Agenda packet — Upland City Council, June 23, 2025 (part 3 of 4)

APPENDIX C

NON-COLLUS ION AFFIDAVIT
STATE Of CALIFORNIA,COUNTY OF SAN BERNAROCHO
N icole Beale ,being first duly.sworn.,deposes and saws (Maine of Afflant
That he is r rtncr of Gee iraphies
ITIt Ie) (Name PI'PrrapMer)
the party making the foregai ng proposal;that the proposal is not made In the Interest of,c r on behalf of,any undisclosed person, partnership,company,association,organization,or corporation;that the proposal is genuine and not collusive or sham;that the proposer has not directly or indirectly induced or solicited any other proposer to put In a false or sham proposal,and has not directly or indirectly colluded,conspired,connived,or agreed with any proposer 4r anyone else to put in a sham proposal,or that anyone shall refrain from proposing; that the proposer has not in any manner, directly or indlreetlyr sought by agreement, communicationr or co-nFerence with anyone to la the proposal price of the proposer or any other proposer.or to fix any overhead, profit or cost elertlent of the proposal ofiCe,or Of that Of bny Other proposer,Or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract;that all statements contained in the proposal are true;and further,that the proposer has not,directly or indirectly,submitted his or her prop4331 prior or any breakdown thereof,or the contends thereof, or divulged Information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership,company association,organizatioa7,bid depository,or to any member or went thereof to effectuate a collusive or Sham proposal.

The prpyrslons of this Affidavit 0011 not be held a$disqualifying d person,firm,or corporation who has submitted a sub-proposal to orae proposer from submitting separate sub-proposals or quoting prices for material or work to other proposers. dart
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Counlyof On ) Frtl 1 date),balsa me, L-Aradirldtfor iresert rote and bile of the rcer),personally appeared Jy i(('f w ho probed to me on the basis of satisfactory ealderice to be the persoiils)whose namels)Isiare sub uibed 1.4 Fire within Instrument and acknowledged to me that he/she/they executed the same-le Ms./ter/their authorized capacityLies),and that by tirs,lher/their signature(s)on the instrument Lhc person's),or the er ity uperL behalf of which the person[r]acted,eKccutcd the instrument. 1 certify order PENALTY OF PEfUtillY under the laws of the State of callforrna that fire foregoing paragraph Is true and correct W ITNESS r ry hand and Official ygai.

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Signature
BB&K(2025) 1 7 EXHIBIT A SCOPE OF SERVICES

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EXHIBIT "B"

DESIGN BUDGET/SCHEDULE OF PAYMENT
Cost Proposal — Per Issue Taxes not included
The following casts represent not-to-exceed amounts as defined by the scope of work.Certain items may vary based on the City's requirements—for example,postageratesareexpected to change during the contract period,and photography costs will fluctuate depending on the needs of each issue.An itemized invoice will be provided after each issue.

Design Proposal Print I Mail Proposal
443 page self-cover,8.125"x1a375 454*all glass
Project Management Quanta 30,750
2 hourt $216 Note:quantity change: to only include residents and 500 to City offices
Copywriting $756 40 pages 18125"x10,375"
7 hours @$10R'hour
Printing $12,527
Full Design&Layout of Guide $3,230
38 hours $85/hour r
Mail Services
simplified mailing,leftovers to $924
3 Rounds of Revisions $2,380 designated locations in Upland 28 hours $85.+'hour
Photography iif needed: $0 Approx.Postage $6,919 $11h?1 our
Stock Photography/illustration $0 $20,370 various images/unlimited'
Pre-Pmss/Anal Art $170
2 hours @$B.!hour
PDF and HTML Flipbook created $1$ Per Issue Costs for publication on City website (Desig n/Printing/Mailing/Postage) $6,902
Design $6,902
The estimated hours are based on actual Printing&Bindery $12,527 recorded time,averaged over a two-year period. (existing parameters) Mail Services $924
Postage iapprox..i $6,919
$27,272
Taxes not included
Per-Year Costs (Includes 4 issues)
(Design/Printing/Mailing/Postage)
Total: $109,088 yearly
BB&K(2025) 18 EXHIBIT B SCHEDULE OF SERVICES

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EXHIBIT "B" (CONT.)

REBRAND BUDGET
To begin the development process for the masthead, we will explore examples from other communities taking away elements and strategies that are successful. With over 100 years of history, Upland has a rich visual legacy. We will carefully review both historical and contemporary visual resources to select elements that best reflect the City's identity. Additionally, we will assess materials currently in development for Upland's marketing efforts and collaborate with staff to determine their most effective use.

Cost Proposal
UPLAND TODAY New Deal*n SCHEDULE
One Time Re brand of Upland Today
Fall 2025
• 4-.ent new designs week of 6/9 Coordination/Meetings Upland chooses design 6/12-6/16 4 hours u�. $1t0 ,hour $ 32 Geo finishes formative pages 6/16-6/26 2 Design Choices Upland provides Fall content (cover and 1 City spread, $2,380 (City & Rec) 6/2 5 l31) 1 Recreation spread) 2B hours 5 $85.hour
Geo inputs Fall
content creates first draft 6/3O-7/7 2 Rounds of Revisions $170 2 Flours $ 5.1iour
$2,982
BB&K(2025) 19 EXHIBIT D FEDERAL PROVISIONS

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EXHIBIT "B" (CONT.)

FEE SCHEDULE
Graphic Design BS/hr
Graphics Production $85/hr
IElustration SS/hr
Project MariagementlCoordination 108/hr
Content Development/Copywriting 1r8/hr
Photography/I1ultimedia Production $108/hr
Stock Photog raphy-Basic Free*-$4 per photo
Stock Photography-Special 40 per photo
Digital Imaging: Photo Processing/Digital Handling 85/hr Web Development and Programming $139/hr
No additional charges for telephone consultation, overtime and rush requests_ Hourly rates are billed in 15-minute increments.

Te rm s: Net 45
Ceor-ropii res 11.1 o r ernerrc library of.e❑ck pfaUeos Tor J.rnog FhuL ore Uv rk rb e ro currer r ever?Fs. These ferrl rnu5i: raoE b exrracred, reproduced or used Jn any.Ater vvoy Some arrrr�c es may n CZ be uva crbe and may need[c be purchosed br o pace.

BB&K(2025) 20 EXHIBIT D FEDERAL PROVISIONS

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4 or UN
`tCALIFORNIA LEVINE ACT DISCLOSURE STATEMENT
Ogt�� 4Q"
California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits City Officers from participating in any action concerning a license, permit,other entitlement for use,franchise, or contract(collectively"license, permit,or contract") if they receive political contribution(s)from a party, or its agent(s), totaling more than $500 within the twelve (12) months before the proceeding, while a proceeding is pending, and for twelve (12) months following the date of a final decision in a proceeding.

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

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

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

1. Have you or your company,or any agent/board member on behalf of you or your company/entity, made any political contributions of more than $500 to any Upland City Council Member in the 12 months preceding the date of the submission of your proposal or application,or the anticipated date of any Council action?
YES If yes, please identify the Council Member(s):

X NO

2. Do you or your company/entity, or any agency on behalf of you or your company/entity, anticipate or plan to make any political contribution of more than $500 to any Upland City Council Member in the 12 months following any Council action related to your proposal or application? YES If yes, please identify the Council Member(s):

X NO
Answering yes to either of the two questions above does not preclude the Upland City Council from awarding a contract or approving an application or any subsequent action. It does, however, preclude the identified Council Member(s)from participating in any actions related to your proposal or application. 6/4/25 /,�4 g 4
Date Signature of authorized individual
Geographics
Company/Applicant Name
(Levine Act definitions on reverse side)

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

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

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

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

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

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

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

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

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4<�°v °p`qt CITFUP LAND
o "The City of Gracious Living"
- -
DATE: June 23,2025
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:DAMIEN ARRULA,ASSISTANT CITY MANAGER

BOB CRITCHFIELD,ENGINEERING MANAGER
SUBJECT: CONSIDER APPROVAL OF A TRAFFIC SIGNAL MAINTENANCE SERVICES

AGREEMENT
RECOMMENDED ACTION:

It is recommended that the City Council: 1) approve the Traffic Signal Maintenance Services Agreement with Crosstown Electrical and Data,Inc. for a contract period of two(2)years at an estimated cost of$293,000 annually; 2) authorize the City Manager to execute the Agreement; and 3) authorize the City Manager to execute future amendments for up to three(3)additional one-year terms pending available budget.

GOAL STATEMENT
The proposed action supports the City's goal of providing cost-effective means of maintaining City traffic signals and improving the safety of the community.

BACKGROUND
The City is responsible for maintaining 89 traffic signals and pays a proportionate fair share to adjacent agencies (Montclair and Rancho Cucamonga) for the remaining eight. Additionally, Upland maintains 11 flashing beacon locations(ten in school zones and one pedestrian crossing signal).

In accordance with industry standards, traffic signal maintenance generally consists of two types of activities:
preventative maintenance and emergency/extraordinary services. Preventative maintenance involves checking, cleaning, repairing, and replacing certain signal parts, once every two months. Emergency/extraordinary services pertains to on-call services, for which the contractor responds to signal failures, malfunctions, vehicle collisions, upgrades,adjustments,etc.,at the request of the City.

On October 26,2020,the City Council awarded a traffic signal maintenance agreement to Econolite Systems,Inc.for a contract period of 3 years,with the option to renew for two additional one-year terms upon mutual consent of both the City and Econolite Systems.

On June 26, 2023, the City Council approved the First Amendment to the agreement with Econolite Systems, Inc. providing for a one-year term renewal(Fiscal Year 2023-24).

On June 10,2024,the City Council approved the Second Amendment to the agreement with Econolite Systems, Inc. providing for a one-year term renewal(Fiscal Year 2024-25).

ISSUES AND ANALYSIS
On May 5, 2025, the City issued the Traffic Signal Maintenance Services Request for Proposal (RFP) to local contractors and posted on the City's website and PlanetBids. On May 27,2025,the City received four(4)proposals, which were later evaluated by a technical committee consisting of two Public Works staff from the Engineering/CIP Division,and one Development Services staff member from the Land Development&Transportation Division. Based on the proposal responsiveness,the committee ranked then as follows:

Company Rank
Crosstown Electrical and Data,Inc. 1
Yunex Traffic 2
Econolite Systems 3
St.Francis Electric 4

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All four(4)firms are equipped and qualified to handle the proposed work. The committee concluded that Crosstown Electrical and Data, Inc. had the best combined proposal that demonstrated their qualifications, technical understanding,financial strength,and proposed pricing cost.

ENVIRONMENTAL DETERMINATION
The traffic signal maintenance services agreement is not a project subject to the California Environmental Quality Act (CEQA) pursuant to Section 15301 "Existing Facilities" repair and maintenance and involves no expansion of an existing use.

FISCAL IMPACTS
The cost for Preventative Maintenance is$42,690 annually over the two-year term,as specified in Cost Schedule"A".

The cost for emergency/extraordinary traffic signal services is estimated at$250,310,but is subject to change as they are directly dependent upon the need for service due to equipment failures,vehicle collisions with signal equipment (i.e.traffic signal poles,controller cabinets, etc.),vandalism,etc. There are available funds in the Fiscal Year 2025- 26 Traffic Facility Maintenance Other Services Account No. 1015406-5258.

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

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CITY OF UPLAND

MAINTENANCE SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 23rd day of June, 2025 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 Crosstown Electrical and Data, Inc., a with its principal place of business at 5454 Diaz Street, Irwindale, CA 91706 ("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 Traffic Signal 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 the Traffic Signal Maintenance Services project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Traffic Signal 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, 2025 through June 30, 2027, 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 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 -

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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 Bob Critchfield, Engineering 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 -

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3.2.5 Contractor's Representative. Contractor hereby designates Jerry David, Senior Operations 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. 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.

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.

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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 -

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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 - 5-

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adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph.

3.2.11 Insurance.

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

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

Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(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: $1,000,000 MINIMUM; and $2,000,0000 aggregate per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability:
$1,000,000 MINIMUM per accident for bodily injury and property damage; and (3) Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of$1,000,000 MINIMUM per accident for bodily injury or disease. 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 - 6 -

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promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement. (D) Additional Insured. The City of Upland, its directors, officials, officers, employees, agents, and volunteers shall be named as additional insureds on Contractor's and its subcontractors' policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.

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

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.

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

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

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

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

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

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

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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.

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.

3.2.13.1 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.

3.2.13.2 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.

3.2.13.3 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The - 9-

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

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

3.2.15 Work Site.

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

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

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

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

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acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction 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"C"attached hereto and incorporated herein by reference. The total compensation shall not exceed TWO HUNDRED NINETY THREE THOUSAND DOLLARS AND ZERO CENTS ($293,000.00) per City fiscal year without written approval of City's Engineering Manager. Extra Work may be authorized, as described below.

3.3.1.1 Adjustments. Beginning July 1, 2027, 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 by April 1, 2026. The failure to submit price adjustment requests by April 1, 2026 shall waive the Contractor's right to request an adjustment for that year. Upon proper notice, price adjustments shall go into effect on July 1, 2027 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 statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums. - 11 -

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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 or fifty thousand dollars ($50,000.00). In no event shall the total sum of the agreement exceed

THREE HUNDRED TWENTY TWO THOUSAND THREE HUNDRED DOLLARS AND ZERO CENTS ($322,300.00). Any Extra Work in excess of this amount shall be approved by the City Council. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative.

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.

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be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.4 Termination of Agreement.

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

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:

Crosstown Electrical and Data, Inc.
5454 Diaz Street
Irwindale, CA 91706
Attn: Dave Heermance, 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
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Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.2 Indemnification.

3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, "Claims") in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor's Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorneys' fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor's indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense which is caused by the 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. - 14 -

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

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

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

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

3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

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 - 15-

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

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

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

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

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

3.5.18 Fleet Compliance.

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

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

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

MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF UPLAND
AND CROSSTOWN ELECTRICAL AND DATA, INC.

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

CITY OF UPLAND CROSSTOWN ELECTRICAL AND DATA,
INC.

APPROVED BY:

MICHAEL BLAY
City Manager By.

