13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.
14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.
15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550. b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder.
Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554. Page 117 of 520
16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:
a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.
17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of$200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:
a. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.)
b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)
20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a "loss leader" as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)
21. GENERATIVE Al DISCLOSURE OBLIGATIONS:
a. The following terms are in addition to the defined terms and shall apply to the Contract:
1) "Generative Al (GenAI)" means an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system's training data. (Gov. Code § 11549.64.)
b. Contractor shall immediately notify the State in writing if it: (1) intends to provide GenAl as a deliverable to the State; or (2), intends to utilize GenAl, including GenAl from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term "materially impacts" shall have the meaning set forth in State Administrative Manual (SAM) § 4986.2 Definitions for GenAl.
c. Notification shall be provided to the State designee identified in this Contract.
d. At the direction of the State, Contractor shall discontinue the provision to the State of any previously unreported GenAl that results in a material impact to the functionality of the System, risk to the State, or Contract performance, as determined by the State.
e. If the use of previously undisclosed GenAl is approved by the State, then Contractor will update the Deliverable description, and the Parties will amend the Contract accordingly, which may include incorporating the GenAl Special Provisions into the Contract, at no additional cost to the State. f. The State, at its sole discretion, may consider Contractor's failure to disclose or discontinue the provision or use of GenAl as described above, to constitute a material breach of Contract when such failure results in a material impact to the functionality of the System, risk to the State, or Contract performance. The State is entitled to seek any and all remedies available to it under law as a result of such breach, including but not limited to termination of the contract.
Agreement Number: 25-APP45
City of Upland through the Upland Police Department
EXHIBIT D
SPECIAL TERMS AND CONDITIONS
1. Disputes: Any disputes concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Director, Department of Alcoholic Beverage Control, or designee, who shall reduce his decision in writing and mail or otherwise furnish a copy thereof to the Contractor. The decision of the Department shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the Contractor mails or otherwise furnishes to the State a written appeal addressed to the Director of the Department of Alcoholic Beverage Control. The decision of the Director of Alcoholic Beverage Control or his duly authorized representative for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, capricious, arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this clause, the contractor shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, Contractor shall proceed diligently with the performance of the contract and in accordance with the decision of the State.
2. Cancellation/Termination: This agreement may be cancelled or terminated without cause by either party by giving thirty (30) calendar days advance written notice to the other party. Such notification shall state the effective date of termination or cancellation and include any final performance and/or payment/invoicing instructions/requirements. No penalty shall accrue to either party because of contract termination.
3. Contract Validity: This contract is valid and enforceable only if adequate funds are appropriated in Item 2100-101-3036, Budget Act of 2025, for the purposes of this program.
4. Contractor Certifications: By signing this agreement, Contractor certifies compliance with the provisions of CCC 04/2017, Standard Contractor Certification Clauses. This document may be viewed at: https://www.dgs.ca.gov/OLS/Resources/Pape-Content/Office-of-Leqal-Services- Resources-List-Folder/Standard-Contract-Lanquaqe
5. If the State determines that the grant project is not achieving its goals and objectives on schedule, funding may be reduced by the State to reflect this lower level of project activity and/or cancel the agreement.
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES
STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER(if Applicable) STD 213(Rev.04/2020) 25-APP45 ABC-2100
1.This Agreement is entered into between the Contracting Agency and the Contractor named below:
CONTRACTING AGENCY NAME
Department of Alcoholic Beverage Control
CONTRACTOR NAME
City of Upland through the Upland Police Department
2.The term of this Agreement is:
START DATE
July 1,2025
THROUGH END DATE
June 30,2026
3.The maximum amount of this Agreement is:
$80,000.00 Eighty thousand dollars and no cents
4.The parties agree to comply with the terms and conditions of the following exhibits,which are by this reference made a part of the Agreement.
Exhibits Title Pages
Exhibit A Scope of Work 2
Exhibit B Budget Detail and Payment Provisions 3 Exhibit C* General Terms and Conditions(GTC 02/2025) 5 +
— Exhibit D Special Terms and Conditions 1 Items shown with an asterisk(*),are hereby incorporated by reference and made part of this agreement as if attached hereto.
These documents can be viewed at https://www.dgs.ca.gav/OLS/Resources IN WITNESS WHEREOF,THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.
CONTRACTOR
CONTRACTOR NAME(if other than an individual,state whether a corporation,partnership,etc.) City of Upland through the Upland Police Department
CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP 1499 W. 13th Street Upland CA 91786 PRINTED NAME OF PERSON SIGNING TITLE
Marcelo Blanco Chief of Police
CONTRACTOR AUTH RIZED SIGNATURE DATE SIGNED
STATE OF CALIFORNIA
CONTRACTING AGENCY NAME
Department of Alcoholic Beverage Control
CONTRACTING AGENCY ADDRESS CITY STATE ZIP 3927 Lennane Drive,Suite 100 Sacramento CA 95834 PRINTED NAME OF PERSON SIGNING TITLE
Pattye Baker Chief,Business Management Branch CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL EXEMPTION(If Applicable)
Paae 1 of 1
MEMORANDUM OF UNDERSTANDING BETWEEN
THE UPLAND POLICE DEPARTMENT AND
PARTICIPATING AGENCY
This MEMORANDUM OF UNDERSTANDING (hereinafter "MOU") is made and entered into this 8th day of September , 2025, by and between the Upland Police Department (hereinafter "UPD") and the Claremont Police Department (hereinafter"Agency").
RECITALS
WHEREAS, UPD was awarded a grant from the California Department of Alcoholic Beverage Control ("ABC") to serve as the host agency for a local area grant ("Project") under the ABC Grant Assistance Program.
WHEREAS, the Project goal is to continue an aggressive ABC Enforcement Program with a strong emphasis on deterring minor/juvenile access to alcohol and to expand this program to neighboring law enforcement agencies.
WHEREAS, this project period begins July 1, 2025 and ends June 30, 2026, and; WHEREAS, UPD has an agreement with ABC to allow allied agencies to participate in the Project by executing a Memorandum of Understanding ("MOU"), and; WHEREAS, Agency desires to participate in the Project by entering into this MOU.
WHEREAS reimbursement will be given to allied agencies for operations authorized and conducted under this project.
NOW, THEREFORE, incorporating the foregoing recitals herein, UPD and Agency mutually agree as follows:
1. PURPOSE. To work together in an effort to train our law enforcement officers in ABC procedures and to organize and conduct ABC enforcement activities such as Shoulder Tap Operations, Minor Decoy Operations, "IMPACT" Operations, a "Trapped Door" operation, Direct Enforcement Operations, undercover operations, and a warrant sweep with the expectation of deterring minor/juvenile access to alcohol. ABC will be responsible for training law enforcement officers.
2. TERM. The term for this MOU shall end on June 30, 2026.
3. STARTING WORK. Agency shall not begin work under this project until authorized by UPD. No work will be authorized until the contract/MOU has been fully executed by the Agency and UPD.
4. RESPONSIBILITIES OF UPD.
4.1 Administer the Project agreement with ABC, including submitting required financial and progress reports.
4.2 Reimburse allied agencies for personnel costs associated with project funded activities. Eligible costs include hourly overtime costs for officers, deputies, sergeants, and district attorney investigators. The actual costs of employee benefits (retirement, health, insurance, etc.) for authorized personnel shall be reimbursed except that the amount claimed shall not exceed 30% of monthly salary costs. "Straight Time" and administrative overhead will not be reimbursed. Reimbursement will be on a "monthly" basis.
4.3 Coordinate and participate in project related enforcement activities with the other participating agencies.
4.4 Schedule Project related meetings as needed to coordinate activities.
4.5 Manage and control project/grant funds available to participating agencies to ensure expenditures stay within the budget detailed in the ABC Proposal and Scope of Work, herein attached as Exhibit "A."
4.6 Review, manage, and facilitate all requests for funding from participating agencies.
4.7 Monitor grant dollar amount and notify Agency of remaining funds.
5. RESPONSIBILITIES OF AGENCY.
5.1 Assign law enforcement personnel to assist with project related activities as needed and/or previously coordinated.
5.2 To take turns coordinating and hosting enforcement operations on a mutually agreeable basis with UPD and/or other participating agencies.
5.3 Attend Project related meetings to schedule, coordinate, or debrief activities as needed.
5.4 Submit invoices with back up documentation (copies of salary schedules and overtime payroll records) to UPD promptly following enforcement activities. All invoices for the previous month must be received by the Office of the Chief of Police, City of Upland by the 10th day of the following month.
Invoices received after the 10th day of the new month may not be reimbursed. Invoices and supporting documentation in electronic format may be submitted by email to the Project Director.
5.5 Conduct budgeted project activities by agency personnel on an overtime basis. Project funded operations may be conducted by personnel such as Sergeant, Officer, Corporal, Deputy, Investigator, etc., as dictated by titles used by the individual participating agencies. Personnel will be deployed in a manner needed to accomplish the grant goals and objects, and consistent with the attached "Scope of Work."
5.6 Agency shall submit a basic deployment plan and projected cost form for involved staffing to UPD for approval prior to the deployment or project operation. Agency shall use the "Projected Cost Form" herein attached as Exhibit "B." An electronic version of this form will be provided for the Agency's convenience and can be submitted to the UPD Project Director via email.
5.7 Collect and submit statistics on project activities necessary for completion of specific project/grant reporting requirement prior to being reimbursed for expenses incurred from this project/grant.
5.8 Assume responsibility for the conduct and action of their personnel.
5.9 Ensure that Agency does not exceed estimated expenses submitted for approval by UPD and acknowledge that UPD has sole discretion in the appropriation and allocation of funds in the unlikely event that total expenses exceed available grant funds.
6. CONFIDENTIALITY. Information provided to the Agency by UPD is to be considered confidential information. Agency shall not reveal any information provided by UPD, for the purpose of this MOU, to any party not authorized by UPD.
If the disclosure of any information or record is legally required by the California Public Records Act (CPRA), the Federal Freedom of Information Act (FOIA), a subpoena, court order, or any other law, regulation, or order, then Agency shall provide advance notice to UPD before disclosing such information or record(s)with sufficient time for UPD to assert objections or seek a protective order.
7. COMPENSATION.
7.1 Overtime reimbursement will reflect the actual cost of the personnel conducting the project operation. Benefits are not included in the "base" overtime rate.
7.2 Actual costs of employee benefits (retirement, health, insurance, etc.) for authorized personnel shall be reimbursed except that the amount claimed shall not exceed 30% of monthly salary costs.
7.3 Only overtime costs plus benefits will be reimbursed. No reimbursement will be given for overhead costs, vehicle maintenance or operational costs, or dispatch/support personnel costs. Any equipment specified in the grant will be purchased by UPD and then potentially assigned to participating agencies.
7.4 For planning and budgetary purposes, UPD and Agency will each be allocated approximately 50% of the total grant amount ($80,000.00) for reimbursement costs of personnel. This amount is subject to change if personnel from either party are unavailable to participate in project operations.
7.5 Agency shall be reimbursed with 120 days of submitting reimbursement request.
8. AMENDMENTS. This MOU may be amended at any time by mutual agreement of the parties without additional consideration, provided that before any amendment shall take effect, it shall be reduced to writing and signed by the parties.
9. ASSIGNMENT. Neither this MOU nor any rights, interests, duties, liabilities, obligations, or responsibilities arising out of, concerning or related in any way to this MOU (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings or any kind or
nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non-assigning party or parties.
10. CAPTIONS. Captions and heading in this MOU are solely for the convenience of the parties, are not a part of this MOU, and shall not be used to interpret or determine the validity of this MOU or any of its provisions.
11. NOTICES. All notices relative to this MOU shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice:
UPD: UPLAND POLICE DEPARTMENT
1499 W. 13th St.
Upland, CA 91786
AGENCY: CLAREMONT POLICE DEPARTMENT
570 W. Bonita Ave.
Claremont, CA 91711
12. COMPLIANCE WITH ALL LAWS. Agency shall, at AGENCY's sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this MOU, and shall faithfully observe in all activities relating to or growing out of this MOU all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force.
13. INDEPENDENT CONTRACTOR. This MOU calls for the performance of the services of the parties as independent contractors entering into a cooperative agreement. No party is an agent or employee of any other party for any purpose and is not entitled to any of the benefits provided by any party to its employees.
This MOU shall not be construed as forming a partnership or any other associations between parties.
14. LIABILITY. No party shall be liable to the other party for any loss, damage, liability, claim or cause of action for damage to or destruction of property or for injury or death of persons arising solely from any act or omission of the other party's officers, agents, or employees.
15. BINDING EFFECT. The rights and obligations of this MOU shall inure to the benefit of, and be binding upon, the parties to the MOU and their heirs, administrators, executors, personal representatives, successors, and assigns.
16. CORPORATE AUTHORITY. Each individual signing this MOU on behalf of entities represents and warrants that they are, respectfully, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this MOU.
17. EXECUTION. This MOU is effective upon execution. It is the product of negotiation, and all parties are equally responsible for authorship of this MOU.
Section 1654 of the California Civil Code shall not apply to interpretation of this MOU.
18. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this MOU and the intent of the parties to this MOU.
19. MERGER AND MODIFICATION. This MOU sets forth the entire agreement between the parties and supersedes all other oral or written representations.
20. TERMINATION. This MOU may be terminated by any party upon ten (10) days' written notice, served by mail or personal service, to all other parties.
21. RESOURCE ALLOCATION. All obligations of UPD under the terms of this MOU are subject to the appropriation and allocation of resources by UPD.
The rest of this page was left intentionally blank.
--- 0 ---
IN WITNESS WHEREOF,the parties hereto have caused this Memorandum of Understanding to be executed, the day and year first-above written.
FOR HE UPD: FOR THE AGENCY:
r
By: p.IL � k�ua
c. rJc.. By: IL
Marcelo Blanco Mike Ciszek
Chief of Police Chief of Police
APPROVED AS TO FORM AGENCY Counsel:
B ._ I, ‘ /Ka '�i By:
tephen P. Deitsch
City Attorney Name:
Title:
COUNTERSIGNED:
By:_
Michael Blay
City Manager
Attachments:
Exhibit"A"—2025/26 ABC Grant Proposal and Scope of Work.
Exhibit"B"-Projected Cost Form/Deployment Plan(Excel File).
, °v °p`q� cITFUP LAND
oid "The City of Gracious Living"
DATE: September 8,2025
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:MARCELO A.BLANCO,CHIEF OF POLICE
BRYCE MILAKOVICH,POLICE SERGEANT
SUBJECT: CONSIDER APPROVAL FOR PURCHASE AND INSTALLATION OF NEW CUBICLES AT
THE POLICE DEPARTMENT
RECOMMENDED ACTION:
It is recommended that the City Council authorize the purchase and installation of 12 office cubicles and chairs from G1M Business Interiors in the amount of$130,831.85; and approve a budget adjustment appropriating$20,000 from Police Development Impact Fees for network cabling and contingencies related to the new office cubicles.
GOAL STATEMENT
The proposed action supports the City's goal of enhancing operational efficiency, improving interdepartmental collaboration, and providing a centralized, secure, and functional workspace to support the team's mission of addressing community quality-of-life issues.
BACKGROUND
The Quality-of-Life Team was established to address community concerns such as homelessness,code violations,and public safety through a multidisciplinary approach. The team is currently housed in the Carnegie Building that lacks adequate space, security,and integration with core police operations,which prevents each member of the team from accessing all the resources available for their assignments. The Carnegie Building's layout limits collaboration among team members and with other police department units; and its distance from the police depat tinent hinders rapid response and coordination.Relocating the team to the police department building will provide a modern,secure,and collaborative environment tailored to their operational needs.
ISSUES AND ANALYSIS
The proposed cubicles will accommodate the team's 12 members,ensuring each has a dedicated workspace equipped with necessary technology and resources. The cubicles will be installed in a previously unusable area of the police department building,which has been renovated to meet the team's requirements.
1. Space Constraints at Carnegie Building: The current facility is cramped, with workstations that reduce productivity and limit privacy for sensitive tasks,such as case management for homelessness services.
2. Operational Disconnect: The physical separation from the police department building creates delays in communication and coordination, particularly for IMPACT officers who require real-time access to police resources.
3. Security Concerns: The Carnegie Building lacks the secure infrastructure of the police department,posing risks for handling sensitive information.
Relocating the Quality-of-Life Team to the Police Department building addresses these issues by:
1. Centralized Operations: Co-locating the team with other police units will streamline communication, enhance coordination on joint operations,and improve response times for quality-of-life issues.
2. Enhanced Security: The police department building offers secure access controls, surveillance, and safe storage for sensitive materials, critical for IMPACT officers and the homeless coordinator handling confidential data.
3. Improved Collaboration:Proximity to other department resources,such as dispatch and records,will foster teamwork and enable the community outreach specialist and code enforcement officers to work more effectively with law enforcement.
4. Employee Morale and Productivity: Modern cubicles with ergonomic designs and access to department amenities (e.g., break rooms, training facilities) will create a more professional and comfortable work environment.
The cubicles will be modular allowing flexibility for future adjustments. The installation will require renovations, such as electrical upgrades and network cabling,to ensure compatibility with departmental systems.
A competitive bid was not required as the City is piggybacking on the County of San Bernardino's Contract No.22- 1283 with G1M Business Interiors.
ENVIRONMENTAL DETERMINATION
This project is not subject to the California Environmental Quality Act ("CEQA") pursuant to California Code of Regulations,title 14,chapter 3 ("CEQA Guidelines"), sections 15060(c)(2)(the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)because it has no potential for resulting in physical change to the environment, directly or indirectly.
FISCAL IMPACTS
The total cost for purchasing and installing the 12 office cubicles is $130,831.85. There are available funds in the Asset Forfeiture Machinery and Equipment Account No. 2203201-5530. Once the budget adjustment is approved, $20,000 will be available in the Police Development Impact Fees Account No. 4197500-5540-16135 for internet cabling and contingencies.
ALTERNATIVES
Provide alternative direction to staff.
CEQA:Not a Project.
