirr414d
4t,
�1LzPOR$S
Water Reserve PoLicy
Purpose and Use of Funds
Water Reserve Policy
°F UPL
c'fier\
• Debt Service Reserve LrF°R
• Purpose: To comply with bond indentures, loan covenants, or other legal financing requirements, ensuring that sufficient funds are available to make required debt service payments.
• Use of Funds: Funds in the Debt Service Reserve shall be held and managed in legally required reserve accounts.
• Operating Reserve
• Purpose: To provide sufficient working capital for day-to-day operations and to maintain essential services during periods of revenue shortfall, emergency, or unforeseen expenditure.
• Use of Funds: May be used for temporary cash flow needs, emergency repairs, or to maintain uninterrupted service during financial instability.
Water Reserve Policy
°F UPL
c'fier\
,..w a*,;
• Rate Stabilization Reserve LrF°R
• Purpose: To mitigate large or unexpected rate increases and absorb short-term revenue reductions due to economic conditions, consumption changes, or other extraordinary events.
• Use of Funds: May be used to offset unanticipated revenue losses or to delay or moderate necessary rate adjustments.
• Capital Reserve
• Purpose: To provide funding for the replacement, rehabilitation, or renewal of existing capital assets consistent with the City's adopted Capital Improvement Program (CIP) .
• Use of Funds: May be appropriated by the City Council to fund approved projects or to address emergency capital needs.
Water Reserve Policy
pF UPL
:17 r:
v..
• Per- and polyfluoroalkyl Substances ( PFAS) Reserve • Purpose: To provide funding for the removal technologies and treatment systems to address PFAS contamination and maintain compliance. • Use of Funds: May be appropriated by the City Council to fund approved projects or to address PFAS contamination .
• 1 , 2, 3-Trichloropropane Substances (TCP) Reserve • Purpose: To provide funding to construct granular activated carbon treatment facilities at City wells that are affected by TCP contamination and to construct and acquire other capital improvements. • Use of Funds: May be appropriated by the City Council to fund approved projects or to address TCP contamination .
pF UpL
6s4e°IirrIt
4t,
1LzPOR$S
Sewer Reserve Policy
Purpose and Use of Funds
Sewer Reserve Policy
pF UPL
...„.
• Debt Service Reserve �LrFOR�� • Purpose: To comply with bond indentures, loan covenants, or other financing requirements ensuring that sufficient funds are available to make required debt service payments.
• Use of Funds: Funds in the Debt Service Reserve shall be held and managed in accordance with the applicable bond or loan document. Interest earnings shall be applied to the related debt service cost unless otherwise restricted by covenant.
• Operating Reserve
• Purpose: To provide sufficient working capital for daily operations and to maintain essential wastewater services during revenue shortfalls, emergencies, or unforeseen expenditure needs.
• Use of Funds: May be used for temporary cash flow needs, emergency system repairs, or to maintain uninterrupted service.
Sewer Reserve Policy
pF(( . T \
• Rate Stabilization Reserve
• Purpose: To mitigate large or unexpected rate increases and absorb temporary revenue reductions or expense increases caused by economic conditions, consumption changes, or increases in outside agency treatment and disposal rates.
• Use of Funds: May be used to offset unanticipated revenue losses or to stabilize rates impacted by outside agency cost increases. • Capital Reserve
• Purpose: To provide funding for the replacement, rehabilitation, or renewal of existing sewer infrastructure consistent with the City's adopted Capital Improvement Program (CIP) .
• Use of Funds: May be appropriated by the City Council to fund approved projects or to address emergency capital needs.
pFtJ3
zipt
!-, %
1LzPOR$S
ComparativeAnalysis
Components and Target Levels
Peer AAgency Benchmarking
Components
Agency Debt Operating Rate Capital TCP PFAS Service Stabilization
Colton ✓
Cucamonga Valley V V V
Water District
• Inland Empire Utilities V V V Agency
Jurupa Communities V V V
Services District
La Verne V V
Monte Vista Water V
District
tior pz Ontario V V
ti U ��
C.) \ -- 4,
I d Pomona
ol444)0sqv Upland
Nagel/Uof4/9
Peer AAgency Benchmarking
Upland Proposed Target Levels
Agency Debt Service Operating Rate Capital TCP PFAS Stabilization
Upland- Equal to the amount 20% Min 10% Min 1 Year of Equal to any funds 3% Min Water required by each 40% Max 50% Max Capital received from any 50% Max applicable debt service expenditures TCP litigation agreement Min
3 Years of
Capital
expenditures
Max
Upland- Equal to the amount 20% Min 10% Min 1 Year of N/A N/A Sewer required by each 40% Max Capital
applicable debt service expenditures
agreement Min
2 Years of
Capital
44, or 1.1
1:4
414, expenditures
�� d Max
: .- 'a
"y, ., * Figures are subject to revision in accordance with the adopted budget 444)0
pF Up
p211041E16„
14),
2"
IL/Foil°
Fiscal
Fund Balance and Proposed Appropriation
Proposed Fund App pro riation
Water Fund Balance $62,479,250
Reserve Title Proposed Reserve Target Level- Target Level- Level Minimum Maximum
Debt Service Reserve $15,494,120 $15,494,120 $15,494,120 Operating Reserve $13,095,390 $ 7,078,590 $14,157,180 Rate Stabilization Reserve $ 8,232,440 $ 3,292,980 $16,464,880 Capital Reserve $17,771 ,780 $10,995,100 $29,102,430 Per- and polyfluoroalkyl $ 1 ,061 ,790 $ 1 ,061 ,790 $17,696,480 Substances (PFAS)
Reserve
4oF Upz 1 , 2, 3-Trichloropropane $ 6,823,730 $ 6,823,730 $ 6,823,730 I,4t'41°
Substances (TCP)
Reserve
rV
40r * Figures are subject to revision in accordance with the adopted budget 444,00
Proposed Fund App pro riation
Sewer Fund Balance $14,364,630
Reserve Title Proposed Reserve Target Level- AIIITarget Level- Level Minimum Maximum
Debt Service Reserve* $ 0 $ 0 $ 0 Operating Reserve $ 7,717,720 $ 3,858,860 $ 7,717,720 Rate Stabilization Reserve $ 4,771 ,910 $ 3,201 ,670 $ 6,403,340 Capital Reserve $ 1 ,875,000 $ 600,000 $ 1 ,875,000 * At present, the sewer fund carries no outstanding debt, and therefore no debt service reserve is applicable * Figures are subject to revision in accordance with the adopted budget orUp,
itt
Staff Recommendation
• Adoption of the proposed Water Reserve Policy and Sewer Reserve Policy, implementation of related
resolutions, and implementation of proposed reserve appropriations
or UpL
At
,,,4' \ 1:4,,
3 d
4<�°v °p`qt CITFUP LAND
o "The City of Gracious Living"
- -
DATE: April 13,2026
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:DAMIEN R.ARRULA,ASSISTANT CITY MANAGER
JESSICA GORDON,DEPUTY PUBLIC WORKS DIRECTOR—OPERATIONS
RICHARD SMIDERLE,PUBLIC WORKS OPERATIONS MANAGER
BRETT LANCE,CITY ARBORIST
SUBJECT: CONSIDERATION OF CITYWIDE LANDSCAPE ENHANCEMENT AND AWARD OF FOUR
LANDSCAPE MAINTENANCE SERVICES AGREEMENTS
RECOMMENDED ACTION:
It is recommended that the City Council approve the following: 1)Award a Parks Landscape Maintenance Services agreement to Landscape West Management Services for the term of July 1, 2026,through June 30,2029, for a total amount of$2,133,270.00 plus an amount up to 10%for unforeseen expenses upon City Manager approval;2)Award a City Facilities Landscape Maintenance Services agreement to Elite Maintenance and Tree Services for the term of July 1, 2026, through June 30, 2029, for a total amount of$197,280.72 plus an amount up to 10% for unforeseen expenses upon City Manager approval; 3)Award a City North Landscape Maintenance Services agreement to Colts Landscaping for the term of July 1,2026,through June 30,2029, for a total amount of$814,998.99 plus an amount up to 10% for unforeseen expenses upon City Manager approval; 4) Award a City South Landscape Maintenance Services agreement to Mariposa Landscaping, Inc., for the term of July 1, 2026, through June 30, 2029, for a total amount of$1,196,025.96 plus an amount up to 10% for unforeseen expenses upon City Manager approval; and 5) authorize the City Manager to execute the agreements.
GOAL STATEMENT
The proposed action supports the City's goal in maintaining quality landscape and irrigation services throughout all landscaped City right-of-ways, public parks and facilities. Additionally, on an as-needed service, assist with storm related citywide cleanup of tree debris,etc.,which remain essential to beautify the City of Upland and make it a better place to work,live and play.
BACKGROUND
The City's Public Works Department(PW)is responsible for maintenance of landscaping within the public right-of- way and on City-owned public property including parks, City facilities, Community Facilities Districts (CFDs), and open spaces,which cover broad service areas.PW uses contracted services to perform this maintenance.