Its:

ATTESTED BY:

Printed
Name:

KERI JOHNSON
City Clerk
By:

Its:

APPROVED AS TO FORM:

Printed
Name:

Best Best & Krieger LLP
City Attorney
756309
Contractor's License Number
1000000155
DIR Registration Number
- 17 -

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EXHIBIT A

SCOPE OF SERVICES
CITY OF UPLAND RFP DATED MAY 5, 2025, INCLUDING CLARIFICATION MEMORANDA DATED MAY 14, 2025, MAY 19, 2025, AND ADDENDUM NO. 1 ISSUED MAY 19, 2025

EXHIBIT A

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EXHIBIT B

SCHEDULE OF SERVICES
CITY OF UPLAND RFP DATED MAY 5, 2025, INCLUDING CLARIFICATION MEMORANDA DATED MAY 14, 2025, MAY 19, 2025, AND ADDENDUM NO. 1 ISSUED MAY 19, 2025

EXHIBIT B

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EXHIBIT C

COMPENSATION
CROSSTOWN ELECTRICAL AND DATA, INC. PROPOSAL DATED MAY 27, 2025, EXHIBIT 'A', COST PROPOSAL SCHEDULE "A" (PREVENTATIVE MAINTENANCE SERVICES SCHEDULE), COST PROPOSAL SCHEDULE "B" (SCHEDULED REPAIR SERVICES SCHEDULE), COST PROPOSAL SCHEDULE "C" (EMERGENCY RESPONSE SERVICES — VEHICLES & EQUIPMENT), AND "D" EMERGENCY RESPONSE SERVICES — PERSONNEL)

EXHIBIT C

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Performance Bond
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the CITY OF UPLAND , with its principal place of business at 460 N. Euclid Avenue, Upland, California 91786(hereinafter referred to as the"City")has awarded to Crosstown Electrical & Data, Inc., (hereinafter referred to as the "Contractor") an agreement for Traffic Signal Maintenance Services, (hereinafter referred to as the "Project").

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents (Request for Proposal and Maintenance Services Agreement)for the Project dated May 5, 2025, (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, , the undersigned Contractor and as Surety, a corporation organized
and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of DOLLARS, ($ ), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney's fees, incurred by the City in enforcing such obligation.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1)year after the acceptance of the work by the City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship.

The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15.

EXHIBIT C

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Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City's option:

Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
iii. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City's objection to Contractor's further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

EXHIBIT C

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IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is per thousand. The total amount of premium charges is $
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety
and Agent or Representative for
service of process in California)

EXHIBIT C

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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA

COUNTY OF
On , 20 , before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) I Limited
I General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

Name Of Person(s)Or Entity(ies)
Signer(s)Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.

EXHIBIT C

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STATE OF CALIFORNIA

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s)Or Entity(ies)
Signer(s)Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of Attorney to local representatives of the bonding company must also be attached.

END OF PERFORMANCE BOND

EXHIBIT C

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Payment Bond (Labor and Materials).

KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the CITY OF UPLAND , with its principal place of business at 460 N. Euclid Avenue, Upland, California 91786 (hereinafter designated as the "City"), by action taken or a resolution passed June, 23rd , 2025, has awarded to Crosstown Electric & Data, Inc. hereinafter designated as the "Principal," a contract for the work described as follows: Traffic Signal Maintenance Services (the "Project"); and
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents (Request for Proposal and Maintenance Services Agreement)for the Project dated May 5, 2025, (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and as Surety, are held and firmly bound unto the City in the penal sum of Dollars ($ _ ) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code Section 9100, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Revenue and Taxation Code Section 18663, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys' fees, court costs, expert witness fees and investigation expenses.

This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating

EXHIBIT C

Page 279 of 442 ends

to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or the City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Civil Code Section 9100, and has not been paid the full amount of his claim.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of Contract, including but not limited to, the provisions of Sections 2819 and 2845 of the California Civil Code.

EXHIBIT C

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STATE OF CALIFORNIA

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s)Or Entity(ies)
Signer(s)Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.

EXHIBIT C

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STATE OF CALIFORNIA

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s)Or Entity(ies)
Signer(s)Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.

END OF PAYMENT BOND

EXHIBIT C

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EXHIBIT D

FLEET COMPLIANCE CERTIFICATION
Bidder hereby acknowledges that they have reviewed the California Air Resources Board's policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the "Regulation"). Bidder hereby certifies, subject to penalty for perjury, that the option checked below relating to the Bidder's fleet, and/or that of their subcontractor(s) ("Fleet") is true and correct:
❑ The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto. ❑ The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto.

Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e. third party correspondence or vendor bids).
❑ The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this Project has been deemed an Emergency, as defined under section 2449(c)(18). Bidder shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to section 2449(i)(4). ❑ The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto.

Name of Bidder:

Signature:

Name:

Title:

Date:

EXHIBIT D

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"TRAFFIC SIGNAL MAINTENANCE SERVICES"
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Due: May 27, 2025 at 2:00 PM
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Page 284 of 442 ends

•• .•

City of Upland
RFP for Traffic Signal Maintenance Services CroS OTv n Due Date: May 27, 2025 Electrical _ Data,Inc_ May 27, 2025
Mr. Bob Critchfield, PE
Engineering Manager
City of Upland
1370 N. Benson Avenue
Upland, CA 91786
Dear Mr. Critchfield:

Crosstown Electrical and Data Inc. ("Crosstown") is pleased to submit this proposal in response to the City of Upland's request for proposal for Traffic Signal Maintenance Services.

Crosstown is a local Southern California based Electrical & General Contractor specializing in Traffic Signal Maintenance, installation of Electrical and ITS Infrastructure, fiber optics, copper, wireless, communications, closed circuit television systems, traffic signal installations and modifications. In 2020, Crosstown acquired Computer Service Company (CSC) which has been in the Traffic Signal Maintenance business for over 40 years. With CSC's personnel staying in place, the company's prior work experience has become part of Crosstown. We are an extremely strong team that provides quality traffic signal maintenance services as well as all types of traffic signal related construction and communication work.

Crosstown's Traffic Signal Maintenance division currently employs professional IMSA certified traffic signal/street light electricians and an operational staff consisting of dispatchers, billing specialists, customer service representatives, purchasing agent, and management team. Crosstown intends to use in-house personnel and equipment required to service the city of Upland's (89) signalized intersections, and (11)flashing beacons lights. We support the International Municipal Signal Association (IMSA) training procedures with all of our technicians obtaining advanced certification through in-house training and participation in IMSA certification courses. The specialized experience and professional competence of Crosstown's personnel is identified in the personnel section of this response.

Please note that Crosstown maintains an A & C-10 License, No. 756309. We are also registered with the Department of Industrial Relations, No. 1000000155. Our main office is in Irwindale, which means we are very local to the City of Upland.

We are confident in our ability to meet and exceed the City's expectations, leveraging our technical expertise, comprehensive resources, and commitment to public safety. Thank you for considering our proposal. We look forward to the opportunity to serve the City of Upland as your Traffic Signal Maintenance provider.

Best Regar s,
Dave He ance—President
Phone: (626) 813-6693
Dave(a�crosstowndata.com

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City of Upland Y, ,
RFP for Traffic Signal Maintenance Services CrOSStOT'vn Due Date: May 27, 2025 Electrical Data,Inc.

TABLE OF CONTENTS

1. Cover Letter 1

2. Table of Contents 2

3. Company Information/ Background 3

4. Qualifications of Management Staff and Key Personnel 4

5. Company Experience/ References 7

6. Understanding of Scope and Work Proposal 10

7. Cost Proposal and Attachments 18
• Cost Proposal
• Technician Resumes
• Technician Certifications
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Page 286 of 442 ends

City of Upland 011111116.

RFP for Traffic Signal Maintenance Services CrOS -wZ2 Due Date: May 27, 2025 Electrical Data,Inc.

COMPANY INFORMATION / BACKGROUND
Crosstown Electrical & Data, Inc. was incorporated in 1998 and has been providing Electrical, ITS and traffic signal services successfully for the past 26 years and our acquired traffic signal maintenance division has over 40 years of experience. Crosstown is 100% owned and operated by Mr. David Heermance. We currently have 135 employees with the qualified staff necessary to perform the tasks and services required of this request for proposal. Our traffic signal maintenance technicians are available to take on this contract and provide an exceptional level of service.

Crosstown has good relationships with many cities throughout California and multiple traffic signal maintenance contracts currently in effect that are similar to this RFP, such as the city of San Dimas, Maywood, and Downey. See reference section for additional projects and details. Crosstown maintains a Class "A" General Construction license and a class "C-10" Electrical license, No. 756309, Expires 11/30/26. We are registered with the Department of Industrial Relations, DIR # 100000155. Crosstown complies with the California Labor Code. Pursuant to said regulations entitled: Federal Labor Standards provisions; Federal Prevailing Wage Decision; and State of California Prevailing Wage Rates, respectively.

Crosstown complies with the Copeland Anti- kickback Act (18 USC 874 C) and the implementation regulation (29 CFR 3) issued pursuant thereto, and any amendments thereof.

Key Contact Information:

Company Name: Crosstown Electrical & Data, Inc.

Legal Form of Company: Corporation
License no.: 756309
Federal Employer ID #: 22-3611877
DIR #: 1000000155
Primary Project Contact: Jerry Davis: Senior Operations Manager Telephone Number: (951) 738-1444
Cell Phone: (951) 260-3694
Email: idavis(c�crosstowndata.com
Corporate Office: 5454 Diaz Street
Irwindale, CA. 91706

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City of Upland 0
.0144.1116
RFP for Traffic Signal Maintenance Services C.I'OSS OT'Vn Due Date: May 27, 2025 Electrical- Data,Inc. (626) 813-6693

STATEMENT OF QUALIFICATIONS
Crosstown's technicians are skilled and regularly engaged in traffic signal maintenance as well as performing underground Service alerts (USA's). References from other cities in which we provide Traffic Signal Maintenance services is provided below. Crosstown has the resources and experience to provide cost effective and quality professional services to the city of Upland.

Crosstown has extensive experience in working in busy arterial roadways, freeways, and intersections and is capable of taking all necessary safety precautions to provide both a safet working environment for our team as well as safety for the traveling public.

Our Technicians carry the IMSA Traffic Signal Field Technican certifications. Our lead technician will by a Sr. Level III certified technician which includes education and knowledge in M.U.T.C.D , understanding of basic electronics and electrical standards in the National Electrical Code, National Electrical Safety code, Traffic Control Devices Handbook, lightning and grounding protection and traffic signal preemption devices, and data communication methods.

KEY PERSONNEL / QUALIFICATIONS
A. Crosstown's Qualified Maintenance Personnel
Crosstown will maintain an adequate level of labor resources as required by the Scope of Work. The designated manager will have full involvement in the work effort. The following key personnel and support team will be associated with the fulfillment of this Scope of Work and performance of specified tasks.

Each of our technicians are skilled and meet the standards set forth in the city's request for proposal with the following qualifications:
a. Haresh (Harry) Vaidya — Maintenance Technician / Journeyman Electrician / IMSA Field Technician Level III: Mr. Vaidya will be the lead technician for this project and he possesses strong technical skills and ability to collaborate with others. He will be the lead technician for this project and will be responsible for day-to-day management). He has over 30 years of experience in the industry and his strengths include the installation, repair, and replacement of complex electrical and electronic equipment in the field and in production settings. Mr. Vaidya is experienced in the repair of Econolite ACS/3-2100 and Cobalt controllers and their integrated operation with Econolite Centracs. Please see attached resume for additional information.
b. Galt Grotke — Maintenance Technician / IMSA Field Technician Level II: Galt Grotke is a highly skilled and certified Traffic Signal Technician with over seven years of hands-on experience maintaining, troubleshooting, and repairing traffic signal systems for multiple municipalities throughout Southern California. As a key member of Crosstown Electrical & Data's Traffic Signal Maintenance Division, Galt

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City of Upland
RFP for Traffic Signal Maintenance Services
�'.ziOsS our
Due Date: May 27, 2025 Electrical 4,, Data,Inc. brings technical expertise, operational leadership, and a commitment to public safety to every project. Prior to joining Crosstown, Galt served honorably in the United States Air Force as an Electrical and Environmental Systems Technician, where he gained critical experience in troubleshooting complex electrical systems and responding to high-pressure, time-sensitive challenges. This foundation of discipline, precision, and teamwork continues to drive his performance in municipal traffic signal maintenance.
c. Shea Grotke - Maintenance Technician /IMSA Field Technician Level III: Shea would serve as a backup technician for this project. He has a Bachelor of Arts in Computer Science from Cal State San Bernardino. He has experience as a General Maintenance Supervisor of a Building Complex and working in General Construction for Shimmick. Shea joined Crosstown in March of 2020 and has his IMSA Work Zone Safety and Traffic Signal Level I, II, and III certifications. Shea is also an IBEW Union Traffic signal Maintenance Technician, he is bucket truck certified, and trained in Iteris Video Detection systems, Gridsmart Video Detection systems, and Econolite Controller Programming. He has currently been providing Maintenance services in the cities of Laguna Hills, West Hollywood, Maywood and Los Alamitos. Please see attached resume for additional information.

B. Crosstown's Management Contacts and Support Staff
a. David Heermance, President - Mr. Heermance is the President and CEO of Crosstown Electrical & Data, Inc. which has been providing Electrical and communication services since 1998. He holds a General Construction Class A license as well as an Electrical Class C-10 License and has led Crosstown to experience continual growth and success each year. Mr. Heermance brings over 40 years of overall experience in the installation, operation, maintenance and management of electronic equipment, communications, traffic signals and fiber optic systems to his team. He has in-depth knowledge and understanding of data communications, fiber optics, video, and their application to traffic signals and Intelligent Transportation Systems. Furthermore, Mr. Heermance has developed exceptional management skills in relation to construction and maintenance and ensures that each project is completed successfully and with a satisfied customer. b.Jerry Davis — Senior Traffic Signal Maintenance Operations Manager: As Senior Operations Manager Jerry is also the Contact Compliant Manager for this contract. He is responsible for providing strong strategic leadership for the company by working with other management staff and ownership to establish long- range goals, strategies, plans and policies. As well as plan, develop, organize, implement, direct, and evaluate the organization's fiscal function and performance, Jerry works closely with our entire team as well as our clients. He is responsible for the day-to-day direction, oversight and quality control of and delivery of service on this contract. Jerry has over 35 years of experience in traffic signal construction, maintenance, and service operations, many of those years have been spent in high profile leadership roles. Jerry worked many of his years in this industry as an IBEW Union journeymen electrician, foreman, and general foremen and as a Project

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City of Upland
RFP for Traffic Signal Maintenance Services 47r 5 2 oven Due Date: May 27, 2025 Electrical Data,Inc.