Glm cic-vatt- ri•tr vurorkr&ce
( A.,"
Project ID/Who &Where Date: Quotation
CITY UPLAND JACOB K 2FL BUILD OUT 240313 8/26/2025 240313 CITY OF UPLAND POLICE DEPARTMENT CITY OF UPLAND POLICE DEPARTMENT 1499 WEST 13TH STREET 1499 WEST 13TH STREET
UPLAND CA 91786 UPLAND CA 91786 MARCELO BLANCO Phone: JACOB KIRK Phone: (909)946-7624 Fax: Fax: (909)931-4358
Product Counts: Systems 12 Desk Units Tables 0 Files Chairs Storage Ancillary GRAND TOTAL $130,831 .85
Product Summary/Scope of Work
PROJECT#
COUNTY OF SAN BERNARDINO CONTRACT#22-1283
***PREVAILING WAGE***
ORDER FOR SYSTEMS FURNITURE, DESKING AND SEATING
PRODUCT TYPE: HERMAN MILLER ETHOSPACE
WORKSTATIONS QTY#12
FOR: CITY OF UPLAND 2ND FLOOR BUILD OUT
**************PROJECT START DATE: SEPTEMBER 2025
**************CUSTOMER MOVE-IN DATE: SEPTEMBER 2025
SCOPE OF WORK:
1) DESIGN SYSTEMS FURNITURE WHICH INCLUDES FIELD RESEARCH, PROGRAMMING, WORKSTATIONS, MAKING
COLOR SELECTIONS,
PRODUCING ALL DRAWINGS, PRODUCT SPECIFICATIONS FOR REVIEW AND APPROVAL 2) COORDINATE AND PROJECT MANAGE ASSEMBLY OF SYSTEMS FURNITURE AND SUPPLY ELECTRICAL AND
DATA INFORMATION WHERE APPLICABLE
**LEVEL 10 INSTALLER REQUIRED FOR TWO-USER WORKSTATION: TRACK FOR SLIDING DOOR TO BE FIELD CUT**
3) G/M SERVICES QUOTED AS (03) TRIP DURING NORMAL BUSINESS HOURS 4) COORDINATE ALL SERVICES WITH: JACOB KIRK 909-946-7624 Account Executive: Victoria Robbertze(vnadolskiA,gmbi.net) Project PAS: Bobbi Yount AMA: Marcie Olson ([email protected]) Page: 1 800-686-6583 800-686-6583 Fax: 951-684-0837
G/M Business Interiors
1099 W. La Cadena Drive, Riverside CA, 92501
http://www.gmbi.net Page 130 of 520
**DESIGN SERVICES BREAKDOWN**
PREVAILING WAGE NON TAXABLE DESIGN SERVICES: (26) HRS @ $55.00/HR = $1,430.00 **G/M WILL HOLD PRODUCT FOR UP TO (2)WEEKS AT OUR WAREHOUSE FREE OF CHARGE. ANY PRODUCT
REMAINING IN OUR WAREHOUSE AFTER THIS PERIOD WILL INCUR STORAGE FEES **NOTE: QUOTE WILL NEED TO BE ADJUSTED IF SERVICES TO TAKE PLACE AFTER BUSINESS HOURS, OR DURING THE WEEKEND**
*****PROJECT MANAGER NOTES:
1)
*****SET UP MANAGER NOTES:
1)
*****ORDER ENTRY NOTES:
1)
LEAD TIME: 8-10 WEEKS
Quotation # 240313
BOM
A Who/What/Where
List List Ext Sell Sell Ext
LOT 1 WORKSTATIONS 349,862.00 349,862.00 100,846.52 100,846.52I Descriptio =on-Tax Srvcs. Taxable Srvcs. Freight J (07)EA HM ETHOSPACE 6X6 HEIGHT ADJUSTABLE .00 .00 .00 .00
WORKSTATIONS WITH OVERHEAD,AND PEDESTAL STORAGE
(01)EA HM ETHOSPACE 6X6 HEIGHT ADJUSTABLE
WORKSTATIONS WITH SLIDING DOOR,OVERHEAD,AND
PEDESTAL STORAGE
(02)EA HM ETHOSPACE 6X8 HEIGHT ADJUSTABLE
WORKSTATIONS WITH SLIDING DOOR,OVERHEAD,AND
PEDESTAL STORAGE
(01)EA HM ETHOSPACE TWO-USER HEIGHT ADJUSTABLE
WORKSTATION WITH SLIDING DOOR,OVERHEAD,AND
PEDESTAL STORAGE
(12)EA HM EMBODY CHAIR
(24)EA ELEVATE SINGLE MONITOR ARM
(12)EA ELEVATE DESK MOUNT POWER MODULE
= • . See Attached Bill of Materials
Piece Count: 721
Account Executive: Victoria Robbertze(vnadolskiA,gmbi.net) Project PAS: Bobbi Yount AMA: Marcie Olson ([email protected]) Page: 2 800-686-6583 800-686-6583 Fax: 951-684-0837
G/M Business Interiors
1099 W. La Cadena Drive, Riverside CA, 92501
http://www.gmbi.net Page 131 of 520
G/M Quotation # 240313
BOM
B Who/What/Where
List List Ext Sell Ext
LOT 0 Z G/M Services .00 .00 .00 .00 Description: on-Tax Srvcs. Ta Design Fee G/M Furniture Planning Services,if applicable,include field 4,588.00 14,990.00 .00 1,430.00 measurements,drawing AutoCAD building shells,developing typical workstations and private office standards,space planning typicals into the floorplan,developing furniture color schemes,order specifications and receiving client approvals for all drawings and color schemes for order entry.
G/M Project Management Services include drawings and field measure checks,order scheduling&routing,electrical
consulting with contractors,field checks,monitoring construction progress along with delivery,assembly,punchlist coordination through final completion.
G/M Project Services include receiving and inspecting of each product,shipping damage adjudication with vendors,
transporting product if applicable,staging of products,delivery, setting in place of all furniture,level clean and polishing of all items,vacuum floors and recycling of all waste products associated with the furniture project.
G/M Punchlist Services include formulation of the project punchlist,ordering and receiving of punchlist products,and delivery and assembly to finalize the punchlist and project.
G/M Warranty Services Department is provided to offer clients our no-charge warranty service work for all furniture protected under valid factory warranties.G/M maintains electronic copies of our Client's invoices for warranty enforcement.For service requests,our Warranty Department may be contacted via e-mail at [email protected]
BOM: See Attached Bill of Material
Piece Count:
Account Executive: Victoria Robbertze([email protected]) Project PAS: Bobbi Yount AMA: Marcie Olson ([email protected]) Page: 3 800-686-6583 800-686-6583 Fax: 951-684-0837
G/M Business Interiors
1099 W. La Cadena Drive, Riverside CA, 92501
http://www.gmbi.net Page 132 of 520
G/M Quotation # 240313
Featured Product of the Month Product Subtotal: $100,846.52 '"' OHermanMiller ` 0 + Services (Taxable) $14,990.00 1 c.c.I , Eames Molded A i i f, Freight (Taxable) $0.00 t A /I --� Services (Non-Taxable) $4,588.00 16 Illi 1 1 -- ,, Design Services (Non-Taxable) $1,430.00 Taxable Subtotal: $115,836.52
M1 Non-Taxable Subtotal: $6,018.00 -i
_ ,,— ��itio Sales Tax(7.750%) $8,977.33 „, ,,:„,,....„ ,....--;'Le '-'
accepts credit cards at 0%for purchases up to$10,000
mom m GIM Purchases over$10,000 requires a surcharge of 2t.75% Total: $130,831.85 IMir
Net 30 Days, 90% Due at Substantial Delivery 90% $117,748.67 !Illih
10% @ Punchlist 10% $13,083.18
I have reviewed the quote, the bill of materials, the drawings (if applicable), the color cards (if applicable), and other 1 associated exhibits for my order.
• I approve the colors,fabrics,and finishes as previously selected and correct as shown on the attached exhibit. • I am satisfied that the product I have selected is the correct size and is suitable and will perform for its intended purpose. • I am aware this product is manufactured to order and is not returnable to G/M or to the manufacturer. • I understand that legal title to the product will transfer upon delivery to my commercial or residential location and all associated labor is taxable until title transfers.
• I am aware additional costs charged for inside delivery,staging,setting in place, assembly, leveling, cleaning, polishing, recycling of waste materials are separately stated and are elected as an additional contract option. • I am aware of the grand total price of this contract as shown on this quote. • G/M is ordering your furniture from a variety of manufacturers to be aggregated and received into our G/M operated warehouse.Once the final portion of your order has been received, a"ready to deliver" notification will be sent to you.
G/M, at this point,will graciously,store your complete order for up to two weeks at no charge. If for some reason you cannot accept a timely delivery within two weeks,a quote for one month' s handling and storage shall be calculated and forwarded to you.
• This quote is valid for 30 days.
Approved by:
Signature Print Name/Title Date
Account Executive: Victoria Robbertze([email protected]) Project PAS: Bobbi Yount AMA: Marcie Olson ([email protected]) Page: 4 800-686-6583 800-686-6583 Fax: 951-684-0837
G/M Business Interiors
1099 W. La Cadena Drive, Riverside CA, 92501
http://www.gmbi.net Page 133 of 520
GSM Business Interiors Elevate your Workplace TM
City of Upland PD Jacob Kirk — 2nd Floor Build Out Quote #240313 6x6 Workstation Cluster — Qty: 5 I Two-User Workstation — Qty: 1 _ �
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Product images are representational only.Fabrics,finishes and Please initial&date specifications may be different than what is pictured here as approval e 134 o gg�0
GSM Business Interiors Elevate your Workplace TM
City of Upland PD Jacob Kirk — 2nd Floor Build Out Quote #240313 6x6 Workstation Cluster— Qty: 3 I 6x8 Workstation Cluster - Qty: 2 Overhead S'8rage Cabirel re Sliding Door
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GSM Business Interiors Elevate your Workplace TM
City of Upland PD Jacob Kirk — 2nd Floor Build Out Quote #240313 Task Seating I Qty: 12
911 Fabric Finish
Rhythm Black
Herman Miller Base/Frame Finish Black Yoke Casters Embody Work Chair with Fully Adjustable Arms Graphite Hard Floors or Carpet Product images are representational only.Fabrics,finishes and Please initial&date specifications may be different than what is pictured. here as approval > e 1 6 o?t o
GSM Business Interiors Elevate your Workplace TM
City of Upland PD Jacob Kirk - 2nd Floor Build Out Quote #240313 Monitor Arm I Qty: 24
cifalliiib Finish
Black
Elevate
Single Monitor Arm
Product images are representational only.Fabrics,finishes and Please initial&date specifications may be different than what is pictured. here as approval e 137 o?gk0
GSM Business Interiors Elevate your Workplace TM
City of Upland PD Jacob Kirk - 2nd Floor Build Out Quote #240313 Qty: 12
I I # i
Elevate
Desk Mount Power
1 USB-C + 1 USB-A
Finish
Black
Product images are representational only.Fabrics,finishes and Please initial&date specifications may be different than what is pictured. here as approval a 138 o?gg 0
2nd Floor I Overall Plan
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Electrical
Please Note : AE to confirm the existing APPROVED, INITIAL HERE electrical dimensions prior to order entry. Gilv Min. 2Circuits Required
NAME (Please Print)
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Structure & Tile Plan Tile Elevation Electrical Page 143of520
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© III C0IF802.0002 Structure & Tile Plan Tile Elevation Electrical Page 144of520
CITY OF UPLAND POLICE DEPARTN 8/26/2025
CITY UPLAND JACOB K 2FL BUILD 1 12:22:34 PM
Quote# 240313
Department: WORKSTATIONS
PO#
Sales Order# Discount%
List Price Sell Price
Item Qty Contract Product Unit Extended Unit Extended
ELEVATE
1 7 GMSPB 82.00 574.00 26.81 187.67 67.30 ElevateTM Surge Protector
• • Black
Tag: WORKSTATIONS
2 14 GMMAB 302.00 4,228.00 98.75 1,382.50 67.30 % ElevateTM Monitor Arm
• • Black
Tag: WORKSTATIONS
3 7 GMDPB 305.00 2,135.00 99.74 698.18 67.30 Elevate TM Desk Mount Power
• • Black
Tag: WORKSTATIONS
4 5 GMSPB 82.00 410.00 26.81 134.05 67.30 % ElevateTM Surge Protector
• • Black
Tag: WORKSTATIONS
5 10 GMMAB 302.00 3,020.00 98.75 987.50 67.30 % ElevateTM Monitor Arm
• • Black
Tag: WORKSTATIONS
6 5 GMDPB 305.00 1,525.00 99.74 498.70 67.30 % Elevate TM Desk Mount Power
• • Black
Tag: WORKSTATIONS
GMHARDWARE
7 6 (1) PER GMHARDWARE .00 .00 10.00 60.00
WALL STRIP GM WALL ANCHORS
WALL START
OR OH
• •Tag: WORKSTATIONS
8 5 (1) PER GMHARDWARE .00 .00 10.00 50.00
WALL STRIP GM WALL ANCHORS
WALL START
OR OH
• •Tag: WORKSTATIONS
HERMANMILLER
Account Executive: Victoria Robbertze Project Designer Bobbi Yount Page: 1 Job Captain Marcie Olson Page 145 of 520
CITY OF UPLAND POLICE DEPARTN 8/26/2025
(FIM) CITY UPLAND JACOB K 2FL BUILD I 12:22:34 PM Quote# 240313
Department: WORKSTATIONS
PO#
Sales Order# Discount%
List Price Sell Price
Item Qty Contract Product Unit Extended Unit Extended
HERMANMILLER
9 10 FV43FV.E81536LLPL 1,872.00 18,720.00 485.41 4,854.10 74.07 Vary Easy Overhead Storage Cabinet, Sliding Full Enclosure, Ethospace connection, 15" high,36"wide,thermally-fused laminate with thermoplastic edge,thermally-fused laminate with thermoplastic edge, painted, lock
KA • • keyed alike
VTG • • vertical grain
1T • • pre-determined case/edge
CL • • cool grey neutral
1T • • pre-determined door/edge
CL • • cool grey neutral
CL • • cool grey neutral
Tag: WORKSTATIONS
10 7 F/BBF LW100.20BBF 898.00 6,286.00 266.08 1,862.56 70.37 % +W-Pull Freestd Pedesta1,20"d,BBF
SB • Slides • +full-extension ball-bearing
SS • Paint/Steel Type • +smooth paint on smooth steel SG • Surface Finish • +slate grey
KA • Lock • +keyed alike
2F • Base Height • +raised height
3M • Drawer Interior • +drawer divider in one box drawer, pencil tray in one box drawer, 2 Tag: WORKSTATIONS
11 7 CN122AWAA 2,310.00 16,170.00 1,155.00 8,085.00 50.00 % @Wk Chair,standard-height range,fully adj arms
G1 • Base Finish • +graphite (CP)
G1 • Frame Finish • @graphite(CP)
C7 • Casters • +2 1/2"caster, black yoke, hard floors or carpet 30 • Fabric • +rhythm-Pr Cat 2
14 • 30_Colors • +rhythm black
Tag: WORKSTATIONS
12 1 70/36A E1118.7036A 4,031.00 4,031.00 1,045.24 1,045.24 74.07 % @Privacy Door,70" h,36"w,translucent plastic
R6 • Door Attachment• Priv
NL • Lock • @no lock
SG • Frame Finish • @slate grey
FW • Infill Finish • @fluted translucent
Tag: WORKSTATIONS
Account Executive: Victoria Robbertze Project Designer Bobbi Yount Page: 2 Job Captain Marcie Olson Page 146 of 520
CITY OF UPLAND POLICE DEPARTN 8/26/2025
(FIM) CITY UPLAND JACOB K 2FL BUILD 1 12:22:34 PM Quote# 240313
Department: WORKSTATIONS
PO#
Sales Order# Discount%
List Price Sell Price
Item Qty Contract Product Unit Extended Unit Extended
HERMANMILLER
13 7 30/48E DW6ACS.3048LDWB 2,281.00 15,967.00 760.26 5,321.82 66.67 +Rectangle Table w/C-Foot,sq-edge,30"d (29"surf size),48"w(46"surf size),high-pressure lam top/thermoplastic edge,electric ext range,legs w/cross beam
STS • Switch Option • +simple up/down touch switch CL • Top Finish • +cool grey neutral
CL • Edge Finish • +cool grey neutral
G1 • Base Finish • +graphite (CP)
57 • Glides • +glides
Tag: WORKSTATIONS
14 2 OHW/F15 FV43F.WM1548LPL 2,262.00 4,524.00 586.54 1,173.08 74.07 % @OH Stg Cabinet, Sliding Full Encl,wall mount,15"h,48"w,thermally- fused lam case&dr,painted,lock
KA • Lock Option • @keyed alike
CL • Case/Edge Finis • @cool grey neutral
CL • Primary Door/Ed • @cool grey neutral
CL • Secondary Door • @cool grey neutral
Tag: WORKSTATIONS
15 5 70/SE E1230.70SE 790.00 3,950.00 204.85 1,024.25 74.07 % +3-Way 90'141/2 Con,70" h,vinyl,(E) pwr
SG • Surface Finish • +slate grey
SG • Top Cap Finish • +slate grey
SG • Cable Managem • +slate grey
Tag: WORKSTATIONS
16 5 70/SSN E1220.70SSN 569.00 2,845.00 147.54 737.70 74.07 +2-Way 90141/2 Con,70" h,vinyl,square,(N)npwr
SG • Surface Finish • +slate grey
SG • Top Cap Finish • +slate grey
SG • Cable Managem • +slate grey
Tag: WORKSTATIONS
17 1 70/SSE E1220.70SSE 639.00 639.00 165.69 165.69 74.07 % +2-Way 90'1'4%Con,70" h,vinyl,square,(E) pwr
SG • Surface Finish • +slate grey
SG • Top Cap Finish • +slate grey
SG • Cable Managem • +slate grey
Tag: WORKSTATIONS
Account Executive: Victoria Robbertze Project Designer Bobbi Yount Page: 3 Job Captain Marcie Olson Page 147 of 520
CITY OF UPLAND POLICE DEPARTN 8/26/2025
CITY UPLAND JACOB K 2FL BUILD 1 12:22:34 PM
Quote# 240313
Department: WORKSTATIONS
PO#
Sales Order# Discount%
List Price Sell Price
Item Qty Contract Product Unit Extended Unit Extended
HERMANMILLER
18 1 TBW24/96 FV990.C124A96R 979.00 979.00 253.85 253.85 74.07 @Wall-Mount Fabric Tackboard,for use w/Canvas Private Office,for use w/Canvas 2-1/4" plinth base or 28.5"h worksurface at a 68"H datum,24"h to go between a low crdnz(3/8"thin top)&a 22"h overhead,96"w,tackable fabric, horiz
8R • Fabric • +twist-Pr Cat 2
14 • 8R Colors • +twist tin
Tag: WORKSTATIONS
19 5 R E2393.24R 67.00 335.00 17.37 86.85 74.07 % +Wk Surf Support, Sng,for 20"-or 24"-deep surf,rt
SG • Surface Finish • +slate grey
SM • Support Option • +on module
Tag: WORKSTATIONS
20 5 L E2393.24L 67.00 335.00 17.37 86.85 74.07 +Wk Surf Support, Sng,for 20"-or 24"-deep surf,lf
SG • Surface Finish • +slate grey
SM • Support Option • +on module
Tag: WORKSTATIONS
21 10 E1415.2448T 582.00 5,820.00 150.91 1,509.10 74.07 +Window Tile,24" h,48"w,top
SG • Frame Finish • +slate grey
TL • Glazing Finish • +translucent
Tag: WORKSTATIONS
22 2 E1415.2436T 475.00 950.00 123.17 246.34 74.07 +Window Tile,24" h,36"w,top
SG • Frame Finish • +slate grey
TL • Glazing Finish • +translucent
Tag: WORKSTATIONS
23 10 E1415.2430T 433.00 4,330.00 112.28 1,122.80 74.07 % +Window Tile,24" h,30"w,top
SG • Frame Finish • +slate grey
TL • Glazing Finish • +translucent
Tag: WORKSTATIONS
24 1 24/96 EWS10.2496LF 926.00 926.00 240.11 240.11 74.07 % +Rect Surf,sq-edge,24"d,96"w,high-pressure lam top/thermoplastic edge,Ethospace frame att surf
CL • Top Finish • +cool grey neutral
CL • Edge Finish • +cool grey neutral
Tag: WORKSTATIONS
Account Executive: Victoria Robbertze Project Designer Bobbi Yount Page:4 Job Captain Marcie Olson Page 148 of 520
CITY OF UPLAND POLICE DEPARTN 8/26/2025
CITY UPLAND JACOB K 2FL BUILD 12:22:34 PM
(8 I M)
Quote# 240313
Department: WORKSTATIONS
PO#
Sales Order# Discount%
List Price Sell Price
Item Qty Contract Product Unit Extended Unit Extended
HERMANMILLER
25 5 24/72 EWS10.2472LF 765.00 3,825.00 198.36 991.80 74.07 +Rect Surf,sq-edge,24"d,72"w,high-pressure lam top/thermoplastic edge,Ethospace frame att surf
CL • Top Finish • +cool grey neutral
CL • Edge Finish • +cool grey neutral
Tag: WORKSTATIONS
26 1 70/48N E1109.7048N 1,155.00 1,155.00 299.49 299.49 74.07 % +Frame,70" h,48"w,(N)npwr, no rcp loc
SG • Top Cap Finish • +slate grey
SG • Cable Managem • +slate grey
Tag: WORKSTATIONS
27 6 70/48J E1109.7048G 1,450.00 8,700.00 375.99 2,255.94 74.07 % +Frame,70" h,48"w,(G)pwr,4-c,com pt loc
SG • Top Cap Finish • +slate grey
SG • Cable Managem • +slate grey
Tag: WORKSTATIONS
28 1 70/36N E1109.7036N 1,009.00 1,009.00 261.63 261.63 74.07 +Frame,70" h,36"w,(N)npwr, no rcp loc
SG • Top Cap Finish • +slate grey
SG • Cable Managem • +slate grey
Tag: WORKSTATIONS
29 10 70/36J E1109.7036G 1,308.00 13,080.00 339.16 3,391.60 74.07 +Frame,70" h,36"w,(G)pwr,4-c,com pt loc
SG • Top Cap Finish • +slate grey
SG • Cable Managem • +slate grey
Tag: WORKSTATIONS
30 5 70/30N E1109.7030N 934.00 4,670.00 242.19 1,210.95 74.07 % +Frame,70" h,30"w,(N)npwr, no rcp loc
SG • Top Cap Finish • +slate grey
SG • Cable Managem • +slate grey
Tag: WORKSTATIONS
31 1 70/24N E1109.7024N 863.00 863.00 223.78 223.78 74.07 % +Frame,70" h,24"w,(N)npwr, no rcp loc
SG • Top Cap Finish • +slate grey
SG • Cable Managem • +slate grey
Tag: WORKSTATIONS
Account Executive: Victoria Robbertze Project Designer Bobbi Yount Page: 5 Job Captain Marcie Olson Page 149 of 520
CITY OF UPLAND POLICE DEPARTN 8/26/2025
(FI M) CITY UPLAND JACOB K 2FL BUILD I 12:22:34 PM Quote# 240313
Department: WORKSTATIONS
PO#
Sales Order# Discount%
List Price Sell Price
Item Qty Contract Product Unit Extended Unit Extended
HERMANMILLER
32 6 70/24J E1109.7024G 1,155.00 6,930.00 299.49 1,796.94 74.07 +Frame,70" h,24"w,(G)pwr,4-c,com pt loc
SG • Top Cap Finish • +slate grey
SG • Cable Managem • +slate grey
Tag: WORKSTATIONS
33 2 E1420.6448F 687.00 1,374.00 178.14 356.28 74.07 % +Face Tile,64" h,48"w,fabric
8R • • *twist-Pr Cat 2
14 • • *twist tin
Tag: WORKSTATIONS
34 1 E1420.6424F 507.00 507.00 131.47 131.47 74.07 % +Face Tile,64" h,24"w,fabric
8R • • *twist-Pr Cat 2
14 • • *twist tin
Tag: WORKSTATIONS
35 1 E1420.4824F 382.00 382.00 99.05 99.05 74.07 +Face Tile,48" h,24"w,fabric
8R • • *twist-Pr Cat 2
14 • • *twist tin
Tag: WORKSTATIONS
36 1 E1420.0824F 131.00 131.00 33.97 33.97 74.07 *Face Tile,8" h,24"w,fabric
8R • • *twist-Pr Cat 2
14 • • *twist tin
Tag: WORKSTATIONS
37 14 E1420.2448F 297.00 4,158.00 77.01 1,078.14 74.07 % *Face Tile,24" h,48"w,fabric
8R • • *twist-Pr Cat 2
14 • • *twist tin
Tag: WORKSTATIONS
38 42 E1420.2436F 265.00 11,130.00 68.71 2,885.82 74.07 % *Face Tile,24" h,36"w,fabric
8R • • *twist-Pr Cat 2
14 • • *twist tin
Tag: WORKSTATIONS
39 10 E1420.2430F 239.00 2,390.00 61.97 619.70 74.07 *Face Tile,24" h,30"w,fabric
8R • • *twist-Pr Cat 2
14 • • *twist tin
Tag: WORKSTATIONS
Account Executive: Victoria Robbertze Project Designer Bobbi Yount Page: 6 Job Captain Marcie Olson Page 150 of 520
CITY OF UPLAND POLICE DEPARTN 8/26/2025
(FI M) CITY UPLAND JACOB K 2FL BUILD 1 12:22:34 PM Quote# 240313
Department: WORKSTATIONS
PO#
Sales Order# Discount%
List Price Sell Price
Item Qty Contract Product Unit Extended Unit Extended
HERMANMILLER
40 23 E1420.2424F 224.00 5,152.00 58.08 1,335.84 74.07 *Face Tile,24" h,24"w,fabric
8R • • *twist-Pr Cat 2
14 • • *twist tin
Tag: WORKSTATIONS
41 12 E1420.1648F 239.00 2,868.00 61.97 743.64 74.07 % *Face Tile,16" h,48"w,fabric
1 HA • • *medley-Pr Cat 2
15 • • *medley blueberry
Tag: WORKSTATIONS
42 22 E1420.1636F 210.00 4,620.00 54.45 1,197.90 74.07 % *Face Tile,16" h,36"w,fabric
1 HA • • *medley-Pr Cat 2
15 • • *medley blueberry
Tag: WORKSTATIONS
43 10 E1420.1630F 191.00 1,910.00 49.53 495.30 74.07 *Face Tile,16" h,30"w,fabric
1 HA • • *medley-Pr Cat 2
15 • • *medley blueberry
Tag: WORKSTATIONS
44 12 E1420.1624F 183.00 2,196.00 47.45 569.40 74.07 *Face Tile,16" h,24"w,fabric
1 HA • • *medley-Pr Cat 2
15 • • *medley blueberry
Tag: WORKSTATIONS
45 7 (1) PER DU15S.D 176.00 1,232.00 56.50 395.50 67.90 % TABLE Cp Ht-Adj Veil Cable Manager,worksurface att,electric ext range BK • Finish • +black
Tag: WORKSTATIONS
46 1 E2931.R 106.00 106.00 27.49 27.49 74.07 % +Wk Surf Support Bracket,rt 4/Pkg
SG • Finish • +slate grey
Tag: WORKSTATIONS
47 1 E2931.L 106.00 106.00 27.49 27.49 74.07 +Wk Surf Support Bracket,If 4/Pkg
SG • Finish • +slate grey
Tag: WORKSTATIONS
Account Executive: Victoria Robbertze Project Designer Bobbi Yount Page: 7 Job Captain Marcie Olson Page 151 of 520
CITY OF UPLAND POLICE DEPARTN 8/26/2025
CITY UPLAND JACOB K 2FL BUILD 1 12:22:34 PM
Quote# 240313
Department: WORKSTATIONS
PO#
Sales Order# Discount%
List Price Sell Price
Item Qty Contract Product Unit Extended Unit Extended
HERMANMILLER
48 2 WS70 E1210.70 370.00 740.00 95.94 191.88 74.07 +Wall Start,70" h
SG • Surface Finish • +slate grey
Tag: WORKSTATIONS
49 2 ETHO- E1212.70 266.00 532.00 68.97 137.94 74.07 % FIBERBOARD +Wall Start Filler
FILLER B/W
WALL AND
WALL
START, CAN
BE PAINT
MATCHED IN
THE FIELD.