ISSUES AND ANALYSIS
Historically,landscape maintenance services have been provided through one sole vendor,covering over 200 acres of landscaped area.Under the current service model,the City has experienced various challenges in maintaining such a large portion of the City's right-of-way.These challenges include a lack of consistent vendor staff covering the entire contract area,reduced oversight and quality control as one PW staff member conducts auditing citywide in addition to their other duties,inconsistent trimming schedules,a higher frequency of overall maintenance needed,and improved upkeep and replanting associated with city medians and entry points.Collectively,these challenges result in significant complaints from residents and businesses to Staff and City Council on a regular basis. Additionally,poor landscape maintenance, much like trees, has a direct correlation to citywide property values and a sense of quality, cleanliness and pride within the Upland community.
As the City's landscape inventory has expanded and maintenance gaps have been recognized, Staff has identified the need for a more efficient service delivery model that allows for improved quality control, responsiveness, and oversight.To address these operational needs, Staff developed a new citywide landscape maintenance structure which proposed to distinguish citywide landscape maintenance into four separate focus areas(Parks&Parks Facilities,Other City Facilities, Upland North, and Upland South). This new service delivery model is considered a municipal best practice in providing citywide landscape services.
By focusing on smaller service areas and proper maintenance frequency, the City will be able to take advantage of numerous benefits including:
1. Improved Service Quality and Accountability - smaller, focused service areas allow vendors to maintain staffing more consistently.This ensures that they can specialize and maintain higher standards,while making it easier to measure performance.
2. Improved Oversight—the new landscape maintenance service delivery model utilizes three different staff to conduct auditing instead of one and includes a recurring auditing process,thereby improving and maintaining quality control.
3. Reduced Operational Risk- if one contractor experiences staffing or performance issues, only a portion of the city is affected rather than the entire landscape program,which can get backlogged for weeks at a time.
4. Greater Competition and Cost Control-multiple contracts encourage competitive pricing and performance, helping ensure the City receives best value long-term.The smaller service areas also enabled more companies to compete when compared to the City's prior competitive bidding for landscape services.
Based upon the landscape areas identified,Staff prepared four comprehensive requests for proposals(RFPs)to provide maintenance and auditing in the four different locations. These RFPs included an acknowledgement of the proper frequency of trimming, improved oversight and accountability, including a new auditing process, and improved upkeep and replanting associated with city medians and entry points. The current citywide contract expires June 30, 2026. Therefore, Staff released RFPs for each of the newly defined landscape areas on October 23, 2025.
Subsequently,Staff conducted a competitive procurement process to select qualified contractors to provide landscape maintenance services within the four distinct service areas throughout the City.
Table 1 below defines the new areas and provides statistics on the bid results. Staff reviewed the submitted proposals and determined the winning proposals were the most qualified within each respective area. Additionally, Staff conducted reference checks from other municipalities regarding their quality of work,attention to detail and consistent delivery of services. It should be noted that with the outdated prior service delivery model of citywide landscaping conducted in 2022,the City only received two(2)proposals. By comparison,the new service delivery model,which is highlighted above,resulted in thirty-nine(39)competitive proposals.
Table 1.2025 RFP Results for Landscape Maintenance Services Proposals Winning Bid Amount
Area Received Winning Bidder (Total 3-yr Term)
Parks 11 Landscape West Management Services $2,133,270.00 City Facilities 10 Elite Maintenance&Tree Services $ 197,280.72 North(north of Foothill Blvd) 9 Colts Landscaping $ 814,998.99 South(south of Foothill Blvd) 9 Mariposa Landscapes,Inc. $ 1,196,025.96 TOTAL $4,341,575.67
The proposed agreements for each area will include an initial three-year term followed by three optional one-year extensions based upon satisfactory performance.
An additional component within these new agreements will include the option/availability for emergency response to citywide issues that arise during storm-related conditions and/or natural disasters as well as responding to emergency irrigation breaks and/or repairs as needed. All components to the contract will become much more beneficial to the care and maintenance of citywide landscape infrastructure.
ENVIRONMENTAL DETERMINATION
The project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act ("CEQA"), and the State CEQA Guidelines, and determined to be categorically exempt from further environmental review pursuant to Section 15301(c)(Existing Facilities), of CEQA Guidelines. The project involves repair and maintenance of city landscaping and does not involve any expansion of use beyond that which exists.
FISCAL IMPACTS
The Landscape Maintenance Program is funded through General Fund,Gas Tax,and Building Maintenance accounts as well as Community Facilities Districts (CFD). The proposed enhancement and proper maintenance of citywide
landscaping services will result in an annual cost of$1,447,191.89 which is an increase of$525,491.89,comprised of $174,465.00 from the Public Works General Fund budget, $49,260.24 from the Building Maintenance budget, $301,766.65 from Gas Tax,and a savings of($1,700.00)in CFD Funds(due to a reduction of services from monthly to quarterly). Sufficient funds are available in the proposed Fiscal Years 2026—2028 biennial budget.
Year 1 Year 2 Year 3
Area/Contractor Account FY 2026-27 FY 2027-28 FY 2028-29 Total Parks
Landscape West
Management Services 1015420-5253 $469,090.00 $469,090.00 $469,090.00 $ 1,407,270.00 1015421-5253 $242,000.00 $242,000.00 $242,000.00 $ 726,000.00 TOTAL $711,090.00 $711,090.00 $711,090.00 $2,133,270.00 Facilities
Elite Maintenance&Tree
Services 7545602-5245 $ 65,760.24 $ 65,760.24 $ 65,760.24 $ 197,280.72 TOTAL $ 65,760.24 $ 65,760.24 $ 65,760.24 $ 197,280.72 North
Colts Landscaping 1015410-5253 $ 56,742.41 $ 56,742.41 $ 56,742.41 $ 170,227.23 1015410-5258 $ 44,495.00 $ 44,495.00 $ 44,495.00 $ 133,485.00 2045410-5253 $ 157,428.92 $ 157,428.92 $ 157,428.92 $472,286.76 7546205-5245 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 30,000.00 8781370-5253 $ 3,000.00 $ 3,000.00 $ 3,000.00 $ 9,000.00 TOTAL $271,666.33 $271,666.33 $271,666.33 $814,998.99 South
Mariposa Landscapes,Inc. 1015410-5253 $ 93,837.59 $ 93,837.59 $ 93,837.59 $ 281,512.77 2045410-5253 $299,337.73 $299,337.73 $299,337.73 $ 898,013.19 7546205-5245 $ 3,500.00 $ 3,500.00 $ 3,500.00 $ 10,500.00 8771569-5253 $ 2,000.00 $ 2,000.00 $ 2,000.00 $ 6,000.00 TOTAL $398,675.32 $398,675.32 $398,675.32 $ 1,196,025.96
ALTERNATIVES
Provide alternative direction to staff.
CEQA: Categorically exempt from further environmental review pursuant to Section 15301(c) (Existing Facilities), of CEQA Guidelines.
CITY OF UPLAND
LANDSCAPE MAINTENANCE SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 13th day of April, 2026 by and between the City of Upland, a general law city and municipal corporation organized under the laws of the State of California with its principal place of business at 460 N. Euclid Avenue, Upland, CA 91786 ("City") and Elite Maintenance & Tree Service, a California Corporation with its principal place of business at 2972 Larkin Ave. Clovis, CA, 93612 ("Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement.
Contractor represents that it is experienced in providing landscape maintenance services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City.
Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
2.2 Project.
City desires to engage Contractor to render such services for Landscape Maintenance Services ("Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional landscape maintenance services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state, and federal laws, rules, and regulations.
3.1.2 Term. The term of this Agreement shall be from July 1, 2026 through June 30, 2029 unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than three (3) additional one-year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. - 1 -
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods, and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.
Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance
3.2.1.1 PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System ("PERS") to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.
3.2.4 City's Representative. The City hereby designates the Operations Manager, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee. - 2 -
3.2.5 Contractor's Representative. Contractor hereby designates the Branch Manager, or his 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 the Contractor for all purposes under this Agreement. The Contractor's Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants, and other staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees, and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.8 Period of Performance and Liquidated Damages. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above ("Performance Time"). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits "A" or "B" attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged, and agreed that the City will suffer damage.
Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of Two Hundred Fifty Dollars ($250) per day for each and every calendar day of delay beyond the Performance Time or beyond any completion schedule or Project milestones established pursuant to this Agreement.
3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City's decision, Contractor shall have such remedies as may be provided by law.
- 3 -
3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules, and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours' labor shall constitute a legal day's work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify, and hold City, its officials, directors, officers, employees, and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.10.1 Employment Eligibility; Contractor. By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor.
Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor's compliance with the requirements provided for in Section 3.2.10 or any of its sub- sections.
3.2.10.2 Employment Eligibility; Subcontractors, Sub-subcontractors, and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.
3.2.10.3 Employment Eligibility: Failure to Comply. Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.
-4 -
3.2.10.4 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services.
3.2.10.5 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination.
3.2.10.6 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements' application to "portable equipment", which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
3.2.10.7 Water Quality.
(A) Management and Compliance. To the extent applicable, Contractor's Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City's ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.
(B) Liability for Non-Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor's non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees, and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and - 5-
policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph.