Engineer for Steiny & Co. Jerry came to CSC in early 2013 to oversee all aspects of the company's operations and now manages all Traffic Signal Maintenance operations at Crosstown. He is an active IMSA Member and holds his IMSA Work Zone Safety, Level I and Level II Traffic Signal Field Technician Certifications. c. Ralph Maciel — Inventory / Warehouse Manager: Ralph has been with CSC for 19 years and came over to Crosstown in 2020. Ralph is in charge of ordering the equipment that is needed on a day-to-day basis and ensuring that the supplies stay well stocked. His knowledge of traffic signal equipment has been a vital asset in keeping our warehouse stocked with all the equipment, tools, and supplies needed to keep our city's intersections running and looking great. d. Dan Bylund— Purchasing / IT System Administrator: Dan has a BA in Business and is a Certified Microsoft Professional. He has been with the company for over 5 years and is currently working with our Web-based Maintenance Management System (MMS). This real time work monitoring program (Sales Force) allows the cities to see how the preventative and response maintenance is going on a day-to- day, hour-by-hour time basis. Dan is our liaison with the companies we purchase our equipment through. He also is involved with our monthly invoicing to the cities.

C. Subcontractor (As-Needed)
Smithson Electric — Loop installation
Chris Zell
1938 E. Katella Avenue
Orange, CA 92867
chrissmithsonelectric.com

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City of Upland
RFP for Traffic Signal Maintenance Services LiPOSStOWn Due Date: May 27, 2025 Electrical Data,Inc.

PAST EXPERIENCE/ REFERENCES
A. List of Current Representative Projects and Contact information.

City of San Dimas (36 Intersections, Traffic Signal Maintenance & Emergency on Call Services)
Chase Buckelew, Public Works Maintenance Superintendent 245 East Bonita Avenue, San Dimas, CA 91773
(909) 394-6270
cbuckelew(cr�ci.san-dimas.ca.us
City of Laguna Hills (49 Intersections, Traffic Signal Maintenance & Emergency on Call Services)
Kenneth Rosenfield, Director of Public Works
24035 El Toro Road, Laguna Hills, CA 92653
(949) 707-2655
kronsenfield(a�ci.laguna-hills.ca.us
City of El Monte (73 Intersection, Traffic Signal Emergency on Call Services) Frank Drevdahl, Public Works Administrative Analyst
3990 Arden Drive, El Monte, CA 91731
fdrevdahl(c�elmonteca.gov
City of Monterey Park (63 Intersections, Traffic Signal Maintenance & Emergency on Call Services)
Cesar Vega, Civil Engineer Associate
320 W. Newmark Avenue, Monterey Park, CA 91754
(626) 307-1320
cvega(a�montereypark.ca.gov
City of Hemet (41 Intersections, Traffic Signal Maintenance & Emergency on Call Services)
Matt Devore, Facilities Maintenance Technician
3777 Industrial Avenue, Hemet, CA 92545
(951) 765-3710
mdevore(a cityofhemet.orq
City of Maywood (Traffic Signal Maintenance & Emergency on Call Services) Able Hernandez
4319 East Slauson Ave., Maywood, CA 90270
(323) 562-5700
[email protected]

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City of Upland
RFP for Traffic Signal Maintenance Services Crowd Due Date: May 27, 2025 Electrical -Data,Inc.

CROSSTOWN CORPORATE STRUCTURE
David P.Heermance,
President
Ben Heermance,CFO
1 I
General Construction
and Underground Fiber Optic Division Communication and ITS Traffic Signal Division Systems Division Maintenance Division
J1
Ricardo Avila, JP Nelson Alex Ze eda
p JJerry Davis,Senior
Superintendent Superintendent Superintendent Operations Manager I -•J 45+General Foremen,
Journeymen, 6+Fiber J Optic ..I Abraham Morales, p Shea Grotke,TSM Level Galt Grotke,TSM Level Harry Vaidya,TSM apprentice,and Technicians General Foreman III III Level III Operating Engineers
30+Foremen,
Journeymen, 3+IMSA Level I and II
Appentice,and Technicians
Network Engineers

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City of Upland
RFP for Traffic Signal Maintenance Services ‘—irOSS OW12 Due Date: May 27, 2025 Electrical Data,Inc.

LITIGATION HISTORY
Crosstown does not have any alleged significant prior or on-going contract failures or criminal litigation, however we have had the following civil litigation over the past 7 years, none of which are related to our traffic signal maintenance division:

Lawsuit: Villaloboz
Case#: BC 18STCV06632
Court Location: County of Los Angles
Case Description: Discrimination Claim
Status: Settled
Raquel Villaloboz case: The Rutten Law Firm (818) 308-6915 Lawsuit: Lawson vs. State of California
Case#: BC 650480
Court Location: County of Los Angles
Case Description: Motorcycle Accident where motorcycle driver was killed on a connector road.

Crosstown was pulled into the lawsuit due to a contract for street lighting that covered multiple areas across Los Angeles.

Status: Case Dismissed
Lawson Case: John Carpenter(310) 272-1230
Lawsuit: Department of Transportation (Related to Lawson Case) Case#: 19SMCV00687
Court Location: County of Los Angles
Case Description: Breach of Contract (Related to above `Lawson' lawsuit) —The State of California is alleging breach of contract due to the Insurance company refusing to indemnify Caltrans. The insurance company does not believe there is any liability due to the fact that Crosstown did not perform any work in the vicinity of the connector.

Status: Court ordered Dismissal
Department of Transportation: Jeanne E. Scherer(213)687-6000

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City of Upland
RFP for Traffic Signal Maintenance Services CZ'OSS 0T'VI2 Due Date: May 27, 2025 Electrical,- , Data,Inc.

UNDERSTANDING OF THE SCOPE OF SERVICES AND WORK PROPOSAL The following sets forth Crosstown Electrical & Data's : A (Crosstown's) approach and understanding to . , - accomplishing the tasks outlined in the Scope of Work i --4 `' (SOW). Poothtll^ s
General
0-,
Crosstown will have all required tools, materials, III. equipment, apparatus, facilities and skilled labor services ' 4 ,,_ %„ IIr
available to perform all work necessary for this RFP, ,- including but not limited to maintain and repair the traffic s - signals and safety lights in the City in compliance with current City standards and specification. A hydraulic bucket truck capable of reaching a height of at least 35 feet above the roadway surface will be available. A computer laptop for programming, maintenance and testing of traffic signal controllers and equipment will be provided to our technicians.

Crosstown will provide all vehicles and traffic control necessary by our Technicians and vehicles will be equipped with permanently mounted warning beacon/strobe lights, traffic cones, construction warning signs. Traffic control/lane closures will conform to the California Manual on Uniform Traffic Control Devices.

Crosstown will maintain a valid Class A and Class C-10 contractor license. Contractor license No. 756309 which expires on 11/30/26. We will also apply for and maintain a current City of Upland Business license throughout the duration of the agreement.

Crosstown will pay prevailing wages pursuant to Labor Code section 1771 and is registered with the Department of Industrial Relations, DIR #1000000155.

Crosstown's assigned signal technician will be available to meet with the City's designated representative as needed and agreed upon mutually, to discuss signal maintenance activities.

Crosstown will provide and maintain emergency service response to the City's traffic signals on a 24 hour a day, seven days a week basis, including all holidays. Crosstown will provide emergency contact information to the city and will provide technicians with appropriate communications for dispatch.

Crosstown will provide a monthly nighttime inspection report of all signalized intersection safety lighting including illuminated street name signs for proper operation. We will also be available for any additional services required by the City. Crosstown is able to self perform most work, except loops, and has the staff and resources to gear up quickly should the need arise.

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City of Upland ta5
RFP for Traffic Signal Maintenance Services
C—r 01444
Due Date: May 27, 2025 Electrical Data,Inc.

PREVENTATIVE MAINTENANCE
Crosstown will provide a routine, comprehensive preventive maintenance program to minimize the incidence of outages and malfunction; reduce complaints; and extend the useful life of the traffic signal equipment.

The items below are per the RFP and Crosstown will provide the following at least once every two months at each traffic signal location:
• Walk the intersection and visually inspect all signal heads for proper operation, alignment, broken lenses, and missing parts. Verify all pedestrian push buttons (and bicycle push buttons if equipped) and audible chirpers (if so equipped) are operable and observe the proper timing and display. Remove any easily removable, unauthorized signs, stickers and posters and note any graffiti existing on signal poles or equipment. Notify City of any graffiti observed on traffic signal equipment. • Crosstown will replace all burnt out traffic signal lamps and pedestrian modules discovered on the preventative maintenance rounds. During the preventative maintenance rounds, the City shall pay for the lamp material cost only in these cases (no labor or vehicle charges, as these are already paid for in the Preventative Maintenance costs). Crosstown will log the date, time, location, and direction of any new lamps installed in the maintenance log with the serial numbers, so that warranty replacement can been done if needed. Crosstown will use LED lamps per Caltrans specifications or approved equal. Lamps in 3M programmed visibility heads and light emitting diodes shall be replaced at the time of burnout.

Crosstown will clean, polish, and inspect all lenses and reflectors at the time the traffic signals are re- lamped. At such time, all broken and deteriorated parts will be replaced or changed, as necessary; signal, pedestrian heads, and video detection cameras aligned; mast arm- mounted street name signs adjusted; and, optically programmed signal heads adjusted.
• Examine the functioning of the controller in relation to the traffic. Manually place vehicle and pedestrian calls on each phase through the cabinet test switches or the controller keypad, to verify controller servicing of each active phase. Check controller logs for any faults that have occurred and make note for the file. Verify signal timing is current with timing sheet in cabinet. Verify time and dates are correct in any conflict monitor unit (CMU/MMU) with an internal clock. CMU shall be tested at least once per year.
• Check controller time clock and dates for drift and reset on each preventative maintenance round. In addition, all signal controller time clocks and yellow flashing beacons shall be reset within forty-eight (48) hours of changes from Pacific Standard Time to Daylight Savings Time, and vice versa.

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City of Upland
RFP for Traffic Signal Maintenance Services ' s:$ own
Due Date: May 27, 2025 Electrical Data,Inc. • Observe and check for proper operation of detector loops and amplifiers. Check all detector loops for sealant deterioration, exposed wire, etc. Adjust detector amplifiers and correct substandard splices as necessary. For intersections with video detection, verify camera operation by monitoring the vehicle call on the video controller unit, and verify the calls going to the detector call page in the controller. • Check equipment displays and indicators. Verify that all LED and LCD displays and indications on all cabinet equipment is working properly. • Test any pre-emption devices for proper operation (if equipped). • Inspect all relays, switches, and terminals and replace or make adjustments as necessary. Check that each plug-in component fits tightly and securely. • Check controller cabinet mounting. Check the snugness on the anchor bolts and tighten if necessary. Be sure not to distort to cabinet door opening by overtightening. • Check controller cabinet foundation seal. If evidence of water is present in the bottom of the cabinet, check the seal for deterioration and report the need to reseal the cabinet foundation.
• Check controller cabinet door gaskets and other enclosures for evidence of moisture or deterioration. Report the need to replace gasket(s) showing signs of leaking or deterioration.
• Check cabinet fan for proper operation and verify cabin fan thermostat is set at 96 degrees.
• Clean and thoroughly vacuum cabinet. Blow or brush off shelves, terminal blocks, and components.
• Check air filters. Filters shall be replaced in all cabinets so equipped every six (6) months. Filter replacement shall be noted on the log stored in the traffic signal cabinet.
• Check cabinet hinges, locks, and Police Cabinet Switch lock for proper operation.

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City of Upland
RFP for Traffic Signal Maintenance Services
r StS oT/142
Due Date: May 27, 2025 Electrical ::= :Data,Inc. with a minimum amount of oil and wipe off any excess.
• Check cabinet interior light for proper operation. • Check for signs of insect or rodent infestation. Check for signs of ants, wasps, or other insects or rodents within the cabinet. Use appropriate insect sprays, traps or powders if any positive signs of infestation are discovered. More serious problems should be reported to the City's representative.
• Check Ground Fault Circuit (GFCI). Verify the proper operation of the "Test" and "Reset" buttons on GFCI type outlets.
• Check Service Connections. Verify the neutral, ground, and power connections are secure in the controller and service cabinets.
• Quarterly inspect battery back-up system (if equipped) to ensure unit is fully charged.

Check all battery connections to ensure they are clean and secure. Oil battery terminals with approved battery oil to reduce corrosion potential. Check battery backup display for AC IN, UPS OUTPUT, and INVERTER indications. All should be on when utility power is supplied to the cabinet. Also, check battery level and load level displays. Test batteries quarterly. Make note if either is out of range. Keep records of events recorded and total battery run time between maintenance checks to help indicate problem intersections.
• Annually inspect and test each traffic signal conflict monitor. • Check system telemetry on controller display and phone modem (if equipped) located in the cabinet. Report any malfunction to the City's representative. • Institute a routine night-time check of all safety lights and illuminated street name signs (if equipped) at all signalized intersections every other month and submit a report and an estimate for any repairs necessary to the City for approval. • Crosstown will replace or repair any and all defective parts of the signal system which cause the signal failure or malfunction, as the occasion arises, such as the signal controller, master controllers, modems, signal monitor units, push buttons, relays, interconnect, flashers, all kinds of lamp burnouts, detector loops, home run locations, sensing units, video detection camera misalignment, safety lights, illuminated street name sign lights, and wiring system, etc., unless the failure or malfunction falls in the category of extraordinary maintenance as defined in these specifications.