• •Tag: WORKSTATIONS
50 2 A E1311.B 370.00 740.00 95.94 191.88 74.07 % +Receptacle,4 Circuit, 15 Amp,duplex, circ b 6/Pkg
SG • Surface Finish • +slate grey
Tag: WORKSTATIONS
51 2 A E1311.A 370.00 740.00 95.94 191.88 74.07 % +Receptacle,4 Circuit, 15 Amp,duplex, circ a 6/Pkg
SG • Surface Finish • +slate grey
Tag: WORKSTATIONS
52 1 E1440.1624M 302.00 302.00 78.31 78.31 74.07 % +Open Tile,16" h,24"w,middle/bottom
SG • Frame Finish • +slate grey
Tag: WORKSTATIONS
53 7 FE/705 E1250.70S 166.00 1,162.00 43.04 301.28 74.07 % +Fin End,70" h,std
SG • Surface Finish • +slate grey
Tag: WORKSTATIONS
54 4 232092-232 .00 .00 .00 .00 Lock Plug&Keys
• •Tag: WORKSTATIONS
55 4 232092-231 .00 .00 .00 .00 cyo Lock Plug&Keys
• •Tag: WORKSTATIONS
Account Executive: Victoria Robbertze Project Designer Bobbi Yount Page: 8 Job Captain Marcie Olson Page 152 of 520
CITY OF UPLAND POLICE DEPARTN 8/26/2025
(FI M) CITY UPLAND JACOB K 2FL BUILD 1 12:22:34 PM Quote# 240313
Department: WORKSTATIONS
PO#
Sales Order# Discount%
List Price Sell Price
Item Qty Contract Product Unit Extended Unit Extended
HERMANMILLER
56 4 232092-230 .00 .00 .00 .00 cyo Lock Plug&Keys
• •Tag: WORKSTATIONS
57 4 232092-229 .00 .00 .00 .00 Lock Plug&Keys
• •Tag: WORKSTATIONS
58 4 232092-228 .00 .00 .00 .00 Lock Plug&Keys
• •Tag: WORKSTATIONS
59 4 232092-227 .00 .00 .00 .00 Lock Plug&Keys
• •Tag: WORKSTATIONS
60 4 232092-226 .00 .00 .00 .00 % Lock Plug&Keys
• •Tag: WORKSTATIONS
61 3 (2) PER G1190.01 82.00 246.00 21.26 63.78 74.07 % FRAME (TO @Carpet Grippers 25/Pkg
GO UNDER
THE GLIDE)
• •Tag: WORKSTATIONS
62 7 TL/TW G6160.BB 733.00 5,131.00 190.07 1,330.49 74.07 +Twist LED Task Light,starter unit,bracket att
• •Tag: WORKSTATIONS
63 7 TL/TW G6160.CB 528.00 3,696.00 136.91 958.37 74.07 % +Twist LED Task Light,add-on unit,bracket att
• •Tag: WORKSTATIONS
64 1 06E E1322.06E 327.00 327.00 84.79 84.79 74.07 % +Pwr Entry, External Direct Connect,4 Circ,6'I
• •Tag: WORKSTATIONS
Account Executive: Victoria Robbertze Project Designer Bobbi Yount Page: 9 Job Captain Marcie Olson Page 153 of 520
CITY OF UPLAND POLICE DEPARTN 8/26/2025
(FIM) CITY UPLAND JACOB K 2FL BUILD 1 12:22:34 PM Quote# 240313
Department: WORKSTATIONS
PO#
Sales Order# Discount%
List Price Sell Price
Item Qty Contract Product Unit Extended Unit Extended
HERMANMILLER
65 1 CE E1356.CE 391.00 391.00 101.39 101.39 74.07 +Pass-Through Harness, Con,3-way 901 1/2 connector 5/Pkg • •Tag: WORKSTATIONS
66 1 AE E1356.AE 368.00 368.00 95.42 95.42 74.07 % +Pass-Through Harness, Con,2-way 90I,h/2 connector 5/Pkg • •Tag: WORKSTATIONS
67 18 E1120.70 66.00 1,188.00 17.11 307.98 74.07 +Draw Rod,70" h
• •Tag: WORKSTATIONS
68 7 G1331. 35.00 245.00 9.08 63.56 74.07 % +Cord Cleat 2/Pkg
• •Tag: WORKSTATIONS
69 4 FV43FV.E81548LLPL 2,160.00 8,640.00 560.09 2,240.36 74.07 Vary Easy Overhead Storage Cabinet, Sliding Full Enclosure, Ethospace connection, 15" high,48"wide,thermally-fused laminate with thermoplastic edge,thermally-fused laminate with thermoplastic edge, painted, lock
KA • • keyed alike
VTG • • vertical grain
1T • • pre-determined case/edge
CL • • cool grey neutral
1T • • pre-determined door/edge
CL • • cool grey neutral
CL • • cool grey neutral
Tag: WORKSTATIONS
70 2 FV43FV.E81542LLPL 2,132.00 4,264.00 552.83 1,105.66 74.07 % Vary Easy Overhead Storage Cabinet, Sliding Full Enclosure, Ethospace connection, 15" high,42"wide,thermally-fused laminate with thermoplastic edge,thermally-fused laminate with thermoplastic edge, painted, lock
KA • • keyed alike
VTG • • vertical grain
1T • • pre-determined case/edge
CL • • cool grey neutral
1T • • pre-determined door/edge
CL • • cool grey neutral
CL • • cool grey neutral
Tag: WORKSTATIONS
Account Executive: Victoria Robbertze Project Designer Bobbi Yount Page: 10 Job Captain Marcie Olson Page 154 of 520
CITY OF UPLAND POLICE DEPARTN 8/26/2025
(FIM) CITY UPLAND JACOB K 2FL BUILD I 12:22:34 PM Quote# 240313
Department: WORKSTATIONS
PO#
Sales Order# Discount%
List Price Sell Price
Item Qty Contract Product Unit Extended Unit Extended
HERMANMILLER
71 4 FV43FV.E81536LLPL 1,872.00 7,488.00 485.41 1,941.64 74.07 Vary Easy Overhead Storage Cabinet, Sliding Full Enclosure, Ethospace connection, 15" high,36"wide,thermally-fused laminate with thermoplastic edge,thermally-fused laminate with thermoplastic edge, painted, lock
KA • • keyed alike
VTG • • vertical grain
1T • • pre-determined case/edge
CL • • cool grey neutral
1T • • pre-determined door/edge
CL • • cool grey neutral
CL • • cool grey neutral
Tag: WORKSTATIONS
72 5 F/BBF LW100.20BBF 898.00 4,490.00 266.08 1,330.40 70.37 % +W-Pull Freestd Pedesta1,20"d,BBF
SB • Slides • +full-extension ball-bearing
SS • Paint/Steel Type • +smooth paint on smooth steel SG • Surface Finish • +slate grey
KA • Lock • +keyed alike
2F • Base Height • +raised height
3M • Drawer Interior • +drawer divider in one box drawer, pencil tray in one box drawer, 2 Tag: WORKSTATIONS
73 5 CN122AWAA 2,310.00 11,550.00 1,155.00 5,775.00 50.00 % @Wk Chair,standard-height range,fully adj arms
G1 • Base Finish • +graphite (CP)
G1 • Frame Finish • @graphite(CP)
C7 • Casters • +2 1/2"caster, black yoke, hard floors or carpet 30 • Fabric • +rhythm-Pr Cat 2
14 • 30_Colors • +rhythm black
Tag: WORKSTATIONS
74 2 70/36A E1118.7036A 4,031.00 8,062.00 1,045.24 2,090.48 74.07 % @Privacy Door,70" h,36"w,translucent plastic
L6 • Door Attachment• @left
NL • Lock • @no lock
SG • Frame Finish • @slate grey
FW • Infill Finish • @fluted translucent
Tag: WORKSTATIONS
Account Executive: Victoria Robbertze Project Designer Bobbi Yount Page: 11 Job Captain Marcie Olson Page 155 of 520
CITY OF UPLAND POLICE DEPARTN 8/26/2025
(FIM) CITY UPLAND JACOB K 2FL BUILD 1 12:22:34 PM Quote# 240313
Department: WORKSTATIONS
PO#
Sales Order# Discount%
List Price Sell Price
Item Qty Contract Product Unit Extended Unit Extended
HERMANMILLER
75 5 30/48E DW6ACS.3048LDWB 2,281.00 11,405.00 760.26 3,801.30 66.67 +Rectangle Table w/C-Foot,sq-edge,30"d (29"surf size),48"w(46"surf size),high-pressure lam top/thermoplastic edge,electric ext range,legs w/cross beam
STS • Switch Option • +simple up/down touch switch CL • Top Finish • +cool grey neutral
CL • Edge Finish • +cool grey neutral
G1 • Base Finish • +graphite (CP)
57 • Glides • +glides
Tag: WORKSTATIONS
76 1 SF/70SN E1222.70SN 584.00 584.00 151.43 151.43 74.07 % +Spacer,70" h,vinyl,(N)npwr
SG • Surface Finish S • +slate grey
SG • Surface Finish S • +slate grey
SG • Top Cap Finish • +slate grey
SG • Cable Managem • +slate grey
Tag: WORKSTATIONS
77 4 70/SE E1230.70SE 790.00 3,160.00 204.85 819.40 74.07 % +3-Way 901L'/2 Con,70" h,vinyl,(E) pwr
SG • Surface Finish • +slate grey
SG • Top Cap Finish • +slate grey
SG • Cable Managem • +slate grey
Tag: WORKSTATIONS
78 5 70/SSN E1220.70SSN 569.00 2,845.00 147.54 737.70 74.07 +2-Way 90141/2 Con,70" h,vinyl,square,(N)npwr
SG • Surface Finish • +slate grey
SG • Top Cap Finish • +slate grey
SG • Cable Managem • +slate grey
Tag: WORKSTATIONS
79 7 R E2393.24R 67.00 469.00 17.37 121.59 74.07 % +Wk Surf Support, Sng,for 20"-or 24"-deep surf,rt
SG • Surface Finish • +slate grey
SM • Support Option • +on module
Tag: WORKSTATIONS
80 8 L E2393.24L 67.00 536.00 17.37 138.96 74.07 % +Wk Surf Support, Sng,for 20"-or 24"-deep surf,lf
SG • Surface Finish • +slate grey
SM • Support Option • +on module
Tag: WORKSTATIONS
Account Executive: Victoria Robbertze Project Designer Bobbi Yount Page: 12 Job Captain Marcie Olson Page 156 of 520
CITY OF UPLAND POLICE DEPARTN 8/26/2025
CITY UPLAND JACOB K 2FL BUILD I 12:22:34 PM
(8 I M)
Quote# 240313
Department: WORKSTATIONS
PO#
Sales Order# Discount%
List Price Sell Price
Item Qty Contract Product Unit Extended Unit Extended
HERMANMILLER
81 8 E1415.2448T 582.00 4,656.00 150.91 1,207.28 74.07 +Window Tile,24" h,48"w,top
SG • Frame Finish • +slate grey
TL • Glazing Finish • +translucent
Tag: WORKSTATIONS
82 4 E1415.2436T 475.00 1,900.00 123.17 492.68 74.07 % +Window Tile,24" h,36"w,top
SG • Frame Finish • +slate grey
TL • Glazing Finish • +translucent
Tag: WORKSTATIONS
83 6 E1415.2430T 433.00 2,598.00 112.28 673.68 74.07 % +Window Tile,24" h,30"w,top
SG • Frame Finish • +slate grey
TL • Glazing Finish • +translucent
Tag: WORKSTATIONS
84 4 E1415.2424T 396.00 1,584.00 102.68 410.72 74.07 +Window Tile,24" h,24"w,top
SG • Frame Finish • +slate grey
TL • Glazing Finish • +translucent
Tag: WORKSTATIONS
85 2 24/96 EWS10.2496LF 926.00 1,852.00 240.11 480.22 74.07 +Rect Surf,sq-edge,24"d,96"w,high-pressure lam top/thermoplastic edge,Ethospace frame att surf
CL • Top Finish • +cool grey neutral
CL • Edge Finish • +cool grey neutral
Tag: WORKSTATIONS
86 2 24/78 EWS10.2478LF 794.00 1,588.00 205.88 411.76 74.07 % +Rect Surf,sq-edge,24"d,78"w,high-pressure lam top/thermoplastic edge,Ethospace frame att surf
CL • Top Finish • +cool grey neutral
CL • Edge Finish • +cool grey neutral
Tag: WORKSTATIONS
87 1 24/72 EWS10.2472LF 765.00 765.00 198.36 198.36 74.07 % +Rect Surf,sq-edge,24"d,72"w,high-pressure lam top/thermoplastic edge,Ethospace frame att surf
CL • Top Finish • +cool grey neutral
CL • Edge Finish • +cool grey neutral
Tag: WORKSTATIONS
Account Executive: Victoria Robbertze Project Designer Bobbi Yount Page: 13 Job Captain Marcie Olson Page 157 of 520
CITY OF UPLAND POLICE DEPARTN 8/26/2025
CITY UPLAND JACOB K 2FL BUILD 12:22:34 PM
(1G I M)
Quote# 240313
Department: WORKSTATIONS
PO#
Sales Order# Discount%
List Price Sell Price
Item Qty Contract Product Unit Extended Unit Extended
HERMANMILLER
88 1 70/48N E1109.7048N 1,155.00 1,155.00 299.49 299.49 74.07 +Frame,70" h,48"w,(N)npwr, no rcp loc
SG • Top Cap Finish • +slate grey
SG • Cable Managem • +slate grey
Tag: WORKSTATIONS
89 8 70/48J E1109.7048G 1,450.00 11,600.00 375.99 3,007.92 74.07 % +Frame,70" h,48"w,(G)pwr,4-c,com pt loc
SG • Top Cap Finish • +slate grey
SG • Cable Managem • +slate grey
Tag: WORKSTATIONS
90 2 70/42J E1109.7042G 1,381.00 2,762.00 358.09 716.18 74.07 % +Frame,70" h,42"w,(G)pwr,4-c,com pt loc
SG • Top Cap Finish • +slate grey
SG • Cable Managem • +slate grey
Tag: WORKSTATIONS
91 2 70/36N E1109.7036N 1,009.00 2,018.00 261.63 523.26 74.07 +Frame,70" h,36"w,(N)npwr, no rcp loc
SG • Top Cap Finish • +slate grey
SG • Cable Managem • +slate grey
Tag: WORKSTATIONS
92 4 70/36J E1109.7036G 1,308.00 5,232.00 339.16 1,356.64 74.07 +Frame,70" h,36"w,(G)pwr,4-c,com pt loc
SG • Top Cap Finish • +slate grey
SG • Cable Managem • +slate grey
Tag: WORKSTATIONS
93 3 70/30N E1109.7030N 934.00 2,802.00 242.19 726.57 74.07 % +Frame,70" h,30"w,(N)npwr, no rcp loc
SG • Top Cap Finish • +slate grey
SG • Cable Managem • +slate grey
Tag: WORKSTATIONS
94 3 70/24N E1109.7024N 863.00 2,589.00 223.78 671.34 74.07 % +Frame,70" h,24"w,(N)npwr, no rcp loc
SG • Top Cap Finish • +slate grey
SG • Cable Managem • +slate grey
Tag: WORKSTATIONS
95 4 70/24J E1109.7024G 1,155.00 4,620.00 299.49 1,197.96 74.07 +Frame,70" h,24"w,(G)pwr,4-c,com pt loc
SG • Top Cap Finish • +slate grey
SG • Cable Managem • +slate grey
Tag: WORKSTATIONS
Account Executive: Victoria Robbertze Project Designer Bobbi Yount Page: 14 Job Captain Marcie Olson Page 158 of 520
CITY OF UPLAND POLICE DEPARTN 8/26/2025
(FI M) CITY UPLAND JACOB K 2FL BUILD I 12:22:34 PM Quote# 240313
Department: WORKSTATIONS
PO#
Sales Order# Discount%
List Price Sell Price
Item Qty Contract Product Unit Extended Unit Extended
HERMANMILLER
96 5 E1420.6448F 687.00 3,435.00 178.14 890.70 74.07 +Face Tile,64" h,48"w,fabric
8R • • *twist-Pr Cat 2
14 • • *twist tin
Tag: WORKSTATIONS
97 2 E1420.6442F 637.00 1,274.00 165.17 330.34 74.07 % +Face Tile,64" h,42"w,fabric
8R • • *twist-Pr Cat 2
14 • • *twist tin
Tag: WORKSTATIONS
98 4 E1420.6436F 594.00 2,376.00 154.02 616.08 74.07 % +Face Tile,64" h,36"w,fabric
8R • • *twist-Pr Cat 2
14 • • *twist tin
Tag: WORKSTATIONS
99 1 E1420.6424F 507.00 507.00 131.47 131.47 74.07 +Face Tile,64" h,24"w,fabric
8R • • *twist-Pr Cat 2
14 • • *twist tin
Tag: WORKSTATIONS
100 18 E1420.2448F 297.00 5,346.00 77.01 1,386.18 74.07 *Face Tile,24" h,48"w,fabric
8R • • *twist-Pr Cat 2
14 • • *twist tin
Tag: WORKSTATIONS
101 4 E1420.2442F 275.00 1,100.00 71.31 285.24 74.07 % *Face Tile,24" h,42"w,fabric
8R • • *twist-Pr Cat 2
14 • • *twist tin
Tag: WORKSTATIONS
102 12 E1420.2436F 265.00 3,180.00 68.71 824.52 74.07 % *Face Tile,24" h,36"w,fabric
8R • • *twist-Pr Cat 2
14 • • *twist tin
Tag: WORKSTATIONS
103 6 E1420.2430F 239.00 1,434.00 61.97 371.82 74.07 *Face Tile,24" h,30"w,fabric
8R • • *twist-Pr Cat 2
14 • • *twist tin
Tag: WORKSTATIONS
Account Executive: Victoria Robbertze Project Designer Bobbi Yount Page: 15 Job Captain Marcie Olson Page 159 of 520
CITY OF UPLAND POLICE DEPARTN 8/26/2025
(FI M) CITY UPLAND JACOB K 2FL BUILD 1 12:22:34 PM Quote# 240313
Department: WORKSTATIONS
PO#
Sales Order# Discount%
List Price Sell Price
Item Qty Contract Product Unit Extended Unit Extended
HERMANMILLER
104 22 E1420.2424F 224.00 4,928.00 58.08 1,277.76 74.07 *Face Tile,24" h,24"w,fabric
8R • • *twist-Pr Cat 2
14 • • *twist tin
Tag: WORKSTATIONS
105 13 E1420.1648F 239.00 3,107.00 61.97 805.61 74.07 % *Face Tile,16" h,48"w,fabric
1 HA • • *medley-Pr Cat 2
15 • • *medley blueberry
Tag: WORKSTATIONS
106 2 E1420.1642F 221.00 442.00 57.31 114.62 74.07 % *Face Tile,16" h,42"w,fabric
1 HA • • *medley-Pr Cat 2
15 • • *medley blueberry
Tag: WORKSTATIONS
107 8 E1420.1636F 210.00 1,680.00 54.45 435.60 74.07 *Face Tile,16" h,36"w,fabric
1 HA • • *medley-Pr Cat 2
15 • • *medley blueberry
Tag: WORKSTATIONS
108 6 E1420.1630F 191.00 1,146.00 49.53 297.18 74.07 *Face Tile,16" h,30"w,fabric
1 HA • • *medley-Pr Cat 2
15 • • *medley blueberry
Tag: WORKSTATIONS
109 13 E1420.1624F 183.00 2,379.00 47.45 616.85 74.07 % *Face Tile,16" h,24"w,fabric
1 HA • • *medley-Pr Cat 2
15 • • *medley blueberry
Tag: WORKSTATIONS
110 5 (1) PER DU15S.D 176.00 880.00 56.50 282.50 67.90 % TABLE @Ht-Adj Vert Cable Manager,worksurface att,electric ext range BK • Finish • +black
Tag: WORKSTATIONS
111 2 WS70 E1210.70 370.00 740.00 95.94 191.88 74.07 % +Wall Start,70" h
SG • Surface Finish • +slate grey
Tag: WORKSTATIONS
Account Executive: Victoria Robbertze Project Designer Bobbi Yount Page: 16 Job Captain Marcie Olson Page 160 of 520
CITY OF UPLAND POLICE DEPARTN 8/26/2025
CITY UPLAND JACOB K 2FL BUILD I 12:22:34 PM
Quote# 240313
Department: WORKSTATIONS
PO#
Sales Order# Discount%
List Price Sell Price
Item Qty Contract Product Unit Extended Unit Extended
HERMANMILLER
112 2 ETHO - E1212.70 266.00 532.00 68.97 137.94 74.07 FIBERBOARD +Wall Start Filler
FILLER B/W
WALL AND
WALL
START, CAN
BE PAINT
MATCHED IN
THE FIELD.
• •Tag: WORKSTATIONS
113 2 B E1311.B 370.00 740.00 95.94 191.88 74.07 % +Receptacle,4 Circuit, 15 Amp,duplex, circ b 6/Pkg
SG • Surface Finish • +slate grey
Tag: WORKSTATIONS
114 2 B E1311.A 370.00 740.00 95.94 191.88 74.07 % +Receptacle,4 Circuit, 15 Amp,duplex, circ a 6/Pkg
SG • Surface Finish • +slate grey
Tag: WORKSTATIONS
