TY
4 ° 4.- CIOFuP LAND
ff "The City of Gracious Living"
MEETING OF THE CITY COUNCIL
,.21,rfei/t61Pa/
Bill Velto,Mayor
Sharman Maust, Mayor Pro Tem• District 1 Michael Blay,City Manager James Breitling,Councilmember-District 2 Stephen P. Deitsch, City Attorney Carlos A. Garcia,Councilmember -District 3 Keri Johnson, City Clerk Rudy Zuniga, Councilmember- District 4
Monday, February 9, 2026
Open session begins at 6:00 p.m.
City Council Chamber
City Hall, 460 N. Euclid Avenue
Residents may observe the City Council meetings remotely via livestream on the City website, Spectrum Cable TV Channel 3, or Frontier Cable TV Channel 26.
City of Upland Mission Statement
The City of Upland is committed to delivering superior services that meet community needs with transparency and integrity.
City of Upland Vision Statement
Upland is a safe community with historic character where residents enjoy a high quality of life.
Pages
1. CALL TO ORDER AND ROLL CALL
2. ADDITIONS-DELETIONS TO AGENDA
3. ORAL COMMUNICATIONS
This is a time for any citizen to comment on item listed on the closed session agenda only. Anyone wishing to address the legislative body is requested to submit a speaker card to the City Clerk at or prior to speaking. The speakers are requested to keep their comments to no more than three (3) minutes. The use of visual aids will be included in the time limit.
4. CLOSED SESSION
5. INVOCATION
Pastor Summer Brown, Life Bible Fellowship Church
6. PLEDGE OF ALLEGIANCE
7. PRESENTATIONS
Presentation of Police Department Promotions
8. CITY ATTORNEY
9. ORAL COMMUNICATIONS
This is a time for any citizen to comment on any item listed or not listed on the agenda.
Anyone wishing to address the legislative body is requested to submit a speaker card to the City Clerk at or prior to speaking. The speakers are requested to keep their comments to no more than three (3) minutes. Speakers will be given five (5) minutes during public hearings. The use of visual aids will be included in the time limit. Public comments and questions for the purpose of hearing current matters of concern in our community and to provide citizens a method for the public to hear those concerns in an open venue is encouraged. However, under the provisions of the Brown Act, the City Council is prohibited from discussion of items not listed on the agenda, and therefore, the City Council, City Manager, or City Attorney will take communications under advisement for consideration and appropriate response or discussion at a later time.
Individuals who demonstrate disruptive conduct during City Council meetings that prevent the City Council from conducting its meeting in an orderly manner are guilty of a misdemeanor as stated in PC403, disrupting a public meeting, and are subject to removal from the chamber or arrest.
CAMPAIGN CONTRIBUTION DISCLOSURE: Pursuant Gov. Code § 84308, any party to a permit, license, contract, or other entitlement before the Council is required to disclose on the record any contribution, including aggregated contributions, of more than $500 made by the party or the party's agents within the preceding 12 months to any City official. Participants and agents are requested to make this disclosure as well. The disclosure must include the name of the party, participant, or agent, and any other person making the contribution; the name of the recipient, the amount of the contribution, and the date the contribution was made.
10. CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine and will be enacted by one vote. There will be no separate discussion of these items unless members of the legislative body request specific items be removed from the Consent Calendar for separate action.
Recommended Action:
Approve the Consent Calendar
a. APPROVAL OF MINUTES 7
Recommended Action:
Approve the Regular Meeting Minutes of January 26, 2026. (Staff Person: Keri Johnson)
b. ADOPTION OF ORDINANCE NO. 2008 APPROVING ZONING CODE 12 AMENDMENT NO. 25-0005
CEQA: Determined to be Exempt.
Recommended Action:
Adopt Ordinance No. 2008 approving Zoning Code Amendment No. 25-0005, which modifies Table 17.04-2 and Table 17.05-2 of the Upland Zoning Code by adding a note specifying that parcels identified in the City's 6th Cycle Housing Element Sites Inventory and rezoned to accommodate low- and very low-income housing units shall have a minimum residential density of 20-dwelling units per acre, pursuant to the requirements of Government Code § 65583. (Staff Person:
Robert Dalquest)
c. CONSIDER RATIFYING AN APPOINTMENT TO THE PUBLIC WORKS 22
COMMITTEE
CEQA: Not a Project.
Recommended Action:
Ratify the appointment of James ("Dave") Nowell to the Public Works Committee, term to expire in December 2026. (Staff Person: Keri Johnson) d. CONSIDER ADOPTING A RESOLUTION DECLARING AN EMERGENCY 26 CONDITION AND APPROVING A CONTRACT FOR REPAIR OF THE 15TH
STREET TRANSFER STATION
CEQA: Not a Project.
Recommended Action:
Adopt a Resolution, by 4/5 vote, declaring an emergency condition and approving the execution of an emergency work plan that includes a construction contract without notice for bids pursuant to California Public Contract Code Sections 20168 and 22050; and approve a $227,406 construction agreement with KSM Electric, Inc. to perform necessary repairs to restore the 26 W. 15th Street transfer station to safe, reliable operation; and authorize the City Manager to execute the contract. (Staff Person: Damien Arrula)
e. CONSIDER APPROVAL OF MINI EXCAVATOR PURCHASE FROM SONSRAY 79
FOR THE WATER DISTRIBUTION DEPARTMENT
CEQA: Not a Project.
Recommended Action:
Approve the purchase of one (1) mini excavator from Sonsray Machinery for the Water Distribution Division to support maintenance, repair, and infrastructure improvements within the City's water distribution system for $94,640.26. (Staff Person: Damien Arrula)
f. CONSIDER APPROVAL OF SEWER SERVICE AGREEMENT 2025-11-12 84 CEQA: Categorically exempt pursuant to Section 15303 (d) (Existing Facilities) of the CEQA Guidelines.
Recommended Action:
Approve Sewer Service Agreement No. 2025-11-12 for the property at 2473 Highland Road and authorize the City Manager to execute agreement. (Staff Person: Damien Arrula)
g. CONSIDER APPROVING THE NOTICE OF COMPLETION FOR THE 115 RESERVOIR R-10, R-11, R-12A & R-13A OVERFLOW AIR GAP INSTALLATION
PROJECT
CEQA: Categorically Exempt from further environmental review pursuant to Section 15301(c). The City filed the Notice of Exemption with the County of San Bernardino on January 15, 2025.
Recommended Action:
Approve the work, authorize the City Manager or designee to record the Notice of Completion, and reduce the Faithful Performance Bond to 10% for the Reservoir
R-10, R-11, R-12A & R-13A Overflow Air Gap Installation Project. (Staff Person:
Damien Arrula)
h. CONSIDER ACCEPTANCE OF JUSTICE ASSISTANCE GRANT 2023 FUNDS 117 CEQA: Not a Project.
Recommended Action:
Accept the City's share of the 2023 Justice Assistance Grant award in the amount of$24,873, appropriate the grant funds to the Public Safety Grant Fund 219; and authorize the City Manager to execute any documents necessary to implement the grant. (Staff Person: Marcelo Blanco)
i. CONSIDER RATIFYING THE PURCHASE OF AN UNINTERRUPTIBLE POWER 140
SUPPLY SYSTEM
CEQA: Not a Project.
Recommended Action:
Ratify the purchase of an uninterruptible power supply (UPS) system with GHA Technologies, Inc. in the amount of$55,491.25. (Staff Person: Stephen Parker) j. CONSIDER APPROVAL OF REVISED CLASSIFICATION FOR THE POSITION 178
OF POLICE DETECTIVE/CORPORAL
CEQA: Not a Project.
Recommended Action:
Approve changes to the class specification for Police Detective/Corporal. (Staff Person: Stephen Parker)
k. CONSIDER APPROVAL OF SENIOR ENGINEER RECLASSIFICATION TO 189
PRINCIPAL ENGINEER
CEQA: Not a Project.
Recommended Action:
Approve the reclassification request of Senior Engineer to Principal Engineer. (Staff Person: Stephen Parker)
11. PUBLIC HEARINGS
a. CONSIDER AUTHORIZING DELINQUENT WATER, SEWER AND REFUSE 192
SERVICE CHARGES TO BE LIENED
CEQA: Not a Project.
Recommended Action:
The City Council will conduct a public hearing to consider placing delinquent water, sewer, and refuse service charges on the tax roll. (Staff Person: Stephen Parker)
1. Staff Presentation
2. Hold the Public Hearing
3. Close the Public Hearing
4. Accept the report of delinquent water, sewer, and refuse service
charges, and authorize the delinquent charges be liened as part of the pre-tax County assessment process
b. CONSIDER AUTHORIZING DELINQUENT REFUSE SERVICE CHARGES TO 201
BE LIENED
CEQA: Not a Project.
Recommended Action:
The City Council will conduct a public hearing to consider placing delinquent refuse service charges on the property tax roll. (Staff Person: Stephen Parker)
1. Staff Presentation
2. Hold Public Hearing
3. Close Public Hearing
4. Accept the report of delinquent refuse service charges; and authorize the delinquent charges be liened as part of the pre-tax County assessment process
12. COUNCIL COMMITTEE REPORTS
a. COUNCIL REPORTS ON REGIONAL COMMITTEE MEETING, TRAINING, OR
CONFERENCE ATTENDANCE
Councilmembers will provide oral reports on any meetings, trainings, or conferences they attended on behalf of the City. This item is for information only. b. FINANCE COMMITTEE MEETING, JANUARY 28, 2026 229 The Committee Chairperson will report on the meeting. This is an information item only.
13. BUSINESS ITEMS
a. CONSIDER AWARD OF BID FOR THE TOM THOMAS MAGNOLIA PLAZA 234 PROJECT (BID 2025-04)
CEQA: Determined to be categorically exempt pursuant to Section 15303 (Class 3, New Construction or Conversion of Small Structures) and Statutorily exempt pursuant to 15061(b)(3) of the CEQA guidelines.
Recommended Action:
Approve the plans and specifications for the Tom Thomas Magnolia Plaza (Project 82338); 2) award the construction contract to RCCI, dba Ramirez Company in the amount of$1,545,819.10 and a 10% contingency of$154,581.90 for a total amount of$1,700,401.00 and with other costs as outlined in Table 2 of this report, for a total project cost of$2,000,223.00; 3) authorize a reallocation in the amount of$335,823 from the 2023 Norma Torres Community Project Funding Grant to Fund 240 Project 82338; 4) appropriate an additional amount of$73,887 of Quimby funds to Account No. 4217500-5540-82338; and 5) authorize the City Manager to execute the agreement and any future extension or amendments within the City Manager's authority. (Staff Person: Robert Dalquest)
14. COUNCIL COMMUNICATIONS
15. CITY MANAGER
16. ADJOURNMENT
The next regularly scheduled City Council meeting is Monday, February 23, 2026.
NOTE: If you challenge the public hearing(s) or the related environmental determinations in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Upland, at, or prior to, the public hearing.
All Agenda items and back-up materials are available for public review at the Upland Public Library, at 450 North Euclid Avenue, the City Clerk's Office at 460 North Euclid Avenue and the City website at www.uplandca.gov .
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk's Office, 909-931-4120.
Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADA Title II].
To access written transcription during the meeting, please click this link:
https://attend.wordly.ai/join/LVGO-0906 . Then choose language and click attend to read the transcript on your device.
On February 4, 2026 a true and correct copy of this agenda was posted on the bulletin boards at 450 N. Euclid Avenue (Upland Public Library) and 460 N. Euclid Avenue (Upland City Hall), and the City website at www.uplandca.gov
MINUTES OF THE REGULAR MEETING OF THE UPLAND CITY COUNCIL January 26, 2026
6:00 p.m.
City Council Chamber
City Hall, 460 N. Euclid Avenue
Members Present: Mayor Bill Velto, Councilmember James Breitling, Councilmember Carlos A. Garcia, Councilmember Shannan Maust, Councilmember Rudy Zuniga
Staff Present: City Manager Michael Blay, Assistant City Attorney Thomas Rice, City Clerk Keri Johnson
1. CALL TO ORDER AND ROLL CALL
The regular meeting of the Upland City Council was called to order by Mayor Bill Velto at 5:00 p.m. in the Council Chamber of the Upland City Hall.
2. ADDITIONS-DELETIONS TO AGENDA
None.
3. ORAL COMMUNICATIONS
None.
CLOSED SESSION - 5:00 p.m.
4. CLOSED SESSION
At 5:01 p.m. Mayor Velto announced that the City Council would recess to Closed Session pursuant to Government Code
a. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL- EXISTING
LITIGATION
(Paragraph (1) of subdivision (d) of California Government Code Section 54956.9)
Case Name: Laureano, Benny v. City of Upland
San Bernardino County Superior Court of California Case No. CIVSB2317284 The City Council reconvened in open session at 6:01 p.m.
5. INVOCATION
Rabbi Stephen Epstein, Temple Sholom
6. PLEDGE OF ALLEGIANCE
Led by Assistant Fire Chief Birchfield
1
7. PRESENTATIONS
8. CITY ATTORNEY
Assistant City Attorney Rice announced the City Council received a report on Closed Session Item 4a, and there was no reportable action during Closed Session.
9. ORAL COMMUNICATIONS
Sean Hoss, Upland, spoke about the weed abatement program, questioned the timing of the inspections for the program, and requested that the Council revise the timeline for inspections.
Edgar Jawinde-Torres, Upland, provided information about the organization Pomona Valley Pride.
Rose, Upland, spoke regarding immigration and ICE actions and requested that the City open a day laborer center.
Erik Plumeda, Upland, spoke regarding immigration and stated he wants more from local leadership and does not feel there is justice for all.
Bruce James, Upland, provided information about the football and cheer non-profit program, Upland Outlaws and invited community support.
Claudia Bautista Peroles, stated that people in the community are being abducted by ICE from the Home Depot on Mountain Avenue.
Rob Perhamus, Upland, spoke about the lack of affordable housing and opportunities for economic development.
10. CONSENT CALENDAR
Councilmember Breitling removed Consent Calendar Item 10f for separate action. Mayor Velto and Councilmember Zuniga announced they would recuse themselves from voting on Item 10b as they both serve on the San Antonio Water Company Board and receive a stipend as Board Members.
Moved by: Councilmember Garcia
Seconded by: Councilmember Maust
Approve the Consent Calendar
Motion: Carried Unanimously with
Mayor Velto and Councilmember Zuniga abstaining from item 10b a. APPROVAL OF MINUTES
Approve the Regular Meeting Minutes of January 12, 2026. b. ADOPTION OF ORDINANCE NO. 2006 APPROVING ZONE CHANGE NO. 24- 0004
Adopt Ordinance No. 2006 approving Zone Change No. 24-0004 to modify the current zoning designation from Residential Single-Family Low (RS-10) to Public/Institutional (PB/I) for the property located at the southeast corner of E. 20th Street and Flower Court (APN: 1044-091-22).
2
c. CONSIDER APPROVAL OF DECEMBER WARRANT AND PAYROLL
REGISTERS
Approve the December warrant registers totaling $29,694,804.26 (check numbers 55353 - 55693 and direct disbursements) and payroll registers totaling $2,116,527.83 (check numbers 164464 — 164481 and electronic fund transfers 59496 — 60085).
d. CONSIDER ADOPTION OF A RESOLUTION APPROVING THE TRANSFER OF FUND BALANCE TO SECTION 115 TRUSTS AND OTHER CITY COUNCIL
DESIGNATED ACCOUNTS
Adopt Resolution No. 6863 approving a transfer of fund balance to Section 115 Trusts and other City Council designated accounts in conjunction with the General Fund Reserve Policy for the Fiscal Year ended June 30, 2025. e. TREASURER'S REPORT NOVEMBER 2025
Receive and file the December 2025 Treasurer's Report.
f. 2026 WEED ABATEMENT PROGRAM
There was discussion regarding program guidelines, single inspection compliance, clear notices regarding violation and what needs to be remedied, and reinspection photos taken from the same angle as the initial violation photos.
Council further requested clarification on the maintenance of native landscape gardens.
Development Services Director Dalquest responded to questions from the Council regarding the inspection timeline and the deadline to submit liens to the San Bernardino County Assessor.
Moved by: Councilmember Breitling
Seconded by: Councilmember Garcia
Adopt Resolution No. 6864 declaring unmaintained weeds, grasses, vegetation, and dead or dying combustible debris a public nuisance and authorize staff to begin the 2026 Annual Weed Abatement Program and direct staff to amend the process to include single compliance opportunity, clear and specific notices, and consistent photo documentation.
Motion: Carried Unanimously
11. PUBLIC HEARINGS
a. ZONING CODE AMENDMENT NO. 25-0005 TO MODIFY TABLE 17.04-2 AND TABLE 17.05-2 OF THE UPLAND ZONING CODE.
Development Services Director Dalquest introduced Senior Planner Winter who presented the staff report along with a PowerPoint presentation.
Mayor Velto opened the public hearing and hearing no testimony, closed the public hearing.
Moved by: Councilmember Zuniga
Seconded by: Councilmember Maust
3
Hold first reading by title only, waive further reading and introduce an Ordinance approving Zoning Code Amendment No. 25-0005, which modifies Table 17.04-2 and Table 17.05-2 of the Upland Zoning Code by adding a note specifying that parcels identified in the City's 6th Cycle Housing Element Sites Inventory and rezoned to accommodate low- and very low-income housing units shall have a minimum residential density of 20-dwelling units per acre, pursuant to the requirements of Government Code § 65583; and determine that the project is exempt from the California Environmental Quality Act (CEQA) under the "Common Sense" Exemption, as set forth in CEQA Guidelines §15061(b)(3). b. CONSIDER APPROVAL OF SUBSTANTIAL AMENDMENT TO PROGRAM YEARS 2023-24 AND 2025-26 HUD ANNUAL ACTION PLANS
Development Services Director Dalquest introduced Housing Manager Cotto who presented the staff report along with a PowerPoint presentation.
Housing Manager Cotto responded to questions from the Council regarding the Multi-Family Residential Rehabilitation Program and the Gibson Senior Center improvements.
Mayor Velto opened the public hearing and hearing no testimony, closed the public hearing.
Moved by: Councilmember Garcia
Seconded by: Councilmember Zuniga
Adopt Resolution No. 6865 approving the substantial amendment to CDBG Program Years 2023-24 and 2025-26 to the City's U.S. Department of Housing and Urban Development (HUD) Annual Action Plans and direct staff to transmit all documents and amendments related to the Annual Action Plans to HUD within 30 days of execution.
Motion: Carried Unanimously
12. COUNCIL COMMITTEE REPORTS
a. COUNCIL REPORTS ON REGIONAL COMMITTEE MEETING, TRAINING, OR
CONFERENCE ATTENDANCE
No reports.