3.2.11 Insurance.
3.2.11.1 Time for Compliance. Contractor shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Section.
3.2.11.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees, or subcontractors.
Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: minimum amount of $1,000,000 per occurrence; and $2,000,0000 aggregate for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: minimum amount of$1,000,000 combined single limit per accident for bodily injury and property damage; (3) Workers' Compensation and Employer's Liability: Workers' Compensation/Employer's Liability limits with a minimum amount of $1,000,000 per accident for bodily injury or disease, as required by the Labor Code of the State of California; (4) Professional Liability: minimum amount of $1,000,000 per claim and aggregate (errors and omissions) .
Defense costs shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement. - 6 -
(D) Additional Insured. The City of Upland, its directors, officials, officers, employees, agents, and volunteers shall be named as additional insureds on Contractor's and its subcontractors' policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.
3.2.11.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed (amended)to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Upland, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City before the City's own primary insurance or self-insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section
3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(A).
(B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it in any way.
Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(B). (C) Workers' Compensation and Employer's Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) Professional Liability (Errors and Omissions). At all times during the performance of the work under this Agreement the Contractor 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 - 7-
be written on a policy form specifically designed to protect against acts, errors, or omissions of the Contractor. "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) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A)coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B)any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.
3.2.11.4 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.
All required insurance coverages, except for the professional liability coverage, shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
3.2.11.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
3.2.11.6 Subcontractor Insurance Requirements. Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Contractor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City shall be named as additional insureds on all subcontractors' policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.
3.2.11.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A: VIII, licensed to do business in California, and satisfactory to the City.
3.2.11.8 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. - 8 -
3.2.11.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor's insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement.
3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.13 Bonds.
3.2.13.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit "C" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.13.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit"C" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.13.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient, or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.
- 9 -
3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best's rating no less than A: VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.2.15 Work Site.
3.2.15.1 Inspection Of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor's ability to protect existing surface and subsurface improvements. No claim for allowances—time or money—will be allowed as to such matters after commencement of the Services.
3.2.15.2 Field Measurements. Contractor shall make field measurements, verify field conditions, and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents, including any plans, specifications, or scope of work before commencing Services. Errors, inconsistencies, or omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition.
3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City.
3.2.17 Warranty. Contractor warrants all Services under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Contract, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an additional one-year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require - 10 -
verifying that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. The total annual compensation shall vary, subject to City Council approval of the annual budget itemized for Landscape Maintenance Services, including routine monthly services as well as Additional Extra Work, which may be authorized, as described below.
3.3.1.1 Adjustments. Beginning July 1, 2029, upon Contractor's request, Contractor's rates may be adjusted no more than once per year based on the percentage change in the Consumer Price Index- All urban consumers, All Items - (Series ID# CUURS49CSA0) Riverside-San Bernardino —Ontario, CA areas for the twelve (12) month period January through January immediately preceding the adjustments. All such price adjustment requests shall be submitted between March 1st and April 1st. The failure to submit price adjustment requests by April 1st shall waive the Contractor's right to request an adjustment for that year. Upon proper notice, price adjustments shall go into effect on July 1st of the same year. In no event shall the adjustment exceed five percent (5%) in any single year.
3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized Invoice which indicates work and site locations completed specifying Services rendered by Contractor. The Invoice 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 invoice. City shall, within 45 days of receiving such invoice, review the statement and pay all approved charges thereon.
3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums. - 11 -
3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.5 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. The City Manager may approve Extra Work up to ten percent (10%) of the amount of the Agreement.
Any Extra Work in excess of this amount shall be approved by the City Council. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative.
3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at Contractor's principal place of business and at the project site. Contractor shall defend, indemnify, and hold the City, its officials, officers, employees, and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
3.3.7 Registration/DIR Compliance. If the Services are being performed as part of an applicable "public works" or"maintenance" project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor's sole responsibility to comply with all applicable registration and labor compliance requirements.
Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor's performance of Services, including any delay, shall be Contractor's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and - 12 -
harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.
3.4 Termination of Agreement.
3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.
3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5 General Provisions.
3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Contractor:
Elite Maintenance & Tree Service
2972 Larkin Ave
Clovis, CA, 93612
Attn: Darin Sherlock, Vice President
City:
City of Upland
460 N. Euclid Avenue
Upland, CA 91786
Attn: City Manager
With Copy To:
City of Upland
460 N. Euclid Avenue
Upland, CA 91786
Attn: City Attorney
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. - 13 -
3.5.2 Indemnification.
3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, "Claims") in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor's Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorneys' fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor's indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense which is caused by the sole or active negligence or willful misconduct of the City or the City's agents, servants, or independent contractors who are directly responsible to the City.
3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City's choosing and at Contractor's own cost, expense, and risk, any and all Claims covered by this indemnification section that may be brought or instituted against City or its officials, employees, agents and volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents, and volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and volunteers.
3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County, California. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims, and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.
3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.5 City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.
- 14 -
3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement, or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer.
3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.5.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.
3.5.11 No Third-Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement. - 15-
3.5.15 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties.
[SIGNATURES ON FOLLOWING PAGE]
- 16 -
SIGNATURE PAGE FOR
MAINTENANCE SERVICES AGREEMENT
BETWEEN THE CITY OF UPLAND
AND ELITE MAINTENANCE & TREE SERVICE
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above.
CITY OF UPLAND ELITE MAINTENANCE & TREE SERVICE
APPROVED BY:
By:
MICHAEL BLAY Its:
City Manager VICE PRESIDENT
Printed Name:
ATTESTED BY: DARIN SHERLOCK
By:
KERI JOHNSON
City Clerk Its:
C.E.O.
APPROVED AS TO FORM: Printed Name:
DERIK JAKUSZ
Best Best & Krieger LLP
City Attorney
911565
Contractor's License Number
1000008208
DIR Registration Number
- 17 -
EXHIBIT A
SCOPE OF SERVICES
The Contractor's primary responsibility will be to maintain the landscape areas at the highest industry standards by integrating innovative and progressive techniques and to follow the objectives as set forth in the specifications. The Contractor shall furnish all labor, equipment, materials, tools, services, and special skills required to perform the landscape maintenance as set forth in this specification and in keeping with the highest standards of quality and performance. Maintenance of the landscape shall include, but not be limited to, inspections, mowing, trimming, pruning, fertilization, aeration, weed control, cultivation, pest control, tree surgery, de-thatching, plant replacements, renovation, and clean-up of City facilities. The Contractor will create a maintenance schedule to keep the designated City Facility landscaped areas maintained. The specific service locations will be geographically categorized within the City of Upland.
Irrigation maintenance shall be all inclusive and shall include inspections, operation of the systems, adjustments, repairs, modifications, improvements, testing, analysis, and other work as needed. The Contractor will submit a maintenance schedule to the City, scheduling the maintenance operations which include, but are not limited to: tree pruning, aeration, thatching, insecticides/herbicide application and application of all fertilization to trees, shrubs, ground cover, and turf. This specification establishes the minimum standards for the maintenance of the landscaped areas for the City.
The Contractor shall provide skilled landscape maintenance services, tools, equipment, and transportation to perform landscape maintenance services of City Facility landscaped properties within the jurisdiction of the City of Upland Public Works Department. The Contractor agrees to provide services as per the Scope of Work Functions and Frequencies, Technical Specifications, General Specifications, in accordance with and as referenced in the City Landscape Standards, Exhibit "A" contained herein to maintain the Work Locations in a safe, attractive, and useable condition.
1. Emergency Numbers and Callouts. The Contractor shall have the capability to receive and to respond immediately to calls of an emergency nature during normal working hours and during hours outside of normal working hours. Calls of an emergency nature received by the City shall be referred to the Contractor for immediate disposition.
A. In the event that emergency work is required, the Contractor shall notify the Landscape Supervisor by telephone in advance before any emergency work is commenced. Non-emergency maintenance work requires written approval before the work is performed. An answering service is not acceptable for emergency calls after working hours/weekends.
B. In situations involving emergency work after normal working hours, the Contractor shall dispatch qualified personnel and equipment to reach the site within two (2) hours. The Contractor's vehicle shall carry sufficient equipment to safely control traffic. When the Contractor arrives at the site, the Contractor shall set up traffic warning
EXHIBIT A
and control devices, if deemed necessary, and proceed to repair the system on a temporary basis.
C. The Contractor shall supply the City with the name(s) and phone number(s) of responsible person(s) representing the Contractor for 24-hour emergency response. The above-mentioned information shall always remain current. Any changes shall be forwarded to the City in writing within 12 hours of any such change. (Failure to provide the City with current emergency information within the 12-hour period shall result in a $500.00 penalty per occurrence).
Emergency response can be defined by:
1. Instructions per City Landscape Supervisor and/or Operations Manager
2. Prior agreement
3. Public health/safety matters, wind and/or rainstorm conditions
4. Irrigation malfunctions and/or leaks
Public health/safety matters include but are not limited to broken water mains, stuck valves, threat to private property resulting from the responsible Contractor's operations, fallen trees, natural disasters, etc.
2. Special License and Permits. The Contractor shall have and maintain a valid C-27 Contractor's license. All applications of chemical controls, i.e., herbicides and pesticides, shall be done in compliance with governmental requirements.