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City of Upland
RFP for Traffic Signal Maintenance Services ` S : .',
144-1
Due Date: May 27, 2025 Electrical • Data,Inc.

Scheduled Repairs
Crosstown will investigate and determine corrective requirements for each reported signal malfunction, failure, and/or outage. The equipment/components include, but are not limited to the following, as shown in this RFP:
• Incandescent Lamps
• Light Emitting Diode (LED) red/yellow/green lamps
• Light Emitting Diode (LED) Pedestrian Count-down Signals • Pedestrian Activation Buttons
• Conflict Monitors
• Signal Safety Lights (HSV and LED)
• Breaker Switches
• Flasher Switches
• Load Switches
• Transfer Switches
• Detector Amplifiers
• Ballasts
• Starters
• Sockets
• Fuses
• Fuse Holders
• Photoelectric Cells
• Signal and Safety Light Wiring
EMERGENCY RESPONSE SERVICES I EXTRAORDINARY SERVICES:

The City may request the Crosstown perform emergency response work on the traffic control system. Crosstown will provide and maintain emergency service response on a twenty-four (24) hour a day, seven (7) days per week basis (24/7), including all holidays.

Crosstown will provide the City with a contact name and phone number of personnel responsible for 24/7 service. This telephone number is to be made available to all persons designated by the City. Emergency Response work shall be performed on a time and material basis.

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City of Upland
RFP for Traffic Signal Maintenance Services ,,,�� " `� Due Date: May27, 2025 Electrical Data, 2 Notification:

Crosstown will contact the Public Works Director or his representative regarding any extraordinary maintenance work, and seek his prior approval before the work is scheduled, except in cases where immediate repairs are necessary to avoid further damage to the signal system or a public hazard exists. In such instances, make temporary repairs.

Emergency Response Services may include, but is not limited to the following:

1. Downed signal poles and/or heads; signals on flash; signal blackout; burned out lamps; damaged controller and/or cabinet; damaged signal meter pedestal; damaged inductive loops and/or video detection equipment; sensing elements; pedestrian push buttons; electroliers; pedestrian signal heads; damaged wiring/conductors; damaged conduits; damage to interconnect communication components; testing, adjustment, or replacement of Opticom emergency vehicle priority control system components; and, other operational equipment related issues.

2. Assisting the City for special events or for City construction projects, as necessary to implement revised traffic signal timing and phasing for changed or anticipated traffic conditions.

Emergency Response Time
Immediate action shall be taken to safeguard the public any time a signal becomes partly or totally inoperative from any cause whatsoever. Crosstown understands that the maximum response times shall be as follows:

1. Emergency and Accident Maintenance — one (1) hour.

2. Replacement of burned out or strobing signal lamps —two (2) hours.

3. Signals in Flash — two (2) hours.

4. Safety Lighting —twenty-four hours (24) hours.

5. All other signal maintenance —twenty-four (24) hours.

Signals on flash, signal blackout not caused by a power outage, and any malfunction of pedestrian signals shall constitute an emergency. The City may extend the maximum response time for maintenance on a case-by-case basis if the signal remains operational in a satisfactory manner and the condition causes no immediate hazard to the public. An example would be a burnt out green on a Type 1A pole with two other functioning green lights for the same direction of travel.

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City of Upland
RFP for Traffic Signal Maintenance Services 7r S O Due Date: May 27, 2025 Electrical Data,Inc.

It is understood that failure to meet the response time requirements by the Crosstown will be sufficient cause for the City to authorize maintenance to be provided by others and for City to deduct the costs of maintenance provided by others from payment(s) due to the Contractor.

Equipment for Emergency Response Work
• Crosstown will repair or replace defective parts of the traffic signal equipment with like make and model parts. City shall be notified by phone and/or email within twenty- four(24) hours whenever equipment is removed.
• Crosstown will cover the cost of furnishing and installing/replacing any parts to the traffic signal system. The City shall reimburse for materials, including an agreed upon mark-up price.
• Crosstown will notify (by phone or email) City representative in advance for any traffic signal deactivations. Deactivations shall not be scheduled without the approval of an authorized City representative.
• Crosstown will furnish, place, and maintain traffic control devices necessary for our own operations.

Spare and Salvaged Equipment
Crosstown will maintain adequate storage and shop facilities with sufficient stock of spare parts and signal equipment to maintain the traffic signal systems. Crosstown will have on hand at all times a minimum of one fully tested standby controller that is compatible with the City's system for every 50 signalized intersections within the City area.

Crosstown will deliver any salvaged or salvageable equipment or material to the City's Public Works Yard located at 1370 N. Benson Avenue. Any equipment or material that is deemed non-salvageable by the City's representative shall become the property of the Crosstown and shall be properly disposed of by Crosstown.

New Traffic Signals
Crosstown will maintain new traffic signals, safety lights, flashing beacons, fire signals, and appurtenant devices as they are being installed or become a part of the City's maintenance requirements. City will provide written confirmation to Crosstown for any new signals or beacons added to the City's system.

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City of Upland
RFP for Traffic Signal Maintenance Services �' ' C�r�s� oTv n
Due Date: May 27, 2025 Electrical Data,Inc.

Upon request by the City, Crosstown will provide support and review of new signal turn- ons.

Warranty Service
Any new equipment installed by Crosstown will be covered with a material and workmanship warranty for a period of one (1) year after date of installation. Should parts or material become defective during the warranty period, Crosstown will notify the City and exercise the warranty. No additional or separate compensation will be paid for warranty service work.

Sample Preventative Maintenance Report— (To be approved by City) // .ro _ r;
O tZ
(
Electrical 'Data,Inc.

PREVENTIVE MAINTENANCE REPORT
Date: Battery Back-up? iorh: Ehatk tee
Arrive Yes / No 0 Albert
Depart: idekt ®Gait
0 Yet ©Michael
Follow-up requiied? 0 No 0 Shea
0 Description of follow-up required: 0 Other:

Comments/Recommendations:

Chetk a Check
• Clean cabinet of dirt/dust • Condition of cabinet exterior Q Controller lamp and door switch Q All lamps including ped indications {�Conflict Monitor indications CI All ped push buttons Recall all phases 1 cycle Q All ped directional plates Q Pan/Thermostat operation ©Pole condition
Q Filter 0 Mph..Oat* 0 Hand hole covers
Q Doors fit/Gaskets p Backplate conditions
Q Locks/Hinges 0 Visor conditions
Q Visual check detector operations 0 Alignment of heads Q Verify timing sheet 0 Missing hardware
0 Field block terminal tightened ©Visual inspection of loops/camera ©togged in visit 0 Visual inspection for pot holes&blacktop ©Battery 0 acotace Dare. Q Visual inspection of regulatory signs Q CCTV Camera tan APR me ocr C)Visual inspection of T/S pull boxes P;Oft:Mark each box Individually. December 2020-006

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City of Upland
RFP for Traffic Signal Maintenance Services C_rossr T' n Due Date: May 27, 2025 Electrical Data,Inc.

COST PROPOSAL
Please see attachment to include the "COST PROPOSAL".

FINANCIAL STATEMENT
Our firm is financially strong and bondable and we have an excellent reputation for providing quality service to various cities and government agencies throughout Southern California. Crosstown has a 3 year average of over 50 million dollars in revenue.

ATTACHMENTS
• Cost Proposal
• Technician Resumes
• Technician IMSA Certifications

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EXHIBIT 'A'

CITY OF UPLAND

TRAFFIC SIGNAL MAINTENANCE SERVICES
An officer or agent of the CONTRACTOR who is duly authorized to bind the company shall sign this Cost Sheet (SEE LAST PAGE). In signing the Cost Sheet, the Contractor: 1) agrees that terms of the proposal/bid are firm for a period of 90 calendar days from the RFP due date, and 2) agrees to comply with all the terms and conditions specified in the RFP, including Exhibits.

COST PROPOSAL SCHEDULE "A"

PREVENTATIVE MAINTENANCE SERVICES SCHEDULE
***Prices are valid until 06/30/2027***
Company Name: CROSSTOWN ELECTRICAL & DATA INC .

PREVENTATIVE MAINTENANCE
ITEM ITEM DESCRIPTION UNIT PER TOTAL
No. COST ANNUAL
COST
1 Bi-Monthly Preventative Maintenance of 89
Traffic Signal Systems and Safety Lighting per $75 . 00 Intersection $40, 050. 00 Intersection
2 Bi-Monthly Preventative Maintenance of 11
Pole and Mast-Mounted Flashing Beacons! $4 0 . 00 Location $ 2, 621 .00 Pedestrian Signals per Location
3 Underground Service Alert(USA) Dig Alert
Service $ 210 . 00 Intersection N/A
Note: The unit costs listed above represent total compensation for all labor, materials, tools, equipment, time, and vehicles necessary to provide the corresponding tasks. 1

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COST PROPOSAL SCHEDULE "B"

SCHEDULED REPAIR SERVICES SCHEDULE
***Prices are valid until 06/30/2027***
Company Name: CROSSTOWN ELECTRICAL & DATA INC.

SCHEDULED REPAIR SERVICES
ITEM ITEM DESCRIPTION UNIT PER
No. COST
1 Replace Type A Detector Loop(1 to 4 loops)
$3, 175 . 00 Loop
2 Replace Type A Detector Loop (5 or more loops) $g 5 5 . 0 0 Loop 3 Replace Type D Detector Loop(1 to 4 loops)
$3, 175 . 00 Loop
4 Replace Type D Detector Loop (5 or more loops)
$ 855 . 00 Loop
5 Replace Type E Detector Loop (1 to 4 loops) $3, 17 5 . 0 0 Loop 6 Replace Type E Detector Loop(5 or more loops) $g 5 5 . 0 0 Loop 7 Replace Video Detection Camera
(City-Furnished Iteris Vector Camera) $ 375 . 00 EA 8 Replace Video Detection Camera
(Contractor furnished Reds Apex Camera) $6, 4 5 0 . 0 0 EA 9 Replace Pedestrian LED Countdown Display
$285 . 00 EA
10 Replace Pedestrian ADA Compliant Push Button $ 105 . 00 EA 11 Replace Pedestrian ADA Compliant Push Button and 4' $1, 3 2 5 . 0 0 EA Pole
12 Replace Type 1A Traffic Signal Pole
$4, 200 . 00 EA
13 Furnish & Install Vehicle Head Indication 8" 3-Head with Yellow Reflective Back Plate $6 01 . 0 0 EA
14 Furnish & Install Vehicle Head Indication 12" 3-Head with $652 . 00 EA Yellow Reflective Back Plate
15 Replace LED Signal Indication RED
$120 . 00 EA
16 Replace LED Signal Indication YELLOW $12 0 . 0 0 EA 17 Replace LED Signal Indication GREEN $ 125 . 00 EA 18 Replace LED PV Lamp $12 5 . 0 0 EA 19 Replace Safety Light Luminaire $HPSV N/A EA (Ex. HPSV with New HPSV)
20 Replace Safety Light Luminaire $8 5 5 . 0 0 EA (Ex. HPSV with New LED)
2

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21 Replace Safety Light Luminaire $g 5 5 . 0 0 EA (Ex. LED with New LED)
22 Furnish & Install 2070LX+ Controller with Software $6, 5 7 0 . 0 0 EA 23 Furnish & Install Clary UPS System with batteries $13, 500 . 00 EA
24 Furnish & Install Clary UPS System, Side Mount Locking Cabinet for attachment to Existing 332 Cabinet, and $17, 2 5 0 . 0 0 EA batteries
Note: The unit prices listed above represent total compensation for all labor, material, tools, equipment, time, and vehicles necessary to complete the corresponding task. For any work not listed on Schedule B, the Contractor shall submit a cost proposal to the City prior to performing the work.

MATERIAL MARK-UP
Material mark-up will not exceed 15% of supplier's invoice price (cost)that will be furnished to the City in any cost proposal for emergency response and/or extraordinary work. 3

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COST PROPOSAL SCHEDULE "C"

EMERGENCY RESPONSE SERVICES - VEHICLES & EQUIPMENT
***Prices are valid until 06/30/2027***
Company Name: CROSSTOWN ELECTRICAL & DATA INC.

VEHICLES & EQUIPMENT
ITEM ITEM DESCRIPTION RATES PER
No.
1 PERSONNEL VEHICLE
$N/A Job-Trip
2 PICK-UP TRUCK
$21 . 0 0 Job-Trip
3 SERVCE TRUCK $7 g . 0 0 Job-Trip
4 HYDRAULIC MAN LIFT
$10 . 0 0 Job-Trip
5 TELSTA TRUCK / BUCKET TRUCK
$10 5 . 0 0 Job-Trip
6 BOOM TRUCK- 18 TON CRANE $6 71 . 0 0 Job-Trip 7 AIR COMPRESSOR $2 0 . 0 0 Job-Trip 8 GENERATOR 10 . 00
$ Job-Trip
9 CONCRETE SAW
$10 0 . 0 0 Job-Trip
Any equipment not listed will be paid per current Caltrans equipment rates. 4

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COST PROPOSAL SCHEDULE "D"

EMERGENCY RESPONSE SERVICES - PERSONNEL
***Prices are valid until 06/30/2027***
Company Name: CROSSTOWN ELECTRICAL & DATA INC.

List the position titles and responsibilities of personnel that will be providing emergency response services to the City per this RFP.

PERSONNEL
ITEM TITLE Straight Time Overtime Overtime No. Hourly Rate Hourly Rate Hourly Rate Sunday/Holiday
1 Superintendent $126 . 00 $ 165 . 00 $212 . 00 2 Lead TS Maintenance Tech $128 . 00 $ 169 . 00 $217 . 00 IMSA Level III
3 TS Maintenance Tech
IMSA Level II $ 127 . 00 $ 168 . 00 $216 . 00 4 Engineering Tech
$128 . 00 $ 169 . 00 $217 . 00
5 Relamper $ 128 . 00 $169 . 00 $217 . 00 6 Traffic Signal Laborer $ 125 . 00 $167 . 00 $ 211 . 00 7 Equipment Operator $130 . 00 $174 . 00 $225 . 00 8 $ $ $
9 $ $ $
10 $ $ $
5

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SIGNATURE OF SERVICE PROVIDER/CONTRACTOR
Contractor hereby offers to furnish all labor, materials, equipment, tools, time, transportation, and services necessary to complete the work in accordance with the specifications and to complete all requirements for the sums quoted in this Proposal/Bid.