13. BUSINESS ITEMS
14. COUNCIL COMMUNICATIONS
Councilmembers announced various activities and events throughout the community.
15. CITY MANAGER
City Manager Blay announced upcoming renovations to the Council Chamber.
16. ADJOURNMENT
Mayor Velto adjourned the meeting at 6:52 p.m. The next regularly scheduled City Council meeting is Monday, February 9, 2026.
4
Keri Johnson, City Clerk
5
,.., Up`q� CITYUPLAND
. . "The City of Gracious Living"
ltiriiVO
DATE: January 26,2026
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:ROBERT D.DALQUEST,DEVELOPMENT SERVICES DIRECTOR
JOSHUA WINTER, SENIOR PLANNER
SUBJECT: ADOPTION OF ORDINANCE NO.2008 APPROVING ZONING CODE AMENDMENT NO. 25-0005 TO MODIFY TABLE 17.04-2 AND TABLE 17.05-2 OF THE ZONING CODE RECOMMENDED ACTION:
It is recommended that the City Council adopt Ordinance No.2008 approving Zoning Code Amendment No.25-0005, which modifies Table 17.04-2 and Table 17.05-2 of the Upland Zoning Code by adding a note specifying that parcels identified in the City's 6th Cycle Housing Element Sites Inventory and rezoned to accommodate low-and very low- income housing units shall have a minimum residential density of 20-dwelling units per acre, pursuant to the requirements of Government Code§ 65583.
GOAL STATEMENT
The proposed action supports the City's goal of encouraging new,balanced growth with a range of housing choices.
BACKGROUND
On June 17, 2024, the California Department of Housing and Community Development (HCD) issued the City of Upland a letter of conditional compliance for the 2021-2029 Housing Element. The letter identified two remaining actions necessary for certification:(1)re-adoption of the Housing Element and subsequent completion of the rezonings and upzonings identified in the Housing Element Sites Inventory, which have been completed. On December 11, 2025,the City received a letter from HCD that the City's Housing Element was certified.
The action before the City Council concerns one last remaining zoning code amendment requested by HCD as a "clean-up" to bring the City into full compliance with State Housing Element law. On September 8, 2025, and September 22,2025,the City Council adopted all required zoning code amendments,rezoning and upzoning actions identified in the Housing Element Sites Inventory. The adopted resolutions and ordinances were subsequently submitted to HCD for review.
On November 24, 2025, HCD provided comments on the adopted zoning code text amendments, requesting clarification as to whether the rezonings implemented to address the City's Low and Very Low Income RHNA shortfall expressly requires a minimum residential density of at least 20 dwelling units per acre, consistent with Government Code Section 65583.2. Of the 5,686 housing units in the RHNA,the City is allocated 959 dwelling units under the Low Income category(51%to 80%of the Area Medium Income),and 792 dwelling units under the Very- Low Income category(Up to 50%of AMI).
Planning Division staff responded to HCD explaining that the General Plan Land Use designation of Multi-Family Residential Medium(MFR-M),which applies to most of the rezoned sites,already establishes a minimum residential density of 20 dwelling units per acre,consistent with State law.While HCD accepted this explanation,they requested that the City explicitly identify in the Zoning Code that sites rezoned to meet the City's Low and Very Low Income RHNA are subject to a minimum density of 20 dwelling units per acre, in order to provide full compliance with Government Code Section 65583.2.
After conducting a public hearing on December 17, 2025, the Planning Commission recommended that the City Council adopt an Ordinance to approve the project.
First reading of the Ordinance was held at the regular meeting of the City Council on January 12,2026.
ISSUES AND ANALYSIS
General Plan
The project is consistent with the following General Plan Policies.
1. Policy HE-2.2 Housing Diversity:Provide high-quality housing in a range of types,densities,and unit sizes that meet the housing needs of residents of all income levels and household types.This includes single-and multiple- family housing, senior developments,mixed-use projects,and transit-oriented developments.
By clarifying minimum residential density requirements on sites rezoned to accommodate low- and very-low- income housing, the amendment supports development feasibility and efficient project review, while maintaining flexibility on other sites.This approach assists in implementing Housing Element programs intended to encourage a diverse range of housing products and affordability levels.
2. Policy LU-1.2 Permitted Densities and Intensities.Ensure existing and future zoning designations correspond to the permitted density and intensity ranges as listed in Table LU-1 of the Land Use Element.
The amendment clarifies minimum residential density standards applicable only to parcels rezoned to meet the City's Low-and Very-Low-Income RHNA obligations,while maintaining consistency with the density ranges prescribed by the applicable General Plan land use designations.As a result,the zoning regulations continue to align with the Land Use Element and ensure internal consistency between the General Plan and the Zoning Code, Title 17.
Zoning Code Text Amendment
As described above,the proposed zoning code amendment would establish a minimum residential density of not less than 20 dwelling units per acre for parcels that were rezoned to meet the City's Regional Housing Needs Allocation (RHNA)for low-and very-low-income housing,consistent with the requirements of Government Code§65583.2.In addition, Program 6 of the City's Housing Element states that "rezoned sites will comply with the requirements of Government Code § 65583.2," including "requiring a minimum density of 20 units per acre" (Upland Housing Element,p. H-67). Accordingly,the minimum density requirement should have been expressly included as part of the initial rezoning program but was inadvertently omitted.
The proposed zoning code amendment includes two(2)modifications,which consist of the following:
1. Modification to Table 17-04.2.This modification will include the addition of Note 9,which will read:
"[9] For parcels identified in the 6th Cycle Housing Element Sites Inventory that have been rezoned to accommodate low-and very low-income housing,the minimum residential density shall be 20 dwelling units per acre,pursuant to Government Code § 65583.2"
This note would apply to the Residential Multi-Family (RM-30) zoning district. The RM-30 district is the only residential zoning district that requires this clarification, as the remaining sites rezoned to address the City's low-and very-low-income RHNA shortfall are located within the Residential Multi-Family(RM-40) district,which already requires a minimum density of 20-dwelling units per acre.The note would apply only to those parcels specifically rezoned for RHNA purposes. All other RM-30 properties not rezoned to meet the RHNA shortfall would continue to be subject to the existing minimum density of 15-dwelling units per acre within the RM-30 zone.
2. Modification to Table 17-05-2.This modification will include the addition of Note 10,which will read the same as the above note.
"[10] For parcels identified in the 6th Cycle Housing Element Sites Inventory that have been rezoned to accommodate low-and very low-income housing,the minimum residential density shall be 20 dwelling units per acre,pursuant to Government Code § 65583.2"
This note would apply to the Business/Residential Mixed-Use (B/R-MU) zoning district. This is the only mixed-use district requiring this clarification, as other mixed-use zoning districts include a maximum residential density of 20-dwelling units per acre and therefore are not suitable for accommodating low-and very-low-income RHNA obligations. Consistent with the above, the note would apply only to sites
specifically rezoned to meet the RHNA shortfall. All other B/R-MU properties not rezoned for this purpose would continue to be subject to the existing minimum density of 10 dwelling units per acre.
ENVIRONMENTAL DETERMINATION
Pursuant to the California Environmental Quality Act(CEQA),the proposed project is exempt under the "Common Sense"Exemption, as set forth in CEQA Guidelines §15061(b)(3). The project consists of a minor zoning code text amendment and does not directly authorize any physical development or improvements that could result in a reasonably foreseeable direct or indirect physical impact on the environment. Therefore,it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment,and the project is exempt from CEQA pursuant to §15061(b)(3).
FISCAL IMPACTS
There is no fiscal impact associated with this action.
ALTERNATIVES
Provide alternative direction to staff.
CEQA: Determine to be Exempt.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
UPLAND, CALIFORNIA FINDING THE PROJECT IS EXEMPT
UNDER THE COMMON SENSE EXEMPTION, AS SET FORTH IN
CEQA GUIDELINES §15061(B)(3) AND APPROVING ZONING
CODE TEXT AMENDMENT NO. 25-0005 TO MODIFY TABLE
17.04-2 AND TABLE 17.05-2 OF THE UPLAND ZONING CODE
(TITLE 17, CHAPTERS 17.04 AND 17.05) TO ADD A NOTE SPECIFYING THAT PARCELS IDENTIFIED IN THE CITY'S 6TH
CYCLE HOUSING ELEMENT SITES INVENTORY AND REZONED
TO ACCOMMODATE LOW- AND VERY LOW-INCOME HOUSING
SHALL HAVE A MINIMUM RESIDENTIAL DENSITY OF 20-
DWELLING UNITS PER ACRE, PURSUANT TO THE REQUIREMENTS OF GOVERNMENT CODE § 65583.2
WHEREAS, Government Code § 65583.2 requires that parcels identified in the City's 6th Cycle Housing Element Sites Inventory and rezoned to accommodate low- and very low-income housing shall have a minimum residential density of 20-dwelling units per acre; and
WHEREAS, the City of Upland Housing Element says that parcels identified in the City's 6th Cycle Housing Element Sites Inventory and rezoned to accommodate low- and very low-income housing shall have a minimum residential density of 20- dwelling units per acre in compliance with state law; and WHEREAS, Upland Municipal Code Section 17.49 requires that the City Council take action on General Plan Amendments, Zone Changes, Zone Code Text Modifications and UMC Section 17.49.040 requires that the Planning Commission make a recommendation to the City Council on such amendments; and WHEREAS, the City of Upland Planning Division on December 5, 2025, published a legal notice in the Inland Valley Daily Bulletin, a local paper of general circulation, indicating the date and time of the public hearing in compliance with state law concerning the Project; and
WHEREAS, the City of Upland Planning Commission conducted a duly noticed public hearing on December 17, 2025, at which time it received public testimony concerning the Project, and considered the CEQA for the proposed project, resulting in a recommendation of approval of the project; and
WHEREAS, the City of Upland City Clerk on January 16, 2026, published a legal notice in the Inland Valley Daily Bulletin, a local paper of general circulation, indicating the date and time of the public hearing in compliance with state law concerning the Project; and
WHEREAS, the City of Upland City Council conducted a duly noticed public hearing on January 26, 2026, at which time it received public testimony concerning the Project, and considered the CEQA for the proposed project; and WHEREAS, all legal prerequisites for the adoption of this Ordinance have occurred.
Ordinance No.
NOW, THEREFORE, the City Council of the City of Upland hereby finds, determines and resolves as follows:
Section 1. The above recitals are true and correct and are hereby incorporated herein by this reference.
Section 2. Ordinance: Amending the Municipal Code.
1. Amend the Upland Municipal Code (UMC) Sections 17.04 and 17.05 as shown in Exhibit A and B respectively, attached hereto and incorporated herein by reference.
Section 3. FINDINGS. The City Council hereby makes the following findings and determinations in connection with the approval of the Ordinance:
A. The above Recitals are true and correct and are incorporated herein by this reference.
B. The proposal is in conformity with the following General Plan Land Use Policies.
1. Policy HE-2.2 Housing Diversity: Provide high-quality housing in a range of types, densities, and unit sizes that meet the housing needs of residents of all income levels and household types. This includes single- and multiple-family housing, senior developments, mixed-use projects, and transit-oriented developments.
Fact: By clarifying minimum residential density requirements on sites rezoned to accommodate low- and very-low-income housing, the amendment supports development feasibility and efficient project review, while maintaining flexibility on other sites. This approach assists in implementing Housing Element programs intended to encourage a diverse range of housing products and affordability levels.
2. Policy LU-1.2 Permitted Densities and Intensities. Ensure existing and future zoning designations correspond to the permitted density and intensity ranges as listed in Table LU-1 of the Land Use Element.
Fact: The amendment clarifies minimum residential density standards applicable only to parcels rezoned to meet the City's Low- and Very- Low-Income RHNA obligations, while maintaining consistency with the density ranges prescribed by the applicable General Plan land use designations. As a result, the zoning regulations continue to align with the Land Use Element and ensure internal consistency between the General Plan and the Zoning Code, Title 17.
C. Pursuant to Upland Municipal Code Section 17.48.060 the City Council makes the following findings and determinations in connection with the approval of the Zoning Map Amendments and Zoning Ordinance Text Amendments:
Ordinance No.
1. Finding: The proposed amendment is consistent with the General Plan and any applicable community or specific plan as provided by Government Code Section 65860.
Evidence: The proposed amendment is consistent with the General Plan and all applicable community and specific plans, as required by Government Code Section 65860. The amendment maintains alignment between zoning provisions and the General Plan's land use designations, density standards, and Housing Element programs, ensuring internal consistency within the City's adopted planning framework.
2. Finding: The proposed amendment will not be detrimental to the public interest, health, safety, or welfare of the City.
Evidence: The proposed amendment will not be detrimental to the public interest, health, safety, or welfare of the City, as it clarifies existing zoning standards, supports Housing Element implementation, and ensures consistency with State housing law without authorizing new or unanticipated land uses.
3. Finding: The proposed amendment is internally consistent with other applicable provisions of the Zoning Ordinance.
Evidence: The proposed amendment is internally consistent with other applicable provisions of the Zoning Ordinance, as it amends Tables 17-
04.2 and 17-05.2 to clarify minimum residential density standards on select Housing Element sites, thereby implementing the Housing Element and ensuring consistency with Government Code § 65583.2.
Section 4. Compliance with California Environmental Quality Act. The proposed project is exempt under the Common Sense Exemption, as set forth in CEQA Guidelines §15061(b)(3). The project consists of a minor zoning code text amendment and does not directly authorize any physical development or improvements that could result in a reasonably foreseeable direct or indirect physical impact on the environment. Therefore, it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment, and the project is exempt from CEQA pursuant to §15061(b)(3).
Section 5. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.
Ordinance No.
Section 6. Effective Date. This Ordinance shall become effective thirty (30) days from its adoption.
Section 7. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published in a newspaper of general circulation printed and published within the City of Upland, pursuant to all legal requirements.
PASSED, APPROVED, AND ADOPTED this 9th day of February, 2026.
Bill Velto, Mayor
I, Keri Johnson, City Clerk of the City of Upland, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Upland held on the 26th day of January, 2026 and was adopted at a regular meeting of the City Council of the City of Upland on the 9th day of February, 2026, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
Keri Johnson, City Clerk
City of Upland,CA
§ 17.04.050 § 17.04.050
17.04.030. Development Standards for Residential Zones.
A. Parcel Size, Density, and Lot Coverage. Table 17-04-2 (Parcel Size, Density, and Lot Coverage for Residential Zones)identifies the parcel size,density,and lot coverage standards that apply in residential zones.
TABLE 17-04-2 PARCEL SIZE AND DENSITY FOR RESIDENTIAL ZONES Residential Density I Minimum
Parcel Area Parcel Width I— Maximum Floor Area Zone (min.) (min.) [1] Min. Max. Lot Coverage [2] RS-20 20,000 sq. ft. 100 ft. [3] — 1 unit per I 35% 2,000 sq. ft. 20,000 sq. ft.
RS-15 15,000 sq. ft. 85 ft. [3] — 1 unit per 35% 1,800 sq. ft. 15,000 sq. ft.
RS-10 10,000 sq. ft. 75 ft. [3] — 1 unit per 40% 1,600 sq. ft. 10,000 sq. ft.
RS-7.5 7,500 sq. ft. 60 ft. [4] — 1 unit per 45% 1,400 sq. ft. 7,500 sq. ft.
RS-4 4,000 sq. ft. 40 ft. [5] — 1 unit per 50% 1,000 sq. ft. 4,000 sq. ft.
RS MH 10 acres 44 ft. 8 units per net 14 units per 60% — acre net acre[6]
RM-10 — 100 ft. 5 units per net 10 units per — 600 sq.ft. [8] acre [7] net acre[6]
RM-20 100 ft. 10 units per net 20 units per — 600 sq.ft. [8] acre [7] net acre[6]
RM-30 — 100 ft. 15 units per net 30 units per — 600 sq.ft. [8] acre [7] net acre[6][9]
RM-40 100 ft. 20 units per net 40 units per — 500 sq.ft. [8] acre [7] net acre[6]
Notes:
[1] New parcels adjacent to major or secondary highways,freeways,drainage channels,or railroad rights-of-way shall require an additional 10 feet in width,plus additional width required for corner parcels as noted. [2] The calculation of floor area applies to main dwelling(s),not inclusive of accessory buildings or garages. [3] Corner parcels shall require an additional 10 feet in width. [4] Corner parcels shall require an additional 5 feet in width. [5] Corner parcels shall require an additional 15 feet in width. [6] Not including City and state density bonuses.
[7] Applicable to multi-family uses of three or more units;for duplexes,a minimum of 1 unit per 7,500 square feet shall be required.
[8] Multi-family units with two or more bedrooms shall have an additional 200 square feet per additional bedroom.
[9] For parcels identified in the 6'Cycle Housing Element Sites Inventory that have been rezoned to accommodate low-and very low-income housing,the minimum residential density shall be 20 dwelling units per acre,pursuant to Government Code § 65583.2
City of Upland,CA
TABLE 17.05-2 PARCEL SIZE,RESIDENTIAL DENSITY,AND INTENSITY STANDARDS FOR MIXED-USE ZONES Non-
Residential Non-
Residential Residential Floor Area Residential
Parcel Area Parcel Width Density(min.) Density(max.) Ratio(max.) Floor Area (min.) [1] (min.) [2] [3] [4][5] Lot Coverage [6] Ratio(min.) [6] C/R MU 20,000 sq. ft. 100 ft. 15 units per acre 20 units per acre - 1.0 [7] B/R MU 4,000 sq. ft. 100 ft. 10 units per acre 30 units per acre 45% [8] 0.5 [10]
C/O MU 20,000 sq. ft. 100 ft. 10 units per acre 20 units per acre - 1.5 0.75 C/I MU 20,000 sq. ft. 100 ft. 15 units per acre 20 units per acre - 1.0 0.25 [9] [9]
Notes
[1] Applies only to the creation of new parcels through the subdivision process. [2] All parcels adjacent to major or secondary highways, freeways, drainage channels, or railroad rights-of-way shall require an additional 10 feet.
[3] Applicable to multifamily uses.
[4] Not including applicable City and state density bonuses.For mixed-use incentives, see Chapters 17.17(Density Bonus Program)and Chapter
17.18 (Community Benefit Program).
[5] Multifamily units shall provide a minimum of 700 square feet for a studio or one-bedroom unit,plus an additional 200 square feet for each additional room over one bedroom.