115 6 FE/705 E1250.705 166.00 996.00 43.04 258.24 74.07 % +Fin End,70" h,std
SG • Surface Finish • +slate grey
Tag: WORKSTATIONS
116 4 232092-237 .00 .00 .00 .00 cyo Lock Plug&Keys
• •Tag: WORKSTATIONS
117 4 232092-236 .00 .00 .00 .00 Lock Plug&Keys
• •Tag: WORKSTATIONS
118 4 232092-235 .00 .00 .00 .00 Lock Plug&Keys
• •Tag: WORKSTATIONS
119 4 232092-234 .00 .00 .00 .00 cyo Lock Plug&Keys
• •Tag: WORKSTATIONS
Account Executive: Victoria Robbertze Project Designer Bobbi Yount Page: 17 Job Captain Marcie Olson Page 161 of 520
CITY OF UPLAND POLICE DEPARTN 8/26/2025
CITY UPLAND JACOB K 2FL BUILD 1 12:22:34 PM
Quote# 240313
Department: WORKSTATIONS
PO#
Sales Order# Discount%
List Price Sell Price
Item Qty Contract Product Unit Extended Unit Extended
HERMANMILLER
120 4 232092-233 .00 .00 .00 .00 cyo Lock Plug&Keys
• •Tag: WORKSTATIONS
121 3 (2) PER G1190.01 82.00 246.00 21.26 63.78 74.07 % FRAME (TO @Carpet Grippers 25/Pkg
GO UNDER
THE GLIDE)
• •Tag: WORKSTATIONS
122 5 TL/TW G6160.BB 733.00 3,665.00 190.07 950.35 74.07 % +Twist LED Task Light,starter unit,bracket att
• •Tag: WORKSTATIONS
123 5 TL/TW G6160.CB 528.00 2,640.00 136.91 684.55 74.07 +Twist LED Task Light,add-on unit,bracket att
• •Tag: WORKSTATIONS
124 1 06E E1322.06E 327.00 327.00 84.79 84.79 74.07 % +Pwr Entry, External Direct Connect,4 Circ,6'I
• •Tag: WORKSTATIONS
125 1 CE E1356.CE 391.00 391.00 101.39 101.39 74.07 % +Pass-Through Harness, Con,3-way 90I,1/2 connector 5/Pkg • •Tag: WORKSTATIONS
126 18 E1120.70 66.00 1,188.00 17.11 307.98 74.07 +Draw Rod,70" h
• •Tag: WORKSTATIONS
127 5 G1331. 35.00 175.00 9.08 45.40 74.07 % +Cord Cleat 2/Pkg
• •Tag: WORKSTATIONS
ULINE
128 1 LARGE H-1447 53.00 53.00 .00 .00 PROJECT KEY BOX-30 KEYS 8 X 3 X 12"
(OVER 10
STATIONS)
• •Tag: WORKSTATIONS
Account Executive: Victoria Robbertze Project Designer Bobbi Yount Page: 18 Job Captain Marcie Olson Page 162 of 520
CITY OF UPLAND POLICE DEPARTN 8/26/2025
M. ,G M ) CITY UPLAND JACOB K 2FL BUILD 1 12:22:34 PM AQuote# 240313
c Department: WORKSTATIONS
PO#
Sales Order# Discount%
List Price Sell Price
Item Qty Contract Product Unit Extended Unit Extended Product Subtotal: $100,846.52
Account Executive: Victoria Robbertze Project Designer Bobbi Yount Page: 19 Job Captain Marcie Olson Page 163 of 520
of °pt
6.1 CITY OF UPLAND
•
BUDGET AMENDMENT
9t7F00
Date: 9/8/2025 Fiscal Year: FY25-26
Requested by: Charles Kwon Amount: $ 20,000.00 Dept/Div: Finance Description: 9/8/2025 Council Meeting New Cubicles at Police Dept
EXPENDITURES
Proposed
Account Number Dept/Account Description Adopted Budget Current Budget Amendment Amended Budget 4197500-5540-16135 Police DIF/Cap Proj - - 20,000.00 20,000.00 Total - - 20,000.00 20,000.00
REVENUES
Proposed
Account Number Account Description Adopted Budget Current Budget Amendment Amended Budget Total - -Fiscal Impact 20,000.00
REASON/JUSTIFICATION (Please be specific)
❑ Reallocation of maintenance&operations to cover actual expense/encumbrances ❑ Estimated revenue adjustment for donations/other sources of revenue ❑ Appropriation line item adjustment to match funds received by grant, donations of other sources (deposit) ❑ Emergency purpose:
Description of Expense:
El Other- Explain:
NEW CUBICLES AT POLICE DEPARTMENT(INTERNET CABLING AND CONTINGENCIES) This request is directly related to:
❑ Purchase Requisition No. Vendor:
El Council Meeting action: 9/8/2025 (Attach copy of minutes) Increase Purchase Order# OR Requisition #
APPROVALS
Dept Head Approval: Date:
Finance Officer: Date:
Funds Available? ❑Yes ❑No
o Approved 0 Denied
City Manager*: Date:
*Not required if approved by City Council
Comment:
Finance Division Only:
BA#: 0326B013 Help Ticket#: N/A
Journal #: Initial/Date:
Revised:3/2024 Page 1 64/ 252Q2 AM
THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Contact42
�i'�- 3
SAN BERNARDINO
COUNTY SAP Number
Purchasing Department
Department Contract Representative Cody Leslie
Telephone Number 909-387-2065
Contractor GIM Business Interiors
Contractor Representative Stephen L Easley
Telephone Number 800 686-6583
Contract Term December 13, 2022 — December
12, 2027
Original Contract Amount
Amendment Amount
Total Contract Amount
Cost Center
IT IS HEREBY AGREED AS FOLLOWS:
WHEREAS, San Bernardino County (County) desires to designate a contractor to provide and install system freestanding furniture, filing systems and seating to all County departments; and WHEREAS, the County conducted a competitive process to find GIM Business Interiors (Contractor) to provide these services, and
WHEREAS, the County finds Contractor has been determined to have the necessary skills to provide these services; and
WHEREAS, the County desires that such services be provided by Contractor and Contractor agrees to perform these services as set forth below;
NOW, THEREFORE, the County and Contractor mutually agree to the following terms and conditions:
A. DEFINITIONS
A.1 Base of Design: A specific range of manufacturer's product, design, color, and style that is approved by the County.
A.2 Board: The San Bernardino County Board of Supervisors.
Standard Contract Page 1 of 34
ATTACHMENT B
Pricing/ Discounts
Standard Delivery Time 25 DAYS
Additional Fees (Warehouse Storage(long term$0.29 per cu ft per month) Labor,Standard Charges $47 PER HOUR
Labor, Extenuating Charges
Before/After $57JPER HOUR
Weekend $57 PER HOUR
Reconfiguration Charges $47 PER HOUR
Design Services $55 PER HOUR
Space Planning $65 PER HOUR
Special Project Management $65 PER HOUR
For all sales over $5,000,000 that GIM will offer a 1% discount on all purchases and services as a loyalty payment to COSB. This 1% percent well be calculated and paid annually by GIM to the County.
Systems Furniture
Series Discount off of List Quick Ship off List Herman Miller Accessories (8) 74.07% 74.07%
Herman Miller Action Office 1+2 (B/J) 74.07% 74.07% Herman Miller C-Style Overhead (CS) 71.60% 71.60% Herman Miller Canvas Wall (FT) 74.07% 74.07%
Herman Miller Commend (HQ) 61.11% 61.11%
Herman Miller Compass (TW) 51.85% 51.85%
Herman Miller CoStruc(S) 51.85% 51.85%
Herman Miller Energy Distribution (C) 74.07% 74.07% Herman Miller Ergo Computer Furniture(TE) 41.36% 41.36% Herman Miller Ethospace (U) 74.07% 74.07%
Herman Miller Exclave(EX) 50.00% 50.00%
Herman Miller Formwork(CY) 49.38% 49.38%
Herman Miller Generic(R) 71.60% 71.60%
Herman Miller Healthcare Action Lab (D) 51.85% 51.85% Herman Miller Healthcare Casework(CG) 45.00% 45.00% Herman Miller Intent Solutions (CF) 50.62% 50.62% Herman Miller Layout Studio (LS) 47.22% 47.22% Herman Miller Lighting(A) 74.07% 74.07%
Revised 04/27/2022 Page 26 of 34
Herman Miller Live Platform (OS) 50.00% 50.00% Herman Miller Mora (CH) 51.85% 51.85%
Herman Miller Motia (AH) 66.67% 66.67%
Herman Miller Nevi (ID) 66.67% 66.67%
Herman Miller Nevi Link(IL) 66.67% 66.67%
Herman Miller 0E1 Boundary(JC) 62.04% 62.04% Herman Miller Overlay(MN) 52.16% 52.16%
Herman Miller Prospect (CB) 52.16% 52.16%
Herman Miller Public(BV) 49.38% 49.38%
Herman Miller Renew (IE) 67.90% 67.90%
Herman Miller Renew Link(IB) 67.90% 67.90%
Herman Miller Resolve (RS) 61.73% 61.73%
Herman Miller Thrive Portfolio(ZZ) 55.56% 55.56% Herman Miller Thrive Portfolio(Z2) 58.02% 58.02% Herman Miller Thrive Global (Z3) 58.02% 58.02% Connectrac 17.10% 17.10%
Knoll Antennae,AutoStrada, COT,Currents,
Dividends, Reff, KBench 74.07% 74.07%
Knoll Rockwell Unscripted 56.17% 56.17%
Knoll Template 74.07% 74.07%
BRC 54.49% 54.49%
DIRTT Movable Walls Quote Quote
DIRTT Modular Millwork Quote Quote
DIRTT Modular Raised Floor Quote Quote
DIRTT Timber Interior Structures Quote Quote
Environamics Quote Quote
F ra m e ry Quote Quote
Frasch 53.70% 53.70%
GMBI Elevate Catalog 67.30% 67.30%
GMBI Millwork Custom Quote Quote
KI 47.70% 47.70%
Lencore Quote Quote
LoftWall 51.70% 51.70%
MergeWorks 44.10% 44.10%
Neocase 36.10% 36.10%
Starin Quote Quote
TakeForm 17.10% 17.10%
Tate Quote Quote
Three H 42.10% 42.10%
Library, Lobby and other Furniture
Series Discount off of List Quick Ship off List Herman Miller Canvas Systems (FT) 74.07% 74.07% Herman Miller Collection (ER) 40.74% 40.74%
Herman Miller Commend (HQ) 61.11% 61.11%
Herman Miller Chadwick(V) 40.74% 40.74%
Revised 04/27/2022 Page 27 of 34
Herman Miller Eames Tables (F) 67.90% 67.90%
Herman Miller Eames Tandem (L) 40.43% 40.43% Herman Miller Geiger Desk 40.00% 40.00%
Herman Miller Goetz(GS) 40.43% 40.43%
Herman Miller Layout Studio(LS) 47.22% 47.22% Herman Miller Nelson Tables Pedestal Style (NC) 40.74% 40.74% Herman Miller Nelson Tables(NX) 40.74% 40.74% Herman Miller Objects(AB) 40.74% 40.74%
Herman Miller Plex(XX) 40.43% 40.43%
Herman Miller Public(BV) 49.38% 49.38%
Herman Miller Swoop(OA) 43.21% 43.21%
Herman Miller Whisk(HX) 47.78% 47.78%
Knoll Islands 56.17% 56.17%
Knoll K.Base 74.07% 74.07%
Knoll K.Stand 74.07% 74.07%
KnollExtra 58.64% 58.64%
KnollStudio 51.23% 51.23%
Knoll Muuto 25.31% 25.31%
Knoll Pixel Tables 56.42% 56.42%
Knoll Propeller 54.32% 54.32%
Knoll Tone 74.07% 74.07%
Knoll K.Screen 74.07% 74.07%
Agati 30.89% 30.89%
Apco Signage Quote Quote
Appenx Signage 50.31% 50.31%
Art Design Quote Quote
Aurora 30.89% 30.89%
BuzziSpace 39.00% 39.00%
BRC 54.49% 54.49%
Frasch 53.70% 53.70%
Games for Fun Quote Quote
Great American Art Quote Quote
Gressco Quote Quote
H Contract 37.10% 37.10%
Humanscale Ergonomics 61.00% 61.00%
Humanscale Desk Accessories 51.00% 51.00%
Humanscale Lighting 53.00% 53.00%
Ideas at Work 55.55% 55.55%
Koncept Lighting 49.70% 49.70%
Lawrence Metal 18.47% 18.47%
LightCorp 50.31% 50.31%
Martin Brattrud 37.10% 37.10%
Mayline(now Safco) 41.70% 41.70%
Peter Pepper 42.60% 42.60%
Right Angle Products 47.30% 47.30%
Safco 41.70% 41.70%
Revised 04/27/2022 Page 28 of 34
Smart Desk 38.70% _ 38.70%
SmartSpace 45.30% 45.30%
Takeform Signage 17.10% 17.10%
ThreeH 42.10% 42.10%
Workrite 49.90% 49.90%
Freestanding/Case Goods Furniture
Series Discount off of List Quick Ship off List Herman Miller AGL Group(DF) 40.74% 40.74%
Herman Miller Canvas Private Office (FV) 74.07% 74.07% Herman Miller Collection (ER) 40.74% 40.74%
Herman Miller Eames Tables (ET) 52.16% 52.16%
Herman Miller Everywhere Tables (IV) 67.28% 67.28% Herman Miller Exclave(EX) 50.00% 50.00%
Herman Miller Geiger 40.00% 40.00%
Herman Miller Headway Tables (IM) 67.90% 67.90% Herman Miller Eames Tables (F) 67.90% 67.90%
Hon Systems/Pedestals 60.55% 60.55%
Herman Miller Nelson (NX) 40.74% 40.74%
Herman Miller Nelson (NC) 40.74% 40.74%
Herman Miller 0E1 Tables and Benching(JF) 64.20% 64.20% Herman Miller Public(BV) 49.38% 49.38%
Herman Miller TU Wood Storage Cases (UW) 66.67% 66.67% Herman MillerTU Wood Credenzas(UJ) 66.67% 66.67%
Herman MillerTU Wood Towers (UI) 67.90% 67.90% Herman MillerTU Wood Cubbies (UH) 66.67% 66.67%
Herman MillerTU Wood Pedestals(UF) 66.67% 66.67%
Knoll Antennae, AutoStrada, COT, Currents, 74.07% 74.07% Dividends, Reff, KBench
Knoll Template 74.07% 74.07%
Knoll K.Screen 74.07% 74.07%
Arcadia 53.20% 53.20%
Bernhardt 36.10% 36.10%
BRC 54.49% 54.49%
Carolina 50.31% 50.31%
Cherryman Amber Series 40.89% 40.89%
Cherryman Jade Series 40.89% 40.89%
Cherryman Verde Series 61.16% 61.16%
Claridge 52.70% 52.70%
Clarus 47.70% 47.70%
Creative Wood 54.74% 54.74%
Dedon Quote Quote
Deskmakers 61.10% 61.10%
Egan Visual 44.10% 44.10%
Enwork 62.70% 62.70%
Revised 04/27/2022 Page 29 of 34
ERG 45.00% 45.00%
ESI 59.10% 59.10%
Falcon 37.10% 37.10%
Frasch Acoustic 53.70% 53.70%
Fulbright 49.20% 49.20%
Geiger Desks,Tables (HMI) 40.00% 40.00%
Geiger Axon Tables, Domino Storage(HMI) 20.00% 20.00% Ghent 46.20% 46.20%
Global 45.50% 45.50%
Halcon 32.75% 32.75%
HAY(HMI) 46.91% 46.91%
HBF 37.10% 37.10%
Hightower 37.50% 37.50%
HON Casegoods/Tables 56.52% 56.52%
ln2Design 43.31% 43.31%
Janus et Cie 40.30% 40.30%
Jasper Group 42.10% 42.10%
Kannoa Quote Quote
KI Krueger Intl 47.70% 47.70%
Krug 52.10% 52.10%
Maverick 53.70% 53.70%
Mayline/SAFCO 41.70% 41.70%
Moduform 36.70% 36.70%
National 60.00% 60.00%
Nevins 47.10% 47.10%
Nevers 46.10% 46.10%
Nienkamper 44.10% 44.10%
Nook Quote Quote
Nucraft 46.89% 46.89%
OFS 60.10% 60.10%
Prismatique 39.10% 39.10%
Quartet(Mayline) 41.70% 41.70%
Safco 41.70% 41.70%
SurfaceWorks 49.10% 49.10%
ThreeH 42.10% 42.10%
Tropitone Quote Quote
Tuuci 38.10% 38.10%
Tuohy 34.70% 34.70%
Versteel 48.10% 48.10%
Watson 54.10% 54.10%
WCI 45.10% 45.10%
Workrite 49.90% 49.90%
Filing/Filing Systems Furniture
Revised 04/27/2022 Page 30 of 34
Discount off of
Series List Quick Ship off List
Herman Miller Canvas Metal Storage (FM) 74.07% 74.07% Herman Miller Canvas Wood Storage(FF) 74.07% 74.07% Herman Miller Healthcare Carts (SA) 14.81% 14.81% Herman Miller Locale Storage(BR) 49.00% 49.00% Herman Miller Meridian Lateral Files (MF) 58.22% 58.22% Herman Miller Meridian Vertical Files (MV) 58.22% 58.22% Herman Miller Meridian Pedestals (MP) 54.32% 54.32% Herman Miller Meridian Storage Cases(MS) 54.32% 54.32% Herman Miller Meridian Storage Towers (MG) 54.32% 54.32% Herman Miller 0E1 Storage (JE) 62.04% 62.04% Herman Miller Quadrant B-F Lateral Files(2) 40.12% 40.12% Herman Miller Quadrant B-F Lateral Peds (BP) 49.38% 49.38% Herman MillerTU Steel Pedestals (UP) 70.37% 70.37% Herman MillerTU Steel Laterals (UL) 67.90% 67.90% Herman Miller TU Steel Towers (UT) 67.90% 67.90%
Herman MillerTU Steel Storage Case (US) 71.60% 71.60% Knoll Anchor 74.07% 74.07%
Knoll Calibre Collection 62.96% 62.96%
Knoll Quoin 74.07% 74.07%
Aurora 30.89% 30.89%
BRC 54.49% 54.49%
Fire-King 44.10% 44.10%
Haskell 37.10% 37.10%
Hon Laterals/Verticals 56.52% 56.52%
Korden 46.89% 46.89%
Kwik-File 43.31% 43.31%
Lyon 12.25% 12.25%
Magnuson 30.89% 30.89%
Marathon Quote Quote
McMurray Stern Quote Quote
Safco 41.70% 41.70%
Richards-Wilcox 43.40% 43.40%
SpaceStor 45.10% 45.10%
SpaceSaver Quote Quote
Western Pacific 40.10% 40.10%
Seating Furniture
Discount off of
Series List Quick Ship off List
Herman Miller Aeron (EC) 52.16% 52.16%
Herman Miller Aside (PD) 51.85% 51.85%
Herman Miller Caper(WC) 51.85% 51.85%
Herman Miller Cella (TR) 50.00% 50.00%
Revised 04/27/2022 Page 31 of 34
Herman Miller Chadwick(V) 40.74% 40.74%
Herman Miller Classical(E) 41.98% 41.98% Herman Miller ColourForm (CU) 40.74% 40.74% Herman Miller Collection (ER) 40.74% 40.74% Herman Miller Cosm (FC) 51.85% 51.85%
Herman Miller Eames Aluminum (H) 40.74% 40.74% Herman Miller Eames Plywood(VT) 44.44% 44.44% Herman Miller Eames Tandem (L) 40.43% 40.43% Herman Miller Embody(CN) 50.00% 50.00%
Herman Miller Hay(2C) 46.91% 46.91%
Herman Miller Keyn (TV) 46.30% 46.30%
Herman Miller Limerick(PO) 50.62% 50.62%
Herman Miller Lino(MI) 50.62% 50.62%
Herman Miller Magis(CW) 51.85% 51.85%
Herman Miller Mirra2 (LF) 51.85% 51.85% Herman Miller Plex(XX) 40.43% 40.43%
Herman Miller Portrait(AW) 40.74% 40.74%
Herman Miller Pronta (JO) 50.62% 50.62%
Herman Miller Sayl(AV) 51.85% 51.85%
Herman Miller Setu (RY) 50.00% 50.00%
Herman Miller Striad (SD) 40.74% 40.74% Herman Miller Swoop(OA) 43.21% 43.21%