Applications of such materials shall be done by personnel licensed by the State of California, Department of Food and Agriculture. Contractor will obtain any permits required by local governmental agency for the use of special chemicals.
3. Dress Code and Appearance. All personnel of the Contractor shall be required to wear uniforms bearing the company name while on the project. Sufficient changes shall be provided to present a neat and clean appearance of personnel at all times. The uniform shall consist of a shirt, trousers and/or short pants during the summer months and reflective safety jacket with company name during cool weather. Safety vests bearing the company name are not considered a part of the uniform but shall be required to be worn to comply with this contract document. Failure of an employee to wear a uniform shall result in a $250.00 deduction and forfeiture per occurrence.
4. Personnel Special Requirements
A. The Contractor shall provide personnel fully trained in all phases of landscape irrigation systems operation, maintenance, adjustments, and repair; in all types of irrigation controllers, valves, moisture sensing devices, and sprinkler heads; and with all brands and models of irrigation equipment used within the City.
B. The Contractor shall provide personnel knowledgeable of, and proficient in, current water management concepts, with the capability of working with City staff in implementing more advanced water management strategies.
EXHIBIT A
C. All irrigation personnel shall be capable of verbal and written communication at a professional level of English.
5. Special Requests. The Contractor may be requested by the City Landscape Supervisor to perform special tasks which are above his normal scheduled work (i.e., pruning for a specific aesthetic view problem). It is intended that the Specifications are indicative of the work to be anticipated by the Contractor and will allow for reasonable additional work at no additional cost to the City which is considered normal maintenance to meet the objectives and criteria.
6. Project Inspections. Upon request, the Contractor or his representative will walk the project with the City representative, or the Landscape Supervisor, for the purpose of determining compliance with the Specifications or to discuss required work.
The Contractor's representative shall be authorized to sign documents and effect changes to the job. Contractor is to submit a weekly Completion Form. Template form will be provided by the City.
7. Traffic Control. In accordance with the California Trans Watch Manual, the Contractor shall notify local authorities of his intent to begin Work at least five (5) days before Work is begun. The Contractor shall cooperate with local authorities relative to handling traffic through the area and shall make his own arrangements relative to keeping the working area clear of vehicles. If the Contractor permits traffic to operate in an unsafe manner and does not take appropriate safety measures (such as placement of markers or signs regarding the presence of workers near a roadway), the City may immediately suspend all Work until the Contractor has met all safety requirements. All vehicles used by the Contractor on the job site must be equipped with flashing yellow beacons of the type approved by the City.
A. When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic.
The Contractor shall make every effort to keep commercial driveways open during working hours. During and after working hours, all driveways shall be accessible with smooth and safe crossings through the construction area. WATCH Manual, (Work Area Traffic Control Handbook).
8. Protection of Property During Inclement Weather. During periods of storms or high winds, the Contractor will provide supervisory inspection of the project during regular hours to prevent or minimize possible damage from inclement weather. The Contractor shall submit a report identifying any storm or high wind damage to the City's representative attached to a site map identifying the location of damage and cost estimate to repair/replace any damage. If remedial work is required beyond the scope of this Contract, it shall be paid for as extra work. It is the Contractor's responsibility for removing landscape debris and general trash accumulated by high winds or other typical or non- typical environmental conditions. The Contractor shall modify their schedule to complete all the required work within forty-eight (48) hours of inclement weather.
EXHIBIT A
9. Protection of Existing Facilities and Structures. The Contractor shall exercise due care in protecting from damage all existing facilities, structures, and utilities both above surface and underground on the City's property. Any damage to City property deemed to be caused by the Contractor's negligence shall be corrected or paid for by the Contractor at no cost to the City. If the City requests or directs the Contractor to perform work in a given area, it will be the Contractor's responsibility to verify and locate any underground systems, i.e., utility lines. This does not release the Contractor of the responsibility for taking reasonable precaution when working in these areas. Any damage or problems shall be reported immediately to the City.
10. City Liaison. The City representative and/or City Landscape Maintenance Supervisor, and the Contractor's representative will meet on a weekly basis. The purpose of this meeting will be to discuss specific project problems. More frequent contact may be required between the City Landscape Supervisor and the Operations Manager separately from these meetings. The City Landscape Supervisor and/or Operations Manager will review, and initial invoice items verified as completed prior to submittal to the Director of Public Works for payment. The original invoice should be emailed to: Public Works Landscape Supervisor and/or Operations Manager or Designee.
11. Work Not Included. Water and electrical billings, except in instances where excessive costs are incurred by the City due to water waste or negligence by the Contractor, are not included within this Agreement. If the Director of the Public Works Department determines that excessive utility costs have occurred in their sole and absolute discretion, the City may withhold from the payment to the Contractor those funds necessary to reimburse the City for these additional costs.
12. Contractor Negligence. Any damage to the City's property which has been determined to be due to the Contractor's negligence shall be corrected at no additional cost to the City. Dead or missing plants attributable to improper care by the Contractor shall be corrected by the Contractor at no additional cost to the City.
13. Scheduling of Operations. The Contractor shall perform his work at such times as to minimize disturbance or interference to resident convenience, recreational programs, and pedestrian or vehicle circulation. For example, mowing or irrigation checks should occur early in the morning. The Contractor shall submit a Maintenance Schedule describing maintenance operations and when work and applications of chemicals/fertilizers will be accomplished. This schedule shall be submitted and approved PRIOR to starting any maintenance operations. All forms and schedules shall be of a format approved by the City.
14. Sound Control Requirements. The Contractor shall comply with all local sound control and noise level rules, regulations, and ordinances which apply to any work performed pursuant to the Contract.
A. Each internal combustion engine used for any purpose on the job or related to the job shall be equipped with a muffler of a type recommended by the manufacturer of such equipment. No internal combustion engine shall be operated on
EXHIBIT A
the project without said muffler. Properly equipped internal combustion engines may only be operated between 7:00 a.m. and 7:00 p.m. Except in the event of an unforeseen emergency and/or storm event.
B. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed, therefore.
15. Construction/Maintenance Equipment. The Contractor shall take all necessary precautions for safe operation of his equipment and the protection of the public from injury and damage from such equipment.
16. Additions/Deletions to City Landscape Areas. Changes in the areas to be maintained may be made as the City accepts new areas and/or relinquishes currently maintained areas. All such changes shall only be made upon written notification in the form of a change order which shall clearly state the effective date of the change. The Contractor agrees that as additional landscaped areas are added to the LMD/CFD, the Contractor shall maintain such additional landscaped areas in accordance with contract specifications.
17. Additions/Deletions to Maintenance Specifications. The City reserves the right to make additions, deletions, revisions, and/or otherwise modify the General Landscape Maintenance Specifications. Any change in the specifications that causes the Contractor to suffer additional expenses may be negotiated upon written justification.
18. Administration.
A. Reports and Schedules and Payment Adjustments
1) The report and schedule forms, which will be provided, indicate the major items of work, and further delineate the time frames for accomplishment.
2) The Contractor shall complete the schedule for each item of work and each area of work.
3) The initial schedule shall be submitted on or by the effective date of the contract. Thereafter it shall be submitted on the day agreed upon by the Contractor and the Inspector.
4) Failure to supply the required schedule shall result in the deduction and forfeiture of Two-Hundred Fifty Dollars ($250.00) from payment to the Contractor per occurrence. 5) Changes to the schedule shall be received by the Landscape Supervisor at least twenty-four (24) hours prior to the scheduled time for the work.
EXHIBIT A
6) Failure to notify of a change and/or failure to perform an item of work on a scheduled day may result in deduction of payment for that date or work even though the work is performed on a subsequent day.
7) The Contractor shall adjust their schedule to compensate for all holidays and/or adjust their schedule as directed.
B. Performance During Inclement Weather
1. During the periods when inclement weather hinders normal operations, the Contractor shall adjust his work force in order to accomplish those activities that are not affected by weather.
Activities affected by the weather shall be completed within 48 hours after the inclement weather or as directed by the City's representative.
2. The prime factors in assigning work shall be the safety of the work force and damage to landscaping, in that order.
3. Failure to adjust the work force to show good progress on the work shall result in deduction of payments to reflect only the work accomplished.
C. Performance On Schedule
1. The Contractor will be given the maximum latitude in establishing work schedules which correspond to its staff and equipment resources. The Contractor will also be provided the opportunity to adjust those schedules to meet special circumstances.
2. All Work shall be completed on the week scheduled as shown on the schedule.
3. Failure to complete the work as scheduled will result in the following actions:
i) The sum of two-hundred fifty dollars ($250.00) per day will be deducted and forfeited from payments to the
Contractor for each instance where an item of work is
not completed in accordance with the schedule or specifications, except for mowing/mechanical edging
which shall be one-hundred dollars ($100.00) per
instance.
EXHIBIT A
ii) These actions shall not be construed as a penalty but as an adjustment of payment to the Contractor for only
the work performed or as the cost to the City for inspection and other related costs from the failure by
the Contractor to complete the work according to schedule.
D. Other Deficient Performance Items
1. The Contractor shall be notified both verbally and in writing each time performance is unsatisfactory and corrective action is necessary.