[6] Floor Area Ratio is defined and illustrated in Section 17.10.080(Determining Floor Area Ratio). The calculation of floor area ratio excludes floor area occupied by residential uses,but includes the "work space" component of a live/work unit. [7] Multifamily residential projects in the C/R-MU zone abutting Foothill Boulevard, Mountain Avenue, or Euclid Avenue must incorporate ground floor commercial uses along the site's primary street frontage. The minimum area of required ground floor commercial uses is 10,000 square feet or 10 percent of the total project floor area, whichever is greater.
Downloaded from https://ecode360.com/UP5026 on 2024-10-17 Page 20 of 379
City of Upland,CA
§ 17.05.050 § 17.05.050
[8] Applies only to single-family uses.
[9] Applies only to the residential uses allowed in the C/I-MU zone; residential uses shall only be permitted as part of a live/work or mixed-use development, where each building on site meets the minimum floor area ratio requirement. [10] For parcels identified in the 6th Cycle Housing Element Sites Inventory that have been rezoned to accommodate low- and very low-income housing, the minimum residential density shall be 20 dwelling units per acre, pursuant to Government Code § 65583.2
of Up
�� `q� CIoFUPLAND
Y ,�` "The City of Gracious Living"
cal rFo���� ��v�/ CG u'w
DATE: February 9,2026
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:KERI JOHNSON,CITY CLERK
SUBJECT: CONSIDER RATIFYING AN APPOINTMENT TO THE PUBLIC WORKS COMMITTEE RECOMMENDED ACTION:
It is recommended that the City Council ratify the appointment of James ("Dave") Nowell to the Public Works Committee,term to expire in December 2026.
GOAL STATEMENT
The proposed action supports the City's goal to provide opportunities for the citizenry to participate in local government through service on various committees,commissions,and boards.
BACKGROUND
The Public Works Committee(Committee)is a standing legislative committee of the City Council and consists of two Councilmembers and five citizen advisory members. The function of the Committee is to provide an opportunity for review and fact finding relative to significant projects, programs, or activities in public works operations prior to consideration by the entire Council. Citizen Advisory Members of the Committee are the reviewing body for street tree removal requests.
The City Clerk's Office received Committee Member John Ickis'resignation on December 22,2025.This resignation created an unscheduled vacancy, and Government Code Section 549574 requires vacancies to be posted for 10 working days before a new appointment can be made. The City Council accepted Committee Member Ickis' resignation on January 12,2026, and the notice of unscheduled vacancy was posted at City Hall,the Library,and on the City's website on January 13,2026.
Committee Member Ickis was Council Member Zuniga's representative on this committee.
ISSUES AND ANALYSIS
Councilmember Zuniga has chosen to appoint Dave Nowell as his representative on the Public Works Committee, term to expire in December 2026.
ENVIRONMENTAL DETERMINATION
The proposed action is not subject to the California Environmental Quality Act(CEQA). Section 15378 of the CEQA Guidelines defines a project subject to CEQA. The proposed action is not included within the definition of a"project" and thus is exempt.
FISCAL IMPACTS
There is no fiscal impact associated with this action.
ALTERNATIVES
Provide alternative direction to staff.
CEQA:Not a Project.
w
ov IJ -
',�� I City of Upland
3 5 I F t�i l co rj;
.. Public Service Application for Commissions,
4.ovivios Committees, or Boards
Win 1
I am applying to serve on the following commission, committee, and/or board.
Pdc ivl ,r �} On_ Mrvt Ps !o✓1 , �CA,traw+i'� rDeua_lyrri4 et41' ...Pub'ic• GI;by'(s Name: atner. i AV older(/
Home Address: 1)1')/61,0. .- , Cc_ d1 l76 Primary Phone: Seconda Phone:
Email Address:
Which district do you live in?
❑ District 1 El District 3
0 District 2 NO District 4
Current occupation: Owner C7o ' .S1.- a 1,) ..°rT« S Professional/educational back round: 5e?'"e- Ce"/f dee i 9 / °r'15' Srafr ot a..v,.0,1 e v~ �,,n.-1`1, c/, S r Cv LA./1,,6 l e-s".-J e ,. 6 e,.sr- 5' ,/ ,a^-s C Fo R 5 L ilrekvel:ri�5
Why are you interested in serving on a commission, committee, or board? o r" ' e- 0??6 r iv v."1 '&' our/U Ytc4 /m tF of-e'a.pv - e, Oslo ts" r-Lt f ca.a1/4, Law a...- �tiner n a�rj'F�,0 s A,17ete.7- &tit &or- aPolill um� y r eletraslrif,6iv, Sca re 71,,y waver ry fore 4.4p paf/Lie ' ,7ral s'"`f°I avi.e, ivti-rae5area +44— yet re4r/d v y v-1uex a.yid- r1ae/Y-ie_se.
Describe any other skill experience that you possess that will qualify you for the commission, committee r boa d desired: ��&� `l/ / �" rS t r'c mewl: v-
01 fin..e U Pi` `� �4. hew- or Co,„, r, , u j vx ek DIsrric.r 1:301ne4S OW per,
1 List three (3) community references:
1. NAME: CI)/ 'Zulifa pa PHONE:
2. NAME: r r r G i`jet 0 PHONE:
3. NAME: 41 ► t ma ai F& ' PHONE:
On a separate sheet please answer the following:
What do you feel are the most important issues facing the City of Upland? (300 words or less)
I declare, under penalty of disqualification and termination, that all statements in this application are true and correct to the best of my knowledge. I further declare that if I am appointed, I will serve fairly, impartially, and to the best of my ability.
I am available at the time of the regularly scheduled meetings of the commission, committee, or board to which I am applying.
I further acknowledge that information contained in this application is a public record and may be subject to public inspection pursuant to the California Records Act (CA Gov. Code § 6250 et seq.). Appli - '•■ - - -• • • - • - - • ' •• ' - • a period of three years.
Signature: Date: �� '
T ,'ad and understa • the above statement
Please return your completed, signed application to [email protected] or submit to:
City of Upland
Office of the City Clerk
460 N Euclid Ave
Upland, CA 91786
Unsigned applications will not be accepted.
Our city is currently facing several challenges that need attention and action. First, we must focus on increasing the size of our police force to ensure the safety of our streets and continue enforcing traffic violations effectively. In addition, there is a pressing need to improve the condition of our roads and parking tots, which are essential for both safety and convenience. More stop signs, streetlights, and crosswalks are also required to enhance pedestrian safety and overall traffic flow. Lastly, we must continue to work towards attracting businesses to our city to promote economic growth and improve opportunities for all residents.
4c,°v °p`qt CITFUP LAND
oid "The City of Gracious Living"
DATE: February 9,2026
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:DAMIEN R.ARRULA,ASSISTANT CITY MANAGER
RICHARD GONZALES,DEPUTY DIRECTOR OF PUBLIC WORKS—UTILITIES
NORBERTO FERREIRA,ACTING UTILITIES MANAGER
LIZ RODRIGUEZ,MANAGEMENT ANALYST
SUBJECT: CONSIDER ADOPTING A RESOLUTION DECLARING AN EMERGENCY CONDITION AND APPROVING A CONTRACT FOR REPAIR OF THE 15TH STREET TRANSFER
STATION
RECOMMENDED ACTION:
It is recommended that the City Council adopt a Resolution, by 4/5 vote, declaring an emergency condition and approving the execution of an emergency work plan that includes a construction contract without notice for bids pursuant to California Public Contract Code Sections 20168 and 22050; and approve a $227,406 construction agreement with KSM Electric, Inc. to perform necessary repairs to restore the 26 W. 15th Street transfer station to safe,reliable operation;and authorize the City Manager to execute the contract.
GOAL STATEMENT
The proposed action supports the City's goal of maintaining reliable water service to the community by restoring and keeping critical water system infrastructure fully functional.
BACKGROUND
During a recent site inspection,field staff discovered that the transfer station vault,located at 26 W. 15th Street,was filled with water, likely resulting from a system failure or broken components. The transfer station houses critical operational components, including electrical equipment, a cooling system, and a pump. Following a thorough inspection of these components by the City's foremost electrician, it was determined that these components were compromised as a result of the flood. In general, water intrusion in a vault environment can damage electrical distribution, controls, ventilation, and pumping equipment, creating immediate reliability and safety concerns. The cooling system, designed to regulate these components, has burned out, and the split-case pump motor sustained damage due to submersion.
ISSUES AND ANALYSIS
Although no customers are currently out of water,the transfer station plays a vital role in system functionality, and repairs must be initiated immediately to bring the facility back online.The compromised equipment poses a significant operational risk if left unaddressed. Such risks include diminished water production that may affect Upland's ability to maintain supply and serve the community. Work will include restoring vault electrical systems and controls impacted by flooding; repairing/replacing affected low-voltage devices necessary for safe operation (e.g., lighting, receptacles, ventilation, and sump-related equipment as needed); repairing pump control equipment and interfaces; and removing, evaluating,and reinstalling the split-case pump motor as necessary to restore functionality.KSM will also administer the actuator repair as part of this emergency restoration effort.
This work was not formally bid due to it being an emergency repair necessary to address urgent operational needs and restore critical utility infrastructure. As an emergency purchase, it is exempt from competitive bidding pursuant to Section 11.6 of the City of Upland Purchasing Policy. Additionally,KSM Electric,Inc.has been providing electrical and repair services for the City of Upland Treatment Division for nearly 30 years and is a commonly used vendor with extensive knowledge of the City's treatment infrastructure,which supports timely troubleshooting and restoration.
Pursuant to the Public Contract Code (PCC), a City Council Resolution adopted by a four-fifths vote is required to award contracts without public notice for bids.Upon approval, a contract will be awarded to KSM Electric,Inc.,the City Manager will execute the contract, and a status report on the emergency work program will be provided to the City Council at subsequent council meetings.
ENVIRONMENTAL DETERMINATION
This action is not a project subject to CEQA and is exempt under Section 15378(b)(5)of the CEQA Guidelines as an organizational or administrative activity of government that will not result in direct or indirect physical changes in the environment.
FISCAL IMPACTS
The total cost for the emergency repair is $227,406. Funding is available in the Water Utility Capital Projects CW Booster Rehab Account No. 6407500-5540-91017 ($167,406) and the Water Utility Capital Projects CW Motor Control Center Panels Account No. 6407500-5540-91019($60,000).
ALTERNATIVES
Provide alternative direction to staff.
CEQA:Not a Project.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UPLAND, CALIFORNIA DECLARING AN EMERGENCY
CONDITION AND APPROVING THE EXECUTION OF AN
EMERGENCY WORK PLAN THAT INCLUDES A
CONSTRUCTION CONTRACT WITHOUT NOTICE FOR BIDS
PURSUANT TO CALIFORNIA PUBLIC CONTRACT CODE
SECTIONS 20168 AND 22050
WHEREAS, during a recent site inspection, City field staff discovered that the transfer station vault located at 26 W. 15th Street was filled with water, likely due to a system failure or broken components, and the vault contains critical operational infrastructure including electrical equipment, a cooling system, and a pump; and
WHEREAS, upon inspection by the City's electrician, it was determined that the electrical components, cooling system, and pumping equipment were compromised as a result of flooding, creating immediate reliability and safety concerns, including the failure of the cooling system and damage to the split-case pump motor due to submersion.
WHEREAS, the compromised condition of the equipment presents a significant operational risk if not promptly addressed, including the potential for reduced water production that could impair the City of Upland's ability to maintain adequate water supply and serve the community; and
WHEREAS, the City desires to award the contract to a qualified professional firm that possesses the equipment, expertise, licensure, and experience necessary to perform emergency electrical repairs and restore critical systems at the transfer station vault located at 26 W. 15th Street. KSM Electric, Inc. has demonstrated the technical capability and specialized knowledge required to complete the necessary electrical, control, and pump-related repairs in a timely and safe manner. Staff has reviewed the proposal submitted by KSM Electric, Inc. and determined that the proposed scope of work and associated costs are reasonable and consistent with the City's operational requirements. Based on KSM Electric, Inc.'s extensive experience providing electrical and repair services to the City's Treatment Division and its familiarity with the City's infrastructure, staff recommends awarding the contract to KSM Electric, Inc. to ensure prompt restoration of the facility.
WHEREAS, the City Council acknowledges that it must approve this resolution by a four-fifths vote of the entire City Council. Further, the City Council recognizes that it may delegate the authority to order the actions necessary to carry out the required improvements to any non-elected officer of the City. The City Council recognizes that this item must be reviewed at every regularly scheduled meeting hereafter, until the project is completed, to ensure that the need to continue the action still exists. If the emergency conditions allow, the action shall be terminated so that the remainder of the project may be completed by giving notice to let bids.
Resolution No.
NOW, THEREFORE, the City Council of the City of Upland hereby finds, determines and resolves as follows:
Section 1. The above recitals are true and correct and are incorporated herein by this reference.
Section 2. The City Council finds that the facts set forth demonstrate an emergency condition exists due to the immediate need to repair and restore critical electrical, control, and pumping systems at the transfer station vault located at 26 W. 15th Street. The flooding and resulting damage to essential infrastructure compromise the reliability and safety of the City's water system and pose a risk to continued water production and service delivery. Immediate remediation is required to restore full operational functionality, maintain system reliability, and protect public health and safety, and such emergency conditions do not permit the delay resulting from competitive solicitation for bids.
Section 3. The City Manager, or his designee, is hereby directed to prepare and execute a standard City of Upland Public Works contract necessary to perform emergency repairs and restoration of the transfer station vault located at 26 W. 15th Street, including electrical, control, pumping, and associated system repairs required to restore the facility to full operational status in accordance with City requirements.
Section 4. The City Manager, or his designee, shall cause a report on the status of the emergency circumstances to be agendized at each and every regularly scheduled meeting of this Council until either the project is completed or this Council finds that the emergency conditions have ceased to be present.
Section 5. Compliance with California Environmental Quality Act. The City Council finds that this Resolution is not a project subject to CEQA and is exempt under Section 15378(b)(5) of the CEQA Guidelines as an organizational or administrative activity of government that will not result in direct or indirect physical changes in the environment.
Section 6. Certification. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.
Section 7. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.
Section 8. Effective Date. This Resolution shall become effective immediately.
Resolution No.
PASSED, APPROVED and ADOPTED this 9th day of February, 2026.
Bill Velto, Mayor
I, Keri Johnson, City Clerk of the City of Upland, do herby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 9th day of February, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
Keri Johnson, City Clerk
CITY OF UPLAND
CONSTRUCTION CONTRACT
15' Street Transfer Station Repair -2026
1. PARTIES AND DATE.
This Contract is made and entered into this 9th day of February, 2026 by and between the City of Upland, a general law city and municipal corporation organized under the laws of the State of California with its principal place of business at 460 N. Euclid Avenue Upland, CA 91786 ("City") and KSM Electric, Inc, a California corporation with its principal place of business at 1090 5th Street, Unit 114, Calimesa, CA, 92329 ("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 "construction services to repair and restore the 15th Street Transfer Station flooded vault, including removal and replacement of damaged electrical distribution and control equipment, rebuild of the soft-start cabinet, removal and replacement of the pump and motor with crane support, and procurement/installation and commissioning of a new valve actuator and associated field services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. The following license classifications are required for this Project: C-10 Electrical Contractor
2.3 Project. City desires to engage Contractor to render such services for the 15th Street Transfer Station Repair ("Project") as set forth in this Contract.
2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, payment and performance 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:
• Services/Schedule (Exhibit "A")
• Plans and Specifications (Exhibit "B")
• Special Conditions (Exhibit "C")
• Contractor's Certificate Regarding Workers' Compensation (Exhibit "D") • Public Works Contractor Registration Certification (Exhibit "E") • Payment and Performance Bonds (Exhibit "F")
• 1997 Edition of the Standard Specifications for Public Works Construction (The Greenbook), Excluding Sections 1-9
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 "B" attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit "C" 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 fifteen percent(15%),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 2
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.
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
3.3 Period of Performance and Liquidated Damages.
3.3.1 Contractor shall perform and complete all Work under this Contract within 361 days, 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 Exhibits "A" or"B" 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 and fifty dollars ($250.00) 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.
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.
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 4
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 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 two hundred twenty-seven thousand four hundred and six Dollars ($227,406.00) ("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 or fifty thousand dollars ($50,000.00). Any additional work in excess of this amount shall be approved by the City Council.
3.7.1.1 Adjustments. Beginning July 1, 2026, upon Contractor's request, Contractor's rates may be adjusted no more than once per year based on the percentage change in the Consumer Price Index- All urban consumers, All Items - (Series ID# 5
CUURS49CSA0) Riverside-San Bernardino—Ontario, CA areas for the twelve (12) month period January through January immediately preceding the adjustments. All such price adjustment requests shall be submitted by June 1, 2026. The failure to submit price adjustment requests by June 1, 2026 shall waive the Contractor's right to request an adjustment for that year. Upon proper notice, price adjustments shall go into effect on July 1, 2026, of the same year. In no event shall the adjustment exceed five percent (5%) in any single year.
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 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 6
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.
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 pass 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 7
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 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 "E" prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by 8
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 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.
9
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.
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 10
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 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 11
limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Although CARB limits and requirements are more broad, 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.
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 three (3) days after commencement of the disputed work. Contractor's failure to give written notice within the three (3)-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 12
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
3.11.5.2 List of documents relating to claim:
(A) Specifications
(B) Drawings
(C) Clarifications (Requests for Information)
13
(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 so 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 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 14
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 been 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 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 15
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 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 16
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 Scppe 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 17
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 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: $2,000,000 per occurrence and $4,000,000 general aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability: 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 2,000,000 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease; and (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 18
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 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 $2,000,000 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.
19
3.14.9 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting 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.
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 "C" 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 "C" 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 20
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, 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 so corrected, Contractor's obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work.
Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of 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 "D" 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. 21
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 Assistant City Manager/ Public Works 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.
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 our 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 22
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:
KSM ELECtric, Inc.
1090 5th Street, Unit 114,
Calimesa, CA, 92320
Attn: Kevin MacDonald
CITY:
City of Upland
460 N. Euclid Avenue
Upland, CA 91786
Attn: City Manager
With Copy To:
City of Upland
460 N. Euclid Avenue
Upland, CA 91786
Attn: City Attorney
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. 23
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.
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.
24
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.
3.18.20 Fleet Compliance.
3.18.20.1 To the extent applicable, Contractor, shall comply, and shall ensure all subcontractors comply, with all requirements of the most current version of the California Air Resources Board ("CARB") including, without limitation, all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments ("Regulation"). A Fleet Compliance Certification Form is attached hereto as Exhibit "H" and incorporated herein by this reference.
3.18.20.2 Throughout Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor's and subcontractors' fleet including, without limitation, the CRCs, fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days' notice from the City.