Herman Miller Valor(CR) 47.78% 47.78%
Herman Miller Verus (PI) 51.85% 51.85% Herman Miller Whisk(HX) 47.78% 47.78%
Knoll Chadwick,Generation, Life, ReGen, Remix,
Toboggan 59.26% 59.26%
Knoll K. Lounge 56.17% 56.17%
Knoll K.Task 56.42% 56.42%
KnollExtra 58.64% 58.64%
KnollStudio 51.23% 51.23%
Knoll Muuto 25.31% 25.31%
Knoll 011o MultiGen Moment 56.42% 56.42%
9 to 5 58.10% 58.10%
Aceray 37.10% 37.10%
Allermuir 39.89% 39.89%
Allseating 57.20% 57.20%
American Seating 44.10% 44.10%
Arconas 54.70% 54.70%
CabDeco 29.89% 29.89%
Cabot Wrenn 36.10% 36.10%
Campbell Contract 37.10% 37.10%
Cape Contract 44.10% 44.10%
Carolina 50.31% 50.31%
Cherryman 44.31% 44.31%
Gressco Quote Quote
Revised 04/27/2022 Page 32 of 34
Coalesse 44.30% 44.30%
Cramer 44.10% 44.10%
Cumberland 37.10% 37.10%
Dauphin 44.10% 44.10%
David Edward 37.10% 37.10%
Davis 44.10% 44.10%
ECD 57.10% 57.10%
Encore 57.70% 57.70%
ERG 45.00% 45.00%
Faustino's 50.31% 50.31%
Forms&Surfaces Quote Quote
H Contract 37.10% 37.10%
HAY(HMI) 46.91% 46.91%
Highmark(OFS) 60.10% 60.10%
HON 56.52% 56.52%
Humanscale 44.00% 44.00%
Keilhauer 44.10% 44.10%
KI Krueger Intl 47.70% 47.70%
Kusch Co 37.10% 37.10%
Landscape Forms Quote Quote
LA-Z-Boy 42.10% 42.10%
Leland 37.90% 37.90%
Malik 37.10% 37.10%
Martin Brattrud 37.10% 37.10%
Memo 44.10% 44.10%
NaughtOne 44.10% 44.10%
Nemschoff(HMI) 40.45% 40.45%
Norix 36.10% 36.10%
OCI-Sitwell 54.28% 54.28%
Office Master 45.70% 45.70%
RFM 53.10% 53.10%
Safco 41.70% 41.70%
Sandler 38.70% 38.70%
Sauder Woodworking 38.20% 38.20%
Segis 42.10% 42.10%
Sitmatic 51.30% 51.30%
Sit on It 60.10% 60.10%
Source 52.10% 52.10%
Spec Furniture 41.10% 41.10%
Stylex 43.10% 43.10%
Venue 53.90% 53.90%
Via 55.10% 55.10%
Virco 54.20% 54.20%
Vitra 36.99% 36.99%
WCI (West Coast Industries) 45.10% 45.10%
Westin Nielsen 37.10% 37.10%
Revised 04/27/2022 Page 33 of 34
Wieland 43.10% 43.10%
Zoom 49.46% 49.46%
Revised 04/27/2022 Page 34 of 34
����°� °p`q� CITY
�r. .__� ... ]��/�: J/L//1 y �/'� "The City of Gracious Living" ''' 5
oid
DATE: September 8,2025
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:ROBERT D.DALQUEST,DEVELOPMENT SERVICES DIRECTOR
MELECIO PICAZO,ECONOMIC DEVELOPMENT COORDINATOR
SUBJECT: CONSIDER APPROVAL OF A CONTRACT AGREEMENT WITH LOVE AIRE HEATING AND COOLING FOR THE SANTA FE DEPOT HVAC UPDATE PROJECT;AND DETERMINE
THE PROJECT IS CATEGORICALLY EXEMPT FROM CEQA
RECOMMENDED ACTION:
It is recommended that the City Council: 1) approve the Contract Agreement with Love Aire Heating and Cooling, Inc.,in the amount of$96,465, for the Santa Fe Depot HVAC Update Project;2)approve a 10%contingency in the amount of$9,646, for a total contract amount of$106,111; 3) authorize the City Manager to execute the Contract Agreement;and 4)authorize a supplemental appropriation from the General Fund in the amount of$6,111.
GOAL STATEMENT
The proposed action supports the City's goal to continue to maintain and improve the City's facilities.
BACKGROUND
On March 8, 1993,the City of Upland and San Bernardino County Association of Governments,which is now known as San Bernardino County Transportation Authority (SBCTA), entered into a Station Cooperative Agreement as tenants in common for the Santa Fe Depot buildings and parking lots (non-operating property). The Station Cooperative Agreement between the City and the SBCTA provides the City with the authority to administer all leases for use of the non-operating property and enter into agreements for improvements for the Santa Fe Depot on behalf of both parties,provided the Station's parking is maintained at 227 parking spaces.
In 2005,the City and the SBCTA renovated the building and installed a new heating,ventilation and air conditioning (HVAC)system as part of the Fiscal Year 2005-06 Capital Improvement Program. The rehabilitation of the Santa Fe Depot building created two(2)tenant spaces comprising the current Pacific Wine Merchant's tenant space(210 E.A Street),which is 2,450 square feet in size.The other tenant space will soon be occupied by 42 Street Bagel(220 E.A Street),which is 1,250 square feet in size.
ISSUES AND ANALYSIS
The HVAC system at the Santa Fe Depot is now 19 years old. The average life expectancy of the current HVAC equipment is approximately 20 years. Because of the aging HVAC system, the tenants have had to continually maintain and repair the equipment. One of the tenants' HVAC maintenance technicians confirmed that the system was not working properly, leaks refrigerant,and recommended replacement. In addition,the Public Works Facilities Maintenance Division inspected the HVAC system at the Santa Fe Depot and concluded that the equipment needs immediate replacement.
Per Purchasing Policy No. 214, Section 11.7 Bid Process Exceptions and Documentation—Authority to Waive Any Step of Section Process,the City Manager determined that it was in the best interest of the City to waive formal bid requirements and procure three (3) quotes to replace the HVAC system. Per the terms of the Lease Agreement,the City is required to pay for the HVAC replacement and given the current heat wave,time is of essence to purchase the necessary equipment due to a long lead time.
City staff contacted Commercial HVAC vendors for proposals to replace the existing system, to include prevailing wage.The City received the following three(3)proposals:
Contractor Proposal Amount
Love Aire Heating and Cooling,Inc. $96,465
Burgeson's $107,985
Klaus&Sons $122,400
The HVAC upgrade project consists of removing four(4)existing HVAC systems,and installing similar three,3-ton and one, 5-ton air handlers in the attic and installing three, 3-ton and one, 5-ton heat pump condenser units in the existing caged area located outside of the building. Attached as Exhibit A is the contract for the scope of work.
Staff reviewed the proposals and recommends Love Aire Heating and Cooling, Inc., in the amount of$96,465. If approved by the City Council,the work is anticipated to be completed by mid-December 2025.The equipment delivery is approximately 8-10 weeks after the notice to proceed. Once the equipment is onsite, the team will complete the installation within 10-12 working days.
Love Aire Heating and Cooling, Inc., is a veteran-owned, family operated HVAC company, serving Southern California, with full compliance under the Department of Industrial Relations and prevailing wage requirements. In 2024, Love Aire Heating and Cooling completed HVAC upgrade projects at City facilities to include server room mini-split installation at the Gibson Senior Center and a server room mini-split installation at the Landecena Building.
ENVIRONMENTAL DETERMINATION
The project is determined to be Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities)of the CEQA Guidelines.The project consists of replacing the existing equipment within the existing facility and involving no expansion of use.
FISCAL IMPACTS
The project cost is estimated at$96,465,plus a 10%contingency in the amount of$9,646 for a total project cost of $106,111. Following approval of the supplemental appropriation, there will be available funds in the Capital Improvement Project Account No.4257500-5540-82361.
ALTERNATIVES
Provide alternative direction to staff.
CEQA:Determine to be categorically exempt from further environmental review pursuant to Section 15301 (Existing Facilities)of the CEQA Guidelines.
CITY OF UPLAND
CONSTRUCTION CONTRACT
SANTA FE DEPOT - HVAC UPDATE PROJECT
1. PARTIES AND DATE.
This Contract is made and entered into this 8th day of September, 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 Love Aire Heating and Cooling, Inc., a California S-Corporation, with its principal place of business at 7252 Archibald Avenue, Rancho Cucamonga, CA, 91701 ("Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Contract.
2. RECITALS.
2.1 City. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.
2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing Santa Fe Depot - HVAC Update Project and related construction 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 it is familiar with the plans of City. The following license classifications are required for this Project: Class B or C-4, C-20.
2.3 Project. City desires to engage Contractor to render such services for the Santa Fe Depot - HVAC Update Project ("Project") as set forth in this Contract.
2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, Performance and Payment Bonds as required by the Contract.
3. TERMS
3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
• Scope of Work
• Bonds
• Labor Code — Section 1861
• D.I.R. Registration Certificate
• Fleet Compliance Certificate
• Levine Act Disclosure
3.1.1 Precedence. To the extent there is a conflict between any portions of this Contract, the order of precedence shall be as follows: change orders, special conditions, technical specifications, plans/construction drawings, general contract terms, scope of work, standard plans, advertisements for bid/proposals, bids/proposals or other documents submitted by Contractor.
3.2 Contractor's Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the "Work"), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit"A" attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit "B" attached hereto and incorporated herein by this reference.
3.2.1 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in advance and in writing by a valid change order executed by the City.
3.2.1.1 Change Orders. Changes to the Contract Time (as defined in Section 3.3) or Total Contract Price shall be in the form of a written Change Order, either signed by both parties or issued unilaterally by the City. No adjustment shall be made to the Contract Time unless the delay impacts the critical path to completion and the delay was not caused in whole or in part by the Contractor. Failure to timely request a Change Order shall constitute a waiver of any right to adjust the Contract Time or the Total Contract Price. All requests for Change Orders shall be accompanied by detailed supporting documentation, including but not limited to payroll records, invoices, schedules, and any other documentation requested by the City for the purpose of determining the additional costs or the impact of any delay. If the change involves Work bid at a unit price, then the Total Contract Price shall be increased at the unit price. If there is no unit price, then the Total Contract Price shall be adjusted to account for costs actually incurred plus an allowed mark-up of ten percent (10%), which shall constitute the entire amount of profit, mark-ups, field or home office overhead costs, including personnel, equipment or office space, any materials, or any costs of equipment idle time for such work. Regardless of ownership, equipment rates shall not exceed the listed prevailing rates at local equipment rental agencies, or distributors, at the time the work is performed. Nothing herein shall prevent the Parties from agreeing to a lump sum cost.
(A) Changes Ordered By City. City may at any time issue a written directive ordering additions, deletions, or changes to the Work. Contractor shall proceed with the work in accordance with the directive. To the extent the directive results in extra work or requires additional Contract Time, Contractor shall request a Change Order within seven (7)days of receiving the Work Directive. If any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined. (B) Changes Requested By Contractor. With respect to any matter that may involve or require an adjustment to the Contract Time or the Contract Price, Contractor shall provide written notice of the underlying facts and circumstances that gave rise to the potential change within seven (7) days or prior to the alteration of conditions, whichever is earlier. Failure to give notice shall constitute a waiver of Contractor's right to a change order. If any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined.
2
3.2.2 Substitutions/"Or Equal". Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words "or equal."
Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any"or equal" material, process or article no later than thirty-five (35)days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35)days after award of Contract. Provisions regarding submission of"or equal" requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed "or equal" substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article. The burden of proof as to the equality of any material, process or article shall rest with Contractor.
The City has the complete and sole discretion to determine if a material, process or article is an "or equal" material, process or article that may be substituted. Data required to substantiate requests for substitutions of an "or equal" material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted "or equal" material, process or article is equivalent to that specified in every way except as listed on the affidavit.
Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted "or equal" material, process or article, and substantiates that it is an "or equal" to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted "or equal" material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.
Contractor shall bear all of the City's costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted "or equal" material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.
3.3 Period of Performance and Liquidated Damages.
3.3.1 Contractor shall perform and complete all Work under this Contract by December 22, 2025, beginning the effective date of the Notice to Proceed ("Contract Time").
Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibit "A" attached hereto, or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of Two-hundred fifty dollars ($250) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract provided such delays are solely attributable to Contractor. Liquidated damages shall not exceed ten percent (10%) of the Total Contract Price in the aggregate. Delays caused by force majeure, unforeseen site conditions, changes directed by the City, permit delays, 3
or acts/omissions of the City or other contractors shall entitle Contractor to an equitable extension of time without assessment of liquidated damages..
3.3.2 If Contractor is delayed in the performance or progress of the Work by a Force Majeure Event (as defined herein), then the Contractor shall be entitled to a time extension, as provided herein, when the Work stopped is on the critical path and shall not be charged liquidated damages. Such a non-compensable adjustment shall be Contractor's sole and exclusive remedy for such delays and the Contractor will not receive an adjustment to the Total Contract Price or any other compensation. Contractor must submit a timely request in accordance with the requirements of the Contract.