In witness hereof, the undersigned represents and warrants that they have the right, power, and legal authority to enter into and execute this document on behalf of the Contractor/Service Provider, and have caused this document to be executed by setting here unto their name, title, and signature.

CROSSTOWN ELECTRICAL&DATA, INC.

Company Name
DAVID P. HEERMANCE
Name of Firm Representative Signa ure of Firm Represe tative PRESIDENT Zl , L O L-
Title Datb of Proposal

THIS PROPOSAL MUST BE SIGNED BY THE CONTRACTOR/SERVICE PROVIDER 6

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HARESH (HARRY) VAIDYA
TOS OWn TRAFFIC SIGNAL TECHNICIAN
Electrical a'Data,Inc. 5454 f;az wirndale, CA 91706 626-813-6693 626-869-0192 Fax

PROFESSIONAL SUMMARY
Experience and corresponding expertise has resulted in excellent qualifications as an ELECTRICAL, ELECTRONIC and ELECTRO-MECHANICAL TECHNICIAN. Possess strong technical skills with the ability to collaborate with engineers on prototypes and designs. Highly proficient at maintaining, assembling, troubleshooting electronics, electrical equipment and mechanical systems. Extensive knowledge of keypads, motor controllers, programming timers, voltage consumers, and testing equipment. Adept at reading blueprints and record-keeping. Self-motivated, flexible and detail-oriented.

In-depth knowledge of NEC/PC diagram, electronic parts, and AC/DC high/low voltage power supply.

Knowledge of 110V/220V/480V machinery power line & circuit breakers. Knowledge of commercial company lighting systems. Knowledge of 208V/277V/480V transformers.

Key Strengths Include:
• Install,repair,and replace complex electrical/electronic equipment in both field and production settings.
• Change transformers at high/low voltage and repair motor controllers. Replace UPS (Battery Back unit)as well as changing circuit breakers and repairing in field wiring/unit. • Strong mechanical aptitude in a variety of work environments.

CERTIFICATIONS/TRAINING
• IMSA Traffic Signal Field Technician Certifications, Levels III • 30 HOUR OSHA CERTIFIED
• Licensed Journeyman Electrician
• HVAC Systems Training Plus E.P.A. 608 Universal Certified • Brownson Technical School -Anaheim, Ca
• Logic Control/PLC/Computer Operations Certified
• Southern California Institute of Technology-Anaheim, CA • Steam Operator's License Training
• The Gas Company's Energy Resource Center- Los Angeles, CA Electronics Troubleshooting Certificate
• Fullerton Community College, Electronic/Mechanical Apprentice Diploma • Industrial Training Institute Wireman Apprentice Certified ❑ Technical Examination Board
• Radio Engineering and Practical Training Certificate, Eagle Radio and Television Institute of Technology

WORK HISTORY
Crosstown Electrical & Data, Inc. —Traffic Signal Technician 2022—Current • Provide Technical Support for Traffic Signal Systems • Field Testing and Repairs
• Troubleshooting, traffic signals, highway lighting • Perform conflict monitor testing
• Perform general monthly traffic signal maintenance for various cities • Technical assistance
• Aim signals and head and change our bulbs as needed • Oversight of Technician Training and Quality Control. • Vehicle Detection troubleshooting and programing.
• Cabinet and Controller Testing, Trouble Shooting, Repairs and Programing

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HARESH (HARRY) VAIDYA
/11St. OW/4 TRAFFIC SIGNAL TECHNICIAN
Electrical : Data,Inc. 5454 Diaz St., Iru4windale,CA 91706 626-813-6693 . 626-869-0192 Fax
• Lab Technician Supervisor
• Proficient with TS1, TS2, and 332 Controller cabinets, troubleshooting loop detection Exterior Products Corp. -Anaheim, CA—Head Journeyman Electrician 2017 to 2022 Retrofit LED Lighting in shopping centers, commercial buildings, industrial lots, and retail units. Troubleshoot & replace CL, metal highlight, sodium lamps, mercury lamps, and transformers. Install lighting in shopping center parking lots,wall pack lights on the exterior of commercial buildings, and ceiling lighting. Troubleshoot & replace retail center monuments lighting and pylon signs. Repair& replace ballast, lamps, bypass switch, GFI, and receptacles. Troubleshoot & replace ballast and fluorescent lamp in ceiling light fixtures. Repair& replace photo cells in exterior lighting. On-site daily/monthly inspections to verify site lighting. Supervise 4-5 employees during projects in the field.

Econolite Traffic Engineering and Maintenance, Inc. (Aegis ITS)— 2007-2017 Anaheim, CA Transportation Systems Technician
Program/Check timing data in various controllers for street traffic light intersection cabinets. Repair intersection conflict calls and perform monthly preventive maintenance on a 24 hour on-call duty. Program/Troubleshoot video detection system and loops detection system. Replace faulty detectors and video processor for vehicle detection.

Install knockdown replacement poles, signal heads, ISNS, street lighting, and a combination of these items. In addition to wiring traffic control cabinets on-site&Aegis lab/manufacturing. Troubleshoot, repair, and replace field wiring problems in the street replacement of conductors in conduit test. Splice field cables and loops. Communicate with City Inspector& Engineers. Programming traffic controller& replacing hardware (PPB's, LED's, PEDMOD's). Completed 13-14 projects per day in the field.

Modular Display System-Anaheim, CA—Head Electrician Maintenance/Electroinics 1988 to 2006 Built custom-made electronics and electrical/mechanical devices for turntables used at auto show conventions and trade show display systems. Clients included Boeing, Hyundai, Suzuki, Yamaha and Rogerson Aircraft.Worked directly with electrical design engineers to create commercial electronic keypad AC& DC power supply controllers.Serviced electrical systems and display lighting systems. Read schematics and blueprints. Disassembled, inspected, bench tested, performed trouble-shooting and quality testing for electrical/electronic control systems in company production machinery.Traveled world- wide to install and repair displays. Maintained production machinery. Honored with MDS Employee of the Month Award and a Certificate of Appreciation from Boeing.

RECENT REFERENCE PROJECTS:
• City of San Dimas Traffic Signal Preventative Maintenance and Technical Support • City of El Monte Traffic Signal Preventative Maintenance and Technical Support • City of Bell Traffic Signal Preventative Maintenance and Technical Support • City of Chino Hills Traffic Signal Preventative Maintenance and Technical Support

Page 310 of 442 ends

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— Haresh B. Vaidya
is hereby certified as a
Traffic Signal Senior Field Tech Level Ill
by completing all requirements and examination for certification on 11/10/2022
Valid thru 11/10/2025
Certification #CE. 101332
Toby C mmings, CAE- Executive director
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EXHIBIT D

N The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto. ❑ The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto. ❑ Bidder and/or their subcontractor is unable to procure R99 or RI00 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e. third party correspondence or vendor bids).
❑ The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this Project has been deemed an Emergency, as defined under section 2449(c)(18). Bidder shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to section 2449(i)(4). ❑ The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto.

Name of Bidder: CROSSTOWN ELECTRICAL&DATA,INC.

Signature: >� �n -�-
Name: DAVID P. HEERMANCE
Title: PRESIDENT
Date: IV/p I 1 -2:1
EXHIBIT D Page 312 of 442

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of II./at PUBLIC WORKS DEPARTMENT
�`� ' ENGINEERING DIVISION
., `:: , 1370 North Benson Avenue
`� ` ' 1 Upland, CA 91786-0460

09. •�.• 7 Telephone (909) 291-2930
LIFO�� Facsimile (909) 291-2974
ADDENDUM NO. 1

REQUEST FOR PROPOSALS
FOR

TRAFFIC SIGNAL MAINTENANCE SERVICES
Date Issued: May 19, 2 25
By: ,,-- 14
Bob Critc/hlield, P.E.

The following revisions and/or clarifications shall be made to the Request for Proposals for the above named work. All other work identified in the original Request for Proposals, and all applicable sections of the original RFP, Exhibits, and previously issued Addenda/Clarifications for Request for Proposals for Traffic Signal Maintenance Services shall be included in the Contract, except as herein modified. This Addendum shall be incorporated into the Contract, and shall become part of the awarded Contract documents therefore.

The City will distribute copies of this Addendum to all Plan Holders of Record on the date of issuance.

The Bidder shall be responsible in providing this information to all proposed subcontractors, prior to bid opening. Receipt of this Addendum by the Bidder must be electronically acknowledged on PlanetBids as part of your Proposal (Contractor's Proposal), on the bid due date/time.

PLEASE ELECTRONICALLY ACKNOWLEDGE THIS ADDENDUM AS PART OF YOUR BID City of Upland pp
460 North Euclid Avenue,Upland,CA 91786-4732*(909)931-4100*Fax(909)931-4123*TDD(900)735-2929*wwnv.ci.upland.ta.Ne 314 of 442

Request for Proposals
Traffic Signal Maintenance Services
Addendum No.1
May 19,2025

Page 2 of 3 ends

RFP DOCUMENTS
ITEM NO. 1: City Request for Proposals for Traffic Signal Maintenance Services, Contract Documents, Cover Page
Receipt of Bids:

The deadline for receipt of bids has been extended to May 27, 2025, Tuesday at 2:00 P.M.

ITEM NO. 2: City Request for Proposals for Traffic Signal Maintenance Services, Contract Documents, Proposal Submittal, Page 18 of 18 Last Paragraph Change to Read as follows:

Proposal shall be submitted no later than 2:00 p.m. on Tuesday, May 27, 2025.

Telegraphic, telephonic, as well as postmarks and late proposals will not be-accepted. All proposals received by the Public Works Counter after the due date/time shall be considered late and will be returned unopened.

ITEM NO. 3: City Request for Proposals for Traffic Signal Maintenance Services, Contract Documents, General Information, Page 2 of 18 Last Paragraph Change to Read as follows:

The City intends to award a Traffic Signal Maintenance Services Agreement (Agreement) to a company for a contract period of two (2) years. The City retains the option to award up to three (3) additional years, upon a year-by-year basis. The Agreement to be executed shall be in the form attached hereto as Exhibit "B".

ITEM NO. 3: City Request for Proposals for Traffic Signal Maintenance Services, Contract Documents, Schedule, Page 14 of 18
Replace Schedule as follows:

ITEM DATE
Issuance of RFP May 5, 2025
Proposal Submittal Deadline May 27, 2025
2:00 p.m. Pacific Std. Time
Anticipated City Review of May 28-June 9, 2025
Proposals Received
Agreement to City Council for June 23, 2025
approval
Start of services under new July 1, 2025
contract

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Request for Proposals
Traffic Signal Maintenance Services
Addendum No.1
May 19,2025

Page 3 of 3 ends

ITEM NO. 4: City Request for Proposals for Traffic Signal Maintenance Services, Contract Documents, Exhibit `A', Cost Proposal Schedule "B", Item No. 22 Change Item Description to Read as follows:

Furnish &Install Swarco McCain 2070LX Controller with 2070-iC CPU and Omni-eX software.

END OF ADDENDUM NO. 1
DAVID P. HEERMANCE,PRESIDENT

Page 316 of 442 ends

CITY OF UPLAND
Public Works Department
Engineering Division
or UAL
,‘,

REQUEST FOR PROPOSALS
FOR

TRAFFIC SIGNAL MAINTENANCE SERVICES
Issue Date: May 5, 2025 Engineering Manager: Bob Critchfield, PE Due Date: May 20, 2025 Phone: (909) 291-2946 Tuesday, 2:00 p.m. [email protected]

Page 317 of 442 ends

Request for Proposals Traffic Signal Maintenance Services

BACKGROUND
The City of Upland is located within the western portion of San Bernardino County and bounded on the north by San Bernardino County, on the east by the City of Rancho Cucamonga, on the south by the City of Ontario, and the west by the Cities of Claremont and Montclair. The City measures 15.62 square miles and is primarily built-out, with a few remaining undeveloped parcels. The city is mostly residential with approximately 73,700 residents, with a mixed use of commercial businesses and a minor number of industrial parcels near the eastern and western city limits.

The city was incorporated in 1906 as a general law city and operates under the Council/Manager form of government. The city is governed by a five-member City Council and is administered by the City Manager.

GENERAL INFORMATION
The City of Upland (City) is soliciting Request for Proposals (RFP) from qualified Contractors to provide traffic signal and intersection street light maintenance, emergency repairs, non- emergency routine inspections, and new equipment upgrade and installation work. The City operates and maintains eighty-nine (89) traffic signals with a variety of traffic signal controllers (170, 170E, 2070, etc.); ten (10) flashing beacon locations consisting of 2 beacons per location; and, one (1) pedestrian crossing signal.

Firms are selected for City maintenance services contracts based on demonstrated experience and qualifications necessary for the satisfactory performance of the services to be performed at fair and reasonable prices to the public agency. The City hereby notifies all Respondents that it will affirmatively ensure that in any contract entered into pursuant to this RFP, the City will not discriminate against any Contractor on the grounds of race, color, sex, or national origin in consideration for the award. All Contractors shall be aware that their Proposal Package is deemed public records and may be subject to disclosure upon request.

The City of Upland is requesting proposals from interested traffic signal maintenance Contractors, licensed in the State of California, for the purpose of entering into a maintenance services agreement to perform traffic signal and intersection street light maintenance, flashing beacon maintenance, emergency repairs, non-emergency routine inspections, and new equipment upgrade and installation work.

The City intends to award a Traffic Signal Maintenance Services Agreement (Agreement), to a company for a contract period of three (3) years. The City retains the option to award up to two (2) additional years, upon a year-by-year basis. The Agreement to be executed shall be in the form attached hereto as Exhibit "B".

SCOPE OF WORK
The purpose of this solicitation is to obtain the services of an experienced traffic signal maintenance provider to perform the following:

Task 1 - General
Task 2 - Administrative Requirements

Page 2 of 18 ends

Page 318 of 442 ends

Request for Proposals Traffic Signal Maintenance Services Task 3 - Preventative Maintenance
Task 4 - Emergency Response Services / Extraordinary Services Each of these services is described and discussed in more detail below.