3.18.20.3 Contractor shall be solely liable for any and all costs associated with complying with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Contractor shall defend, indemnify and hold harmless the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation. [SIGNATURES ON FOLLOWING PAGE]
25
SIGNATURE PAGE FOR CONSTRUCTION CONTRACT
BETWEEN THE CITY OF UPLAND
AND KSM ELECTRIC INC.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above.
CITY OF UPLAND KSM ELECTRIC INC.
APPROVED BY: [***IF CORPORATION, TWO SIGNATURES,
PRESIDENT OR VICE PRESIDENT AND
SECRETARY OR TREASURER
Michael Blay REQUIRED***]
City Manager
ATTESTED BY: Signature
Keri Johnson Name
City Clerk
APPROVED AS TO FORM: Title
Best Best & Krieger LLP
City Attorney
Signature
Name
Title
Contractor's License Number and
Classification
DIR Registration Number
26
EXHIBIT A
SERVICES
Contractor shall furnish all labor, supervision, materials, equipment, tools, incidentals, and coordination necessary to complete the Work described in Quote#8835 dated January 20, 2026 ("15th Street Transfer Station — Flooded Underground Vault Rebuild Estimate"), which is incorporated by reference and made part of this Contract.
The Work includes:
1. 15th Street Transfer Station — Flooded Vault Repairs Perform flooded vault repair and restoration work as outlined in the incorporated quote, including replacement of damaged electrical distribution equipment and associated devices, rebuild of the soft-starter cabinet as required, removal and replacement of the pump and motor including crane/rigging services, and testing/start-up to restore the system to operational condition.
2. Valve Actuator— Provide and Install
Provide the valve actuator and complete field services as outlined in the incorporated quote, including furnishing the specified actuator with accessories and installing, setting up, and functionally verifying operation with required onsite coordination and support.
3. Project Coordination
Contractor shall coordinate scheduling, access, and sequencing necessary to complete the Work. Any work outside the incorporated quote shall require written authorization from the City.
Exhibit A- 1
KSM Electric Inc. Estimate
1090 5th Street Unit 114 Date Quote#
Calimesa, Ca. 92320 CSLB NO.815589
Phone# (909)795-8886 Fax# (909)795-8884 1l2012026 8835 Name/Address Ship To
City of Upland Water Department City of Upland Water Department 460 North Euclid Ave. 15th Street Transfer Station Upland,CA.91786 South West Corner of Euclid&15th Street Upland,CA.91786
Terms FOB Project
Net 30 Job Site 15th Street Transfer Station
Description QIy Rate Total
15th St Transfer Pump Station -Flooded Underground Vault Rebuild Estimate Field Service Labor-480V Incoming Feed&Distribution: 1 10,150.00 10,150.00 Estimated labor to disconnect and remove 400A feeder circuit wiring from above ground service to vault distribution panel.Disconnect and remove(3)circuit breakers from distribution panel.
Inspect panel and bus to determine condition after being submerged.Clean/replace as necessary.
Have breakers cleaned and tested if possible,otherwise replace and install.Pull in new wire from service to vault&terminate.
Material-480V Incoming Feed&Distribution:Material(Wire,Replacement Circuit Breakers as 1 22,299.42 22,299.42 needed)
Field Service Labor-120V Distribution&Devices: 1 17,070.00 17,070.00 Estimated labor to disassemble and inspect 120/240V transformer and distribution panel.Clean and repair components as best as possible,replace components as needed due to water damage.
Replace existing exhaust fan with comparable new unit.Replace existing sump pump with comparable new unit.Replace existing light fixtures with LED fixtures.Replace utility receptacles.Utilize existing conduit and wire if possible,replace as necessary.Replace sensors, transducers,solenoids,etc.as needed.Remove all components that are no longer in use.
Material-120V Distribution&Devices:Material(Device/Component Replacement as needed) I 16,775.00 16,775.00 Field Service Labor-200HP Soft-Starter Cabinet Rebuild: 1 15,250.00 15,250.00 Estimated labor to disconnect and remove existing soft starter panel backplate.Remove all unused components,Install new Booster control panel,connect all alarm/control circuit to customer supplied PLC panel.Connect Booster Motor,Exhaust Fan circuit.
Material-New Booster Pump Control panel interior.To include:Soft Starter,Contactor,Relays 1 23,652.45 23,652.45 and Timers,Terminals,Breakers,Alarm circuits,Fan control circuit.
Thank you for your business.
Total
Exhibit A- 2
KSM Electric Inc. Estimate
1090 5th Street Unit 114 Date Quote#
Calimesa, Ca. 92320 CSLB NO.815589
Phone# (409)795-8886 Fax# (909)795-8884 1/20/2026 8835 Name I Address Ship To
City of Upland Water Department City of Upland Water Department 460 North Euclid Ave, 15th Street Transfer Station Upland,CA.91786 South West Corner of Euclid&15th Street Upland,CA.91786
Terms FOB Project.
Net 30 Job Site 15th Street Transfer Station
Description Qty Rate Total
Apprentice Labor-San Bernardino County A(per DIR requirements) 1 6,420.00 6,420.00 Material-Replacement Motor-Nidec(US Motors)200 HP 4P 444/5TS 3Ph 460//380 V 60//50 1 15,432.00 15,432.00 Hz JA28-ODP Foot-mounted,Fl Assy,Modified w/Thermostats and Electrofilm Motor Heaters @ Sulzer Colton.
Field Service Labor 1 15,370.00 15,370.00
1.Crane and crew to pull the existing split case pump and motor from vault,load and transport to our shop
for inspection
2.Shop labor to tear down pump,inspect and provide a repair/replacement quote. (See Option A-Repair and Option B-Replace for quotes)
3.Crane and crew to install the repaired or replaced split case pump and motor Field Service Labor-Remove existing vault cooling system.Remove and cap all water lines. 1 8,225.00 8,225.00 Material-Pump Replacement Quote 1 31,350.00 31,350.00 New Paco Split Case Replacement Pump 1
Valve Actuator Supply and Install
Job site material-Auma SAR10.2 Actuator with GS125 and fabricated mounting hardware 1 16,624.77 16,624.77 Field Labor to obtain measurements/(1 Tech/8 Hrs./1 Day includes Travel Time&Mileage) 1 2,175.50 2,175.50 Thank you for your business.
Total
Exhibit A- 3
KSM Electric Inc. Estimate
1090 5th Street Unit 114
Calimesa, Ca. 92320 Date quote#
CSLB NO.8]5589
Phone# (909)795-8886 Fax# (909)795-8884 1/20/2026 8835 Name/Address Ship To
City of Upland Water Department City of Upland Water Department 460 North Euclid Ave. 15th Street Transfer Station Upland,CA.91786 South West Corner of Euclid&15th Street Upland,CA.91786
Terms FOB Project
Net 30 Job Site 15th Street Transfer Station
Description Qty Rate Total
Field Labor to install actuator and perform start-up/(2 Techs/10 Hrs./1 Day includes Travel 1 5,283.50 5,283.50 Time&Mileage)
Field Service Labor/Adder for prevailing wage requirements I 4,150.00 4,150.00 Sales Tax on Material 7.75%City of Upland 2026 1 9,775.35 9,775.35 Payment and Performance Bond 1 7,402.55 7,402.55 Thank you for your business.
Total $227,405.54
Exhibit A- 4
EXHIBIT B
PLANS AND SPECIFICATIONS
Product Configuration for Estimate#9406
DESCRIPTION SAR 10.2/G51253/ACO1.2
INDUSTRY
Industry code Water,Wastewater
DEVICE CHARACTERISTICS
AUMA product Quarter-turn electric actuator
Rated output torque[Ibs.ft.] 5,900
Rated output torque[inch.lbs.] 70,800
Rated output torque[Nm] 7,999
Approximate weight(lbs.) 174
SERVICE CONDITIONS
Version Weatherproof
Operating mode Modulating duty
Enclosure protection NEMA type 6P
Color AUMA silver-grey(similar to RAL 7037)
Ambient temperature -30°C to+70°C(-22°F to+158°F) Nameplates English-aluminum(US-AL)
Sealing elements NBR-Nitrile Butadiene Rubber
Corrosion protection KS
ELECTRICAL DATA
Mains voltage 460 Volts AC
Phase 3-Ph
Frequency 60 Hz
Type of duty 54-25%intermittent duty
Motor protection (D-1T-0140)3 thermal switches,1 N.C.contact per phase wired in series 140°C,class F insulation,tropicalized winding
Motor type 3 ph AC asynchronous squirrel-cage TENV motor,type AD/VD
MOTOR DATA
Caution Ensure that the power conductors,and power source are sized according to the max.current Imax[A].
Motor designation ADOR071-4-0.40
Nominal power(HP) 1/2
Nominal power(kW) 0.40
Nominal speed(RPM) 1,680
Nominal current In[A] 2.6
Max.current Imax[A] 2.7
Starting current la[A] 8.9
COS 0.42
Exhibit B- 1
ACTUATOR FEATURES
SA model SAR 10.2
Output speed 38 RPM
Valve attachment FA10
Output drive FA10-B3 0=20mm;key width=6mm;key height 6mm Torque switches (0-M)torque sensing via MWG
Limit switches (0-M)limit sensing via MWG
Position transm. (30.5)MWG absolute encoder for AC 01.2 Turns per stroke 52 turns per stroke at output drive act.
Operating time(seconds) 82
Stem protection tube Without stem tube,with plastic protective screw plug,thread form G2"BSPP
Heater (22.5)24 V in combination with controls:5 W Motor heater (0)without
Torque switching Setting range 45-88lbs.ft.
Set to close lbs.ft. 57
Set to open lbs.ft. 57
Handwheel 7.9"(200mm)
Close direction RH-clockwise
Limit switching (230)1-500 rev/stroke adjustable with MWG Lubricant F15 Shell ALVANIA 1029
Special version TPA (000)without
Electrical connection (50-000)actuator plug for mounting AM/SEM/AC
GS GEARBOX
GS model GS 125.3
Version 1 Without
Version 2 Standard
Standard According to AWWA
Reduction ratio i 208:1
Mechanical adv. 77.0
Valve coupling Unbored valve shaft coupling
Coupling type steel
Explosion protection (0)not suitable for potentially explosive atmospheres Mounting position Position A
Swing angle 92 degrees,adjusted at factory•
Version RR:input shaft clockwise,clockwise rotation of the valve shaft Valve attachment FA25-N according to MSS SP-101 without pilot Housing material Cast iron housing GJL-250•
Worm wheel material Bronze worm wheel
Gearbox input (FA10-EW20)FA10,input shaft 0=20mm Lubricant F15-Shell ALVANIA 1029(standard submersion) Enclosure IP68-8-Z-max.26'(8m)head of water,with pointer cover•
ACTUATOR CONTROLS
AU M ATI C version AC 01.2
Feedback E2 MWG magnetic limit/torque sensor(non-intrusive setting) Max.motor power (B00.01)Contactors for power class Al Motor protection (C00.01)thermal switch,automatic reset Interface (D00.01)Parallel I/O Interface
Positioner (F10.01)Positioner
Input signals (R00.02)MODE,CLOSE,OPEN,STOP,EMERGENCY•
Exhibit B- 2
Control voltage (E00.01)24 V DC
Electronics supply (A10.01)24 V DC internal•
Output aux.voltage (A30.01)24 V DC-100mA(internally powered) Output contacts (H00.03)6 output contacts:6 NO/NC without common 250V AC/5A• Output signals (S00.01)default setting:K1=Fault,K2=End pos.CLOSED,K3=End pos.
OPEN,K4=Selector sw.REMOTE,K5=Torque fault CLOSE,K6=Torque fault OPEN
Local controls (L00.01)selector switch LOCAL-OFF-REMOTE with padlock;push buttons OPEN-STOP-CLOSE-RESET;large graphical LCD with a resolution of 200 x 100 pixels
Activ.Bluetooth (L90.01)Switched on
Indication lights (L10.02)1 CLOSED:green,2 TRQ-CL:blue,3 TH:yellow,4 TRQ- OP:violet,5 OPEN:red,BLUETOOTH:blue(with numbers)•
Face plate (US-ES-FR)English-Spanish-French•
Tolerance mains voltage (A40.01)+/-10%
Electrical connection (SB-080)plug/socket 100mm,2 x%"NPT;1 x 1%"NPT• Heater (Q00.01)heater 24 V,internal supply•
Analog input 1 (P20.02)setpoint:4-20mA
Analog input 2 (P30.00)without
Analog output 1 (P00.02)Position feedback:4-20mA Analog output 2 (P10.02)Torque feedback:4-20mA
Blinker version (N00.02)lights illuminated in mid travel(electronic) Display language English
Switch off in CLOSE (042.01)Limit
Switch off in OPEN (043.01)Limit
Self retaining LOCAL (033.03)In direction OPEN and CLOSE Self retaining REMOTE (052.00)OFF
Safety mode (153.01)OFF
Emergency function (140.01)OFF
Torque by-pass Function not active
Mounting position Position A
Mounting pos.local controls Position A-1,selector switch at 6 o'clock in relation to base of controls (standard for SA/SQ)
Electrical connection mounting position Position A
OPTIONAL EXTRAS
Double sealed at customer connection XK Yes
Protection cover for local controls,lockable Yes
DRAWINGS
POINT-TO-POINT WIRING DWG TPCA-1B2-1C1-A000TPAOOR100-011-000 OUTPUT DRIVE/MOUNTING FLANGE DWG SK099241
ACTUATOR DIMENSIONAL DWG DDSOOF611CAADQ341
OPERATION MANUALS
WIRING DIAGRAM LEGEND Legend for AUMATIC AC 01.2/ACExC 01.2 GEARBOX OPERATION MANUAL Part-turn gearboxes GS 50.3-GS 250.3 DEVICE INTEGRATION MANUAL Actuator controls AUMATIC AC 01.2/ACExC 01.2 Parallel ACTUATOR OPERATION MANUAL SA(R)07.2-16.2 with AC 01.2 Parallel Non-intrusive SUPPLEMENT_ELECTRIC_INSTALL Electrical installation guide
Exhibit B- 3
EXHIBIT C
SPECIAL CONDITIONS
ARTICLE 1. 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 Exhibit "F"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.
Exhibit C- 1
EXHIBIT D
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.
KSM Electric, Inc.
By:
Signature
Name (Print)
Title (Print)
Exhibit D- 1
EXHIBIT E
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 F
PAYMENT AND PERFORMANCE BONDS
Payment Bond (Labor and Materials).
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the CITY OF UPLAND , with its principal place of business at 460 N. Euclid Avenue, Upland, California 91786 (hereinafter designated as the "City"), by action taken or a resolution passed , 20 , has awarded to
hereinafter designated as the "Principal," a contract for the work described as follows: Contract No. (the "Project"); and
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated , (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and as Surety, are held and firmly bound unto the City in the penal sum of Dollars ($ ) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code Section 9100, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Revenue and Taxation Code Section 18663, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys' fees, court costs, expert witness fees and investigation expenses.
This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
Exhibit F- 1
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or the City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Civil Code Section 9100, and has not been paid the full amount of his claim.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of Contract, including but not limited to, the provisions of Sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
Exhibit F- 1
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On , 20 , before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) I Limited
I General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s)Or Entity(ies)
Signer(s)Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.
Exhibit F- 1
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On , 20 , before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) I Limited
I General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s)Or Entity(ies)
Signer(s)Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.
END OF PAYMENT BOND
Exhibit F- 1
Performance Bond
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the CITY OF UPLAND , with its principal place of business at 460 N. Euclid Avenue, Upland, California 91786 (hereinafter referred to as the "City") has awarded to , (hereinafter referred to as the "Contractor") an agreement for Contract No. , (hereinafter referred to as the "Project").
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated , (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, , the undersigned Contractor and as Surety, a corporation organized
and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of DOLLARS, ($ ), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney's fees, incurred by the City in enforcing such obligation.
As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by the City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15.
Exhibit F- 1
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City's option:
Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City's objection to Contractor's further participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
Exhibit F- 1
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is per thousand. The total amount of premium charges is $
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety
and Agent or Representative for
service of process in California)
Exhibit F- 1
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On , 20 , before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) I Limited
I General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s)Or Entity(ies)
Signer(s)Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.
Exhibit F- 1
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On , 20 , before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) I Limited
I General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s)Or Entity(ies)
Signer(s)Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of Attorney to local representatives of the bonding company must also be attached.
END OF PERFORMANCE BOND
Exhibit F- 1
EXHIBIT G
FLEET COMPLIANCE CERTIFICATION
Bidder hereby acknowledges that they have reviewed the California Air Resources Board's policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the "Regulation"). Bidder hereby certifies, subject to penalty for perjury, that the option checked below relating to the Bidder's fleet, and/or that of their subcontractor(s) ("Fleet") is true and correct:
❑ The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto. ❑ The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto.
Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e. third party correspondence or vendor bids).
❑ The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this Project has been deemed an Emergency, as defined under section 2449(c)(18). Bidder shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to section 2449(i)(4). ❑ The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto.
Name of Bidder:
Signature:
Name:
Title:
Date:
Exhibit H- 1 -
4 Or UN
-ft.:;
`,C.:pititCALIFORNIA LEVINE ACT DISCLOSURE STATEMENT
Ogt�� 4Q"
California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits City Officers from participating in any action concerning a license, permit,other entitlement for use,franchise, or contract(collectively"license, permit,or contract") if they receive political contribution(s)from a party, or its agent(s), totaling more than $500 within the twelve (12) months before the proceeding, while a proceeding is pending, and for twelve (12) months following the date of a final decision in a proceeding.
The Levine Act also requires a member of the Upland City Council who has received such a contribution to disclose the contribution on the record of the proceeding and recuse themselves before the proceeding unless the violation has been properly cured.
Current Upland City Council Members are listed at:
https://www.uplandca.gov/city-council-treasurer
Parties and their Agents are responsible for accessing the link to review the names and disclosing their applicable contributions to City Officers on the record of a proceeding.
As a party to a proceeding,you are also required to provide information below about contributions made by you, your agents on behalf of you or your organization, your organization subject to the proceeding with the City, and any organization you direct or control pursuant to the aggregation rules at FPPC Reg. § 18438.5, except for uncompensated officers of a nonprofit organization. This form is to be submitted to the City of Upland and is a public record. If you have any questions about this form, please contact your City representative for assistance.
1. Have you or your company,or any agent/board member on behalf of you or your company/entity, made any political contributions of more than $500 to any Upland City Council Member in the 12 months preceding the date of the submission of your proposal or application,or the anticipated date of any Council action?
YES If yes, please identify the Council Member(s): _ ZNO
2. Do you or your company/entity, or any agency on behalf of you or your company/entity, anticipate or plan to make any political contribution of more than $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):
FIND
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.