3.3.3 A Force Majeure Event shall mean an event that materially affects a party's performance and is one or more of the following: (1)Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Contractor and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, "orders of governmental authorities," includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.
Equipment Availability and Regulatory Phase-Outs. The Parties acknowledge that the specified HVAC equipment for this Project is both rare in current market conditions and subject to the federal phase-out of R-410A refrigerant systems beginning January 1, 2026. If the specified R-410A equipment cannot be reasonably procured in a timely manner due to market shortages, regulatory restrictions, or manufacturer discontinuation, Contractor shall promptly notify the City in writing. In such an event, Contractor shall not be held responsible for delay or liquidated damages, provided Contractor demonstrates commercially reasonable efforts to source the specified equipment. The Parties agree to negotiate in good faith an appropriate Change Order to substitute equivalent available equipment. Specifically, if R-410A equipment cannot be obtained, Contractor shall install R-454B equipment, which is the new federal refrigerant standard, and such installation shall be deemed to satisfy the Project requirements without penalty or delay.
3.4 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and 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 Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work 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 Work, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor's failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.
3.5 Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any 4
additional personnel performing the work governed by this Contract on behalf of Contractor 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 under this Contract 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, and workers' compensation insurance
3.5.1 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.
3.6 City's Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the below- referenced compensation in accordance with compensation provisions set forth in the Contract.
3.7 Compensation and Payment.
3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of Ninety Six Thousand Four Hundred Sixty Five Dollars ($96,465.00) ("Total Contract Price") provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City. The City Manager may approve Additional Work up to ten percent (10%) of the amount of the Agreement. In no event shall the total sum of the agreement (Total Contract Price and Additional Work) exceed the Total Contract Price plus such authorized additional amount. Any additional work in excess of this amount shall be approved by the City Council.
3.7.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein.
On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and 5
form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.
3.7.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.
3.7.4 Contract Retentions. From each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.
3.7.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of:
(1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor's obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3)defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums.
3.7.6 Substitutions for Contract Retentions. Pursuant to California Public Contract Code section 22300, Contractor may substitute securities for any money withheld by the City to ensure the performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, with the State or a federally chartered bank as the escrow agent, who shall return such securities to Contractor upon satisfactory completion of the Contract. Deposit of securities with an escrow agent shall be subject to a written agreement between the escrow agent and the City, which provides that no portion of the securities shall be paid to Contractor until the City has certified to the escrow agent, in writing, that the Contract has been satisfactorily completed. The City shall certify that the Contract has been satisfactorily completed within sixty (60) days of work "completion" as defined in Section 7107(c) of the California Public Contract Code. Securities eligible for investment under this section shall be limited to those listed in Section 16430 of the Government Code, bank or savings & loan certificates of deposit, interest-bearing demand deposit accounts, stand-by letters of credit, or any other security mutually agreed to by Contractor.
3.7.7 Payment to Subcontractors. Contractor shall pay all subcontractors for and on account of work performed by such subcontractors in accordance with the terms of their respective subcontracts and as provided for in Section 7108.5 of the California Business and Professions Code. Such payments to subcontractors shall be based on the measurements and estimates made and progress payments provided to Contractor pursuant to this Contract. 6
3.7.8 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall be passed to the City at delivery of the Work at the destination and time specified in this Contract.
Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract and shall not relieve Contractor of responsibility for any loss of or damage to items.
3.7.9 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.
3.8 Labor
3.8.1 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 "public works" and "maintenance" projects. Since the Work is 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 claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.
3.8.2 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.
3.8.3 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day's work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.
3.8.4 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid 7
to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor.
In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records directly to the DIR on a weekly basis and in the format prescribed by the DIR, which may include electronic submission. 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.
3.8.5 Contractor and Subcontractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted, nor any contract entered into without proof of the contractor's and subcontractors' current registration with the Department of Industrial Relations to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit "D" prior to contract execution. 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.
3.8.6 Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor's sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor's performance of Work, 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 subject to any applicable liquidated damages 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.
3.9 Performance of Work; Jobsite Obligations.
3.9.1 Water Quality Management and Compliance.
3.9.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work 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); local ordinances regulating discharges of storm 8
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.
3.9.1.2 Compliance with the Statewide Construction General Permit.
Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board ("Permit"). It shall be Contractor's sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area, or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a "living document" that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor's sole responsibility to update the SWPPP as necessary to address conditions at the project site.
3.9.1.3 Other Water Quality Rules Regulations and Policies. Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.
3.9.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, the Contractor, hereby acknowledges that it has investigated the risk arising from such waters and assumes any and all risks and liabilities arising therefrom.
3.9.1.5 Liability for Non-Compliance. Failure to comply with the Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its directors, officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor's failure to comply with the Permit.
3.9.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor's failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City's attorney's fees) associated with, any settlement reached between the City and the relevant enforcement entity.
3.9.1.7 Training. In addition to the standard of performance requirements set forth in paragraph 3.4, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.9.1. 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 paragraph 3.9.1 as they may relate to the Work provided under this Contract.
Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.
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3.9.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, 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, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.
3.9.3 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, 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 the Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If 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 Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.9.4 Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, a City Business License. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City's applicable business license fee. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.
3.9.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5)feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City's review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.
3.9.6 Hazardous Materials and Differing Conditions.As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II 10
or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate.
In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.
3.9.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3)equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities.
3.9.8 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). Although CARB limits and requirements are broader, Contractor shall specifically be aware of their 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 Contract.
3.9.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.
3.9.10 Inspection Of Site. Contractor has visited sites where Work is to be performed and has become acquainted with all conditions affecting the Work. Contractor warrants that it has made such examinations as it deems necessary to determine the condition of the Work sites, its accessibility to materials, workmen and equipment, and to determine the Contractor's ability to protect existing surface and subsurface improvements. No claim for allowances—time or money—will be allowed as to such matters.
3.9.11 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 before commencing activities.
Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any work or altering the condition.
3.10 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a re-inspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain.
Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.
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3.11 Claims; Government Code Claim Compliance.
3.11.1 Except as otherwise provided in this Contract, if any dispute shall arise between the City and Contractor regarding performance of the Work, or any alleged change in the Work, Contractor shall timely perform the disputed work and shall give written notice of a claim for additional compensation for the work to the City within ten (10) business days after commencement of the disputed work. Contractor's failure to give written notice within the ten (10)- day period constitutes an agreement by Contractor that it will receive no extra compensation for the disputed work and shall constitute a waiver of the right to further pursue the claim under the Contract or at law.
3.11.2 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims.
The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with all applicable law, including but not limited to these statutes.
3.11.3 Claims. For purposes of this Section, "Claim" means a separate demand by the Contractor for:
3.11.3.1 An adjustment to the time for completion including, without limitation, for relief from damages or penalties for delay assessed by the City;
3.11.3.2 Payment by the City of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled; or
3.11.3.3 An amount the payment of which is disputed by the City.
A"Claim" does not include any demand for payment for which the Contractor has failed to provide notice, request a Change Order, or otherwise failed to follow any procedures contained in the Contract Documents.
3.11.4 Filing Claims. Claims governed by this Section may not be filed unless and until the Contractor completes any and all requirements of the Contract Documents pertaining to notices and requests for changes to the Contract Time or Contract Price, and Contractor's request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than thirty (30) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following words in 16 point capital font: "THIS IS A CLAIM." The Claim shall include the all information and documents necessary to substantiate the Claim, including but not limited to those identified below. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by Contract Documents. Failure to follow such contractual requirements shall bar any Claims or subsequent proceedings for compensation or payment thereon.
3.11.5 Supporting Documentation: The Contractor shall submit all claims in the following format:
3.11.5.1 Summary description of Claim including basis of entitlement, merit and amount of time or money requested, with specific reference to the Contract Document provisions pursuant to which the Claim is made.
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3.11.5.2 List of documents relating to claim:
(A) Specifications
(B) Drawings
(C) Clarifications (Requests for Information)
(D) Schedules
(E) Other
3.11.5.3 Chronology of events and correspondence
3.11.5.4 Narrative analysis of claim merit
3.11.5.5 Analysis of Claim cost, including calculations and supporting documents
3.11.5.6 Time impact analysis in CPM format
3.11.6 City's Response. Upon receipt of a Claim pursuant to this Section, the City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the Claim will be processed and made within 60 days after the City issues its written statement.
3.11.6.1 If the City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim, and the City's governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three (3) days following the next duly publicly noticed meeting of the City's governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.
3.11.6.2 Within 30 days of receipt of a Claim, the City may request in writing additional documentation supporting the Claim or relating to defenses or Claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the City and the Contractor. The City's written response to the Claim, as further documented, shall be submitted to the Contractor within 30 days (if the Claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.
3.11.7 Meet and Confer. If the Contractor disputes the City's written response, or the City fails to respond within the time prescribed, the Contractor may notify the City, in writing, either within 15 days of receipt of the City's response or within 15 days of the City's failure to respond within the time prescribed, respectively, and demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute.
3.11.8 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the Claim that remains 13
in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after the City issues its written statement. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The public entity and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing, unless the parties agree to select a mediator at a later time.
3.11.8.1 If the parties cannot agree upon a mediator, each party shall select a mediator, and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.
3.11.8.2 For purposes of this Section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this Section.
3.11.8.3 Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has commenced.
3.11.8.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved Claims shall be considered jointly in a single mediation, unless a new unrelated Claim arises after mediation is completed.
3.11.9 Procedures After Mediation. If following the mediation, the Claim or any portion remains in dispute, the Contractor must file a Claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code prior to initiating litigation. For purposes of those provisions, the running of the period of time within which a Claim must be filed shall be tolled from the time the Contractor submits his or her written Claim pursuant to subdivision (a) until the time the Claim is denied, including any period of time utilized by the meet and confer conference.
3.11.10 Civil Actions. The following procedures are established for all civil actions filed to resolve Claims of$375,000 or less:
3.11.10.1 Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of this Contract. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.
3.11.10.2 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision 14
consistent with the rules pertaining to judicial arbitration. In addition to Chapter 2.5 (commencing with Section 1141.10)of Title 3 of Part 3 of the Code of Civil Procedure, (A)arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney's fees on appeal of the other party.
3.11.11 Government Code Claim Procedures.
3.11.11.1 This Section does not apply to tort claims and nothing in this Section is intended nor shall it be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commending with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.5 of Title 1 of the Government Code.
3.11.11.2 In addition to any and all requirements of the Contract Documents pertaining to notices of and requests for adjustment to the Contract Time, Contract Price, or compensation or payment for additional work, disputed Work, construction claims and/or changed conditions, the Contractor must comply with the claim procedures set forth in Government Code Section 900, et seq. prior to filing any lawsuit against the City.
3.11.11.3 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 adjustment of the Contract Time or Contract Price for additional work, disputed Work, construction claims, and/or changed conditions have been followed by Contractor. If Contractor does not comply with the Government Code claim procedure or the prerequisite contractual requirements, Contractor may not file any action against the City.
3.11.11.4 A Government Code claim must be filed no earlier than the date the Work is completed or the date the Contractor last performs Work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved Claims known to Contractor or that should reasonably by known to Contractor excepting only new unrelated Claims that arise after the Government Code claim is submitted.
3.11.12 Non-Waiver. The City's failure to respond to a Claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the Claim being deemed rejected in its entirety and shall not constitute a waiver of any rights under this Section.
3.12 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work 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 Work until the same is fully completed and accepted by City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City may terminate this Contract pursuant to Section 3.18.3; provided, however, that the City needs to provide Contractor with only one (1) day advanced written notice.
3.13 Indemnification.
3.13.1 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 15
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 Contract, including without limitation the payment of all expert witness fees, attorneys' fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor's indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense which is caused by the sole or active negligence or willful misconduct of the City or the City's agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons.
3.13.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City's choosing and at Contractor's own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and authorized 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 authorized 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 authorized 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 authorized 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 Contract, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.
3.14 Insurance.
3.14.1 Time for Compliance. Contractor shall not commence Work under this Contract 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. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.
3.14.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by 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 Contract. Such insurance shall meet at least the following minimum levels of coverage:
3.14.2.1 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 00 01)OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2)Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance; and (4) Builders'/All Risk: Builders'/All Risk insurance covering for all risks of loss, including explosion, collapse, underground excavation and removal of lateral 16
support(and including earthquakes and floods if requested by the City). Policies shall not contain exclusions contrary to this Contract.
3.14.2.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: One million dollars ($1,000,000) per occurrence and $2,000,000 general aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability: One million dollars ($1,000,000) per accident for bodily injury and property damage; (3) Workers' Compensation and Employer's Liability: Workers' compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of One million dollars ($1,000,000)each accident, policy limit bodily injury or disease, and each employee bodily injury or disease; and (4) Professional Liability coverage: Two million ($2,000,000) per claim and in aggregate. (4) Builders'/All Risk: Completed value of the project. Defense costs shall be available in addition to the limits. Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract.
3.14.2.3 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 Contract 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 Contract.
3.14.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions to the insurance policies:
3.14.3.1 General Liability. (1) Such policy shall give the City, its officials, employees, agents and volunteers additional insured status using ISO endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and volunteers shall be excess of Contractor's insurance and shall not be called upon to contribute with it.
3.14.3.2 Automobile Liability. (1) Such policy shall give the City, its officials, employees, agents and volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of 17
coverage excess of Contractor's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and volunteers shall be excess of Contractor's insurance and shall not be called upon to contribute with it in any way.
3.14.3.3 Workers' Compensation and Employer's Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.
3.14.3.4 All Coverages. Each insurance policy required by this Contract shall be endorsed to state that (1)coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) 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, employees, agents and volunteers.
3.14.4 Builders'/All Risk Policy Requirements. The builders'/all risk insurance shall provide that the City be named as loss payee. In addition, the insurer shall waive all rights of subrogation against the City.
3.14.5 Separation of Insureds; No Special Limitations. 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 officials, employees, agents and volunteers.
3.14.6 Professional Liability Insurance. All architects, engineers, consultants or design professionals retained by Contractor shall also procure and maintain, for a period of five (5) years following completion of the Contract, errors and omissions liability insurance with a limit of not less than $1,000,000 per occurrence. This insurance shall name the City, its directors, officials, officers, employees, agents and volunteers as additional and insureds with respect to Work performed and shall otherwise comply with all requirements of this Section. Defense costs shall be paid in addition to the limits.
3.14.7 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 officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
3.14.8 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VII, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.
3.14.9 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements affecting coverage required by this Contract 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 supplied or approved by the City. 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. 18
3.14.10 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing.
3.14.11 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 Work under this Contract.
3.15 Bond Requirements.
3.15.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit "B" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.
3.15.2 Performance Bond. If specifically requested by City in Exhibit "B" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.
3.15.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient, or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 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 Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminate the Contract for cause.
3.15.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. 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.
3.16 Warranty. Contractor warrants all Work 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 Work or non-conformance of the Work to the Contract, 19
commence and prosecute with due diligence all Work 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 Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work corrected, Contractor's obligation hereunder to correct defective Work shall be reinstated for an additional one-year period, commencing with the date of acceptance of such corrected Work.
Contractor shall perform such tests as the City may require verifying that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of 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.
3.17 Employee/Labor Certifications.
3.17.1 Contractor's Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's 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 Work. A certification form for this purpose, which is attached to this Contract as Exhibit "C" and incorporated herein by reference, shall be executed simultaneously with this Contract.
3.17.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
3.17.3 Verification of Employment Eligibility. By executing this Contract, 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, and shall require all subcontractors and sub-subcontractors to comply with the same.
3.18 General Provisions.
3.18.1 City's Representative. The City hereby designates the Development Services Director, or his or her designee, to act as its representative for the performance of this Contract ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee. 20
3.18.2 Contractor's Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City ("Contractor's Representative"). Following approval by the City, Contractor's Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor's Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor's Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor's Representative, Contractor shall provide the information specified above and obtain the City's written approval.
3.18.3 Termination. This Contract may be terminated by City at any time, either with or without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City's resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract.
Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
3.18.4 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City's Representative, whose decision shall be binding upon Contractor.
3.18.5 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.
3.18.6 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:
CONTRACTOR:
Love Aire Heating and Cooling, Inc.
7252 Archibald Avenue
21
Rancho Cucamonga, CA 91701
Attn: Michael Picazo, CEO
CITY:
City of Upland
460 N. Euclid Avenue
Upland, CA 91786
Attn: Michael Blay, City Manager
With Copy To:
City of Upland
460 N. Euclid Avenue
Upland, CA 91786
Attn: City Attorney
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.18.7 Time of Essence. Time is of the essence in the performance of this Contract.
3.18.8 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.
3.18.9 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
3.18.10 Laws; Venue. This Contract shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Contract, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California.
3.18.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.
3.18.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.
3.18.13 Solicitation. 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 Contract. 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 Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability. 22
3.18.14 Conflict of Interest. 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 Contract. 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 Contract. For breach or violation of this warranty, City shall have the right to rescind this Contract without liability. For the term of this Contract, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to 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 Work.
3.18.15 Certification of License.
3.18.15.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor's license of the classification indicated below under Contractor's signature.
3.18.15.2 Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License Board, P.O.
Box 26000, Sacramento, California 95826.
3.18.16 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.
3.18.17 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.
3.18.18 Non-Waiver. None of the provisions of this Contract shall be considered waived by either party, unless such waiver is specifically specified in writing.
3.18.19 City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project or other projects. 23
[SIGNATURES ON FOLLOWING PAGE]
SIGNATURE PAGE FOR CONSTRUCTION CONTRACT
BETWEEN THE CITY OF UPLAND
AND LOVE AIRE HEATING AND COOLING, INC.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above.
24
CITY OF UPLAND LOVE AIRE HEATING AND COOLING, INC.
APPROVED BY:
MICHAEL BLAY Signature
City Manager
ATTESTED BY: Michael Picazo
KERI JOHNSON CEO
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP Signature
City Attorney
Raymond Picazo
COO
Contractor's License Number
DIR Registration Number
25
EXHIBIT A
SCOPE OF WORK
SECTION 1 GENERAL REQUIREMENTS
1.1 General
The Contractor shall furnish in accordance with the plans and specifications, all labor, equipment, time, and materials required for the construction of all work as outlined herein.
All work shall comply with the latest editions of the California Building Code, National Electrical Code, International Plumbing Code, International Mechanical Code and the National Fire Protection Association Code.
The Contractor shall furnish in accordance with the plans and specifications, all labor, materials, tools, equipment, time, and incidentals required for the construction of all work as outlined herein.
1.2 Description of Work
The work to be performed under this Contract generally consists of furnishing all labor, materials, and equipment necessary to:
• Remove 4 existing HVAC systems (like-for-like replacement) within the Santa Fe Depot located at 210 E. A Street and 220 E. A Street, Upland, CA. • Install (3) 3-ton and (1) 5-ton 208/230V 3-phase Magic Air Mfg. air handlers in attic. • Install (3) 3-ton and (1) 5-ton Day and Night Mfg. heat pump condenser units in the existing caged area.
• Reuse existing copper refrigerant lines and condensation drain lines. • All refrigerant lines will be flushed with Pro Flush Solvent. • All drain lines will be cleated of debris or blockages to ensure proper flow. • Provide secondary drain pans under each air handler. • Install 4 commercial-grade thermostats.
• Provide necessary sheet metal work.
• Install fused electrical disconnects per code.
• Pull all required permits and perform HERS testing per state requirements. • Include any additional required maintenance on existing mini-split units. • Complies with California Public Works requirements: Certified Payroll, Prevailing Wage, CSLB Compliance, HERS verification.
• Anticipate equipment delivery approximately 8-10 weeks after notice to proceed. • Once equipment is onsite, team will complete installation in 10-12 working days.
Warranty and Value additions:
• 10-year manufacturer warranty— heat pump condensers • 5-year manufacturer warranty—fan coils
• 7-year extended warranty—thermostats
• 3-year labor warranty
• 100% Satisfaction Guarantee
EXHIBIT B
BONDS
Concurrently with this Contract, the Contractor shall deliver to the City four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the City and included as Bond Provisions to the Contract. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price, plus the amount of a ten percent (10%) contingency, all as set forth below.