Task 1: General
Contractor shall have available and readily accessible all required tools, materials, equipment, apparatus, facilities, and skilled labor services to perform all work necessary to maintain, in good workmanlike manner, the traffic signal facilities listed herein. The Contractor must provide all vehicles and traffic control that will be utilized by the Contractor's Technicians. Vehicles shall be equipped with permanently mounted warning strobe lights; traffic cones; construction warning signs; a hydraulic bucket capable of reaching a height of at least twenty-eight (28) feet above the finished roadway surface elevation; and a computer laptop for programming, maintenance and testing of traffic signal controllers and equipment.

Traffic Control
Contractor shall furnish and implement all necessary traffic control devices and equipment for their work. Traffic control/lane closures shall conform to the California Manual on Uniform Traffic Control Devices (CAMUTCD).

Contractor's License
Contractor must have a valid and current California Class A or Class C10 Contractor License and shall maintain the license in good standing with the California State Contractor Licensing Board. A copy of the contractor's license number and date of expiration shall be included in the submitted Proposal.

Business License
Contractor shall apply for a current City of Upland Business License and shall maintain the Business License in good standing throughout the duration of the Agreement term.

Prevailing Wage Requirements
Pursuant to California Labor Code Article 2, Wages, Section 1770 et seq., the work described herein is a "public work" and requires the payment of prevailing wages pursuant to Labor Code Section 1771. Contractors are advised to familiarize themselves with this provision and with the Department of Industrial Relations opinions and interpretations relative to traffic signal maintenance. Failure to comply with the Labor Code may result in imposition of statutory penalties enumerated in labor Code Section 1775.

Addition / Deletion of Traffic Signals from the City's System From time to time, it may become necessary to add or delete traffic signals and/or flashing beacons locations to the City's system. The maintenance shall be extended to include future signal/flashing beacon installations at the unit contract price per month. Facilities added after the first day of the month shall be prorated. The City shall retain the right to

Page 3 of 18 ends

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Request for Proposals Traffic Signal Maintenance Services delete locations upon notice to the Contractor and without further compensation to Contractor.

Inspection of Work
All work performed, or equipment or parts supplied by Contractor shall be subject to the inspection and approval of the City's Public Works Director or his authorized representative.

Spare Parts & Equipment
Contractor shall be equipped with spare parts and equipment sufficient to return a defective signal to operation following ordinary trouble calls. In those cases where a complex controller or component has to be repaired, Contractor shall install a substitute controller or component of his own while he is repairing the defective controller or component. Such substitute equipment shall be equal in operative characteristics. All materials and equipment in Contractor's inventory shall be considered the property of the Contractor until such time that the materials or equipment is used or installed in the City.

Meetings
The assigned traffic signal technician shall be available to meet with the City's designated representative on a weekly basis, or as needed at a mutually agreed upon time and place in the City, to discuss signal maintenance activities. No additional, or separate, compensation shall be paid for attending meetings, which shall be considered as included in the compensation paid for all the various services provided hereunder.

The City furnishes the following data as an aid in determining overall traffic signal maintenance requirements:

Traffic Signals:

1. Alta Avenue and Foothill Boulevard

2. Benson Avenue and 8th Street

3. Benson Avenue and 9th Street

4. Benson Avenue and SP/PE Bike Trail (Huntington Drive)

5. Benson Avenue and Arrow Highway

6. Benson Avenue and 11th Street

7. Benson Avenue and Foothill Blvd.

8. Benson Avenue and 13th Street

9. Benson Avenue and Fire Station #163

10. Benson Avenue and 15th Street

11. Benson Avenue and 16th Street (Baseline Road)

12. Benson Avenue and 18th Street

13. Bike Trail and Arrow Highway

14.Campus Avenue and Washington (SP/PE Bike Trail)

15. Campus Avenue and Arrow Highway

16.Campus Avenue and 11th Street

17.Campus Avenue and Foothill Boulevard

18.Campus Avenue and 13th Street

19.Campus Avenue and 14th Street

20.Campus Avenue and 15th Street

21.Campus Avenue and 16th Street

22.Campus Avenue and Viewpoint Street

23.Campus Avenue and Colonies Parkway

24.Campus Avenue and 19th Street (West)

25.Campus Avenue and Crossroads Drive

Page 4 of 18 ends

Page 320 of 442 ends

Request for Proposals Traffic Signal Maintenance Services

26.Campus Avenue and 19th Street (East)

27.Central Avenue and SP/PE Bike Trail (Huntington Drive)

28.Central Avenue and Arrow Route

29.Central Avenue and 11th Street

30.Central Avenue and Foothill Boulevard

31.College Park Drive and Arrow Route

32.Colonies Parkway and 19th Street (East)

33.Crossroads Drive and 19th Street (East) - Shopping Center

34. Dewey Way and Foothill Boulevard

35. Eleventh Avenue and San Bernardino Road

36. Euclid Avenue and 7th Street

37. Euclid Avenue and 8th Street

38. Euclid Avenue and 9th Street

39. Euclid Avenue and SP/PE Bike Trail

40. Euclid Avenue and Arrow Highway

41. Euclid Avenue and 11th Street

42. Euclid Avenue and Foothill Blvd.

43. Euclid Avenue and 14th Street

44. Euclid Avenue and 16th Street

45. Euclid Avenue and 18th Street

46. Euclid Avenue and 19th Street

47. Fifth Avenue and Arrow Highway

48. Fifth Avenue and Foothill Boulevard

49.Grove Avenue and Foothill Boulevard

50. Hospital Parkway and Foothill Boulevard

51. Hospital Parkway and San Bernardino Road

52. Monte Vista Avenue and Arrow Route

53. Monte Vista Avenue and 11th Street

54. Monte Vista Avenue and Foothill Boulevard

55. Mountain Avenue and 7th Street

56. Mountain Avenue and Shopping Center

57. Mountain Avenue and 8th Street

58. Mountain Avenue and 9th Street

59. Mountain Avenue and SP/PE Bike Trail

60. Mountain Avenue and Arrow Highway

61. Mountain Avenue and 11th Street

62. Mountain Avenue and Foothill Boulevard

63. Mountain Avenue and 13th Street

64. Mountain Avenue and 14th Street

65. Mountain Avenue and 15th Street

66. Mountain Avenue and 16th Street

67. Mountain Avenue and 17th Street (N. Hills Drive)

68. Mountain Avenue and 18th Street

69. Mountain Avenue and 19th Street

70. Mountain Avenue and 215t Street (Benson Avenue)

71. Mulberry Avenue and Foothill Boulevard

72. Park View Promenade and Baseline Road

73. Redding Way and Foothill Boulevard

74. San Antonio Avenue and 8th Street

75. San Antonio Avenue and 9th Street

76. San Antonio Avenue and Vernon Drive (SP/PE Bike Trail)

77. San Antonio Avenue and Arrow Highway

Page 5 of 18 ends

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Request for Proposals Traffic Signal Maintenance Services

78. San Antonio Avenue and 11th Street

79. San Antonio Avenue and Foothill Boulevard

80. San Antonio Avenue and 16th Street

81. San Bernardino Road and Arrow Highway

82. Second Avenue and Arrow Highway

83. Second Avenue and Foothill Boulevard

84. Second Avenue and 16th Street

85. Sherman Way and 8th Street

86. Sycamore Hills Plaza and Baseline Road

87.Tanglewood Avenue and 16th Street

88.Third Avenue and Arrow Highway

89. Upland Hills Drive and 16th Street
School Flashing Beacons/Pedestrian Signal:

1. 7th Street at Citrus Elementary School (2 EA)

2. 11th Street at Cabrillo Elementary School (2 EA)

3. 11th Street at Baldy View Elementary School (2 EA)

4. 11th Street at Upland Jr. High School (2 EA)

5. 13th Street at Sycamore Elementary School (2 EA)

6. 14th Street at Sierra Vista Elementary School (2 EA)

7. 15th Street at Magnolia Elementary School (2 EA)

8. 18th Street at Peppertree Elementary School (2 EA)

9. 18th Street at Pioneer Jr. High School (2 EA)

10. 22nd Street at Valencia Elementary School (2 EA)

11. San Bernardino Road and Pedestrian Crossing Signal west of Grove Ave.

Traffic Signals Shared with Other Agencies (Not Maintained by Upland):

1. Benson Avenue and 7th Street (City of Montclair)

2. Central Avenue and 9th Street (City of Montclair)

3. Grove Avenue and 9th Street (City of Rancho Cucamonga)

4. Grove Avenue and Arrow Hwy./Rte. (City of Rancho Cucamonga)

5. Grove Avenue and Bike Trail (City of Rancho Cucamonga)

6. Grove Avenue and San Bernardino Road (City of Rancho Cucamonga) 7 7th Street and I-10 Westbound Off-Ramp/Second Ave. (Caltrans)

8. 19th Street and Baywood Way (City of Rancho Cucamonga) In the event that City requests for additional services, including but not limited to, new traffic signals, pedestrian crossings, school flashers, bike trail crossings, or other additional traffic signal maintenance services, Contractor shall perform such services at the same unit price as the regular traffic signal maintenance services specified herein.

Task 2: Administrative Requirements
Contractor shall maintain a single local telephone number where Contractor can be reached twenty-four (24) hours per day, seven days per week. The Contractor shall also supply the City with names, mobile telephone numbers, and emails of at least three (3) responsible individuals, representing the Contractor that may be contacted 24 hours per day for emergency response. In addition, all Contractor Technicians working in Upland shall be equipped with a mobile phone capable of communicating via email, voice, and text with City staff.

Page 6 of 18 ends

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Request for Proposals Traffic Signal Maintenance Services Personnel:

Contractor shall provide one full-time traffic signal maintenance Technician for every fifty (50) signalized intersections of contract responsibility or a fraction thereof. Said Technicians shall have certifications of Level II Traffic Signal Technician issued by the International Municipal Signal Association (IMSA) with at least three (3) years of experience in traffic signal repairs. Certification must be held in good standing and be maintained current throughout the entire duration of the contract.

The submitted Proposal shall identify by name the certified personnel who will be available and will be assigned to provide traffic signal maintenance services to the City. Contractor must provide at a minimum one Level Three (III) Technician with certification by the International Municipal Signal Association (IMSA) with at least three (3) years experience in traffic signal repairs, and one Level Two (II) Technician with certification by the International Municipal Signal Association (IMSA) with at least three (3) years experience in traffic signal repairs.

Request for Services:

Contractor should anticipate receiving requests for maintenance services outside of the Contractor's normally scheduled preventative maintenance program. These requests for services may be received by telephone, written correspondence, other electronic means of communication (email and/or text message), or by a City-issued work order. They may originate from various sources. Contractor shall maintain 24-hour response capabilities to effectively address and respond to requests for services. All requests shall be addressed by an appropriate, timely response as outlined in these specifications. If Contractor is called out by City personnel other than the Engineering Division, such as the Police Department, Contractor shall notify the Engineering Division Manager, or his representative(s) via email, phone, or text.

Record Keeping and Recording:

Contractor shall maintain a record of all service calls and work performed upon the signal equipment, listing dates, hour of day, and description of service work performed. A copy of such record shall be maintained at all times within the signal controller cabinet at each signal location.

Contractor shall provide a computerized monthly activity report to the City each month for the previous month's activities. Report shall provide a brief description of all preventative maintenance and emergency service activities, and shall be attached to the monthly invoice.

No payment will be made without submittal of the report. Report shall include the following:

1. Preventative Maintenance: Location, date, and time preventative maintenance was performed.

2. Scheduled Repairs: Complete record of all work performed on the traffic signal equipment during the previous month including signal location, date, time, make, model, serial number of major components or other equipment that was installed.

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Request for Proposals Traffic Signal Maintenance Services

3. Emergency Response Work: Signal location, date, time emergency call was received, time Contractor arrived at signal location, description of the problem, number of hours spent for each repair, equipment and material used. If the emergency call is the result of a vehicle accident that damages signal facilities, the City will require a separate invoice be submitted so that the City may seek cost recovery from the responsible party to help cover the cost for damages to the public infrastructure.

Separate invoice shall clearly identify the intersection where the damage occurred and date of initial call-out.

Task 3: Preventative Maintenance
Contractor shall provide a routine, comprehensive preventative maintenance program designed to minimize the incidence of outages and malfunctions and to extend the useful life of the traffic signal equipment. Contractor shall provide a preventative maintenance schedule to the City. An example would be preventative maintenance to occur on the first Wednesday every odd month (i.e. January, March, May, etc). Contractor shall maintain a copy of the Preventive Maintenance Checklist Form at each traffic signal. The PM Checklist Form shall be completely filled out during each maintenance inspection, and during any time repairs are made to the traffic signal controller, or any related equipment in the controller cabinet, or the signal equipment at the intersection (detector loops, pedestrian heads, signal heads, lenses, lamps and signal poles, etc.).

At a minimum of once per every two months, the Contractor shall provide the following services at each traffic signal location listed herein. • Walk the intersection and visually inspect all signal heads for proper operation, alignment, broken lenses, and missing parts. Verify all pedestrian push buttons (and bicycle push buttons if equipped) and audible chirpers (if so equipped) are operable and observe the proper timing and display. Remove any easily removable, unauthorized signs, stickers and posters and note any graffiti existing on signal poles or equipment.

Notify City of any graffiti observed on traffic signal equipment. • The Contractor shall replace all burnt out traffic signal lamps and pedestrian modules discovered on the preventative maintenance rounds. During the preventative maintenance rounds, the City shall pay for the lamp material cost only in these cases (no labor or vehicle charges, as these are already paid for in the Preventative Maintenance costs). The Contractor shall log the date, time, location, and direction of any new lamps installed in the maintenance log with the serial numbers, so that warranty replacement can been done if needed. Contractor shall use LED lamps per Caltrans specifications or approved equal. Lamps in 3M programmed visibility heads and light emitting diodes shall be replaced at the time of burnout. Contractor shall clean, polish, and inspect all lenses and reflectors at the time the traffic signals are re- lamped. At such time, all broken and deteriorated parts will be replaced or changed, as necessary; signal, pedestrian heads, and video detection cameras aligned; mast arm- mounted street name signs adjusted; and, optically programmed signal heads adjusted. • Examine the functioning of the controller in relation to the traffic. Manually place vehicle and pedestrian calls on each phase through the cabinet test switches or the controller keypad, to verify controller servicing of each active phase. Check controller logs for any faults that have occurred and make note for the file. Verify signal timing is current with timing sheet in cabinet. Verify time and dates are correct in any conflict monitor unit (CMU/MMU) with an internal clock. CMU shall be tested at least once per year.