Digitally signed by Kevin
01/16/2026
Kevin MacDonald MacDonald
Date:2026.01.16 16:28:56-08'00'
Date Signature of authorized individual
KSM Electric Inc.
Company/Applicant Name
(Levine Act definitions on reverse side)
LEVINE ACT DISCLOSURE STATEMENT DEFINITIONS
Term Definition Law
A proceeding to grant, deny, revoke, restrict, or modify a license, permit or other entitlement for use, that
does not solely involve purely ministerial decisions
and is:
Covered (1)Applied for by the party; FPPC Reg 18438.2(a) "proceedings" (2) Formally or informally requested by the party; or (3)A contract between the agency and the party or a
franchisee granted by the agency to the party, other
than a contract that is competitively bid, a labor
contract, or a personal employment contract.
Any person who files an application for, or is the
Party subject of, a proceeding involving a license, permit, or Gov. Code 84308(a)(1) other entitlement for use.
Any person who is not a party but who actively
supports or opposes a particular decision in a
proceeding involving a license, permit, or other
entitlement for use and who has a financial interest in Gov. Code 84308(a)(2) Participant the decision.A person actively supports or opposes a FPPC Reg 18438.4 particular decision in a proceeding if that person
lobbies in person the officers or employees of the
agency, testifies in person before the agency, or
otherwise acts to influence officers of the agency.
A person who represents a party or participant for
compensation and appears before or otherwise
Agent communicates with the governmental agency for the FPPC Reg 18438.3 purpose of influencing the pending proceeding. See
FPPC Reg 18438.3 for exceptions for certain
consultants.
A contract required by law to be awarded to the lowest
responsible bidder with a responsive bid, or, if the FPPC Reg Competitively Bid successful bidder refuses or fails to execute the 18438.2(a)(3)(A) contract, to the next lowest bidder with a responsive
bid.
A contract or agreement reached through collective
bargaining or with a representative group regarding
Labor Contract the salary, benefits, or terms and conditions under an FPPC Reg employment or retirement policy for employees or 18438.2(a)(3)(B) retirees, including a project labor agreement entered
under Public Contract Code Section 2500.
Personal A contract for employment, including the terms and Employment conditions of employment, between the agency and FPPC Reg Contract an agency employee.A contract with an independent 18438.2(a)(3)(C)-(D) contractor is NOT a personal employment contract.
4c °v °p`q� CITFUP LAND
oid.�, �. "The City of Gracious Living"
c�lrFOR�i�
DATE: February 9,2026
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:DAMIEN R.ARRULA,ASSISTANT CITY MANAGER
RICHARD GONZALES,DEPUTY DIRECTOR OF PUBLIC WORKS—UTILITIES MARC WARNER,UTILITIES SUPERVISOR—WATER
LIZ RODRIGUEZ,MANAGEMENT ANALYST
SUBJECT: CONSIDER APPROVAL OF MINI EXCAVATOR PURCHASE FROM SONSRAY FOR THE
WATER DISTRIBUTION DEPARTMENT
RECOMMENDED ACTION:
It is recommended that the City Council approve the purchase of one(1)mini excavator from Sonsray Machinery for the Water Distribution Division to support maintenance, repair, and infrastructure improvements within the City's water distribution system for$94,640.26.
GOAL STATEMENT
The proposed action supports the City's goal of maintaining a reliable and efficient water infrastructure by equipping staff with modern equipment necessary to perform critical water distribution operations safely and effectively.
BACKGROUND
The Water Distribution Division is responsible for the maintenance and repair of the City's water delivery system, including water main repairs,service line installations,valve replacements,meter work,and emergency leak response.
Many of these activities require excavation in constrained areas such as residential neighborhoods, parkways, sidewalks,alleys,and landscaped zones.
Currently, excavation work is either completed using limited equipment capacity or requires the use of larger machinery that is not always well-suited for tight access locations.In some cases,work must be delayed or outsourced, which can increase costs and extend response times for routine and emergency repairs. A mini excavator provides a compact, highly maneuverable solution that allows crews to perform excavation work efficiently while minimizing surface disruption and restoring sites more quickly. The equipment will be used regularly for day-to-day operations and will reduce reliance upon rental equipment or external contractors for small-to medium-scale excavation needs.
ISSUES AND ANALYSIS
The proposed mini excavator will enhance operational efficiency by allowing Water Distribution crews to perform excavation tasks in-house,particularly in areas with limited access.Its smaller footprint reduces the risk of damage to surrounding infrastructure,landscaping,and hardscape while improving job site safety and productivity.
Ownership of this equipment will provide long-term cost savings by reducing rental expenses,minimizing contractor usage for routine work, and enabling faster completion of repairs. The equipment will also support emergency response efforts by allowing crews to mobilize quickly without waiting for rental availability.
The purchase of the mini excavator is from Sonsray Machinery via Sourcewell Contract No. 011723-CNH in the amount of$94,640.26.The City of Upland is a Sourcewell member. Sourcewell,formerly known as the National Joint Powers Alliance (NJPA), is a self-sustaining government organization that provides contract purchasing solutions through Cooperative Purchasing. This arrangement allows multiple agencies to aggregate volume to enhance purchasing power. This procurement process meets the State of California's Cooperative Purchasing Code 6500 & 6502,and Upland Municipal Code section 2.48.080, allowing the City to dispense with the bidding procedures from suppliers who have been awarded a contract resulting from a formal competitive bidding process by another government agency.
The proposed purchase aligns with best practices for maintaining essential public works infrastructure and supports the Division's ability to meet service level expectations.
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 total cost for the purchase of the mini excavator is $94,640.26. There are available funds in the Water Utility Transmission&Distribution Vehicles Account No. 6406206-5531.
ALTERNATIVES
Provide alternative direction to staff.
CEQA:Not a Project.
age- • V MOUNTAINS ����
S O N S R AY ARIZONA CALIFORNIA NEVEDA NEW MEXICO OREGON TEXAS WASHINGTON CONSTRUCTION
MACHINERY
10062 Live Oak Ave.•Fontana•CA•92335 TEL:(909)355-1075
www.SonsrayMachinery.com
Ship To:CITY OF UPLAND Fontana
460 North Euclid Avenue January 19,2026 epadilla-0332 Upland CA 91786-4732 BP0019970 9099314100 Invoice To:CITY OF UPLAND Purchase Order:
460 North Euclid Avenue
Upland CA 91786-4732 Sales Person:Evert Padilla Attention: Marc Warner
EQUIPMENT QUOTE/SALES ORDER
CASE CX38D CAB Serial#: Stock#:EQ0076426 $68,645.98 Case Construction Equipment(Sourcewell Contract Number:011723-CNH)(Contract Period:04/04/2023-04/14/2027)Specified 17%Sourcewell Discount(-$14,060.02)-List Price/MSRP($82,706.00)-Net Cost Of Equipment($68,645.98)-This Quote To Be Presented To The City of Upland(Sourcewell Participant Account#69697).Any Factory Freight Fees,Load Fees,Pre Delivery Inspection Charges,Fuel/Setup Charges,Local Delivery Fees,Additional Surcharges,Additional Items/Attachments Purchased With Quoted Unit,Extended Warranties,Or Preventive Maintenance Plans Must Be Billed As Separate Line Items.
CX38D Mini Excavator Tier 4 Final w/24"(600mm)Digging Bucket (24.4)
Operating Weight:8,620 lb
Max Dig Depth: 11 Feet 3 Inches
Enclosed Cab w/A/C&Heat
Premium Mechanical Suspension Seat
Radio
Electric Throttle
Long Arm w/Thumb Bracket
CNH Multi Pin Grabber Hydraulic Quick Coupler
Hydraulic Thumb
Extra LED Light Package
LED Beacon
Additional Counterweight
6 Way Dozer Blade w/Float Function
Travel Alarm
Rubber Tracks
Base&Extended Limited Warranty Coverage:
2-Year/3,000-Hour Full Machine Limited Warranty.*
NOTICE TO Caution. Do not sign this contract before you thoroughly read both pages 1 and 2 of it or if it contains blank PURCHASER spaces,even if otherwise advised.
You are entitled to an exact and completely filled in copy of this Sales Order when you sign it. Keep it to protect your legal rights.
Store Manager signature required for final acceptance of Sales Order.
THIS AGREEMENT IS SUBJECT TO THE ADDITIONAL TERMS AND CONDITIONS ON THE REVERSE SIDE.CUSTOMER HAS HAD THE OPPORTUNITY TO READ THE TERMS OF THIS AGREEMENT PRIOR TO SIGNING.
Purchaser's Signature Sales Consultant Date
Print Name Date Accepted By Date
***Quote Expires 1/31/2026***QUOTED PRICE IS NOT GUARANTEED,AND SUBJECT TO MANUFACTURER'S PRICE INCREASES, INCLUDING ANY ADDITIONAL SURCHARGES***
SONSRAY SIGNATURE SERVICE—A commitment to providing excellent service and care when you purchase a new piece of equipment from Sonsray Machinery.
Factory Freight $3,790.00
Material Surcharge(Tariff Surcharge) $3,572.90
PDI $2,267.00
18"Bucket $2,095.48
Transfer From San Leandro $2,000.00
12"Bucket $1,602.43
Delivery to Customer $1,150.00
Part Freight $1,000.00
Load Fee $750.00
Incidental Shop Fees $500.00
Quoted Price $87,373.79
Sales Tax 7.75% $6,771.47
Processing Fee $495.00
Cash Due or Finance Amount $94,640.26
1. This is a cash transaction.If the Purchaser so requests prior to acceptance,the Cash Due on Delivery may be financed as a time sale transaction,subject to credit approval.If this transaction becomes a time sale,Purchaser agrees(1)to make payments pursuant to the Sonsray Machinery Accounts Receivable System Agreement,which is incorporated into this Purchase Order by reference,and(2)that Seller retains a security interest in the goods described herein until all obligations of Purchaser are paid in full and discharged.
2. When trade-in equipment is not to be delivered to the Seller until delivery of the equipment purchased by this order,the trade-in equipment may be reappraised at that time and such reappraisal value shall determine the allowance made for such trade-in equipment.When the reappraised value is less than the original trade-in allowance shown on this form,the purchaser may terminate this order;however,this right of termination must be exercised prior to delivery of the equipment by Seller and surrender of the trade-in equipment to Seller.
3. The prices which Purchaser will pay for the new equipment set forth on the reverse side hereof shall be based upon the Case dealer price in effect on date of delivery of the new equipment.In the event Case dealer's price is changed prior to delivery,the purchase price shall be adjusted accordingly.If such price change results in an increase,purchaser has the option of canceling the order in writing immediately on being notified thereof.
4. The Seller shall be excused if delivery is delayed or rendered impossible by differences with workmen,strikes,work stoppages,car shortages,delays in transportation,inability to obtain labor or materials and also by any cause beyond the reasonable control of Seller, including but not restricted to acts of God,floods,fire,storms,acts of civil and military authorities,war and insurrections.
5. Purchaser shall keep the property free of all liens,taxes,encumbrances and seizure or levy,shall not use same illegally,shall not damage,abuse,misuse,abandon or lose said property,shall not part with possession thereof,whether voluntarily or involuntarily or transfer any interest therein or remove same out of the county or filing district in which Purchaser resides as indicated herein without the prior written consent of Seller,shall keep said property insured in such amounts and with such insurer as may be acceptable to Seller with any loss payable to Seller as his interest in the property may appear.
6. Time is of the essence of this contract and if purchaser fails to comply with any of the terms and conditions hereof or defaults in the payment of any installment hereunder or under any renewal or renewals hereof,or in the payment of interest or defaults in the payment of any installment due under any other indebtedness of contract held by the Seller or Assignee,or if proceedings are instituted against Purchaser under any bankruptcy or insolvency law or Purchaser makes an assignment for the benefit of creditors or if for any reason the Seller deems himself insecure and so declares all payments heretofore made by Purchaser shall be retained by the seller and all indebtedness hereunder shall become immediately due and payable,with or without notice,together with all expenses of collection by suit or otherwise,including reasonable attorney fees and Seller may,without notice or demand,take possession of the equipment set forth on the reverse hereof,or any additions to,replacements of,or any proceeds from said equipment or may render the property unusable or Seller may require Purchaser to assemble the property and make it available at a place designated by Seller.Seller may resell the retaken property at public or private Sale in accordance with the Uniform Commercial Code or applicable state or provincial law.After deducting reasonable expenses for retaking, repairing,holding,preparing for sale,other selling expenses including attorney fees and legal expenses,the remaining proceeds of Sale shall be credited upon the amount of indebtedness remaining unpaid hereunder,and Purchaser agrees to pay any deficiency upon demand by Seller, any surplus,however,shall be paid to Purchaser.Said retaking or repossession shall not be deemed rescission of the contract.Seller may exercise any other rights and remedies provided by applicable law.
7. No waivers or modifications hereof shall be valid unless written upon or attached to this contract.Waiver or conditions of any breach or default hereunder shall not constitute a waiver of any other or subsequent breach or default.Payments received by Seller are to be applied first to delinquent interest and then to principal.
8. The remedies provided for herein are not exclusive and any action to enforce payment shall not waive or affect any of the holder's rights to have recourse to the property.The transfer of this contract shall operate to pass a security interest in the property as security for the payment hereof.
9. Any provision of this contract prohibited by the laws of any state,the United States,any province of Canada,shall be ineffective to the extent of such prohibition without invalidating the remaining portions of the contract.
10. Each maker,endorser,guarantor and surety hereon severally waives presentment,demand protest,and notice of non-payment and all defenses of want of diligence in collection and bringing suit.This contract shall be binding upon and shall insure to the benefit of the parties hereto and their respective heirs,personal representative,successors,and signs.
11. Buyer authorizes Seller to insert the Serial and/or model numbers of the goods set forth on the reverse side hereof for the purposes of identifying said goods.The seller may correct patent errors herein.
,.., Up`q� CITYUPLAND
. . "The City of Gracious Living"
ltiriiVO
DATE: February 9,2026
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:DAMIEN R.ARRULA,ASSISTANT CITY MANAGER/PUBLIC WORKS DIRECTOR
RICHARD GONZALES,DEPUTY DIRECTOR OF PUBLIC WORKS-UTILITIES
NICOLE DEMOET,ENVIRONMENTAL COMPLIANCE PROGRAMS MANAGER
ERIK STENE,REGULATORY COMPLIANCE SPECIALIST
SUBJECT: CONSIDER APPROVAL OF SEWER SERVICE AGREEMENT 2025-11-12 RECOMMENDED ACTION:
It is recommended that the City Council approve Sewer Service Agreement No. 2025-11-12 for the property at 2473 Highland Road and authorize the City Manager to execute agreement.
GOAL STATEMENT
The proposed action supports the City's goal of providing high quality sewer services to the County's unincorporated area within the City's sphere of influence.
BACKGROUND
On June 13, 1989,the City entered a Memorandum of Understanding with the County of San Bernardino (County) concerning the conveyance,treatment,and disposal of wastewater from the County's unincorporated areas within the City's sphere of influence.
Pursuant to State law,the Local Agency Formation Commission(LAFCO)must approve connections of parcels within the County to the City's sewer system and review the City's service agreements for services outside of the City's jurisdictional boundary.
On December 1, 1998,in the interest of protecting the groundwater supply,the City adopted a policy allowing sewer connections of the County's unincorporated areas to the City's sewer system (in lieu of a septic tank), subject to specific conditions,including:
• Approval of the connection by LAFCO pursuant to Government Code Section 56133. • Payment of all applicable fees;and
• Compliance with the city's construction standards, including storm water protection and prevention regulations(NPDES).
ISSUES AND ANALYSIS
Mr.Robert Castillo and Mrs.Michelle Castillo,owners of the single-family property(2473 Highland Rd.)located in the County's unincorporated area, have applied for a permit to connect to the city's sewer system on Highland Rd.
Their application was reviewed by the city and subsequently submitted to LAFCO. On December 18,2025,LAFCO granted statutory exemption of the proposed sewer service from environmental review and approved the requested sewer service agreement.
The attached Sewer Service Agreement No. 2025-11-12 will permit the owners to connect sewer facilities from their property to the City's sewer on Highland Rd. The agreement stipulates that the owner will be responsible for construction costs associated with the connection. The City will collect all fees applicable to the owner's sewer connection and wastewater discharge,including costs of conveyance,treatment,and disposal.
ENVIRONMENTAL DETERMINATION
The proposed sewer connection is considered categorically exempt (Existing Facilities Section 15303 (d)) under CEQA,as it involves minor alterations to existing infrastructure with no significant impact. The project has also been determined to be categorically exempt by the LAFCO.
FISCAL IMPACTS
All installation costs will be borne by the property owner. After the connection is complete,the owner shall be subject to the monthly sewer service charge,comprising of the City's sewer service fee and pass-through sewerage treatment fee paid to the Inland Empire Utilities Agency.
ALTERNATIVES
Provide alternative direction to staff.
CEQA: Categorically exempt pursuant to Section 15303 (d)(Existing Facilities)of the CEQA Guidelines.
SEWER SERVICE AGREEMENT
No. 2025-11-12
THIS AGREEMENT, is entered into this 12th day of November 2025; by and between Robert and Michell Castillo, hereinafter referred to as "OWNERS", and the City of Upland, a municipal corporation, hereafter referred to as "CITY".
WITNESSETH:
WHEREAS, OWNER holds title to the parcels of real property presently located in unincorporated areas of the County of San Bernardino, and the parcels are further described by legal description and San Bernardino County Assessor's Parcel Number 1003-101-16-0000. The subject real property shall be referenced hereafter as the "Land";
WHEREAS, the Land is within the Sphere of Influence of the CITY; and WHEREAS, the City of Upland and the County of San Bernardino entered into a Memorandum of Understanding on June 13, 1989, allowing the City of Upland to provide sewer service to the county unincorporated area to those requesting it; and WHEREAS, OWNER desires to obtain sewer service for the Land; and WHEREAS, sewer service could be provided to said parcels by connecting to the CITY's sewage system, said system otherwise being available only to properties with the City of Upland corporate limits; and
WHEREAS, CITY's sewage system and the regional wastewater treatment plants have sufficient capacity to convey and treat the sewage generated by the Land; WHEREAS, CITY is willing to allow connection of the Land to its sewage system, due to the fact that the Land is within CITY's Sphere of Influence; and WHEREAS, the covenants and conditions set forth herein shall create a binding covenant running with the land upon the Land, and shall be fully binding upon OWNER's heirs, successors and assigns.
NOW, THEREFORE, the parties hereto agree as follows:
SECTION I: OWNER Agrees:
1. To construct, at their own cost and expense, the sewer main extensions and or appurtenances thereto, connecting the subject property to the CITY's sewer system.