A Payment Bond and a Performance Bond, each in the amount of $106,111 One Hundred Six Thousand One Hundred Eleven Dollars, are required.
EXHIBIT C
CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.
LOVE AIRE HEATING AND COOLING, INC.
By:
Signature
Michael Picazo (Print)
CEO (Print)
EXHIBIT D
PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public- Works/PublicWorks.html for additional information.
No bid will be accepted, nor any contract entered into without proof of the contractor's and subcontractors' current registration with the Department of Industrial Relations to perform public work.
Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.'
Name of Contractor:
DIR Registration Number:
DIR Registration Expiration:
Small Project Exemption: Yes or No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:
1. Contractor shall maintain a current DIR registration for the duration of the project.
2. Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.
3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.
Name of Contractor:
Signature:
Name and Title:
Dated:
1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark "Yes" in response to "Small Project Exemption."
Exhibit E- 1
EXHIBIT E
FLEET COMPLIANCE CERTIFICATION
Bidder hereby acknowledges that they have reviewed the California Air Resources Board's policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the "Regulation"). Bidder hereby certifies, subject to penalty for perjury, that the option checked below relating to the Bidder's fleet, and/or that of their subcontractor(s) ("Fleet") is true and correct:
X The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto. ❑ The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto.
Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e. third- party correspondence or vendor bids).
❑ The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this Project has been deemed an Emergency, as defined under section 2449(c)(18). Bidder shall only operate the exempted vehicles in an 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:
of °pt
6.1 CITY OF UPLAND
•
BUDGET AMENDMENT
9t7F00
Date: 9/8/2025 Fiscal Year: FY25-26
Requested by: Charles Kwon Amount: $ 6,111.00 Dept/Div: Finance Description: 9/8/2025 Council Meeting Santa Fe Depot HVAC Update Project
EXPENDITURES
Proposed
Account Number Dept/Account Description Adopted Budget Current Budget Amendment Amended Budget 1010000-5070 General Fund/Transfer Out 100,000.00 100,000.00 6,111.00 106,111.00 4257500-5540-82361 General Cap Proj/Cap Proj 100,000.00 100,000.00 6,111.00 106,111.00 Total 200,000.00 200,000.00 12,222.00 212,222.00
REVENUES
Proposed
Account Number Account Description Adopted Budget Current Budget Amendment Amended Budget 4250000-4970 General Cap Proj/Transfer In (300,000.00) (300,000.00) (6,111.00) (306,111.00) Total (300,000.00) (300,000.00) (6,111.00) (306,111.00) Fiscal Impact 6,111.00
REASON/JUSTIFICATION (Please be specific)
❑ Reallocation of maintenance&operations to cover actual expense/encumbrances ❑ Estimated revenue adjustment for donations/other sources of revenue ❑ Appropriation line item adjustment to match funds received by grant, donations of other sources (deposit) ❑ Emergency purpose:
Description of Expense:
El Other- Explain:
CONTRACT AGREEMENT WITH LOVE AIRE HEATING AND COOLING FOR THE SANTA FE DEPOT HVAC UPDATE PROJECT This request is directly related to:
❑ Purchase Requisition No. Vendor:
El Council Meeting action: 9/8/2025 (Attach copy of minutes) Increase Purchase Order# OR Requisition #
APPROVALS
Dept Head Approval: Date:
Finance Officer: Date:
Funds Available? ❑Yes ❑No
o Approved o Denied
City Manager*: Date:
*Not required if approved by City Council
Comment:
Finance Division Only:
BA#: 0326B014 Help Ticket#: N/A
Journal #: Initial/Date:
Revised:3/2024 Page 2O7/24352Q7 PM
ESTIMATE
Love Aire Heating,Cooling, [email protected]
Plumbing +1 (909)973-2661
7252 Archibald Ave C20: 1076894,C36: 1105094 \( / Rancho Cucamonga,CA91701- LOVEAIRE
5017 HEATING&COOLING
Bill to Ship to
Kevin Smith Kevin Smith
City of Upland City of Upland
1370 Benson Ave 1370 Benson Ave
Upland,CA 91786 Upland,CA 91786
Estimate details
Estimate no.:296
Estimate date:06/12/2025
# Date Product or service Description Qty Rate Amount
1. 06/12/2025 COM Central Split System Public Works HVAC Bid Proposal- 1 $96,465.00 $96,465.00 City of Upland
Project Address:210 and 220 East A
Street
Upland CA 91786
Date:June 12,2025
Submitted To:
City of Upland
460 N.Euclid Ave,Upland,CA 91786
Scope of Work
Love Aire Inc.proposes to furnish all
labor,materials,and equipment
necessary to:
-Remove 4 existing HVAC systems
(like-for-like replacement)
-Install 3 x 3-ton and 1 x 5-ton
208/230V 3-phase Magic Air Mfg.air
handlers in the attic
-Install 3 x 3-ton and 1 x 5-ton Day and
Night Mfg.heat pump condenser units
in the existing caged area
-Reuse existing copper refrigerant
lines and condensation drain lines
•All refrigerant lines will be flushed with
Pro Flush Solvent
•All drain lines will be cleared of debris
or blockages to ensure proper flow
-Provide secondary drain pans under
each air handler Page 208 of 520
-Install 4 commercial-grade
thermostats
-Provide necessary sheet metal work
-Install fused electrical disconnects
per code
-Pull all required permits and perform
HERS testing per state requirements
-Include any additional required
maintenance on existing minisplit units
`*Final Bid Total:$96,465`*
Warranty&Value Additions
• 10-year manufacturer warranty-
Heat Pump Condensers
• 5-year manufacturer warranty-Fan
Coils
• 7-year extended warranty-
Thermostats
•3-year labor warranty
• 100% Satisfaction Guarantee
Compliance and Legal Assurance
This bid complies with California Public
Works requirements:
-Certified payroll
-Prevailing wage
-CSLB compliance
-HERS verification
Full documentation available upon
request.
Sincerely,
Michael Picazo
Owner,Love Aire Heating and Cooling
Inc.
Total $96,465.00
Accepted date Accepted by
Pork ®rtrr
BURGESON'S
HEATING•A/C•ELECTRICAL
SOLAR•PLUMBING
Since 1949
620 TENNESSEE ST.,REDLANDS,CA 92374-2952
(909)792-2222 • www.burgesons.com • Lic.No.263871
PROPOSAL SUBMITTED TO PHONE DATE
City of Upland 909-931-4317 May 7, 2025
STREET JOB NAME
210 & 220 E' A St • Same
CITY,STATE,AND ZIP CODE JOB LOCATION
Upland, Ca 91786 Same
ARCHITECT DATE OF PLANS DATE PROMISED JOB PHONE We hereby submit specifications and estimates for:
The removal of 4 existing heating and air conditioning systems and the installation of 4 new heating and air conditioning systems consisting of the following:
We will install 3 ea 3 ton and 1 ea 5 ton 208/230v 3 ph air handlers will be installed in the attic space above the wine store and connected to the existing supply and return duct system. We will also install a secondary drain pan under each air handler for water protection.
We will install 3 ea 3 ton and 1 ea 5 ton outdoor heat pump units (208/230v 3ph) in the existing location inside the caged area and connect them to the indoor air handlers using the existing copper refrigeration lines.
The accessbile duct system in the attic will remain the same. We will check and seal duct connections as needed.
Job to include 4 new heating and cooling commercial thermostats, necessary sheet metal, new fused electrical disconnects and required City permits including State required HERS testing.
Total Job $ 107,985.00
The equipment is covered by a one year parts and one year labor guarantee. The compressor has a five year warranty.
Note: This proposal includes prevailing wage.
hi;$ FrU HIsr hereby to furnish material and labor-complete in accordance with above specifications, for the sum of:
ONE HUNDRED SEVEN THOUSAND NINE HUNDRED EIGHTY FIVE 00/100 $107, 985.00 dollars (S 1.
Payment to be made as follows:
Due Upon Completion
Artryfatirt of i'1'Mt ®r rr -All products,services and/or representations of performance and/or outcome promised to me(verbally or in writing)are listed in the Work Order. Initial The above prices,specifications and conditions are satisfactory and are hereby accepted.You are authorized to do the work as specified.
Payment will be made as outlined above.
Print Name: Signature Date:
Print Advisor Name: Li sTl!^-/ 0«'' Advisor Signature � Date:
s' 7 ZS�
ESTIMATE #2880
60c3�� ESTIMATE DATE May 2,2025
SERVICE DATE Apr 24,2025
Vqrr
TOTAL $122,400.00
Klaus & Sons
City Of Upland(Billing) SERVICE ADDRESS
City Of Upland(Billing) 220 E A St
PO Box 460 Upland,CA 91784
Upland,CA 91785
CONTACT US
5623 Arrow Hwy
[email protected] Montclair,CA 91763
t. (909)982-5698
p [email protected]
Service completed by: David Dick, Raul Enriquez
ESTIMATE
Services qty unit price amount
HVAC Proposal 1.0 $122,400.00 $122,400.00 •Service,clean,and recharge 2 mini split systems
•Replace 4 HVAC systems
-4 fan coils in attic(connect to existing ducts)
-4 heat pumps outside in cages
• Includes flushing out existing refrigerant lines, new fused disconnect boxes, condensate lines with safety overflows, start up, and charge systems
-Haul old units away
-Pull city permits
-Three 3 ton systems
-One 5 ton system
Warranty 1.0 $0.00 $0.00
•10 years on Heat Pumps
•5 years on Evaporator Coil
•5 years on Thermostat
•2 years on Klaus and Sons 5-star Service
NOTE 1.0 $0.00 $0.00
•A 10%deposit is due upon authorization
•A 3%service fee required for credit card use on any amount$1,000.00 and over(NOT applicable to a 10%deposit) •Remaining balance is due in full upon completion of installation Prevailing Wage 1.0 $0.00 $0.00
•Job to be prevailing wage with certified payroll reporting Services subtotal:$122,400.00
Klaus&Sons 1320990 http://www.klausandsons.com Page 211 of 520
Subtotal $122,400.00
Total $122,400.00
Klaus&Sons 1320990 http://www.klausandsons.com Page 212 of 520
4 pF rto
6 ''' v a CALIFORNIA LEVINE ACT DISCLOSURE STATEMENT fe
P
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):
'.- 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):
i
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.
Date Signa ure of aut orized individual
LGve X ir, /-1/Gflig7 And(a9/i/,in K.
Company/Applicant Name
(Levine Act definitions on reverse side)
4<�°v °p`qt CITFUP LAND
oid "The City of Gracious Living"
DATE: September 8,2025
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:DAMIEN R.ARRULA,ASSISTANT CITY MANAGER
NORBERTO FERREIRA,ACTING UTILITIES MANAGER
MARC WARNER,UTILITIES SUPERVISOR
LIZ RODRIGUEZ,MANAGEMENT ANALYST
SUBJECT: CONSIDER APPROVAL OF AMENDMENT NO. 3 FOR HARDY AND HARPER ON-CALL
PAVEMENT SERVICES FOR UTILITIES
RECOMMENDED ACTION:
It is recommended that the City Council approve Amendment No. 3 to the Professional Services Agreement with Hardy&Harper and authorize the City Manager to execute the Amendment.
GOAL STATEMENT
The proposed action supports the City's goal of providing a high quality of life by ensuring that streets and alleys impacted by water and sewer main repairs are restored to proper working conditions in a timely manner.
BACKGROUND
The City of Upland regularly performs maintenance and repairs on its water distribution system, including hydrant repairs,mainline leak repairs,service line replacements,and water apparatus retrofits. These essential activities often require immediate asphalt pavement patching and repairs to restore the affected areas.
On July 26,2021,the City Council approved an Agreement with Hardy&Harper to provide on-call asphalt pavement services for three years,with three additional one(1)-year mutual extensions,ensuring swift restoration of roadways impacted by water system repairs.
On December 13,2021,the City Council approved a First Amendment to increase the contract amount by$100,000 in Fiscal Year 2021-22 and$50,000 in Fiscal Year 2022-23 and 2023-24.
On October 14, 2024, the City Council approved the Second Amendment, extending the contract for an additional year,taking advantage of the permissible contract renewal per the original agreement signed in 2021.The contract has played a vital role in maintaining the safety and functionality of the City's roadways.
ISSUES AND ANALYSIS
Hardy & Harper has consistently delivered high-quality service, meeting the City's requirements for prompt and efficient pavement repairs. To prevent any service interruptions and continue providing timely pavement restoration, staff proposes extending the contract with Hardy&Harper by exercising the option for the second of three additional one-year terms.
Staff will direct Hardy&Harper to pave and seal roadways in accordance with the City's updated Municipal Code Title 12 pertaining to excavations within pavement areas(Ordinance No. 1841).This ordinance establishes the paving and slurry seal requirements necessary to ensure roadway integrity and extend pavement life following major road cuts by utility providers,including the city's own utility.
The need for extensive slurry seal in compliance with the ordinance will be determined by the Engineering Division, as certain roadways are already scheduled for repair or rehabilitation under the Capital Improvement Program(CIP).
To maximize limited funding,slurry sealing will be avoided on roadways slated for more extensive future CIP work.
At this time, staff is adhering to the not-to-exceed amount in the original contract but anticipates that funding will be depleted at an accelerated rate, as compliance with the aforementioned ordinance requires larger paving and slurry seal coverage per service area.Future budget adjustments will be made after the first year of compliance,once actual
spending patterns are better defined.In addition,the updated compliance requirements associated with Ordinance No. 1841 will be factored into the upcoming master plans for water, sewer and recycled water.
ENVIRONMENTAL DETERMINATION
The proposed action is not subject to the California Environmental Quality Act(CEQA).According to Section 15378 of the CEQA Guidelines,the proposed action does not meet the definition of a"project"under CEQA and is therefore exempt.
FISCAL IMPACTS
The proposed contract extension totals $200,000. There are available funds in the Water Utility Contract Services Account No. 6406206-5253. Hardy & Harper has provided an updated rate sheet as of August 2025, reflecting no changes to the fee schedule from the original agreement approved on July 26, 2021. The rate sheet is attached for reference.
ALTERNATIVES
Provide alternative direction to staff.
CEQA:Not a Project.
THIRD AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT FOR
ON-CALL ASPHALT PAVEMENT REPAIRS WITH
HARDY AND HARPER, INC.
THIS THIRD AMENDMENT TO AGREEMENT ("Third Amendment") is made and entered into as of September 9, 2025 between the City of Upland, a municipal corporation ("City") and Hardy and Harper Inc. a California corporation ("Contractor"). City and Contractor are sometimes referred to herein individually as a "Party" and collectively as "Parties."
RECITALS
A. WHEREAS, the City and Contractor entered into an agreement dated July 26, 2021, for On-Call Asphalt Pavement Repairs (the "Original Agreement"); B. WHEREAS, the Parties entered into the First Amendment to the Original Agreement on December 13, 2021 ("First Amendment");
C. WHEREAS, the Parties entered into the Second Amendment to the Original Agreement on October 14, 2024 ("Second Amendment") (collectively, the Original Agreement, First Amendment, and Second Amendment are referred to hereafter as the "Agreement");
D. WHEREAS, the Parties now desire to enter into a Third Amendment to the Agreement in order to extend the Term of the Agreement by one additional year under the same terms and conditions, unless otherwise modified herein.
NOW, THEREFORE, in consideration of the mutual promises and undertakings of the Parties hereinafter set forth, the Parties to this Third Amendment mutually agree as follows:
AMENDMENT
1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.
2. Amendment to Section 5 - Payment. Section 5 - Payment of the Original Agreement shall be amended to read as follows.
5. PAYMENT
a. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth Required Documents with RFP Response Document Description (On-Call Asphalt Pavement Repairs), attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms - 1 -
in (ON-Call Asphalt Pavement Repairs) than the scope of work to be performed, payment rates and schedule of payment are null and void. The total not-to-exceed amount for the remaining term of this Agreement shall not exceed $200,000 for FY25-26 unless additional payment is approved as provided in this Agreement. b. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by the City Manager and the Contractor at the time City's written authorization is given to Contractor for the performance of said services.
c. Contractor will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt. of each invoice as to all non-disputed fees. If the City disputes any of Contractor's fees it shall give written notice to Contractor within 30 days of receipt of an invoice of any disputed fees set forth on the invoice.
3. Term Extension. The Original Agreement is hereby extended for an additional one-year term, commencing on July 27, 2025, and ending on July 26, 2026 (the "Extended Term"), under the same terms and conditions, unless further modified by mutual written agreement of the Parties.
4. Full Force. Except as amended by this Third Amendment, all provisions of the Original Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Second Amendment.
5. Electronic Transmission. A manually signed copy of this Second Amendment which is transmitted by facsimile, email, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Second Amendment for all purposes.
6. Counterparts. This Third Amendment may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
- 2 -
SIGNATURE PAGE FOR
THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR ON-CALL ASPHALT PAVEMENT REPAIRS WITH HARDY AND HARPER, INC.
IN WITNESS WHEREOF, the Parties hereto have executed this Third Amendment on the Effective Date first herein above written.
CITY OF UPLAND CONTRACTOR
a California municipal corporation Hardy and Harper, Inc. 31 Rancho Circle
Lake Forest, CA 92630
By:
Michael Blay,
City Manager
Name:
Title:
Attest:
By:
Keri Johnson,
City Clerk Name:
Title:
Approved As to Legal Form:
Best Best and Krieger, City Attorney
- 3 -
Docusign Envelope ID:04E9E016-6AEE-4BEE-B5D8-FD9531A474D6 July 29, 2024
EXHIBIT 'A'
FEE SCHEDULE
On-Call Asphalt Repair—Standard Pricing
(includes all Labor,Equipment,Materials&Disposal Costs) Equipment Breakdown (w/o Labor) Daily Rate
Flat Bed Truck w/Compressor Mount 330 . 00
Bob-Tail Truck 9-1 1 Yards 320 . 00
Concrete Flat Bed Truck 300 . 00
Dump Truck 9-1 1 Yards 350 . 00
Air Compressor 160 . 00
Water Truck 320 . 00
Skip Loader(incl trailer) 350 . 00
Flat Bed Truck w/3-5 ton roller combo 670 . 00
Dump Truck w/Skip Loader&Trailer combo 700 . 00
10-1 2 Ton Roller(incl trailer) 620 . 00
3-5 Ton Roller(incl trailer) 370 . 00
Berm Machine(min.charge) 1 , 500 . 00
Bobcat w/bucket 250 . 00
Bobcat w/grinder 310 . 00
Materials Unit Cost
Asphalt(D2-PG 64-10 Mix) in accordance with SSPWC TON 95 . 00 Subsections 203-6"Asphalt Concrete"and 302-5 "Asphalt
Concrete Pavement"
Asphalt(C2-PG 64-10 Mix) in accordance with SSPWC TON Subsections 203-6 "Asphalt Concrete"and 302-5 "Asphalt 92 . 00 Concrete Pavement"
Asphalt Plant Opening on Saturday EA 1 , 000 . 00 Crushed Aggregate Base (CAB) per SSPWC Section 200- CY 25 . 00
2.2 Crushed Miscellaneous Base (CMB) per SSPWC Section CY 200-2.4. Note: Processed Miscellaneous Base will NOT be 15 . 00 allowed.