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Request for Proposals Traffic Signal Maintenance Services • Check controller time clock and dates for drift and reset on each preventative maintenance round. In addition, all signal controller time clocks and yellow flashing beacons shall be reset within forty-eight (48) hours of changes from Pacific Standard Time to Daylight Savings Time, and vice versa.
• Observe and check for proper operation of detector loops and amplifiers. Check all detector loops for sealant deterioration, exposed wire, etc. Adjust detector amplifiers and correct substandard splices as necessary. For intersections with video detection, verify camera operation by monitoring the vehicle call on the video controller unit, and verify the calls going to the detector call page in the controller. • Check equipment displays and indicators. Verify that all LED and LCD displays and indications on all cabinet equipment is working properly. • Test any pre-emption devices for proper operation (if equipped). • Inspect all relays, switches, and terminals and replace or make adjustments as necessary. Check that each plug-in component fits tightly and securely. • Check controller cabinet mounting. Check the snugness on the anchor bolts and tighten if necessary. Be sure not to distort to cabinet door opening by overtightening. • Check controller cabinet foundation seal. If evidence of water is present in the bottom of the cabinet, check the seal for deterioration and report the need to reseal the cabinet foundation.
• Check controller cabinet door gaskets and other enclosures for evidence of moisture or deterioration. Report the need to replace gasket(s) showing signs of leaking or deterioration.
• Check cabinet fan for proper operation and verify cabin fan thermostat is set at 96 degrees.
• Clean and thoroughly vacuum cabinet. Blow or brush off shelves, terminal blocks, and components.
• Check air filters. Filters shall be replaced in all cabinets so equipped every six (6) months. Filter replacement shall be noted on the log stored in the traffic signal cabinet. • Check cabinet hinges, locks, and Police Cabinet Switch lock for proper operation.

Lubricate all hinges and locks with appropriate lubrication on each preventative maintenance round. Check for the free movement of all doors, latching assemblies, and locks on the controller cabinet, service cabinet, and any other enclosures. Spray with a minimum amount of oil and wipe off any excess.
• Check cabinet interior light for proper operation. • Check for signs of insect or rodent infestation. Check for signs of ants, wasps, or other insects or rodents within the cabinet. Use appropriate insect sprays, traps or powders if any positive signs of infestation are discovered. More serious problems should be reported to the City's representative.

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Request for Proposals Traffic Signal Maintenance Services • Check Ground Fault Circuit (GFCI). Verify the proper operation of the "Test" and "Reset" buttons on GFCI type outlets.
• Check Service Connections. Verify the neutral, ground, and power connections are secure in the controller and service cabinets.
• Quarterly inspect battery back-up system (if equipped) to ensure unit is fully charged.

Check all battery connections to ensure they are clean and secure. Oil battery terminals with approved battery oil to reduce corrosion potential. Check battery backup display for AC IN, UPS OUTPUT, and INVERTER indications. All should be on when utility power is supplied to the cabinet. Also, check battery level and load level displays. Test batteries quarterly. Make note if either is out of range. Keep records of events recorded and total battery run time between maintenance checks to help indicate problem intersections.
• Annually inspect and test each traffic signal conflict monitor. • Check system telemetry on controller display and phone modem (if equipped) located in the cabinet. Report any malfunction to the City's representative. • Institute a routine night-time check of all safety lights and illuminated street name signs (if equipped) at all signalized intersections every other month and submit a report and an estimate for any repairs necessary to the City for approval. • Contractor shall replace or repair any and all defective parts of the signal system which cause the signal failure or malfunction, as the occasion arises, such as the signal controller, master controllers, modems, signal monitor units, push buttons, relays, interconnect, flashers, all kinds of lamp burnouts, detector loops, home run locations, sensing units, video detection camera misalignment, safety lights, illuminated street name sign lights, and wiring system, etc., unless the failure or malfunction falls in the category of extraordinary maintenance as defined in these specifications.

Work Hours for Preventative Maintenance
Normal hours of work shall be defined as 7:00 a.m. to 5:00 p.m., Monday thru Friday.

Payment for Preventative Maintenance
Contractor shall be paid once every two (2) months for preventative maintenance services, upon submittal of invoice to the City. Payment shall be based upon the monthly rates per location, as specified in Exhibit "A" Schedule "A", attached hereto. Said rates shall include all necessary labor, tools, materials, and equipment to complete the work specified hereinabove.

Scheduled Repairs
Contractor shall investigate and determine corrective requirements for each reported signal malfunction, failure, and/or outage. The equipment/components include, but are not limited to the following:
• Incandescent Lamps
• Light Emitting Diode (LED) red/yellow/green lamps
• Light Emitting Diode (LED) Pedestrian Count-down Signals • Pedestrian Activation Buttons
• Conflict Monitors
• Signal Safety Lights (HSV and LED)

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Request for Proposals Traffic Signal Maintenance Services • Breaker Switches
• Flasher Switches
• Load Switches
• Transfer Switches
• Detector Amplifiers
• Ballasts
• Starters
• Sockets
• Fuses
• Fuse Holders
• Photoelectric Cells
• Signal and Safety Light Wiring
Payment for Scheduled Repairs
Scheduled repairs shall be performed in accordance with the unit cost as specified in Exhibit "A" Schedule "B". For work not covered by the Cost Proposal in this RFP, the Contractor shall submit a cost proposal to the City prior to performing any corrective work.

The City reserves the right to furnish parts, supplies, materials, and equipment required for performance of the work.

Task 4: Emergency Response Services / Extraordinary Services The City may request the Contractor perform emergency response work on the traffic control system. The Contractor shall provide and maintain emergency service response on a twenty-four (24) hour a day, seven (7) days per week basis (24/7), including all holidays.

Contractor shall provide the City with a contact name and phone number of personnel responsible for 24/7 service. This telephone number is to be made available to all persons designated by the City. Emergency Response work shall be performed on a time and material basis in accordance with the unit cost as specified in Exhibit "A" Schedules "C" &"D" attached hereto.

Notification:

The Contractor shall contact the Public Works Director or his representative regarding any extraordinary maintenance work, and seek his prior approval before the work is scheduled, except in cases where immediate repairs are necessary to avoid further damage to the signal system or a public hazard exists. In such instances, the Contractor shall make temporary repairs.

Emergency Response Services may include, but is not limited to the following:

2. Assisting the City for special events or for City construction projects, as necessary to implement revised traffic signal timing and phasing for changed or anticipated traffic conditions.

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Request for Proposals Traffic Signal Maintenance Services Emergency Response Time
Immediate action shall be taken to safeguard the public any time a signal becomes partly or totally inoperative from any cause whatsoever. The maximum response times shall be as follows:

1. Emergency and Accident Maintenance - one (1) hour.

2. Replacement of burned out or strobing signal lamps - two (2) hours.

3. Signals in Flash - two (2) hours.

4. Safety Lighting - twenty-four hours (24) hours.

5. All other signal maintenance - twenty-four (24) hours.

Failure to meet the response time requirements by the Contractor shall be sufficient cause for the City to authorize maintenance to be provided by others and for City to deduct the costs of maintenance provided by others from payment(s) due to the Contractor. Repetitive failure by the Contractor to meet the response times shall be deemed sufficient cause for the City to terminate the Agreement/Contract.

Equipment for Emergency Response Work
• Contractor shall repair or replace defective parts of the traffic signal equipment with like make and model parts. City shall be notified by phone and/or email within twenty-four (24) hours whenever equipment is removed.
• Contractor shall cover the cost of furnishing and installing/replacing any parts to the traffic signal system. The City shall reimburse the Contractor for materials, including an agreed upon mark-up price.
• Contractor shall notify (by phone or email) City representative in advance for any traffic signal deactivations. Deactivations shall not be scheduled without the approval of an authorized City representative.
• Contractor, at Contractor's own cost, shall furnish, place, and maintain traffic control devices necessary for Contractor's operations.

Spare and Salvaged Equipment
Contractor shall maintain adequate storage and shop facilities with sufficient stock of spare parts and signal equipment to maintain the traffic signal systems. Contractor shall have on hand at all times a minimum of one fully tested standby controller that is compatible with the City's system for every 50 signalized intersections within the City area.

Contractor shall deliver any salvaged or salvageable equipment or material to the City's Public Works Yard located at 1370 N. Benson Avenue. Any equipment or material that is

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Request for Proposals Traffic Signal Maintenance Services deemed non-salvageable by the City's representative shall become the property of the Contractor and shall be properly disposed of by the Contractor and the Contractor's cost.

New Traffic Signals
Contractor shall maintain new traffic signals, safety lights, flashing beacons, fire signals, and appurtenant devices as they are being installed or become a part of the City's maintenance requirements. City will provide written confirmation to Contractor for any new signals or beacons added to the City's system.

Upon request by the City, the Contractor shall provide support and review of new signal turn-ons.

Underground Service Alert (Dig Alert)
If requested by the City, the Contractor shall mark all traffic signal conduits and interconnect/communication conduits. The City will monitor notifications submitted by Underground Service Alert (USA) to the City, and will furnish applicable notifications to the Contractor to coordinate markings that may be scheduled for excavations. The Contractor shall monitor and track the marking of any affected intersection and record the action in the controller cabinet, with a copy provided to the City.

Compensation for providing USA-Dig Alert Services will be paid at a flat rate per occurrence as specified in Exhibit "A" Schedule "A". No additional or separate payment will be made for daily travel time from the selected firm's base of operations to the City.

Warranty Service
Any new equipment installed by the Contractor shall be covered with a material and workmanship warranty for a period of one (1) year after date of installation. Should parts or material become defective during the warranty period, the Contractor shall notify the City and exercise the warranty. No additional or separate compensation will be paid for warranty service work.

Payment for Emergency Response Service / Extraordinary Services Payment will be made within thirty (30) days after Contractor's invoice has been approved by the City's designated representative. Copies of all invoices/receipts for supplies, materials, and installed equipment shall be included with the invoice.

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Request for Proposals Traffic Signal Maintenance Services

SCHEDULE
ITEM DATE
Issuance of RFP May 5, 2025
Proposal Submittal Deadline May 20, 2025
2:00 p.m. Pacific Std. Time
Anticipated City Review of May 21-29, 2025
Proposals Received
Agreement to City Council for June 9, 2025
approval
Start of services under new July 1, 2025
contract

PROPOSAL REQUIREMENTS
The proposal shall describe the methodology that will be used to accomplish the tasks and services expected as defined in the Scope of Work. It is understood that this RFP cannot identify each specific, individual task required to successfully and completely implement this Traffic Signal Maintenance Service Agreement. The City will rely on the professionalism and competence of the Proposing Contractor Service Provider to be knowledgeable of the general areas identified in the Scope of Work. Contractor's Proposal shall include all required tasks and subtasks, personnel commitments, personnel hours, direct and indirect costs, etc.

A. Criteria
Each Proposal package shall consists of the format described below. Please limit your submittal to no more than 20 pages and number all pages. Cover letter, required forms, tabs/dividers, and appendix do not count toward the 20-page limit. Submittals shall include:

1. One (1) printed copy marked "Original" and containing an original signature.

2. Three (3) printed copies marked "Duplicate".

3. One (1) complete electronic copy in pdf format submitted on a flash drive.

B. Responses shall be organized into five (5) sections as follows:

1. Information/background of the Contractor
Provide a brief introduction, address the size of the firm, number of years in business/history of the firm, and availability of the firm to perform the task and services requested. Include key contact information (i.e. address, phone, email).

2. Key Personnel/Qualifications
Provide a brief resume for each of the key persons proposed to provide service to the City. Credentials of corporate executives or principals is not necessary or

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Request for Proposals Traffic Signal Maintenance Services desired unless these individuals will play an active role in the direct services to the City. Identify any key subcontractors or material suppliers.

3. Past Experience/References
The Contractor shall be skilled and regularly engaged in traffic signal maintenance.

Provide a minimum of three (3) references from other municipal, city, or county governmental agencies for which the Contractor is currently providing similar services as described in this RFP.

The Contractor shall include a complete disclosure of any alleged significant prior or on-going contract failures, any civil or criminal litigation or pending investigation which involves the Contractor, or in which the Contractor has been judged guilty or liable within the last seven (7) years. If there is no negative history to disclose or report, the Contractor shall state in their Proposal.

4. Understanding of the Scope of Work and Work Proposal Demonstrate the understanding of the task and services requested in the Scope of Work, and provide the Work Proposal/Approach that will be utilized to accomplish the services identified in the RFP.

5. Cost Proposal
The Contractor shall provide a Cost Proposal (Exhibit "A") for the following items:
i. Preventative Maintenance
ii. Emergency Response Work - Hourly labor rate and overtime labor rates; vehicle and equipment fee schedule; material mark-up rate. iii. Underground Service Alert - Rate per occurance

SELECTION CRITERIA
The City intends to award an Agreement to the service provider whose proposal is in the best interests of the citizens and businesses of the City, based on the service provider's qualifications, technical proposal, financial strength, and proposal pricing cost. Although cost will be a significant factor, it will not necessarily be determinative; however, the City will compare the unit pricing submitted by each Contractor to determine which Contractor is the lowest. The Contractor with the most "low bid items" will get the full score for this criterion. The remaining Contractors will be scored proportionately.

Having met the minimum proposal requirements, the following criteria will be used in evaluating the proposals and selecting the successful firm. These criteria are not listed in any order of priority.

1. Background and Experience
a) Length of time in business.
b) Past experience working along busy arterial roadways, such as Euclid Avenue and/or Foothill Blvd.
c) Qualifications of the firm.