2. To pay all fees and charges and make all deposits required by CITY to connect to and use the sewer, and further agrees to be bound by all CITY ordinances, rules and regulations respecting the sewage system. The service charge for the sewer users subject to this agreement is anticipated to be 1.5 times the normal rate or fees paid by users within the city limits. The additional monies are required to offset additional costs to provide the services outside of the CITY's corporate boundary.
3. To comply with Section 13.32.140, "General Restrictions and Prohibitions on the Use of the Community Sewers" of the Upland Municipal Code, relating to the discharge of materials into CITY's sewage system, and all other applicable County, State, Federal or district regulations applicable to discharges.
4. To make application to the Local Agency Formation Commission (LAFCO) and pay all applicable fees, for approval to connect to CITY's sewage system, pursuant to Section 56133 of the Government Code.
5. To make application to the County of San Bernardino for Road Excavation Permits as applicable and comply with all permit conditions under which the connection shall be made.
6. To make application to CITY for a Sewer Connection Permit and comply with the permit terms and conditions under which the connection shall be made and maintained.
7. That no connection to the CITY system shall occur until all the requirements of this Agreement, including the actions of third parties have been fully completed.
SECTION II: CITY Agrees:
1. To allow the Land to connect to the CITY's sewage system subject to payment of all applicable fees and permits, and further subject to satisfaction of the terms and conditions of this Agreement.
SECTION III: Be it Mutually Agreed, as follows:
a. City Clerk for CITY shall record the Agreement with the County Recorder. b. The benefit to the Land will inure to the benefit of subsequent owners, their heirs, successors, and assigns, and the agreements, conditions, and covenants contained herein shall be binding upon them and run with the land. c. The approval granted to connect said Land to CITY's sewage system is contingent upon OWNER securing final, unappealable approval from the Local Agency Formation Commission.
d. Indemnification: OWNER shall defend indemnify and save harmless CITY, its elected and appointed officials, officers, agents and employees, from all liability from loss, damage or injury to persons or property, including the payment by OWNER of any and all legal costs and attorney's fees, in any manner arising out of the acts and/or omissions of OWNER pursuant to this Agreement, including, but not limited to, all consequential damages, to the maximum extent permitted by law. e. Assignment: No assignment of this Agreement or of any part or obligation of performance hereunder shall be made, either in whole or in part by OWNER without the prior written consent of the CITY.
f. Independent OWNER: The parties hereto agree that OWNER and its employees, officers and agents are independent OWNERs under this Agreement and shall not be construed for any purpose to be employees of CITY. g. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California.
h. Attorney's Fees: In the event any legal proceeding is instituted to enforce any term or provision of the Agreement, the prevailing party in said legal proceeding shall be entitled to recover attorney's fees and costs from the opposing party in an amount determined by the court to be reasonable.
Entire Agreement: This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representation by any party, which is not embodied herein, nor any other agreement, statement, or promise not contained in the Agreement shall be valid and binding. Any modification of this Agreement shall be effective only if it is in writing signed by all parties.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective officials thereunto duly authorized.
OWNERptQao CITY OF UPLAND
By: By:
Robert Castillo, Owner Michale Blay, City Manager for Bill Velto, Mayor
By: Cet i�(��/LU
Michelle Castillo, Owner ATTEST:
Keri Johnson
City Clerk
•� '. . is
ill _: , SENT VIA U.S. MAIL AND E-MAIL
December 15, 2025
LAFCO
Michael Blay, City Manager
City of Upland
Local Agency 460 N. Euclid Avenue
Formation Commission ,b Upland, CA 91786
;.:,: ..,..Li.S ,;,-(,'...
Dear Mr. Blay:
RE: City of Upland Sewer Service Agreement No. SSA-2025- 11-12 (1003-101-16)
LAFCO has received the proposed out-of-agency service agreement COMMISSIONERS for sewer service from the City of Upland. The area to be served is :E�:-•-. located at 2473 Highland Road (APN 1003-101-16) in the City of Upland's northern sphere of influence, in the unincorporated community F..[Lt P-14A,t.- commonly known as "San Antonio Heights." The application submitted is determined to be complete and has been assigned the following identification number: LAFCO SC#555.
Pursuant to the provisions within Government Code Section 56133 and policies adopted by the Local Agency Formation Commission, our --- review of the application submitted by the City of Upland shows that an -- = f -_ �• administrative approval by the Assistant Executive Officer can be ` provided. The determinations related to the agreement are:
ALTERNA.' , 1. The agreement is non-development related and meets the Ass an'Of 3"' -
eo.c criteria outlined within the Commission's guidelines for response Of -
a,;S ,,,.: to health and safety concerns. The agreement proposes to t'''"""`.` provide sewer service to a parcel comprising of 0.82 +/- acre '"'"'".s, generally located on the north side of Highland Road (2473 1,E•.:11 I.Eld_EV I Highland Road), with an existing single-family residence. sc.a.I ,2
2. The agreement has been determined to be categorically exempt from environmental review. It has been determined that the agreement falls under the Class 3 Categorical Exemption, Section 15303(d) of the California Environmental Quality Act EXECUTIVE OFFICER Guidelines as it relates to the connection of existing structure(s) •_Ei1 ¢*=, to existing infrastructure. A Notice of Exemption has been filed.
3. The area to be served by agreement is within the sphere of influence assigned to the City of Upland. The signing of the agreement anticipates that a future change of organization will LEGAL COUNSEL take place in compliance with State law and Commission policy.
LAFCO SC#555
Mr. Blay
4. The LAFCO filing fee of$650 for this review has been paid.
In keeping with the determinations outlined above, the City of Upland is hereby authorized to proceed to provide the requested sewer service through final action on the service agreement.
Should you have questions concerning this correspondence, please do not hesitate to contact our office at the number listed above.
Sincerely,
MICHAEL TUERPE
Assistant Executive Officer
Enclosure
cc: Erik Stene, Regulatory Compliance Specialist, City of Upland w/ encs.
Roberto and Michelle Castillo, Property Owners
Clerk of the Board of Supervisors
SAN BERNARDINO
COUNTY CEQA Document Filing
SAP Transfer Request
Please complete the following information and submit to the Clerk of the Board with the associated CEQA documentation for filing.
Clerk of the Board staff will initiate a Journal Transfer (ZJ) in SAP for department staff approval.
Department Name _ Local Agency Formation Commission Department Contact Gavin Centeno
Contact Phone Number 909-388-0480
Project Name LAFCO SC#555 — City of Upland Sewer Service Agreement No. SSA-2025-11-12 (1003-101-16)
Approved by the Board of Supervisors Board Meeting Date [ Agenda Item Number (if applicable)
General Ledger Amount Cost Center/Internal Order/WBSE Text 52002424 $50.00 8900005012 NOE - LAFCO SC#555 Special Instructions:
Arturo Pastor _ 12/16/2025
Requestor Name Requestor Signature Date
Michael Tuerpe 12/16/2025
Department Approver Name Departme Approver Signature Date Clerk of the Board use:
Processed by: _ Date Document Number
Rev.1-18-24
LOCAL AGENCY FORMATION COMMISSION
FOR SAN BERNARDINO COUNTY
1601 E. 3rd Street, Suite 102, San Bernardino, CA 92415-0490 (909)388-0480 • Fax(909)388-0481
[email protected]
www.sbclafco.org
DATE: December 16, 2025
FROM: MICHAEL TUERPE, Assistant Executive Officer � �^ TO: FILE
SUBJECT: ENVIRONMENTAL ANALYSIS FOR LAFCO SC#555
The City of Upland has submitted an application for the provision of sewer service outside its corporate boundaries as permitted by Government Code Section 56133. The out-of-agency service agreement will initiate sewer service to an existing single-family residence within the City of Upland's northern sphere of influence, in the unincorporated community commonly known as "San Antonio Heights."
The application is identified as follows:
LAFCO SC#555 — City of Upland Sewer Service Agreement No. SSA-2025-11- 12 (1003-101-16)
The parcel to be served is generally located on the north side of Highland Road (2473 Highland Road). The parcel (APN 1003-101-16) comprises approximately 0.82 acre and has an existing single-family residence on it that is currently served by an on-site septic system. Sewer service is to be provided by the City of Upland from an existing 8-inch sewer main in Highland Road.
The purpose of the City's request is to alleviate a potential health and safety concern associated with the septic system that serves this lot. The City's application was reviewed and determined to meet the criteria outlined within the Government Code and Commission policy for out-of-agency service agreements.
As outlined within the California Environmental Quality Act (CEQA) and the Commission's adopted environmental guidelines, the provision of sewer service to this lot is categorically exempt from CEQA. This exemption is outlined within CEQA Guidelines Section 15303(d) (Class 3 category) that addresses extensions of water mains, sewer mains and other extensions of reasonable length to serve such construction.
LOCAL AGENCY FORMATION COMMISSION
FOR SAN BERNARDINO COUNTY
NOTICE OF EXEMPTION
CALIFORNIA ENVIRONMENTAL QUALITY ACT
TO: FROM:
Clerk of the Board of Supervisors Office of Land Use & Climate Local Agency Formation Commission County Government Center Innovation 1601 E . 3rd Street, Suite 102 385 North Arrowhead Avenue State Clearinghouse San Bernardino, CA 92415-0490 San Bernardino, CA 92415-0130 (Submitted Online)
PROJECT TITLE: LAFCO SC#555 — City of Upland Sewer Service Agreement No. SSA-2025-11- 12 (1003-101-16)
PROJECT LOCATION: An existing single-family residence located on the north side of Highland Road (2473 Highland Road), within the northern sphere of influence of the City of Upland, in the unincorporated community commonly known as San Antonio Heights, San Bernardino County.
DESCRIPTION: Approval of a service extension agreement submitted by the City of Upland to provide sewer service to the parcel identified in the project location (Assessor Parcel Number 1003-101-16)
************************************************************************************************************** PUBLIC AGENCY APPROVING THE PROJECT: Local Agency Formation Commission AGENCY CARRYING OUT PROJECT: City of Upland
EXEMPT STATUS AND REASONS: The Assistant Executive Officer of the Local Agency Formation Commission has determined that the approval of LAFCO SC#555 is categorically exempt from environmental review. The Assistant Executive Officer determines that approval of the service extension agreement falls under the Class 3 Categorical Exemption, Section 15303(d) of the State California Environmental Quality Act Guidelines, as the agreement relates to sewer connection (extension) to serve existing structures. Therefore, this proposal is not subject to environmental review under the provisions of the State CEQA Guidelines section cited above or the Commission's adopted CEQA Guidelines.
CONTACT PERSON: Local Agency Formation Commission Staff Phone: (909) 388-0480
DECISION DATE: December 16, 2025
/ ‘V
{ICHAEL TUERPE
Assistant Executive Officer
cc: Erik Stene, Regulatory Compliance Specialist, City of Upland
of UA.4
S .
r.,
s,
-� .I' . , 'f
Public Works Department
Environmental Division
1370 N. Benson Avenue
Upland, CA 91786
Telephone (909) 291-2971
November 20, 2025
Mr. Samuel Martinez, Executive Officer
Local Agency Formation Commission
175 West Fifth Street, 2nd Floor
San Bernardino, CA 92415-0490
Dear Mr. Martinez:
The City of Upland hereby requests that the Local Agency Formation Commission consider the proposed contract for service attached to this letter pursuant to the requirements of Government Code Section 56133.
This agreement is for the extension of sewer services to an existing single-family residence. Attached to this letter is a full application with the required exhibits, as defined by your policies.
Sincerely,
CITY OF UPLAND
PUBLIC WORKS DEPARTMENT
ERIK STENE
REGULATORY COMPLIANCE SPECIALIST
Encl.: Application for extension of service by contract.
Required exhibits
(FOR LAFCO USE ONLY)
SAN BERNARDINO LAFCO
APPLICATION FOR
EXTENSION OF SERVICE BY CONTRACT
(A certified copy of the City Council/District Board of Directors resolution or a letter from the City Manager/General Manager requesting approval for an out-of-agency service agreement must be submitted together with this application form.)
AGENCY TO EXTEND SERVICE:
AGENCY NAME: City of Upland
CONTACT PERSON: Erik Stene
ADDRESS: 1370 N Benson Ave, Upland CA 91786
PHONE: 909-376-2603
EMAIL: [email protected]
CONTRACTING PARTY:
NAME OF
PROPERTY OWNER: 611Qr+artc+ t the Crivio iQ
CONTACT PERSON: R,f.)4mrt-a (ajh t i 0
MAILING ADDRESS:
uoct.„A r A cl 1-1 4
PHONE: iOq� l f"11 (o 1
EMAIL: evrirAAl e robeA--6,4 v-ItcM et e . uS
ADDRESS OF PROPERTY
PROPOSED FOR CONTRACT: c"\\--1 Ty
2473 Highland Rd. Upland, CA-911-7-86—_
CONTRACT NUMBER/IDENTIFICATION:
PARCEL NUMBER(S): 1003-101-16-0000
ACREAGE: 0.82
Extension of Service by Contract
Application Form (FOR LAFCO USE ONLY)
The following questions are designed to obtain information related to the proposed agreement/contract to allow the Commission and staff to adequately assess the proposed service extension. You may include any additional information which you believe is pertinent.
Please use additional sheets where necessary.
1. (a) List the type or types of service(s)to be provided by this agreement/contract.
2. 3. Sewer and wastewater conveyance services from an existing residential building currently served by a private sewage disposal system (septic tank).
(b) Are any of the services identified above "new" services to be offered by the agency? ❑ YES ® NO. If yes, please provide explanation on how the agency is able to provide the service.
4. Is the property to be served within the agency's sphere of influence? ® YES ❑ NO
5. Please provide a description of the service agreement/contract.
The proposed agreement authorizes the property owner to connect the existing single-family residences sewer lateral to the City of Upland's sewer main on Highland Road. In return, the City of Upland is granted the right to assess and collect all applicable connection fees, capacity charges, sewer service fees, and any other charges related to the discharge, conveyance, treatment, and disposal of wastewater from the existing residence through the City's sewer system and the regional treatment facilities.
6. (a) Is annexation of the territory by your agency anticipated at some point in the future? ❑ YES ® NO. If yes, please provide a projected timeframe when it anticipates filing an application for annexation of territory that would include the area to be served. If no, please provide an explanation as to why a jurisdictional change is not possible at this time.
No; recent discussions with the homeowners association and property owners in San Antonio Heights indicate their lack of interest(if not outright opposition) to annexation to the City of Upland.
Extension of Service by Contract
Application Form (FOR LAFCO USE ONLY)
(b) Is the property to be served contiguous to the agency's boundary? ❑ YES ENO. If yes, please provide explanation on why annexation to the agency is not being contemplated.
7. Is the service agreement/contract outside the Agency's sphere of influence in response to a threat to the public health and safety of the existing residents as defined by Government Code Section 56133(c)?
❑ YES x0 NO. If yes, please provide documentation regarding the circumstance (i.e. letter from Environmental Health Services or the Regional Water Quality Control Board).
8. (a) What is the existing use of the property?
Single Family Residence
(b) Is a change in use proposed for the property? ❑ YES ❑ NO. If yes, please provide a description of the land use change.
9. If the service agreement/contract is for development purposes, please provide a complete description of the project to be served and its approval status.
Extension of Service by Contract
Application Form (FOR LAFCO USE ONLY)
10. Are there any land use entitlements/permits involved in the agreement/contract? ❑ YES LINO. If yes, please provide documentation for this entitlement including the conditions of approval and environmental assessment that are being processed together with the project. Please check and attach copies of those documents that apply:
Tentative Tract Map/ Parcel Map ❑
Permit(Conditional Use Permit, General Plan Amendment, etc.) ❑ Conditions of Approval ❑
Negative Declaration (Initial Study) ❑
Notice of Determination (NOD)/Notice of Exemption (NOE) ❑ Department of Fish and Game (DFG) Receipt ❑
Others (please identify below) ❑
11. Has the agency proposing to extend service conducted any CEQA review for this contract? ❑ YES ONO. If yes, please provide a copy of the agency's environmental assessment including a copy of the filed NOD/NOE and a copy of the DFG Receipt.
12. Plan for Service:
(a) Please provide a detailed description of how services are to be extended to the property. The response should include, but not be limited to, a description of:
1) capacity of existing infrastructure, 2)type of infrastructure to be extended or added to serve the area, 3) location of existing infrastructure in relation to the area to be served, 4) distance of infrastructure to be extended to serve the area, and 5) other permits required to move forward with the service extension.
The existing residential unit will be connected to the existing City of Upland sewer system (3-inch VCP sewer main- 1.5% slope - 300 gpm @ 50% cap.) east & west along Highland Rd.. The owner will install a 4" wye & lateral at the existing sewer main towards the property and the building connection. The owner will pay for the cost of the improvements and applicable fee's. Permits needed as follows:
1. City of Upland construction permit
2. City of Upland Bldg. Dept. House Connection permit
3. City of Upland street/lane closure permit
4. SB County roads Dpt. Permit
5. SB County building Dpt. permit
Extension of Service by Contract
Application Form (FOR LAFCO USE ONLY)
(b) Please provide a detailed description of the overall cost to serve the property.
The response should include the costs to provide the service (i.e. fees, connection charges, etc.) and also the costs of all improvements necessary to serve the area (i.e. material/equipment costs, construction/installation costs, etc.).
Description of Fees/Charges Cost Total
Capital Cost Recovery $176.14 $176.14
Sewer Facilities Expansion Fees $1,305.00 $1,305.00 (SSFSF=$1305/Unit=1
Reimbursement Agreement(Harris Dev.A-11334) $5871.58 $5,871.58 Total Costs $7,352.72
(c) Please identify any unique costs related to the service agreement such as premium outside City/District rates or additional 3rd-party user fees and charges (i.e. fees/charges attributable to other agencies).
Sewer Reimbursement Agreement—A-11334 -San Antonio Heights Estates Harris Development, Harris Development— 185 E. Paularino Ave Ste D Costa Mesa, CA 92626
Extension of Service by Contract
Application Form (FOR LAFCO USE ONLY)
(d) If financing is to occur, please provide any special financial arrangement between the agency and the property owner, including a discussion of any later repayment or reimbursement(If available, a copy of the agreement for repayment/reimbursement is to be provided).
N/A
11 Does the City/District have any policies related to extending service(s) outside its boundary? OYES ❑ NO. If yes, has a copy been provided to LAFCO? ❑ YES ® NO. If not, please include a copy of the policy or policies (i.e. resolution, municipal code section, etc.) as part of the application.