2. The Contractor shall complete corrective action within the following time frames subsequent to verbal notification:
a) Major irrigation problems within eight (8) hours
b) Other irrigation problems within twenty-four (24) hours (including controller program adjustments, reports, and schedules)
c) Other deficiencies within forty-eight (48) hours
d) Re-staking of trees within twenty-four (24) hours
e) Failure to remove and dispose of debris generated by regular maintenance operations, within twenty-four (24) hours
f) Failure to remove and dispose of debris including tumbleweeds from wind or normal litter accumulation, within twenty-four (24) hours.
g) Failure to provide weekly irrigation observation report within twenty-four (24) hours of the first working day of the following week
h) Failure to submit a monthly water meter report within twenty- four (24) hours of the first working day of the month.
i) Failure to submit a monthly water meter report within twenty- four (24) hours of the first working day of the month.
j) Failure of an employee to wear a uniform or a safety vest per occurrence.
EXHIBIT A
19. Green Waste Recycling - Recycling of landscape material as part of this contract is required by the City. The City will provide locations to dispose of the "Clean" landscape material at no cost to the Contractor. "Clean" is defined as green waste (leaves, bushes, grass clipping) that is free from contamination from non-green waste such as construction material, plastic irrigation lines, rocks, trash, etc. The Contractor shall meet all recycling needs as required by the designated City representative at no additional cost to the City.
TECHNICAL SPECIFICATIONS
5.0 GENERAL LANDSCAPE MAINTENANCE SPECIFICATIONS
This specification establishes the standards of maintenance for City Facilities Landscaped areas in the City of Upland.
The Contractor's primary responsibility will be to maintain the landscape areas at the highest industry standards by integrating innovative and progressive techniques and to follow the objectives as set forth in these specifications.
The Contractor shall furnish all labor, equipment, materials, tools, services, and special skills required to perform the landscape maintenance as set forth in this specification and in keeping with the highest standards of quality and performance.
Maintenance of the landscape shall include but not be limited to inspections, mowing, trimming, shrub pruning, fertilization, aeration, weed control, cultivation, pest control, de- thatching, plant replacements, renovation, and clean-up of drainage facilities. It is the intent to schedule maintenance to keep this site in a state of healthy vigorous growth.
Contractor shall be responsible for all repairs, at the Contractor's expense, to the complete in-ground portion of the irrigation system from the point that irrigation water exits the system to the point of connection with the water meter.
Irrigation maintenance shall include inspections, operation of the systems, adjustments, repairs, modifications, improvements, testing, analysis, and other work as needed.
The Contractor will provide a Maintenance Schedule, as directed by the City, showing the schedule of Maintenance Operations including, but not limited to: mowing, aeration, thatching, pruning, insecticide/herbicide application, the application of fertilizers to shrubs, ground cover and turf, restroom cleaning and trash removal.
5.1 SUPERVISION
The Contractor shall assign a supervisor working regular hours for the duration of this contract for each awarded area. He or she shall have a minimum of five-years' experience as a Landscape Supervisor. The supervisor shall be capable of communicating effectively both in written and verbal English.
EXHIBIT A
5.2 PERSONNEL
A. The Contractor shall provide personnel fully trained in all phases of landscape irrigation systems operation, maintenance, adjustments, and repairs; in all types of components, to include irrigation controllers, valves, master valves, moisture sensing devices, and sprinkler heads; and with all brands and models of irrigation equipment used within the City.
B. The Contractor shall provide personnel knowledgeable of, and proficient in, current water management concepts, with the capability of working with City staff in implementing more advanced water management strategies.
C. The Contractor shall provide personnel capable of verbal and written communication of the English language at a professional level.
5.3 PROJECT INSPECTION
Upon request, the Contractor or his representatives will walk the project with the City's Landscape Supervisor or other Representatives for the purpose of determining compliance with the specifications or to discuss required work. Contractor representatives must be authorized to sign documents that affect changes to the job.
5.4 SAFETY
Contractor shall be responsible for providing a safe workplace, and compliance with standards and regulations of the California Occupational Safety and Health Act (Cal OSHA), Federal Occupational Safety and Health Act (OSHA), California Division of Industrial Safety Orders (CDIS), and any other applicable government law or City Risk Management standards.
5.5 NON-PERFORMANCE
All work performance shall be subject to inspection and approval by the City's Landscape Supervisor. If performance is unsatisfactory, or work is not performed, a deduction shall be applied to the Contractor's billing in accordance with the deduction schedule listed below. A City issued deficiency notification form shall be used whenever deductions are applied.
The sum of the detailed cost line item, per individual landscape maintenance task not performed per these specifications, shall be deducted, and forfeited from payments to the Contractor.
5.6 TURFGRASS
A. General
1. Watering: A regular, deep watering program shall be accomplished to give the best results. The established turf should not be kept moist but should
EXHIBIT A
dry out somewhat between watering. Allow turf to dry out before mowing.
2. Aeration: Mechanically aerate all turf areas as often as required or as directed by the City's Landscape Supervisor, not to exceed 4 times per year, to reduce compaction/stress conditions, which will offer greater water penetration and reduce runoff. In those areas where soil condition is poor, top dressing may be required by the City Landscape Supervisor. When top dressing is required, the Contractor shall submit a request for extra work which must be approved by the City Landscape Supervisor before work is scheduled.
Use a plug aerator with 1/2 inch tines. Any areas that show excessive compaction shall receive additional treatment as required to alleviate this condition. The scheduling of aeration will be recorded on the Maintenance Schedule and shall be performed no less than two (2) times per year. In rocky areas, a solid tine or vertical slice aerator will be required.
3. Mowing: All turf areas shall be mowed a minimum of once per week.
Unless otherwise directed by the City's Landscape Supervisor, cut cool season turf grass at 2 inches. Common Bermuda and other warm season grasses shall be mowed to not exceed 1 inch, hybrid Bermuda at% inches.
Avoid removing more than one-third of the leaf area blade at any one time.
Remove or catch the clippings. Use rotary type mowers for cool season grasses and reel type mowers for warm season grasses with sharp blades (blades should be sharpened or replaced at least twice a week). All debris must be removed daily and disposed of legally off-site. Care shall be exercised during the mowing operation to prevent damage to trees and other obstacles located within the turf areas such as electrical boxes or fixtures. Do not mow areas that are saturated with water. Alternate mowing patterns shall be used whenever possible to prevent wheel ruts in turf areas.
If ruts are made, contractor will make repairs at his own expense. The Landscape Supervisor must approve of all mowing equipment used by the contractor. Small rotary push mowers will be required for parkways and other small areas.
It is the intent of the City that the contractor uses mulching mower equipment to mow all turf areas. The contractor may be required, at the discretion of the Landscape Supervisor, to bag and remove grass clippings if the use of mulching mowers creates a hazardous or messy condition in the work area.
4. Fertilizing: Apply fertilizers so as to provide sufficient nitrogen and other basic nutrients on a regular basis to maintain the turf in a healthy condition, or as directed by the Landscape Supervisor. Fertilizer will be applied as often as required to always maintain deep green color. The type of turf and time of year will determine the type of fertilizer used. The frequency of application will greatly depend on the amount of leaching caused by excess use of water. The
EXHIBIT A
type of fertilizer used, and frequency applied will be recorded. Coordinate all fertilizer applications with the Landscape Supervisor.
5. Trimming and Edging: Trim around walls, buildings, curbs, header boards, valve boxes, quick couplers, and paved areas on a weekly basis to present a neat, clean appearance. Chemically edge around trees (tree wells) within a minimum 18" radius from the trunk using care not to damage the tree trunk or roots. At no time will chemical edging be allowed on anything other than tree wells unless directed otherwise in writing by the Landscape Supervisor.
6. Thatching: Thatch all turf areas once per fiscal year at a time when there will be the least amount of stress to turf, preferably in the Spring or Fall. Thatching will be in accordance with the following methods:
Step 1: Aerify entire area using an aerator with 1/2 inch tines.
Step 2: Verticut the entire area using a thatching machine set to contact the soil line.
Step 3: Verticut in two different directions. Pick up debris with a turf vacuum.
Step 3: Mow with rotary mower at regular cutting height as specified above or as directed by the Landscape Technician.
7. Refurbishment of Turfgrass:
Turf areas that thin out due to shading effect of trees, structures, and irrigation malfunction (due to Contractor's negligence) will be reseeded with an approved grass seed to restore the thinning areas. Coordinate with the Landscape Supervisor. This will not be considered extra work. In the winter months the Landscape Supervisor may require sod.
8. String Trimmers
Care shall be exercised with regard to the use of string trimmers to prevent damage to building surfaces, walls, header board, light fixtures, signage, etc.
String trimmers shall not be used within 18" of a tree trunk.
9. Weed Control
Contractor shall always maintain City Facility landscape areas in a weed free condition using either chemical or mechanical means. Pre-emergent herbicide applications shall be required to control crabgrass in all turf areas. The Contractor shall exercise extreme care and caution while applying chemical weed controls to avoid damaging any non-target plant materials. Before such applications are made, the turf should be well established and in a vigorous growth condition. All chemical applications will be recorded and coordinated with the City Landscape Supervisor.