Tack Coat Material Grade SS-1 h per SSPWC Subsection SF 1 . 00 302-5.4
Concrete(3 - 10 C.Y.) CY 195 . 00
Short Load Charge (less than 3 C.Y.) EA 700 . 00
Docusign Envelope ID:04E9E016-6AEE-4BEE-B5D8-FD9531A474D6
EXHIBIT 'A'
FEE SCHEDULE
On-Call Asphalt Repair—Standard Pricing
(includes all Labor,Equipment,Materials& Disposal Costs) Asphalt 4"thick-Remove and Replace Unit Unit Price (includes sawcut/grind, tack coat, 95%
compaction)
1 0-500 SF 13 . 50
2 501 —2,000 SF 10 . 00
3 2,001 —5,000 SF 7 . 00
4 5,001 — 15,000 SF 4 . 50
5 15,001 —30,000 SF 3 . 50
Asphalt 6"thick-Remove and Replace in 2 Unit Unit Price Lifts (includes saw-cut/grind, tack coat, 95%
compaction)
1 0-500 SF 17 . 00
2 501 —2,000 SF 11 . 75
3 2,001 —5,000 SF 9 . 25
4 5,001 — 15,000 SF 5 . 75
5 15,001 —30,000 SF 4 . 75
6" Asphalt Berm -Machine Unit Unit Price
1 0-500 LF 12 . 00
2 501 — 1,000 LF 11 . 00
8" Asphalt Berm- Machine Unit Unit Price
1 0-500 LF 13 . 00
2 501 — 1,000 LF 12 . 00
"T-Cut"Asphalt Grinding-0.12' Depth w/ Unit Unit Price
0.12' AC Overlay
1 0-500 SF 9 . 50
2 501 —2,500 SF 4 . 50
3 2,501 —5,000 SF 3 . 25
Docusign Envelope ID:04E9E016-6AEE-4BEE-B5D8-FD9531A474D6
EXHIBIT 'A'
FEE SCHEDULE
On-Call Asphalt Repair—Standard Pricing
(includes all Labor,Equipment,Materials& Disposal Costs) Striping (Two Coats Paint) Unit Unit Price
1 4-inch White Stripe LF 1 . 15
2 6-inch White Stripe LF 1 . 45
3 8-inch White Stripe LF 1 . 75
4 4-inch Yellow Stripe LF 1 . 15
5 4-inch Double Yellow Stripe LF 2 . 30
Striping (Thermoplastic) per Caltrans Std. Unit Unit Price 1 1 2-inch White Cross-Walk SF 5 . 00
2 1 2-inch White "Ladder Style" Cross-Walk SF 5 . 00 3 1 2-inch Yellow Cross-Walk SF 5 . 00
4 1 2-inch Yellow "Ladder Style" Cross-Walk SF 5 . 00 5 1 2-inch White Stop Bar SF 5 . 00
6 Pavement Legend (Arrows, Speed Limit Markings) EA 2 0 0 . 0 0 7 Pavement Legend ("STOP") EA 300 . 00
8 Pavement Legend ("STOP AHEAD") EA 300 . 00 9 Pavement Legend ("KEEP CLEAR") EA 300 . 00 10 Pavement Legend ("SIGNAL AHEAD") EA 350 . 00 1 1 Pavement Legend ("SLOW SCHOOL XING") EA 400 . 00 12 Pavement Legend (Railroad Crossing Symbol) EA 200 . 00 13 Pavement Legend (Bike Lane Symbol) EA 200 . 00 AC cap over existing (Skin patch) Unit Unit Price (I"- 1.25" nominal thickness)
1 0— 1,000 SF 11 . 50
2 1,001 —5,000 SF 9 . 50
3 5,001 — 10,000 SF 7 . 50
4 10,001 + S.F. SF 5 . 50
Slurry Seal—Type 1 Unit Unit Price
Docusign Envelope ID:04E9E016-6AEE-4BEE-B5D8-FD9531A474D6 1 0- 1,000 SF 5 . 15
2 1,001 -5,000 SF 2 . 8 5
3 5,001 - 10,000 SF 1 . 4 5
4 10,001 + S.F. SF . 6 5
Slurry Seal-Type 2 Unit Unit Price
1 0- 1,000 SF 5 . 15
2 1,001 -5,000 SF 2 . 9 0
3 5,001 - 10,000 SF 1 . 5 0
4 10,001 + S.F. SF . 7 5
Docusign Envelope ID:04E9E016-6AEE-4BEE-B5D8-FD9531A474D6
SECOND AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT FOR
ON-CALL ASPHALT PAVEMENT REPAIRS WITH
HARDY AND HARPER, INC.
THIS SECOND AMENDMENT TO AGREEMENT ("Second Amendment") is made and entered into as of October 14, 2024 between the City of Upland, a municipal corporation ("City") and Hardy and Harper Inc. a California corporation ("Contractor"). City and Contractor are sometimes referred to herein individually as a "Party" and collectively as "Parties."
RECITALS
A. WHEREAS, the City and Contractor have entered into an agreement, dated July 26, 2021, for On-Call Asphalt Pavement Repairs (the "Original Agreement").
B. WHEREAS, the Parties entered into the First Amendment to the Original Agreement on December 13, 2021 ("First Amendment") (collectively, the Original Agreement and the First Amendment are referred to hereafter as the "Agreement").
B. WHEREAS, the Parties now desire to enter into an amendment to the Agreement in order to extend the Term of the Agreement by one year, and to specify the payment for services for the Extended Term, as that term is defined hereafter..
NOW, THEREFORE, in consideration of the mutual promises and undertakings of the Parties hereinafter set forth, the Parties mutually agree as follows:
AMENDMENT
1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.
2. Amendment to Section 5 - Payment. Section 5 entitled " Payment", of the Agreement is amended to read as follows.
5. PAYMENT
a. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth Required Documents with RFP Response Document Description (On-Call Asphalt Pavement Repairs), attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in (ON-Call Asphalt Pavement Repairs) other than the scope of work to be performed, payment rates and schedule of payment are deemed not to be part of this Agreement. The total not-to-exceed amount for the Extended Term of this Agreement shall not exceed $200,000 unless additional payment is approved as provided in this Agreement.
- 1 -
46708.00113\42783063.1
Docusign Envelope ID:04E9E016-6AEE-4BEE-B5D8-FD9531A474D6 b. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by the City Manager and the Contractor at the time City's written authorization is given to Contractor for the performance of said services.
c. Contractor shall submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt. of each invoice as to all non-disputed fees. If the City disputes any of Contractor's fees it shall give written notice to Contractor within 30 days of receipt of an invoice of any disputed fees set forth on the invoice.
3. Term Extension. The Agreement is hereby extended for an additional one- year term, commencing on July 27, 2024, and ending on July 26, 2025 (the "Extended Term"), under the same terms and conditions, unless further modified by mutual written agreement of the Parties.
4. Full Force. Except as amended by this Second Amendment, all provisions of the Original Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Second Amendment.
5. Electronic Transmission. A manually signed copy of this Second Amendment which is transmitted by facsimile, email, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Second Amendment for all purposes.
6. Counterparts. This Second Amendment may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
- 2 -
46708.00113\42783063.1
Docusign Envelope ID:04E9E016-6AEE-4BEE-B5D8-FD9531A474D6
SIGNATURE PAGE FOR
SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR ON- CALL ASPHALT PAVEMENT REPAIRS WITH HARDY AND HARPER, INC.
IN WITNESS WHEREOF, the Parties hereto have executed this Second Amendment on the Effective Date first herein above written.
CITY OF UPLAND CONTRACTOR
a California municipal corporation Hardy and Harper, Inc. 31 Rancho Circle
Lake Forest, CA 92630
[-MA4.0115(zui . kawlamwasatA,
DocuSigned by: �DocuSigned by:
E n�ccnpr�x«n8� y',._116367CE8DAA498..
Michael Blay, City Manager
Michael Amundson
Name:
Vice President
Title:
Attest:
�DocuSignetl by: S
igned by:
�r421AorazDC347A... Y' aei4Aorocoo47D...
Keri Johnson, City Clerk
Kristen Paulino
Name:
Title: Corporat Secretary/CF0
Approved As to Legal Form:
"—Signed by:
Sft,pLUA, �ufsti.
�,—P,S OFfiflRfidfiF
Stephen Deitsch, City Attorney
- 3 -
46708.00113\42783063.1
Docusign Envelope ID:04E9E016-6AEE-4BEE-B5D8-FD9531A474D6 EXHIBIT A-1
ADDITIONAL SERVICES/SCHEDULE OF CHARGES
[ATTACHED]
- 4 -
46708.00113\42783063.1
Docusign Envelope ID:04E9E016-6AEE-4BEE-B5D8-FD9531A474D6 July 29, 2024
EXHIBIT 'A'
FEE SCHEDULE
On-Call Asphalt Repair—Standard Pricing
(includes all Labor,Equipment,Materials&Disposal Costs) Equipment Breakdown (w/o Labor) Daily Rate
Flat Bed Truck w/Compressor Mount 330 . 00
Bob-Tail Truck 9-11 Yards 320 . 00
Concrete Flat Bed Truck 300 . 00
Dump Truck 9-1 1 Yards 350 . 00
Air Compressor 160 . 00
Water Truck 320 . 00
Skip Loader(incl trailer) 350 . 00
Flat Bed Truck w/3-5 ton roller combo 670 . 00
Dump Truck w/Skip Loader&Trailer combo 700 . 00
10-12 Ton Roller(incl trailer) 620 . 00
3-5 Ton Roller(incl trailer) 370 . 00
Berm Machine(min.charge) 1 , 500 . 00
Bobcat w/bucket 250 . 00
Bobcat w/grinder 310 . 00
Materials Unit Cost
Asphalt(D2-PG 64-10 Mix) in accordance with SSPWC TON 95 . 00 Subsections 203-6"Asphalt Concrete"and 302-5 "Asphalt
Concrete Pavement"
Asphalt(C2-PG 64-10 Mix) in accordance with SSPWC TON Subsections 203-6 "Asphalt Concrete"and 302-5 "Asphalt 92 . 00 Concrete Pavement"
Asphalt Plant Opening on Saturday EA 1 , 000 . 00 Crushed Aggregate Base (CAB) per SSPWC Section 200- CY 25 . 00
2.2 Crushed Miscellaneous Base (CMB) per SSPWC Section CY 200-2.4. Note: Processed Miscellaneous Base will NOT be 15 . 00 allowed.
Tack Coat Material Grade SS-1 h per SSPWC Subsection SF 1 . 00 302-5.4
Concrete(3 - 10 C.Y.) CY 195 . 00
Short Load Charge (less than 3 C.Y.) EA 700 . 00
Docusign Envelope ID:04E9E016-6AEE-4BEE-B5D8-FD9531A474D6
EXHIBIT 'A'
FEE SCHEDULE
On-Call Asphalt Repair—Standard Pricing
(includes all Labor,Equipment,Materials& Disposal Costs) Asphalt 4"thick-Remove and Replace Unit Unit Price (includes sawcut/grind, tack coat, 95%
compaction)
1 0-500 SF 13 . 50
2 501 —2,000 SF 10 . 00
3 2,001 —5,000 SF 7 . 00
4 5,001 — 15,000 SF 4 . 50
5 15,001 —30,000 SF 3 . 50
Asphalt 6"thick-Remove and Replace in 2 Unit Unit Price Lifts (includes saw-cut/grind, tack coat, 95%
compaction)
1 0-500 SF 17 . 00
2 501 —2,000 SF 11 . 75
3 2,001 —5,000 SF 9 . 25
4 5,001 — 15,000 SF 5 . 75
5 15,001 —30,000 SF 4 . 75
6" Asphalt Berm -Machine Unit Unit Price
1 0-500 LF 12 . 00
2 501 — 1,000 LF 11 . 00
8" Asphalt Berm- Machine Unit Unit Price
1 0-500 LF 13 . 00
2 501 — 1,000 LF 12 . 00
"T-Cut"Asphalt Grinding-0.12' Depth w/ Unit Unit Price
0.12' AC Overlay
1 0-500 SF 9 . 50
2 501 —2,500 SF 4 . 50
3 2,501 —5,000 SF 3 . 25
Docusign Envelope ID:04E9E016-6AEE-4BEE-B5D8-FD9531A474D6
EXHIBIT 'A'
FEE SCHEDULE
On-Call Asphalt Repair—Standard Pricing
(includes all Labor,Equipment,Materials& Disposal Costs) Striping (Two Coats Paint) Unit Unit Price
1 4-inch White Stripe LF 1 . 15
2 6-inch White Stripe LF 1 . 45
3 8-inch White Stripe LF 1 . 75
4 4-inch Yellow Stripe LF 1 . 15
5 4-inch Double Yellow Stripe LF 2 . 30
Striping (Thermoplastic) per Caltrans Std. Unit Unit Price 1 1 2-inch White Cross-Walk SF 5 . 00
2 1 2-inch White "Ladder Style" Cross-Walk SF 5 . 00 3 1 2-inch Yellow Cross-Walk SF 5 . 00
4 1 2-inch Yellow "Ladder Style" Cross-Walk SF 5 . 00 5 1 2-inch White Stop Bar SF 5 . 00
6 Pavement Legend (Arrows, Speed Limit Markings) EA 2 0 0 . 0 0 7 Pavement Legend ("STOP") EA 300 . 00
8 Pavement Legend ("STOP AHEAD") EA 300 . 00 9 Pavement Legend ("KEEP CLEAR") EA 300 . 00 10 Pavement Legend ("SIGNAL AHEAD") EA 350 . 00 1 1 Pavement Legend ("SLOW SCHOOL XING") EA 400 . 00 12 Pavement Legend (Railroad Crossing Symbol) EA 200 . 00 13 Pavement Legend (Bike Lane Symbol) EA 200 . 00 AC cap over existing (Skin patch) Unit Unit Price (I"- 1.25" nominal thickness)
1 0— 1,000 SF 11 . 50
2 1,001 —5,000 SF 9 . 50
3 5,001 — 10,000 SF 7 . 50
4 10,001 + S.F. SF 5 . 50
Slurry Seal—Type 1 Unit Unit Price
Docusign Envelope ID:04E9E016-6AEE-4BEE-B5D8-FD9531A474D6 1 0- 1,000 SF 5 . 15
2 1,001 -5,000 SF 2 . 8 5
3 5,001 - 10,000 SF 1 . 4 5
4 10,001 + S.F. SF . 6 5
Slurry Seal-Type 2 Unit Unit Price
1 0- 1,000 SF 5 . 15
2 1,001 -5,000 SF 2 . 9 0
3 5,001 - 10,000 SF 1 . 5 0
4 10,001 + S.F. SF . 7 5
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR
ON-CALL ASPHALT PAVEMENT REPAIRS WITH
HARDY & HARPER, INC.
THIS FIRST AMENDMENT TO AGREEMENT is made and effective as of December 13,2021,between the City of Upland,a municipal corporation("City)and Hardy&Harper, Inc.,a California corporation("Contractor"). City and Contractor are sometimes referred to herein individually as a "Party"and collectively as"Parties",
RECITALS
A. WHEREAS, the Parties entered into a professional services agreement, dated July 26, 2021, for On-Call Asphalt Pavement Repairs(the "Original Agreement"); and
B. WHEREAS, the Parties now desire to enter into an amendment to the Original Agreement in order to include additional funds for the continued performance of the services.
NOW THEREFORE;in consideration of the mutual promises and undertakings of the Parties hereinafter set forth, the Parties to this First Amendment mutually agree as follows:
AMENDMENT
1 Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.
2. Amendment to Section 5-Payment. Section 5—Payment of the Original Agreement shall be amended to read as follows:
"5. PAYMENT.
a. The City agrees to pay Contactor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth Required Documents with RFP Response Document Description (On-Call Asphalt Pavement Repairs), attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks.Any terms in (On-Call Asphalt Pavement Repairs) than the scope of work to be performed, payment rates and schedule of payment are null and void. The not-to-exceed amounts for each year of this Agreement shall be as follows: $250,000 for FY 21-22, $200,000 for FY 22-23, and $200,000 for FY 23-24.
The total not-to-exceed amount shall be $650,000 for the total term of the Agreement unless additional payment is approved as provided'in this Agreement. b. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services.
c. Contractor will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees_ If the City disputes any of Contractor's fees it shall give written notice to Contractor within 30 days of receipt of an invoice of any disputed fees set forth on the invoice."
3. Full Force. Except as amended by this First Amendment, all provisions of the Original Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this First Amendment.
4. Electronic Transmission. A manually signed copy of this First Amendment which is transmitted by facsimile, email, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this First Amendment for all purposes.
5. Counterparts. This First Amendment may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
2
SIGNATURE PAGE FOR
FIRST AMENDMENT TO THE PROFESSIONAL SERVICES,AGREEMENT
WITH HARDY&HARPER, INC.
IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be executed the day and year first above written.
CITY OF UPLAND
Michael Blay, City Manager
Attest:
_.1
Ken Johnson, City Clerk
Approved As to Form:
Wik,g
Stephen Deitsch, City Attorney
CONTRACTOR
Hardy& Harper Inc., 31 Rancho Circle, Lake Forest,CA 92630 (714) 444-1851 By:
Name: mi b2e1 r.,;,, ,-e
Title:
Vice President
a l By:
Name:
Kristen Pauline
Title:
Secretar
3.
PROFESSIONAL SERVICES AGREEMENT
On-Call Asphalt Pavement Repairs
THIS AGREEMENT is made and effective as of July 26, 2021 , between the City of Upland, a municipal corporation ("City") and Hardy&Harper, Inc. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1.TERM,This Agreement shall commence on July 26,2021 and shall remain in effect for three(3) years.The City may,upon mutual agreement, extend the contract for three(3) additional 1 (one) year terms. If contract is extended beyond the original term,contract price may be adjusted at the beginning of each calendar year in accordance with the changes in the Consumer Price Index for all Urban Consumers in'the Los Angeles-Anaheim-Riverside Area published monthly by the United States Bureau of Labor Statistics(CPI).
2. sgRvicp. Contractor shall perform the services and tasks described and set forth in Exhibit A,attached hereto and incorporated herein asthough set forth in full. Contractor shall complete the tasks according to the schedule of performance which is also set forth in Scope of Services.
3.PERFORMANCE. Contractor shall at ail times faithfully,competently and to the best of his or her ability, experience, and talent, performs all tasks described herein, Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement.
4. AILING WAGES Pursuant to the provisions of Section 1773 of the Labor node of the State of California,the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations' Internet web site at http://www.dir.ca.gov . Contractor shall provide a copy of prevailing wage rates to any staff or sub-contractor hired and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of$25,00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract
5. EAYMENJ
a.The City agrees to pay Contactor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth Required Documents with RFP Response Document Description(On-Call Asphalt Pavement Repairs), attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks.
Any terms in (On-Cali Asphalt Pavement Repairs) than the scope of work to be performed, payment rates and schedule of payment are null and void. This amount shall not exceed $150,000 annually for the total term of the Agreement unless additional payment is approved as provided in this Agreement.
b. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein unless such
additional services are authorized in advance and in writing by the Public Works Director.
Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by Public Works Director and Contractor at the time City's written authorization is given to Contractor for the performance of said services. c. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previousmonth. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of the contractor's fees it shall give written notice to Contractor within 30 days of receipt of an invoice of any disputed fees set forth on the invoice.
6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT GAUSE, a. The City may at any time,for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the contractor at least ten (10) days' prior written notice.Upon receipt of said notice, the Contractor shalt immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City, Upon termination of the Agreement pursuant to this Section,the Contractor will submit an invoice to the City pursuant to Section 4.
7.DIEFAUILT QF CONTRAGTQR.
a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor, If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractors control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10)days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
OWNERSHIP OF DQCUMENT5,
a. Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services
provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three(3)years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used,reused,or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files containing data generated for the work, Contractor shall make available to the City,upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.
9.INPEMNJFICATJON.
a. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees, and volunteers from and against any and all claims, dernanr+ .,.losses, defense costs or expenses, including attorney fees and expert.witness fees,or liability of any kind or nature which the City, its officers, agents, and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City. b. In the event any claim or action is brought against City relating to Contractor's performance or services rendered under this Agreement, Contractor's shall render any reasonable assistance and cooperation which City might require.
10. INSURANCE REQUIREMENTS. Contractor shall procure and maintain for the duration of the contract insurance against claims for Injuries to persons or damages to property,which may arise from or in connection. with the performance of the work hereunder by the Contractor, its agents, representatives, or employees.
a.Minimken Scone of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability form No.CG 00 01 11 85 or 88,
(2) insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non-
owned auto endorsement to the General Liability policy described above is acceptable.
(3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement,worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. (4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Contractor's profession. b. Minimum Limits of insurance. Contractor shall maintain limits no less than:
(1) General Liability: One million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
(2) Automobile Liability: One million dollars ($1,000,000) per accident for bodily injury and property damage.
(3) Worker's Compensation as required by the State'Of Califorriia; Employer's Liability; One million dollars ($1,000,000) per accident for bodily injury or disease. (4) Professional Liability coverage: Two million ($2,000,000) per claim and in aggregate c. Deductibles and `=elf-Insured Retentions.Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations,claim administration and defense expenses.
d.other Insurance Provisions The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
(1) The City, its officers, officials, employees, and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied,or used by the Contractor; or automobiles owned, leased,hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees,or volunteers. (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insured maintained by the City, its officers, officials,