UMC: 13.24.090 Included with application
,cam + a z* ',4't✓gk$a..w
CERTIFICATION
As a part of this application, the City/Town of Upland , or the District/Agency agree to defend, indemnify, hold harmless, promptly reimburse San Bernardino LAFCO for all reasonable expenses and attorney fees, and release San Bernardino LAFCO, its agents, officers, attorneys, and employees from any claim, action, proceeding brought against any of them, the purpose of which is to attack, set aside, void, or annul the approval of this application or adoption of the environmental document which accompanies it.
This indemnification obligation shall include, but not be limited to, damages, penalties, fines and other costs imposed upon or incurred by San Bernardino LAFCO should San Bernardino LAFCO be named as a party in any litigation or administrative proceeding in connection with this application.
The agency signing this application will be considered the proponent for the proposed action(s) and will receive all related notices and other communications. I understand that if this application is approved, the Commission will impose a condition requiring the applicant to indemnify, hold harmless and reimburse the Commission for all legal actions that might be initiated as a result of that approval.
2473 Highland Rd. Sewer Connection Estimate
,. ,- 1•00.--- ,,-, ,
klillit.14 _, •
11111141111 - . •
114
1111.. ..,4,...u. ....,-
.. le. .
•
Li.. .44k PA . ..1 '' '- -' • Mfr.' ' ' - . '11 6 D i
II.. -11A,el
' VW UMMINF IP - -;• 44•4 IA.4..'. . . i:,:..'4.4.,- - ---_, ,.
- ,-- E'25th S - 41111 I -- ar7 07 e'''-•;.-------‘ " 1111110111111111 Ak,44
_
- .-4,
.._,...-.2 11610,0
. ,
111111 - 111 'laid
t, gm —,, ._ , r .0 ''.
4 .'" .. L
.41.1,1*- ''''
~ - t
i
'
. - - . ....11 . . . - At_ • 1 • .- w i.,4 •. " - ,, , v
- iriti ill___Zlir4146" iwill:h.
• 1
IR. nit so 4,
,i . s
: sa
.. .0,
L.,
0 , .
..
.9•1"10 • . ,. d :7' - ---
Po
41.°16144- a,.
-"-'4 w A f ,13%
.., , .- _ _-. ( , . .,....-, _, 24'13 1 i • ik - . 4111"r-,,DO . ..,. r , • „,,, . A ....,
.-
:74' . ,..—. ir
-,-, t• - -411 '' ' 4111F1111.107411" it, :re,' ',,,, ii,ir, ' NeEPOH: . , IF / i, ' 4 , ;;' 1 l'' • .1. 1-'
s 1
' "'"'"•-.. r-.4. 11 "2:
10"
A4;
yo,
4 „ . • , k, ,..
I :
NC, I i• 1116.
lit Al• . r 11 4 . "' i;
. . ire_.... .-.0,,, ..., i i .,,
- 6r.' Ire* ". .6).-- -- ' ' '
• , .,,,.. .
i.... • ' ;* i' 4); 1."-- ir ..4" -.!:)1""` 1,-, . • - . .1Ik • 24,5.4
248,4:
„. . .. .. ..,. --.___.‘*,-'1* • *Aff;4' Ai: . i ,* _ ' ". . 40 • -, ,i-ii :..4.',8.- s A. - • i . -it rik\ - •
. .-4 14' •-/44%6 , ,_
Ivor- -, • ''".7. • _ .7;•••i. - ..- ... • .e . ..,, , , • iitg,• ..
•• ,--, . ._
. . - i , • . . .
, ,
, .-.1. /0, - 7),...17.!! , c!.'. • ,.. _.-1 , 4/;:jy,... f . , 7.40, -,.1 gi%•0111010%V, \ -,v . ,
..,t , , . t -, . Nor •-•.,-,i ?.:1-K . ojg inillik .._ % . : , \;\,, ,
.. ....,'
t P.1 . - I 't ' ''' , ‘,
, . .., ;.,,, 241..),_-4. . , ,,....- 8...< •1, i, • • ..414-._ ! * .:2•V-P-4 11 Y ' i
...
It'`W.' •''' 4 4," 4 . IA . f
jti'• .1)l_k ... '': ..1) Oliirl- IN"' T- . 1. 't ..- ;1/4/ / . *4 '' ik I 6. Ili - - -` • .., ' . * ' '' -,-..iss- F.,,q4i its... .„,,,,- -,."-*24.4.5 .... , Vir I,.
-4 • '- 1,--, ri.,,, .... .!
',-, 4,-, ,,,, / -•• . __ ..
s ,"../../5/'..
I 414-.v- -`' . 4 Alibtik- -...„
.ilr 1.
•
. \A\ 'a -- vilP • ---.
II. 4...:-.?:,-4711 .• -- - _A .„,7•- /ik 6,:ii.t16.eli • ••• il , • ' . ;II& .. . - ... .e, ....... , i 1:1
co
co g.ry.-ii%
co
= 160 ft Vicinity Map 10/23/2025
(0
0 (J.) This map may represents a visual display of related geographic information.Data provided here on is not guarantee of actual field conditions.To be sure of complete accuracy,please contact the responsible staff for most up-to-date information.
co
SEWER SERVICE AGREEMENT
No. 2025-11-12
THIS AGREEMENT, is entered into this 12th day of November 2025; by and between Robert and Michell Castillo, hereinafter referred to as "OWNERS", and the City of Upland, a municipal corporation, hereafter referred to as "CITY".
WITNESSETH:
WHEREAS, OWNER holds title to the parcels of real property presently located in unincorporated areas of the County of San Bernardino, and the parcels are further described by legal description and San Bernardino County Assessor's Parcel Number 1003-101-16-0000. The subject real property shall be referenced hereafter as the "Land";
WHEREAS, the Land is within the Sphere of Influence of the CITY; and WHEREAS, the City of Upland and the County of San Bernardino entered into a Memorandum of Understanding on June 13, 1989, allowing the City of Upland to provide sewer service to the county unincorporated area to those requesting it; and WHEREAS, OWNER desires to obtain sewer service for the Land; and WHEREAS, sewer service could be provided to said parcels by connecting to the CITY's sewage system, said system otherwise being available only to properties with the City of Upland corporate limits; and
WHEREAS, CITY's sewage system and the regional wastewater treatment plants have sufficient capacity to convey and treat the sewage generated by the Land; WHEREAS, CITY is willing to allow connection of the Land to its sewage system, due to the fact that the Land is within CITY's Sphere of Influence; and WHEREAS, the covenants and conditions set forth herein shall create a binding covenant running with the land upon the Land, and shall be fully binding upon OWNER's heirs, successors and assigns.
NOW, THEREFORE, the parties hereto agree as follows:
SECTION I: OWNER Agrees:
1. To construct, at their own cost and expense, the sewer main extensions and or appurtenances thereto, connecting the subject property to the CITY's sewer system.
2. To pay all fees and charges and make all deposits required by CITY to connect to and use the sewer, and further agrees to be bound by all CITY ordinances, rules and regulations respecting the sewage system. The service charge for the sewer users subject to this agreement is anticipated to be 1.5 times the normal rate or fees paid by users within the city limits. The additional monies are required to offset additional costs to provide the services outside of the CITY's corporate boundary.
3. To comply with Section 13.32.140, "General Restrictions and Prohibitions on the Use of the Community Sewers" of the Upland Municipal Code, relating to the discharge of materials into CITY's sewage system, and all other applicable County, State, Federal or district regulations applicable to discharges.
4. To make application to the Local Agency Formation Commission (LAFCO) and pay all applicable fees, for approval to connect to CITY's sewage system, pursuant to Section 56133 of the Government Code.
5. To make application to the County of San Bernardino for Road Excavation Permits as applicable and comply with all permit conditions under which the connection shall be made.
6. To make application to CITY for a Sewer Connection Permit and comply with the permit terms and conditions under which the connection shall be made and maintained.
7. That no connection to the CITY system shall occur until all the requirements of this Agreement, including the actions of third parties have been fully completed.
SECTION II: CITY Agrees:
1 . To allow the Land to connect to the CITY's sewage system subject to payment of all applicable fees and permits, and further subject to satisfaction of the terms and conditions of this Agreement.
SECTION III: Be it Mutually Agreed, as follows:
a. City Clerk for CITY shall record the Agreement with the County Recorder. b. The benefit to the Land will inure to the benefit of subsequent owners, their heirs, successors, and assigns, and the agreements, conditions, and covenants contained herein shall be binding upon them and run with the land. c. The approval granted to connect said Land to CITY's sewage system is contingent upon OWNER securing final, unappealable approval from the Local Agency Formation Commission.
d. Indemnification: OWNER shall defend indemnify and save harmless CITY, its elected and appointed officials, officers, agents and employees, from all liability from loss, damage or injury to persons or property, including the payment by OWNER of any and all legal costs and attorney's fees, in any manner arising out of the acts and/or omissions of OWNER pursuant to this Agreement, including, but not limited to, ail consequential damages, to the maximum extent permitted by law. e. Assignment: No assignment of this Agreement or of any part or obligation of performance hereunder shall be made, either in whole or in part by OWNER without the prior written consent of the CITY.
f. Independent OWNER: The parties hereto agree that OWNER and its employees, officers and agents are independent OWNERs under this Agreement and shall not be construed for any purpose to be employees of CITY. g. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California.
h. Attorney's Fees: In the event any legal proceeding is instituted to enforce any term or provision of the Agreement, the prevailing party in said legal proceeding shall be entitled to recover attorney's fees and costs from the opposing party in an amount determined by the court to be reasonable.
Entire Agreement: This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representation by any party, which is not embodied herein, nor any other agreement, statement, or promise not contained in the Agreement shall be valid and binding. Any modification of this Agreement shall be effective only if it is in writing signed by all parties.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective officials thereunto duly authorized.
OWNER A CITY OF UPLAND
7/C (le
By: By:
Robert Castillo, Owner Michele Blay, City Manager for Bill Velto, Mayor
By: ✓ ikt C0',xvtco
Michelle Castillo, Owner ATTEST:
Keri Johnson
City Clerk
r „w •
THIS MAP IS FOR THE PURPOSE P t n . San Antonio Heights , M . B . 4 / 4 8 Upland Outside 1003 — q I 0 OF AD VALOREM TAXATION ONLY. Tax Rate Area 113010
1127
axs�ixx RDINB
il.
/,ram ....
(11)
� — EAST (R.S. 16/72)
T- -2S-TN--- - - - - - - - - - - — - — - - - - - - — - - - — — - - — — —STREH — — — — \ 1 100 100 160 153 150.3 150.3 153 160 124 54.88 11)
I 33 ��
0 02 0 0 14 20 0 OS o JP Par. 1 Par. 2 o m
o 0 0 - r
''CiO N
!`` a R
►� �e. `rya 33
•
12 ,1
�, r
13 18 10 168.97
NO- 53 Q .
•
11 14 17 7
,�o >>a Par. 3 /
00 /
\ 10 so 15 BLK. 16 an 2 �� s 9 28 3 ,
8 so ao 4 /
80.05 /
15 7 101 5 12
O O �,/
' (o8)
Par. 1
4:11) O 3 4
23 0•\ 16 O
/
O \`
`1 ° /
\ 'so .. ��'
\ 70.76 /
O
06 13
N
N
N
N 33 Par. 2 0
35 /So `50 ^a`
ctrA
i Tp2pf3
KA
'"`- — �- 006/010/113 2 RM
Assessor's Map
Parcel Mop No . 18524 , P . M . 240/ 10- 11 Ptn. S.W.1/4, Sec. 20 Book 1003 Page 10 August 2004 Parcel Mop No . 8544 , P . M . 89 / 73-74 T.1N., R.7W. San Bernardino P ge105of379 (0) County
2473 Highland Rd. Sewer Connection Estimate
IP.1, .1.--11.=.11.! iiiiie:}jail: ii,..„,..„
iiiiiii,,
it.
or:. ,) -., . i,riori., _,_i.iw,,,,,r •
_ I 5
lk 7)11e.1 lin .:Iii;-I , I =Ss. _- --r. :
__ r _ .. • 1 - 'ke .1 kl
..
!.;a r.w...F.4,.e s.-r .711:i . . . 141 ill . _ . !Iilitir ----. ' .d
- Fw. .-...,e'l'i. . :% '.1:
. . . .Cr:112"14 '11-1211:::. ., '"c I' . ......1.'‘FAt , 7.01'141015411,i .-11' .-JD ' !ri rill) w_.... .•• L +..1.,1! . I . ' :1114111‘. --- -.." V= .L4'. ,....1. ...-...7 7 Ili.!MIMI'''.11.31 l'' Pit -L. '' fl....11111:...t' 111 f"-.... .40
. ... , ...4, ,- .. 4 4fr . 477.. • 1 ? # 1.1\•• .• \ . ' • ' .4.4 1 riff •• , - 4 . .i. ••••• •' i . ' 'it.•-:-•-;.....3' . \„,,‘:.k ..,:. . , 1 r. V.V. . . -dir. 1101114 1 4,,,-- 1.,.;,-141. air . ..1.• or 4101 / 2. , • \l'k'N• .• %, .• \tig:
4F• z.-..„...,.
I {} --_,_ _.„.•. ;„
{
,1•••• ..1...„...
�� 1 .wL1 �14' 4 '429* J i .,_ \ •§4L..i.i. ..•
..7'• w_•-e I,,...„,.,., . _- p, ._ r— .,,•
,,,....,...„,„ie..,,.I,,.,.'-..'....„... _. t -' - I. . .•}.'.. i
• ,
,_.., ,-.
i ' -. _ 1 r 4 .4 Iti h eII,; ..,
-v 4 r 324
NA
- , S4 1 .4 • }L..; , ._-.,ill ik r . i. II 1 . 14. . } _ • ii
Is :r . i ..y v� �2S 1 _ 'k, A-- - ° S ■ i}A 4 ',1.. 'tea �1 •• 4'� .T. ,.. M1 - ;.' ' 4. {+• 4.t1 , •
p 4
Var-4.. .1 .1. . t 3.:„•„.... . .. ... -," • \ . .......• ... . 5r)-a . ‘. •••. • , , '`f•-•A,..:- r-f , •• . -- i''''' 4 ili. fit' ;r t J i ., f '= 'o- 715 41,0'
= IL • ■ SFr • a
..1....,::!36'• !.... 4 s'.7-c.' = ; -
IL. .. , i . ,..z..,_,_. , ... _ 6.LI \ -',/ - I:-.. . • - --41011724;'1'. • ? 1" = 160 ft Vicinity Map 70/23/2025
Yi,FONT
I.
This map may rep resents a visual display of related geographic information.Data provided here on is not guarantee of actual field conditions-To he sure of complete accuracy,please contact the responsible staff for most up-to-date information. r OgC 106 of 379
A G R E E M E N T
Prr 411 1,,
THIS AGREEMENT, made and ei►tered into this day of a , 1982 by and between the CITY OF UPLAND, a municipal corporation, State of California, herein- after called the City, and (name) SAN ANTONIO HEIGHTS ESTATES, a General Partnership (adress) 521 North Mountain Avenue, Suite A, Upland, California 91786 hereinafter called the Contractor,
WITNESSETH `
FIRST: That the Contractor, for and in consideration of the approval by the City Council to connect that certain development known as TR 11334 to the City of Upland sewer system, has heretofore agreed at his (its) own cost and expense, to furnish all engineering , testing, inspection, equipment, labor, and material necessary to perform and complete in a good and workmanlike manner for the City of Upland for Public Us.., the frOletwP.,g work and improvements, to Wit: The construction of sanitary sewers and appurtenances thereto, under a Private Contract located in Cliff Road, Prospect Drive, Highland Road and Ocean View Court all north of 24th Street
inside and outside of said development, according to plans and profiles filed in the office of the City Engineer and designated as Drawing Number(s) SS-80-38, Sheets 1-4 , and has done all work incidental thereto according to the standards and specifications which are also on file in the office of the City Engineer. That said work has been inspected by and performed to the satisfaction of the City Engineer of the City of Upland, and has been approved and accepted as completed by the City Council of the �
City. Thal billings and statements establishing the cost_of said work and mprvvs- ments have been delivered to the City Engineer and that the actual cost of said work and improvements has been determined to be One Hundred Thousand Six Hundred Ninety- Six 90/100 ' Dollars 0100.696.90 ).
SECOND: That the CITY hereby agrees to reimburse the CONTRACTOR for that portion (City and Contractor agree that $46,520.69 is the current portion of adjusted cost on which to base maximum possible reimbursement.) of the sewer or sewer facilities hers constructed which will be used is the disposal of sewage from property not in Aalgili Maoftwapaaam mga to '3E of the adjasted total =az of the sooe. in: tA''".a- io:. which is in excess of the amount c., el.sur to with the benefits derived by said Development, and subject to the . ..7:/-4-.s set forth hereafter. All amounts for each incremental reimbursement shall be computed by applying the following factor to the actual costs incurred by the Contractor: actual cost multiplied by the ratio of the current cost index for sewer construction as determined by the City Engineer to the cost index at the time of construction; from the amount so determined deduct -1- Page 107 of 379
• At e
JR to cover administrative costs occasioned by the City. Any excess collected over said amount to be retained by the City, and that the City Council shall collect from any person other than the CONTRACTOR having property abutting, or directly connecting to, said sewer, and using said facilities for the disposal of sewage, a reasonable charge for connection to such sewer, such connection charge to be at the rate determined by benefit units, as established by the City Engineer„for property abutting, or connecting to, said sewer facility, said charge shall be rebated to the CONTRACTOR in an amount determined as hereinabove indicated to return an equitable cost of the construction of said sewer.
That the CONTRACTOR shall file for reimbursement for said portion of the sewer or sewer facilities constructed outside of said Development in the amount not to exceed said total off-site cost to the CONTRACTOR; provided, however, that said claim shall be paid only in accordance with the provisions of paragraph "TBI RD".
The CONTRACTOR shall furnish the City Engineer itemized rer.e .,roe bills covering all total costs of said work from which the total cost of the sewer facilities included in said work can be determined and the amount of the reimbursement ascertained,
THIRD: That it is agreed that the CITY will reimburse the CONTRACTOR for the cost of construction of sewer facilities in excess of the benefits to said Development as provided in paragraph "SECOND". That the CONTRACTOR shall be reimbursed in an amount equal to fees collected by said CITY from the connections to the sewer described in paragraph "FIRST" herein. The CONTRACTOR shall continue to receive reimbursement until such time as the cost of said construction has been paid, as provided in pare- crash "SECOND" The balance, if anv of said ti , fees shall be placed in the Sewer Mains Extension Fund of said CITY.