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Request for Proposals Traffic Signal Maintenance Services d) Number of employees.
e) Type and condition of capital equipment, including age. f) Supervisory personnel. (Availability must be 24 hours a day via telephone.) g) Detailed description of any training programs.
h) Service dependability.

2. Technical Performance
a) Maximum response time if/when contacted by the City. b) Contractor's understanding of the scope of work, and the matter of completeness in which the scope of work is identified in the Contractor's Proposal. c) Qualifications of personnel assigned to each task.
d) List current references with point of contact names and contact number(s).

3. Cost/Benefit/Readiness
a) Is the Cost Proposal adequate to provide the contemplated services. b) Is the Cost Proposal adequate to meet prevailing wage requirements, taxes, insurance, and any other costs the service provider might have. c) Does Contractor have the necessary tools, equipment, and personnel to enable commencement of services as intended and described in the RFP.

4. Traffic Signal Maintenance Services Management Plan a) How will the Contractor work with the City to provide the most effective service to the community as possible.

No. Evaluation Criteria Score
1 Background and Experience _ (0-20) 2 Technical Performance _ (0-10)
3 Cost / Benefit / Readiness (0-10)
4 Traffic Signal Maintenance Services Management Plan (0-5) 5 Any exceptions to the terms of the Maintenance Services Agreement _ (0-5) 6 Exhibit "A" Schedule A - Preventative Maintenance Services Pricing _ (0-15) 7 Exhibit "A" Schedule B - Repair Services Schedule Pricing (0-15) 8 Exhibit "A" Schedule C - Vehicles & Equipment Pricing _ (0-10) 9 Exhibit "A" Schedule D - Emergency Response Services Personnel (0-10) Pricing (Straight Time Hourly Rate only)
TOTAL: (0-100)
Selection of the successful Contractor will be performed by an evaluation committee to determine if the Contractor meets the proposal requirements. The Committee may, at its option, decide to conduct interviews during the selection process. The evaluation committee will make a recommendation for a single contract to be awarded by the City Council to the Contractor that can best meet the requirements of the RFP document. The City reserves the right to consider the responsiveness and responsibility of all Contractors, and to use any information deemed necessary to establish the ability of any service company to perform all conditions of the Contract.

Arrangements for compensation may be negotiated after the firm is selected. The firm shall enter into a formal Agreement with the City based upon the contents of the RFP, the firm's

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Request for Proposals Traffic Signal Maintenance Services proposal, and any addenda. The City's standard form of Agreement is enclosed for your review.

The Contractor shall carefully review the Agreement, especially in regards to the indemnity and insurance provisions, and include with the proposal a description of any exceptions requested to the Agreement. If there are no exceptions, a statement to that effect shall be included in the proposal.

DISCLAIMER
This Request for Proposal (RFP) does not commit the City to award a services contract, or to pay any costs incurred in the preparation and submittal of Contractor's Proposal, or any cost associated with interviews, meetings, travel, or presentations. The City reserves the right to extend the due date of this RFP; to issue addenda to the RFP; to accept or reject any or all proposals received as a result of this request; to waive any informality or irregularity in any proposal received, and to be the sole judge of the merits of the proposals received; to negotiate with any qualified firm; to cancel this RFP in part or in its entirety; and to procure alternate or additional services contracts. The City may require the selected firm to participate in negotiations and to submit such technical, fee, or other revisions of their proposals as may result from discussions.

PROPOSALS TO REMAIN OPEN
The Contractor shall guarantee that all contents of their Proposal shall be valid for a period of ninety (90) calendar days following the due date of the proposal.

PROPOSAL SUBMITTAL
The Proposal shall be made on the forms provided herein with the blank spaces properly completed. Narrative portions of the Proposal shall be submitted on company letterhead, unless noted otherwise.

One (1) clearly marked original Proposal and three (3) clearly marked copies shall be firmly sealed in packaging that is clearly marked on the outside "Upland Traffic Signal Maintenance Services Contract Proposal." The envelope may be mailed, hand delivered, or delivered by courier/package delivery service.

Sealed proposals shall be mailed or delivered to:

Bob Critchfield, PE Mailing Address:

Engineering Manager 460 N. Euclid Avenue
City of Upland Upland, CA 91786
Public Works Department
Engineering Division
1370 N. Benson Avenue
Upland, CA 91786
While proposals may be mailed, the City encourages firms to hand-deliver proposals to the Public Works Department located at 1370 N. Benson Avenue to ensure the proposal is

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Request for Proposals Traffic Signal Maintenance Services received by the City prior to the submission deadline. Questions regarding this RFP or requests for additional background information may be directed to:

Bob Critchfield, PE
Engineering Manager
Phone: (909) 291-2946
E-Mail: [email protected]
Proposal shall be submitted no later than 2:00 p.m. on Tuesday, May 20, 2025.

Telegraphic, telephonic, as well as postmarks and late proposals will not be accepted. All proposals received by the Public Works Counter after the due date/time shall be considered late and will be returned unopened.

Enclosures:
• Exhibit "A" - Cost Proposal (to be filled out by Contractor) • Exhibit "B" - Traffic Signal Maintenance Services Agreement

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EXHIBIT 'A'

CITY OF UPLAND

COST PROPOSAL SCHEDULE "A"

PREVENTATIVE MAINTENANCE SERVICES SCHEDULE
***Prices are valid until 06/30/2027***
Company Name:

PREVENTATIVE MAINTENANCE
ITEM ITEM DESCRIPTION UNIT PER TOTAL
No. COST ANNUAL
COST
1 Bi-Monthly Preventative Maintenance of 89
Traffic Signal Systems and Safety Lighting per $ Intersection $ Intersection
2 Bi-Monthly Preventative Maintenance of 11
Pole and Mast-Mounted Flashing Beacons/ $ Location $ Pedestrian Signals per Location
3 Underground Service Alert (USA) Dig Alert
Service $ Intersection N/A
Note: The unit costs listed above represent total compensation for all labor, materials, tools, equipment, time, and vehicles necessary to provide the corresponding tasks. 1

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COST PROPOSAL SCHEDULE "B"

SCHEDULED REPAIR SERVICES SCHEDULE
***Prices are valid until 06/30/2027***
Company Name:

SCHEDULED REPAIR SERVICES
ITEM ITEM DESCRIPTION UNIT PER
No. COST
1 Replace Type A Detector Loop (1 to 4 loops)
$ Loop
2 Replace Type A Detector Loop (5 or more loops)
$ Loop
3 Replace Type D Detector Loop (1 to 4 loops)
$ Loop
4 Replace Type D Detector Loop (5 or more loops)
$ Loop
5 Replace Type E Detector Loop (1 to 4 loops)
$ Loop
6 Replace Type E Detector Loop (5 or more loops)
$ Loop
7 Replace Video Detection Camera
(City-Furnished Iteris Vector Camera) $ EA 8 Replace Video Detection Camera
(Contractor furnished Reds Apex Camera) $ EA
9 Replace Pedestrian LED Countdown Display
$ EA
10 Replace Pedestrian ADA Compliant Push Button $ EA 11 Replace Pedestrian ADA Compliant Push Button and 4' $ EA Pole
12 Replace Type 1A Traffic Signal Pole
$ EA
13 Furnish & Install Vehicle Head Indication 8" 3-Head with $ EA Yellow Reflective Back Plate
14 Furnish & Install Vehicle Head Indication 12" 3-Head with $ EA Yellow Reflective Back Plate
15 Replace LED Signal Indication RED
$ EA
16 Replace LED Signal Indication YELLOW
$ EA
17 Replace LED Signal Indication GREEN
$ EA
18 Replace LED PV Lamp
$ EA
19 Replace Safety Light Luminaire
(Ex. HPSV with New HPSV) $ EA
20 Replace Safety Light Luminaire
(Ex. HPSV with New LED) $ EA
2

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21 Replace Safety Light Luminaire
(Ex. LED with New LED) $ EA
22 Furnish & Install 2070LX+ Controller with Software $ EA 23 Furnish & Install Clary UPS System with batteries $ EA 24 Furnish & Install Clary UPS System, Side Mount Locking Cabinet for attachment to Existing 332 Cabinet, and $ EA batteries
Note: The unit prices listed above represent total compensation for all labor, material, tools, equipment, time, and vehicles necessary to complete the corresponding task. For any work not listed on Schedule B, the Contractor shall submit a cost proposal to the City prior to performing the work.

MATERIAL MARK-UP
Material mark-up will not exceed 15% of supplier's invoice price (cost)that will be furnished to the City in any cost proposal for emergency response and/or extraordinary work. 3

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COST PROPOSAL SCHEDULE "C"
EMERGENCY RESPONSE SERVICES — VEHICLES & EQUIPMENT
***Prices are valid until 06/30/2027***
Company Name:

VEHICLES & EQUIPMENT
ITEM ITEM DESCRIPTION RATES PER
No.
1 PERSONNEL VEHICLE
$ Job-Trip
2 PICK-UP TRUCK
$ Job—Trip
3 SERVCE TRUCK
$ Job-Trip
4 HYDRAULIC MAN LIFT
$ Job-Trip
5 TELSTA TRUCK
$ Job-Trip
6 BOOM TRUCK— 18 TON CRANE
$ Job-Trip
7 AIR COMPRESSOR
$ Job-Trip
8 GENERATOR
$ Job-Trip
9 CONCRETE SAW
$ Job-Trip
Any equipment not listed will be paid per current Caltrans equipment rates. 4

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COST PROPOSAL SCHEDULE "D"

EMERGENCY RESPONSE SERVICES - PERSONNEL
***Prices are valid until 06/30/2027***
Company Name:

List the position titles and responsibilities of personnel that will be providing emergency response services to the City per this RFP.

PERSONNEL
ITEM TITLE Straight Time Overtime Overtime No. Hourly Rate Hourly Rate Hourly Rate Sunday/ Holiday
1 $ $ $
2 $ $ $
3 $ $ $
4 $ $ $
5 $ $ $
6 $ $ $
7 $ $ $
8 $ $ $
9 $ $ $
10 $ $ $
5

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Company Name
Name of Firm Representative Signature of Firm Representative Title Date of Proposal

THIS PROPOSAL MUST BE SIGNED BY THE CONTRACTOR/SERVICE PROVIDER 6

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OF UA.4
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CITY OF UPLAND

MAINTENANCE SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this XX day of , 2025 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 , a [***[INSERT TYPE OF ENTITY - CORPORATION (must list state of incorporation), PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITY]***]with its principal place of business at ("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 Traffic Signal 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.

2.2 Project.

City desires to engage Contractor to render such services for the Traffic Signal Maintenance Services project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

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"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, 2025 to June 30, 2027, 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. The total term the of Agreement may extend for five (5) years from award by City. If all three additional one-year terms are exercised, this Agreement will expire on June 30, 2030. 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.

3.2 Responsibilities of Contractor.

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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.

3.2.5 Contractor's Representative. Contractor hereby designates [***INSERT NAME OR TITLE***], 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.

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

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milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

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.

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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.

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Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor's non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph.

3.2.11 Insurance.

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Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of$1,000,000 minimum; per accident for bodily injury or disease. 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. (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.

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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.

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

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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.

3.2.13 Bonds.

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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.

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

3.2.15 Work Site.

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free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Contract, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction 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 compensation shall not exceed [***INSERT WRITTEN DOLLAR AMOUNT***] ($[***INSERT NUMERICAL DOLLAR AMOUNT***])without written approval of City's [***INSERT TITLE***]. Extra Work may be authorized, as described below.

3.3.1.1 Adjustments. Beginning July 1, 2027, 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 by April 1st each year beginning April 1, 2027. 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.

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through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.4 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 or fifty thousand dollars ($50,000.00). Any Extra Work in excess of this amount shall be approved by the City Council. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative.

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Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor's sole responsibility to comply with all applicable registration and labor compliance requirements.

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

3.4 Termination of Agreement.

3.5 General Provisions.

Contractor:
[***INSERT NAME, ADDRESS & CONTACT PERSON***]
City:

City of Upland
460 N. Euclid Avenue
Upland, CA 91786
Attn: City Manager
- 13 -

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With Copy To:

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

3.5.2 Indemnification.

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that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.

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

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

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

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

3.5.11 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.

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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.

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

3.5.18 Fleet Compliance.

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SIGNATURE PAGE FOR

MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF UPLAND
AND [***INSERT NAME***]
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above.

CITY OF UPLAND [***INSERT NAME OF CONTRACTOR***]
[IF CORPORATION, TWO SIGNATURES,
APPROVED BY: PRESIDENT OR VICE PRESIDENT AND
SECRETARY OR TREASURER REQUIRED]

MICHAEL BLAY,
City Manager
By:

Its:

ATTESTED BY:

Printed Name:

KERI JOHNSON,
City Clerk [DELETE THE FOLLOWING SIGNATURE
LINE IF NOT REQUIRED]
By:

APPROVED AS TO FORM: Its:

Printed Name:

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

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EXHIBIT A

SCOPE OF SERVICES
The full scope of services is detailed in the "Request for Proposals" dated May 5, 2025.

EXHIBIT A

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EXHIBIT B

SCHEDULE OF SERVICES
[***INSERT SCHEDULE***]

EXHIBIT B

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EXHIBIT C

COMPENSATION
[***INSERT RATES &AUTHORIZED REIMBURSABLE EXPENSES***]

EXHIBIT C

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Performance Bond
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the CITY OF UPLAND , with its principal place of business at 460 N. Euclid Avenue, Upland, California 91786 (hereinafter referred to as the "City") has awarded to , (hereinafter referred to as the "Contractor") an agreement for Traffic Signal Maintenance Services, (hereinafter referred to as the "Project").

EXHIBIT C

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Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

EXHIBIT C

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EXHIBIT C

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STATE OF CALIFORNIA

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) ❑ Limited
❑ General Number of Pages
Attorney-In-Fact
Trustee(s)
❑ Guardian/Conservator Date of Document
❑ Other:

Signer is representing:

Name Of Person(s)Or Entity(ies)
Signer(s)Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.

EXHIBIT C

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Upland City CouncilJune 23, 2025

Upland City Council
June 23, 2025