EXHIBIT A
5.7 SHRUB MAINTENANCE
A. Pruning
1. Shrubs shall be pruned as required for safety, removal of broken, dead, and diseased branches, general containment, and appearance.
2. All shrubbery shall be pruned, trimmed, thinned, and suckers removed to properly contain its size with respect to species, size of planters and the best health of the plant. Coordinate with the City Landscape Supervisor.
3. Prune shrubs to retain as much of the natural informal appearance as possible, consistent with intended use. Coordinate with City Landscape Supervisor.
4. Shrubs used as formal hedges or screens shall be pruned as required to present a neat appearance.
5. Remove any spent blossoms or dead flower stalks as required to present a neat appearance.
6. Shrubs and mounding shall not exceed 2 feet in height within areas required for vehicle sight distance depending upon roadway topography (i.e., medians and street corners). Coordinate with the City Landscape Supervisor.
7. Shrubs shall be maintained within the limits of confined areas (i.e., narrow medians, walkways, etc.) so as not to encroach on same.
8. Shrubs shall be trimmed to maintain horizontal clearance along all walkways and trails to prevent encroachment onto private property.
B. Shrubbery Replacement
The Contractor, at their expense, shall be responsible for the complete removal and replacement of shrubbery lost due to negligence by the Contractor as determined by the City Landscape Supervisor.
C. Pruning Schedule
Shrubs shall be pruned and trimmed as needed, or as requested by the City Landscape Supervisor.
D. Fertilization
Contractor shall apply a balanced fertilizer as needed in shrub areas to maintain a healthy appearance and condition, or as directed by the City Landscape Supervisor.
EXHIBIT A
E. Cultivation and Mulching
Contractor shall cultivate landscape bed areas and tree wells sufficiently and often enough to control weed growth and maintain existing irrigation and drainage ditches. Mulch is also required to be applied in all open dirt areas and/or around trees as required by the landscape inspector (mulch will be supplied or paid for by the City).
F. Irrigation (Deep Soaking)
Deep soaking shall be defined as the application of sufficient quantities of water, without excessive run-off, to maintain the reasonable health and vigor of plants.
Basin modifications may be required. Quantities of water shall be sufficient to allow for deep water penetration and encouragement of deep rooting of the plants.
5.8 VINES
A. General
1. Vines and espalier plants shall be checked and retied as required. Secure vines with appropriate ties to promote directional growth on supports.
2. Do not use nails to secure vines on masonry walls.
3. Existing vines planted in pockets not provided with sprinklers shall be deep watered as needed to promote optimum growth.
4. Pruning of vines will be in accordance with good horticulture practices.
5. Vines shall be trimmed as required for safety, disease, general containment, or appearance, or as directed by the City Landscape Supervisor.
6. All vines planted on walls shall be trimmed and maintained 18" from the top of the wall. This distance may be modified at the discretion of the City Landscape Supervisor.
5.9 GROUNDCOVER
A. General
1. Trim ground cover plantings as required for general containment and to present a neat, clean appearance.
2. Weeds shall be controlled and not reach two inches (2") in height.
Remove weeds by chemical or mechanical means as approved by the City Landscape Supervisor.
3. Keep ground cover trimmed back from all utility cabinets, irrigation controller units, valve boxes, quick couplers, or any other appurtenances or fixtures. Do not allow ground cover to grow up the trunks of trees, into shrubs, on structures
EXHIBIT A
or walls unless directed by the landscape inspector. Keep trimmed back approximately 4 inches from structures, walls, etc. Coordinate trimming around base of shrubs/trees with City Landscape Supervisor.
4. Bare soil areas shall be cultivated a minimum of once per month and/or mulched as directed by the landscape inspector. Mulch will be supplied or paid for by the City.
5.10 TREE MAINTENANCE
A. General:
1. The contractor shall prune suckers and low-hanging branches to provide clearance.
2. The contractor shall install or replace damaged or missing tree stakes.
5.11 FERTILIZATION
A. General:
Contractor shall use only dry pelletized fertilizers unless otherwise approved by the City Landscape Supervisor. Applications shall be in accordance with the manufacturer's specifications.
B. Scheduling:
The application of all fertilizers shall be recorded and specifically identified on the Contractor's Maintenance Schedule indicating the fertilizer used and frequency applied (i.e., turf, trees, shrubs, ground cover, etc.).
C. Method of Application:
When applying fertilizer granules, every precaution shall be taken to contain these materials in the planting areas. The Contractor will be responsible for removing all fertilizer stains from concrete caused by his application.
D. Timing of Application:
When climatic factors cause problems with the general use of fertilizers, an adjustment of the fertilizing schedule may be necessary. After fertilizer application, watering schedule shall be monitored to eliminate runoff or leaching of fertilizer materials.
E. Soil Testing:
Soil tests and plant analysis shall be obtained at the discretion of the City Landscape Supervisor to determine the need for fertilizer or amendments and shall be completed prior to application. Copies of all test reports shall be submitted for review by the City Landscape Supervisor prior to application. The Contractor shall provide soil and foliar testing at no expense to the City. For the purposes of bidding, the Contractor should assume twenty-four (24)tests per year. The City Landscape Technician shall determine all test locations.
EXHIBIT A
5.12 PEST CONTROL OF PLANT MATERIAL
A. General:
1. Contractor shall practice Integrated Pest Management. This shall involve common-sense practices that use environmentally acceptable methods of pest control with the least possible hazard to the public, City property, and the environment. Practices shall combine the use of current information on pest life cycles, exclusion, natural enemies, and host resistance.
2. Contractor shall provide complete control of all plant pests and/ or diseases.
3. The Contractor shall obtain all necessary licenses and permits to comply with City, County, State and Federal regulations or laws.
4. Contractor will assume responsibility and liability for the use of all chemical controls.
5. Pest and disease shall include, but shall not be limited to all insects, mites, other vertebrates, and invertebrates including gophers, ground squirrels, pathogens, and nematodes.
6. All material use shall be in strict accordance and applied within the most current EPA regulations and the California Food and Agricultural Code.
B. Application of Pesticides
1. City shall be notified prior to the application of pesticides and other chemicals. Pesticide applications shall be recorded on the Maintenance Schedule and coordinated with the City's Landscape Supervisor. Material Use Reports for all pesticides shall be filed with the City no later than the 15th day of every month for the preceding month.
2. Pesticides shall be applied at times which limit the possibility of contamination from climatic or other factors. Early morning application shall be used, when possible, to avoid contamination from drift. Applicator shall monitor forecast weather conditions to avoid applications prior to inclement weather, to eliminate potential runoff in treated areas.
3. Irrigation water applied after treatment shall be reduced to eliminate runoff. When water is required to increase pesticide efficiency, it shall be applied only in quantities of which the area is capable of absorbing without excessive runoff.
EXHIBIT A
4. Care shall be taken in transferring and mixing pesticides to prevent contaminating areas outside the target area. Application methods shall be used which ensure that materials are confined to the target area. Spray tanks containing leftover materials shall not be drained on the site. Disposal of pesticides and tank rinsing materials shall be within the guidelines established in the State of California Food and Agricultural Code or EPA regulations.
5. Spray equipment shall be in good operating condition, quality, and design to efficiently apply materials to the target area. Spray drift from pesticide applications shall be minimized.
6. Wherever a specific type of material is specified, no substitutions shall be allowed without the written consent of the City Landscape Supervisor.
C. Certification of Materials:
1. All materials shall be transported to the site in original containers.
Materials shall be subject to inspection by the City Landscape Supervisor.
2. The State of California Agricultural Code requires that pesticides and/or chemicals may be used only after a written recommendation by a State of California Licensed Pest Control Advisor is obtained, with a copy forwarded to the City Landscape Manager and/or Supervisor prior to chemical usage. These recommendations shall be updated on a yearly basis. A recommendation consists of all the information the applicator should know for accurate and safe usage.
The recommendation must be time and site specific.
3. If a Restricted Use Pesticide is recommended, a use permit issued by the County of San Bernardino Agricultural Commissioner must be provided to the City.
4. All pesticides shall be applied only by an operator possessing a California state issued Qualified Applicator's License or a Qualified Applicator's Certificate.
5. All areas of the landscape shall be inspected for infestations of pests such as ants, insects, mites, snails, and sow bugs. Plants shall be observed closely for leaves that may be blotched, blighted, deformed, mildewed, rusted, scorched, discolored, defoliated, or wilted.
6. Contractor shall identify the cause of plant injury and consult a Pest Control Advisor before application of chemical treatments.
EXHIBIT A
7. Cultural preventive methods shall begin before a pest is visible. At certain times of the year, and with certain environmental conditions, the presence of certain pests can be anticipated. New plant growth shall be monitored for the presence of aphids, leaf hoppers, scale, mealy bugs, and mites. A 10-power magnifying glass is helpful for identifying mites. Evidence of ant activity may be seen in soil, along walks, and trunks of shrubs and trees.
8. Adult beetles shall be controlled before they lay eggs on bark in the spring. Ongoing inspections are necessary to determine if there is a summer brood.
9. Snails shall be controlled before becoming epidemic. They can be anticipated as a menace from spring until the advent of high temperatures.
10.Contractor shall prevent the spread of disease by keeping all cutting edges sterile by dipping in an alcohol or bleach solution after each cut.
11.Weeds must be removed upon appearance. Selective post- emergent herbicides shall be used to kill weeds without permanent injury to other plants.
12.Broadleaf weeds in turf shall be removed selectively, without injury to the lawn grass other than slight, temporary discoloration.
13.Grass weeds in lawns shall be controlled with selective post- emergent herbicides.
14.Creeping grasses shall be kept out of shrubs and groundcovers.
15.Weeds not killed with herbicides shall be removed manually. Turf and other desirable plants killed by weeds, chemicals, etc., shall be replaced at the Contractor's expense. All replacements must be made within 7 calendar days after receiving notice from the City.
5.13 WEED CONTROL OF PAVED SURFACES AND EMPTY CITY OWNED LOTS A. Contractor shall be responsible for controlling weeds in the cracks and expansion joints of hardscape areas that are contiguous to contractor-maintained City landscape areas, City parking lots. This includes, but is not limited to, curb and gutter areas, sidewalks, sport courts, trails, parking lots, etc.
B. Landscape areas adjacent to empty lots shall have a contractor maintained 4' to 5' foot "buffer zone" separating the landscape from the weeds or vegetation on empty lots. Coordinate with the City Landscape Supervisor.
EXHIBIT A
5.14 DRAINAGE FACILITIES
Contractor shall be responsible for the continual inspection and maintenance of all drains installed in the landscape areas. This includes V-ditches, surface drains, rock/cobble open culverts, or any other drainage facilities that are contiguous to the landscape areas, and along City right-of-ways which include along roadways. Drains and/or culverts shall be routinely checked and maintained free of obstruction, debris, and weed/vegetation to assure proper drainage. Remove any debris or obstructions that might accumulate, preventing the proper flow of water.
5.15 GENERAL CLEAN-UP
A. At no time will the Contractor be allowed to blow grass clippings or any other landscape debris into public streets or gutters without being swept or vacuum cleaned.
B. Contractor shall remove all debris resulting from their maintenance operations and dispose of it off-site at the time of occurrence. All grass clippings shall be picked up after each mowing or trimming operation. Use of mulching mowers must be approved by the City. If the use of mulching mowers is approved, all visible clippings must be removed in accordance with this specification.
C. All debris resulting from any of the Contractor's operations shall be removed from the work site and may be transported to the City Public Works Yard facilities for disposal. No debris will be allowed to remain at the end of the workday. (Failure to remove and dispose of debris shall result in a $250.00 forfeiture from payment.) All debris must be separated into green waste, recyclables, and other waste to minimize contamination and be disposed of in the appropriate locations. Failure to separate and dispose of debris appropriately shall result in a $250.00 forfeiture from payment.
D. All walkways will be always kept clean/clear of debris and plant growth. Care shall be taken not to create unnecessary hazards to foot or wheelchair traffic during maintenance operations.
E. All shrub areas not inter-planted with ground cover will be raked clean a minimum of once a week or as directed by the City Landscape Supervisor.
F. All other debris resulting from any of the Contractor's operations shall be removed and disposed of legally at the Contractor's expense. No debris will be allowed to remain at the end of the workday. Failure to remove and dispose of debris properly shall result in a $250.00 forfeiture from payment for each occurrence.
5.16 PLANT ADDITIONS AND / OR REPLACEMENTS
As part of this agreement, the Contractor may be requested to replace damaged or destroyed trees, turf, shrubs, vines, ground cover, or flowers. Contractor shall
EXHIBIT A
submit a timely proposal in writing for these improvements. Such work will be paid for as extra work by the City unless otherwise specified within these specifications.
No work shall commence until the proposal has been signed as accepted by the City Landscape Supervisor. Exceptions will be replacements due to Contractor's neglect. This will be determined by the City Landscape Supervisor.
5.17 GUARANTEE AND/OR REPLACEMENT POLICY
All new plant material installations, irrigation installations and repairs done as part of this contract shall be guaranteed for a period of one calendar year with exceptions due to "Acts of God, "i.e., damage or death of plant material due to windstorm or rainstorm, or vandalism, theft, or other willful acts over which the maintenance contractor has no control. Existing plants shall be replaced by Contractor if they die due to Contractor's negligence.
5.18 TRASH, LITTER AND DEBRIS CLEAN-UP
A. Applies to all landscape areas as well as contiguous hardscape areas.
B. All areas shall be inspected whenever service is provided and maintained in a neat, clean, and safe condition always.
C. All animal feces or other materials detrimental to human health shall be removed from landscape areas whenever service is provided or per request.
D. All broken glass and sharp objects shall be removed whenever service is provided or per request.
E. All trash, litter and debris shall be removed and disposed of whenever landscape services are provided and as requested by the City's Landscape Supervisor. The City provides on-site dumpster enclosures at some, but not all locations for this purpose.
F. Trash Receptacles (9 Exterior) at City Facilities (City Hall, Upland Library, Carnegie Library) shall be serviced/emptied when landscape service is provided, unless it is a dedicated holiday. Trash receptacles shall be cleaned inside and out at least once per week or as directed by the City Landscape Supervisor. All lids and City logos must be wiped clean at time of services or as requested by the City Landscape Supervisor.
G. Trash liners can be replaced at the time of service. Contractor shall provide liners at the Contractor's expense. Liner size shall be no smaller than 36"X58" (44 Gallon). Liner thickness shall be no thinner than 1.5 mil.
H. All sidewalks, trails, pathways, and hardscape areas contiguous to City landscape areas shall be swept, cleaned, or hosed down when landscape services are provided, if necessary, to remove glass, sand/dirt, leaves, pine
EXHIBIT A
needles or any other debris that is hazardous to foot traffic or the intended use of the area.
5.19 LIGHTING INSPECTION
All area/security lighting and monument lighting systems shall be inspected monthly, and a written report shall be submitted. Any damaged or malfunctioning equipment shall be reported to the City Landscape Supervisor.
5.20 ASPHALT AREAS AND PATHWAYS
Special emphasis shall be placed on chemical edging along these areas to prevent damage to the asphalt by vegetation. All such damage shall be repaired at the Contractor's expense.
5.21 IRRIGATION SYSTEM MAINTENANCE
A. Contractor shall be responsible for all repairs, to the complete in-ground portion of the irrigation system from the point that irrigation water exits the system to the point of connection with the water meter.
B. Irrigation maintenance shall include inspections, operation of the systems, adjustments, repairs, modifications, testing, analysis, and other work as needed.
C. Reporting:
1. All Irrigation systems shall be checked once per week, at a minimum, for proper operation. A record of this observation must be maintained and submitted to the City Landscape Supervisor by the first working day of the following week. During extreme weather conditions more frequent observations and adjustments may be required.
2. Contractor shall submit an irrigation schedule, which lists watering days and times for standalone controllers.
3. Contractor shall create and maintain irrigation zone data sheets upon request of the City Landscape Supervisor.
4. The initial programming of new controllers shall be performed by City personnel, with the contractor's assistance.
D. Repairs & Maintenance:
1. Any repairs identified in the observation report will be corrected within 48 hours.
2. Any repairs made by the Contractor shall be in accordance with the original design specifications. All materials are to be new and identical to existing materials unless a Landscape Supervisor approves a substitute in writing.
EXHIBIT A
3. Contractor shall implement repairs in accordance with all effective warranties, and no separate payment shall be made for repairs on equipment covered by warranty.
4. The Contractor shall keep all irrigation heads clean of flow impediments and always adjusted properly.
5. Contractor shall be responsible for adjusting height of sprinklers and risers as necessary to compensate for growth of plant material.
6. Contractor shall restore any landscape areas disturbed by irrigation repair work back to their preexisting condition.
7. Damages to plant material due to the Contractor's lack of performance in accordance with these specifications shall be the responsibility of the Contractor and will be repaired at the Contractor's expense.
8. Damage to the system caused by conditions under which the contractor has no control, shall be repaired by the contractor as Extra Work if approved by the City Landscape Supervisor. Such circumstances include:
• Theft (Missing/Broken Heads)
• Storm Damage
• Damage/Vandalism by Others
9. At any time, the Landscape Supervisor may request a coverage test to evaluate proper settings, timing, usage, or maintenance of system.
10.The Contractor shall keep all controller enclosures free of debris and pests, always. Any resultant damage due to the Contractor not meeting this specification will be the Contractor's responsibility.
11.The Contractor shall be responsible for hand watering at no additional cost any areas not provided with an automatic irrigation system.
Contractor will also be required to hand water at no additional cost any landscape areas with a non-functioning irrigation system if it is the Contractor's responsibility to maintain that system.
12.The Contractor may be required to hose off plant material monthly in areas where a drip system is used.
13.Contractor shall maintain an adequate inventory of medium to high usage stock items for repair of the irrigation system.
EXHIBIT A
E. Water Management:
1. The City of Upland Facilities has approximately 25 irrigation controllers.
2. The Contractor is responsible to always monitor and adjust all automatic controller programs. Contractor shall coordinate central irrigation system program adjustments with the City Landscape Supervisor. Contactor is expected to use the minimum amount of water required to maintain healthy plant growth and vigor.
3. Irrigation shall be applied at hours that will ensure that vehicular traffic and foot traffic is not disturbed.
4. Watering shall be scheduled to prevent runoff, pooling, and over- watering.
5. In determining rates of application, soil type, topography, and weather condition shall be taken into consideration.
6. Until the groundcover plantings are established, care shall be exercised to minimize soil erosion using proper irrigation programming. Repeat cycles shall be utilized where appropriate and available, applying water over shorter periods of time that will allow for proper infiltration.
7. Particular attention shall be required for all sloped areas which, by physical nature provide for the greatest potential runoff.
8. Contractor shall turn off all stand-alone controllers in the field when it is unnecessary to irrigate due to adequate rainfall. Failure to turn off the irrigation controllers shall result in a $250.00 deduction from payment per occurrence.
9. Automatic controllers, backflow and pump enclosures shall be kept always locked. The City Parks and Landscape Supervisor and assigned City Maintenance staff will have master keys to all controllers. (The City shall provide locks for irrigation enclosures. However, it is the contractor's responsibility to request and replace locks as needed).
10.A11 irrigation controller, backflow device and pump enclosures shall be painted as needed to prevent rusting and to maintain good appearance. (Stainless steel enclosures shall not be painted). Painting shall occur a minimum of once per year and shall be placed on the annual activity schedule as outlined in the maintenance schedule. Paint color will be determined by City Landscape Supervisor.
5.22 PERFORMANCE ON SCHEDULE:
A. The Contractor will be provided the latitude to establish work schedules that correspond to its manpower and equipment resources. The Contractor will also
EXHIBIT A
be provided the opportunity and procedures for adjusting those schedules to meet special circumstances. The City Landscape Supervisor must approve all schedules and changes and such approved schedules shall consider the needs of the various leagues, and organizations that use the facilities. Therefore, all work shall be completed on the day scheduled (as shown on the schedule). Failure to complete this work will result in a deduction of $250.00 from payment for each occurrence.
B. Deficient Performance: The contractor shall be notified both verbally and in writing each time performance is considered to be non-satisfactory and corrective action is necessary. The contractor shall complete corrective action within two (2) hours of notification. Failure to completely open/address a site according to the schedule and these specifications will constitute deficient performance.
5.23 ANCILLARY / EXTRA SERVICES
In the event the Contractor is required by the City and agrees to perform ancillary / extra services, the following procedure shall govern such work:
Work will be executed under the direction of the Public Works Operations Manager on a time and materials basis or an agreed lump sum price depending on the nature of the work.
A written estimate of cost will be required for approval by the City Landscape Supervisor for approval prior to the work being done. The Contractor shall maintain records sufficient to distinguish the direct cost of other operations. He shall furnish reports of extra work on forms furnished by the contractor, itemizing all costs for labor, materials, and equipment.
The report shall include hours worked. Invoices for extra work shall be submitted no later than sixty (60) days after the City's acceptance of the proposal for work. The following procedure will govern such extra work:
City will issue work request for such extra work to be performed.
Material cost shall be actual cost not to exceed 15% for the handling of materials purchased by the Contractor and used for the extra work.
Extra work must be approved by the Public Works Operations Manager or designee in writing.
Extra work may include, but is not limited to the following:
• Landscape improvements and repairs.
• Hardscape improvements and repairs.
• Irrigation system improvements and repairs.
• Tree removals and/or pruning.
• Steam cleaning and pressure washing.
• Wind and/or rainstorm debris cleanup.
EXHIBIT A
EXHIBIT B
SCHEDULE OF SERVICES /COMPENSATION
of °pt
VO, ;; d
5., - V
447070
LANDSCAPE MAINTENANCE LOCATION Frequency Type of Total Unit Cost Annual Cost DETAILS: (Weekly) Material Square (Weekly) Feet
City Building Facilities
Public Works Yard - 1370 N Benson Ave W Plant Mat. 12,951 $49.22 $ 2,559.44 Police Station - 1499 W 13th St W Turf / Plant 102,562 $ 389.74 $ 20,266.48 Old Fire Station - 2046 N San Antonio Ave W Turf / Plant 24,243 $ 92.13 $ 4,790.76 City Hall, Library, Carnegie & Historic Fire. W Turf / Plant 193,028 $ 733.53 $ 38,143.56 450 & 460 N. Euclid Ave & 123 D Street.
Total ____ �_ 332,784 — $ 65,760.24 Total 3-year contract cost $197,280.72.
CITY OF UPLAND
LANDSCAPE MAINTENANCE SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 13t' day of April, 2026, by and between the City of Upland, a general law city and municipal corporation organized under the laws of the State of California with its principal place of business at 460 N. Euclid Avenue, Upland, CA 91786 ("City") and Landscape West Management Services, Inc., a California Corporation with its principal place of business at 1234 N. Blue Gum Street, Anaheim, CA, 92806 ("Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement.
Contractor represents that it is experienced in providing landscape maintenance services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City.
Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
2.2 Project.
City desires to engage Contractor to render such services for Landscape Maintenance Services ("Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional landscape maintenance services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state, and federal laws, rules, and regulations.
3.1.2 Term. The term of this Agreement shall be from July 1, 2026 through June 30, 2029 unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than three (3) additional one-year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. - 1 -
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods, and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.
Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance
3.2.1.1 PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System ("PERS") to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.
3.2.4 City's Representative. The City hereby designates the Operations Manager, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee. - 2 -
3.2.5 Contractor's Representative. Contractor hereby designates the Branch Manager, or his 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 the Contractor for all purposes under this Agreement. The Contractor's Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants, and other staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees, and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.8 Period of Performance and Liquidated Damages. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above ("Performance Time"). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits "A" or "B" attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged, and agreed that the City will suffer damage.
Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of Two Hundred Fifty Dollars ($250) per day for each and every calendar day of delay beyond the Performance Time or beyond any completion schedule or Project milestones established pursuant to this Agreement.
3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City's decision, Contractor shall have such remedies as may be provided by law.
- 3 -
3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules, and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours' labor shall constitute a legal day's work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify, and hold City, its officials, directors, officers, employees, and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.10.1 Employment Eligibility; Contractor. By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor.
Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor's compliance with the requirements provided for in Section 3.2.10 or any of its sub- sections.
3.2.10.2 Employment Eligibility; Subcontractors, Sub-subcontractors, and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.
3.2.10.3 Employment Eligibility: Failure to Comply. Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.
-4 -
3.2.10.4 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services.
3.2.10.5 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination.
3.2.10.6 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements' application to "portable equipment", which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
3.2.10.7 Water Quality.
(A) Management and Compliance. To the extent applicable, Contractor's Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City's ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.
(B) Liability for Non-Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor's non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees, and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and - 5-
policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph.
3.2.11 Insurance.
3.2.11.1 Time for Compliance. Contractor shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Section.
3.2.11.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees, or subcontractors.
Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: minimum amount of $1,000,000 per occurrence; and $2,000,0000 aggregate for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: minimum amount of$1,000,000 combined single limit per accident for bodily injury and property damage; (3) Workers' Compensation and Employer's Liability: Workers' Compensation/Employer's Liability limits with a minimum amount of $1,000,000 per accident for bodily injury or disease, as required by the Labor Code of the State of California; (4) Professional Liability: minimum amount of $1,000,000 per claim and aggregate (errors and omissions) .
Defense costs shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement. - 6 -
(D) Additional Insured. The City of Upland, its directors, officials, officers, employees, agents, and volunteers shall be named as additional insureds on Contractor's and its subcontractors' policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.
3.2.11.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed (amended)to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Upland, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City before the City's own primary insurance or self-insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section
3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(A).
(B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it in any way.
Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(B). (C) Workers' Compensation and Employer's Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) Professional Liability (Errors and Omissions). At all times during the performance of the work under this Agreement the Contractor 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 - 7-
be written on a policy form specifically designed to protect against acts, errors, or omissions of the Contractor. "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) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A)coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B)any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.
3.2.11.4 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.
All required insurance coverages, except for the professional liability coverage, shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
3.2.11.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
3.2.11.6 Subcontractor Insurance Requirements. Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Contractor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City shall be named as additional insureds on all subcontractors' policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.
3.2.11.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A: VIII, licensed to do business in California, and satisfactory to the City.
3.2.11.8 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. - 8 -
3.2.11.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor's insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement.
3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.13 Bonds.
3.2.13.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit "C" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.13.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit"C" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.13.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient, or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.
- 9 -
3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best's rating no less than A: VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.2.15 Work Site.
3.2.15.1 Inspection Of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor's ability to protect existing surface and subsurface improvements. No claim for allowances—time or money—will be allowed as to such matters after commencement of the Services.
3.2.15.2 Field Measurements. Contractor shall make field measurements, verify field conditions, and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents, including any plans, specifications, or scope of work before commencing Services. Errors, inconsistencies, or omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition.
3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City.
3.2.17 Warranty. Contractor warrants all Services under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Contract, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an additional one-year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require - 10 -