It is agreed that payments made to the CONTRACTOR will be mailed to the CONTRACTOR at the address given in the first paragraph hereof, or to the successors in interest or assigns of the CONTRACTOR.
agreed and n erstoo.7 between the CITY and the
It �., understood between CONTRACTOR that the relulbLlrS`C- _.,...t provided for in this agreement shall not be a charge against the general funds - -__ CTTY or any other funds of the CITY and shall not bear interest, and that the _ACiOR shall look only to payment made or reasonable fees collected for the .._ -.r.ections to said sewer facilities in excess of the benefits to said Development, s .;er line being described in paragraph "FIRST" herein. -- said CITY shall not, nor any officer or employee thereof, be liable property injured by reason of the nature of said work, but all of
/
.-''. liabilities shall be assumed by the CONTRACTOR. The CONTRACTOR further agrees to hold the CITY harmless from any liability or damages arising out of said work r ' ' and to protect said CITY and the officers thereof from all liability or claim because of, or arising out of, the use of any patent or patented article in the construction of said work. •
IN WITNESS WHEREOF, said Contractor has affixed his (its) name (and seal) and the City Council of the Said City of Upland, has authorized this Agreement to be executed for and on behalf of said City by its Mayor and Clerk, and its corporate seal hereunto affixed, the day and year first hereinabove written.
SAN ANTONIO HEIGHTS ESTATES, a General Partne
ship, BY-: C/L BUILDERS-DEVELOPERS_, INC., a
Californib Corporatip{n, as Partner
By � )�{�f v�
nacy,u. Himes; vice President
• By 4/.
Rv
CITY Ok' UPLAND
A Municipal Corporation
By
ATTEST: �- --- -
CITY CLERK
APPROVED:
CITY ATTORNEY
DATED: Qt_ {7j 19 O
4 -14 ..e,
•
Aro • ,�eo,� to c/4rrfo4 , C
2-00 f 027;4,00
_/7 /?v t 315,00
/S Zoo 2?2-4.00
biz - /2 ZOO 7L-4,oO
?-ao aid 4. o0
4 / A i79_tin
•to 21.7q nn
-0 3 - ii6; ( 41,c iz) ..-712
%oC I5-0 iC043'0 0
�/ /g .t g5;0. 0O
/D ?_ ',eV_ Al '7qc' /i B2Jg.no
poi-- /y (00 A «l F,ee•(#r4o') /3 62e 0 /50 C :043.CO
-�6 /5-0 O 43.d0
0' 7 /na..T,LIZ_ -) /694,0r,
/VC7E.' f, t3 ai " 4 7, Ifr. /-- L ,42c- ,fAS of y-"3- dA-7
/'`
is-
SEWER REIMBURSEMENT AGREEMENT
TRACT 11334
('.nnc trnctar1 1 qR1
SS-R(1-3R (1-L )
R�� i r' R (d 1 nn% 3nA RA 1 F v $1 9 Qn/Ft = $ ' Qc$1.49 v ••v.a • ` +v v i. ...v v.v.. �.•a • .a y+ •��� a • T +)+r... .� M.H. @ inn% 9 FA v $9R5/FA = 1 Qin_nll R�� V.C.P. (d Sn% 3,138.A9 v $1 9 Qn/Ft v cn% = 9n I/Jr SS v ` .+v/C v .. y A r.i I a • .a ..r v i. a.-r-r•.r..
M V (r 0 16 RA v CaS5/RA .r cn% = 7 A/rn nn aa.1a. ` .JV(O a.V •"•^ A y-JJ(LCL A JV/O ( ,a/Tv•vv T.7..en (ri 1 nn% 6 S RA ., C)A Rn IRA v 1 nn% = 1 71. ) nn ny cO L a.vv 1. v.J a.ca a ya.v.'i•.( ILaa as wv io J. I re.. ..
T2eririir.r a Inn% ' AA R6 v n / AA Tnne/Ft v F, Sn/Tnn = RSR L7 J.ASSY yc.a.aaaab L ivvrc ._.vv•SI .. v•—r.I51T ava.u(a �• as v•..v( a.,.. v...v• . 9°11'1 114.A1l411e (d Sn% 1151 AQ v n (i'Anh Tnne/Ft v SA 5n/Tnn -r 5n'/_ = 'Qn Ln A C Pvmt Re,, r 75n C.F. v $A nnIc F v inn% = 1 cnn nn Fnoircariro Cnete ( T M Wilenn' = 1,999.31 Tnepartinn (('.itv of TTnlanrl) cl 7.0 (77_47 -
TnTAT. = $4A, 59n {iQ
-
•r. Costs/Pt . = 5 , /
: mgr. Costs: 314.86 x 51.72 100/ = 541.56 3206.69 x $1.72 x 507, _ $ 2, 757.75
S 3,299.31 To pp. 'F1
Total Engr. Costs = $6,599.50
Inspection Costs/Ft. = 2000.00 = $0.52/Ft. 3832/Ft.
Inspection Costs: 314.86 x $0.52/Ft. x 100% _ $ 163.73 3206.69 x $0.52/Ft. x 50% = $ 833.74
$ 997.47 To pp. 'F1
Total Inspection Costs = $2,000.00
Dormi f- No 3176
.VvliV tl uL.a..1Vla i C�1uLL V 1, . J1Ll!
•
,. .. < 0°P .',. 11' - - ---
� 5°r°
'Ja
/
G /N 51°
//$0 ! „, .
r. . ,,,,,, / i .\,...
4 °
'1,7--.'---Fi , , 7-------„,
of
F7., ,,,„
3-- �S i;k/J /�/ I°
-- ' % r 5 W
9 3
_-1 �9N� h ,/� I 50a�d
C% a N%ji \ 7l 11 I
/_. ac:/K 1 \ / ?I ' / I .., ►d 5°4I . / s6171 '1 \ / 19 I '` I I I =-I �� � 4 f„ \ y
--�_f I I
=:: _r �- - y\ l a \sue,_ I _ J 10*1 Ni 1
A , ('.- \ 24 / eG .L /1 1...�'1/A 1 ! - \ \/
5 '\ / N. 11/� --7 1,-,1
=1 mdi�'.4\• \/ 20 -,,/7�/,„49 / I _4 _ ,n°V �, / __ a/31'° / I
--�- 9z \ ve\ Z 7 ff/,i`�/ 1
_.J \_ `\V \ // \`/ ' lilt
-*.\ \`k I JINX"/ - I 1
=, \ \ \ a / I
a—
k\ f//Jr- s H
,` cA ,/ •`
1 ?,\{ z l LA lJt i7`rri—�� — --
lo„ A. I �r �� GG_`
.lbw l
I I
6,od4! . -
. 11101 1
rivE/c/ry=-cuRr--� -V ~�r.2Ecr
I
- iia-67 ///5..3 c2.
t/ in Y Al /
/
1
a
11 T i� 334
vc/1 / cc YrV, A4o: 3636 LF'
G4-' 'UC'rat, i4c -i-ey mac.
tV1 t cH /s //si DO/S44_ L am' 4( 5"2d.0 9 1l17x-/VE-c-r ,1 c
r 1 1 lrr-/J �-r-
01-CLUnLt• ����ti �,�,,v 3!1 Lc' 7ll P w.._._41 l j4,-rues. (o 4 /Y?-
d j j --«Gf
•
/11,L4-c,D 6r : 31'4 6 LF
,
$s-So-33
0.56 34 F 44 SQ f, 4 S,2//.,3 t /3.50f4 F
dt; �
-r4/S
(Q�O� ,�0.._,.�.-,r = �1 �4rs_L�
.4 - -vcr'- t �c� Sy;. � _ -
-d.f°P`a e 114 of 379
U~�4OF U_4
4 CITYUPLAND
.�, �. OF
"The City of Gracious Living"
oid
DATE: February 9,2026
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:DAMIEN R.ARRULA,ASSISTANT CITY MANAGER
BOB CRITCHFIELD,ENGINEERING MANAGER
KIRK SWANNER,ASSOCIATE ENGINEER
SUBJECT: CONSIDER APPROVING THE NOTICE OF COMPLETION FOR THE RESERVOIR R-10,R- 11,R-12A&R-13A OVERFLOW AIR GAP INSTALLATION PROJECT
RECOMMENDED ACTION:
It is recommended that the City Council approve the work, authorize the City Manager or designee to record the Notice of Completion,and reduce the Faithful Performance Bond to 10%for the Reservoir R-10,R-11,R-12A&R- 13A Overflow Air Gap Installation Project.
GOAL STATEMENT
The proposed action supports the City's goal to continue to maintain and improve the City's public water and sewer infrastructure and maintain a high standard of public health and safety.
BACKGROUND
On January 27, 2025, the City Council awarded the Reservoir R-10, R-11, R-12A & R-13A Overflow Air Gap Installation Project to RE Chaffee Construction, Inc. and authorized $160,000.00 (including contingencies) for the work. The scope of work included upgrading the existing overflow pipelines to include an air gap to meet current health and safety regulations.
ISSUES AND ANALYSIS
The contractor has since satisfactorily completed the required improvements.The City can now approve the work,file the Notice of Completion,and reduce the Faithful Performance Bond to 10%. The City will retain the Labor materials Bond for six(6)months and release it,thereafter,provided no liens or stop notices are filed against the project. The final construction cost was$142,086.15.
ENVIRONMENTAL DETERMINATION
The Project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), and the State CEQA Guidelines, and determined to be categorically exempt from further environmental review pursuant to Section 15301(c) (Existing Facilities), of the CEQA guidelines. The project involves repair and maintenance of existing public facilities and does not involve any expansion of use beyond that which is existing. The City filed the Notice of Exemption with the County of San Bernardino on January 15,2025.
FISCAL IMPACTS
There is no fiscal impact associated with this item.
ALTERNATIVES
Provide alternative direction to staff.
CEQA: Categorically Exempt from further environmental review pursuant to Section 15301(c). The City filed the Notice of Exemption with the County of San Bernardino on January 15,2025.
Recording requested by
and when recorded mail to:
City of Upland, City Clerk's Office
460 N. Euclid Avenue
Upland, CA 91786
(Space above this line for Recorder's use)
This document is exempt from the payment of a recording fee pursuant to Government Code Section 27383
Notice of Completion
Pursuant to Civil Code Section 3093, NOTICE is hereby given that:
The undersigned is the owner of the interest or estate stated below in the property hereinafter described. The full name and address of owner is City of Upland, 460 North Euclid Avenue, Upland, California 91786.
Assessors Parcel Numbers 100759102, 100635128, 104409102, & 104523213 in and to the hereinafter described property.
The work was completed on that certain work known as Reservoir R-10, R-11, R-12A, & R-13A Overflow Air Gap Installation Project No. 92105, 92106, & 92107 for the undersigned City of Upland, a Municipal Corporation, on the 16th day of December, 2025.
The City accepted the job on the 26th day of January, 2026.
The Contractor on said job was RE Chaffee Construction, Inc. of Wrightwood, California.
The improvement(s) consisted of installation of an air gap on existing overflow pipes at Reservoir 10, Reservoir 11, Reservoir 12A, & Reservoir 13A; and the location of the improvements occurred at the Reservoir 10 which is located on Benson Ave north of 13th Street, Reservoir 11 which is located on 9th Street west of Mountain Ave, Reservoir 12A located on 15th Street west of Campus Ave, & Reservoir 13A located on 19th Street east of Euclid Ave, in Upland, California.
The surety was Everest National Insurance Company.
All communications relating to the contract should bear the number above mentioned.
I hereby certify under penalty of perjury that the foregoing is true and correct.
Executed this 26th day of January, 2026 at Upland, California.
City of Upland, a Municipal Corporation
Michael Blay, City Manager
4<�°v °p`qt CITFUP LAND
oid "The City of Gracious Living"
DATE: February 9,2026
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:MARCELO A.BLANCO,POLICE CHIEF
LON TEAGUE,POLICE CAPTAIN
SUBJECT: CONSIDER ACCEPTANCE OF JUSTICE ASSISTANCE GRANT 2023 FUNDS RECOMMENDED ACTION:
It is recommended that the City Council accept the City's share of the 2023 Justice Assistance Grant award in the amount of$24,873,appropriate the grant funds to the Public Safety Grant Fund 219;and authorize the City Manager to execute any documents necessary to implement the grant.
GOAL STATEMENT
The proposed action supports the City's goal of providing safe and effective law enforcement for the Upland community.
BACKGROUND
The U.S. Department of Justice has released the local solicitation for Justice Assistance Grant (JAG) under the American Recovery Act. JAG funds can be used for law enforcement programs, prosecution and court programs, prevention and education programs, corrections and community corrections programs, drug treatment and enforcement programs,planning, evaluation, and technology improvement programs, and crime victim and witness programs. As such,police agencies are allowed flexibility to prioritize and use the funds where they are needed most.
The County of San Bernardino and its cities are considered disparate. The JAG legislation requires that if a city(or cities)receives one and one-half times(150 percent)more funding(four times or 400 percent more for multiple cities) than the county,there is a funding disparity,and the units of local government must apply for an award with a single, joint application. Therefore,the County will act as the Fiscal Agent and will be responsible for applying for the grant on behalf of all the qualifying disparate jurisdictions. As has been agreed in the past,a 5%administration fee will be retained by the County. The attached Memorandum of Understanding(Interlocal Agreement)must be signed by each city.
ISSUES AND ANALYSIS
Staff met to discuss how these funds best serve the needs of the Police Department. As we continue to fill vacant positions in our staffing,we recognize the need for additional body-worn video cameras. Body worn video cameras provide significant benefits to a city and police department by enhancing transparency and accountability through an objective record of police—public interactions. The footage supports criminal investigations and prosecutions, helps resolve complaints and use of force incidents, and reduces the risk of unfounded claims and litigation. In addition, body-worn video assists with officer training,performance review,and policy compliance; contributing to improved professionalism and public trust.
ENVIRONMENTAL DETERMINATION
The proposed action is not subject to the California Environmental Quality Act(CEQA). Section 15378 of the CEQA Guidelines defines a project subject to CEQA. The proposed action is not included within the definition of a"project" and thus is exempt.
FISCAL IMPACTS
The total grant award is $24,873. Revenue will be deposited to the JAG Grant 2023 Account No. 2190000-4434- 32016 with expenditures appropriated to the JAG Grant 2023 Machine & Equipment Account No. 2193201-5530- 32016.
ALTERNATIVES
Provide an alternative direction to the staff.
CEQA:Not a Project.
INTERLOCAL AGREEMENT
BETWEEN THE TOWNS OF APPLE VALLEY AND YUCCA VALLEY, THE CITIES OF
ADELANTO, BARSTOW, CHINO, COLTON, FONTANA, HESPERIA, HIGHLAND,
MONTCLAIR, ONTARIO, RANCHO CUCAMONGA, REDLANDS, RIALTO, SAN
BERNARDINO, UPLAND, VICTORVILLE, YUCAIPA, AND SAN BERNARDINO COUNTY, CA
CONCERNING DISTRIBUTION OF THE
2023 JUSTICE ASSISTANCE GRANT AWARD
This Agreement is made and entered into this 22 day of #4ct1u4/- , 2023, by and between SAN BERNARDINO COUNTY, acting by and through its governing body, the Board of Supervisors (hereinafter referred to as "COUNTY"), and the aforementioned TOWNS (hereinafter referred to as "TOWNS") and named CITIES (hereinafter referred to as "CITIES"), acting by and through their respective governing bodies, the Town Councils and City Councils, all of whom are situated within San Bernardino County, State of California, as follows:
WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of all parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this Agreement; and
WHEREAS, the COUNTY agrees to release to TOWNS and CITIES their respective grant allocation from the JAG Award within sixty (60) days upon receipt of funds, less five percent (5%) for administrative fees, as reflected on Appendix 1 here attached and hereby incorporated by reference as part of this agreement; and COUNTY agrees to use the five percent (5%) of JAG award funds received from TOWNS and CITIES under this agreement for administrative fees toward the administration of TOWNS' and CITIES' programs during the entire permissible duration of said programs; and TOWNS and CITIES agree to deposit their JAG award funds into a separate trust account in accordance with JAG guidelines; and TOWNS and CITIES each agree to the five percent (5%) reduction of their respective grant allocation from the JAG award, as reflected on Appendix 1 for administrative fees toward the administration of this program; and additionally the TOWNS and CITIES each agree that it is their responsibility to ensure these funds are expended in accordance with JAG guidelines, and that the interest generated from such funds shall be solely applied and expended in accordance with these same JAG guidelines; and WHEREAS, the TOWNS, CITIES and COUNTY believe it to be in their best interests to reallocate the JAG funds,
NOW THEREFORE, the COUNTY and TOWNS and CITIES agree as follows:
Section 1.
COUNTY agrees to release to TOWNS and CITIES their respective grant allocation from the JAG Award within sixty (60) days upon receipt of funds, less five percent (5%) for administrative fees, as reflected in Appendix 1 here attached and hereby incorporated by reference as part of this Agreement, and; COUNTY agrees to use the five percent(5%) of JAG award funds received from MOU-2023 Justice Assistance Grant Page 1
TOWNS and CITIES under this agreement for administrative fees toward the administration of the TOWNS' and CITIES' programs during the entire permissible duration of said programs.
Section 2.
TOWNS and CITIES agree to deposit their JAG award funds into a separate trust account in accordance with the JAG guidelines; and TOWNS and CITIES agree to the five percent (5%) reduction of their respective grant allocation from the JAG award, as reflected in Appendix 1, for administrative fees toward the administration of this program, and; TOWNS and CITIES each agree that it is their responsibility to ensure these funds are expended in accordance with JAG guidelines and that all interest generated from such funds shall be solely applied and expended in accordance with these same JAG guidelines.
Section 3.
TOWNS and CITIES agree to enter into a sub-award grant agreement with the COUNTY in order to acknowledge receipt of the federal award information and applicable compliance requirements, including special conditions for each sub-award, before receiving grant funds.
Section 4.
TOWNS and CITIES agree to provide COUNTY with sufficient timely information as necessary within five business days after receiving written request from COUNTY to meet JAG requirements for quarterly and annual financial and performance reports.
Section 5.
Nothing arising from this Agreement shall impose any liability for claims or actions against COUNTY other than what is authorized by law.
Section 6.
Nothing arising from this Agreement shall impose any liability for claims or actions against TOWNS and/or CITIES other than what is authorized by law.
Section 7.
Each party to this Agreement will be responsible for its own actions in providing services under this Agreement and shall not be liable to any other party to this Agreement for any claim or action arising from the services provided under this Agreement.
Section 8.
The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement.
Section 9.
By entering into this Agreement, the parties do not intend to create any obligations, either express or implied, other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto.
MOU—2023 Justice Assistance Grant Page 2
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.
TOWN OF APPLE VALLEY, CA SAN B NARDINO C!l NTY, CA Town Manager Dawn Rowe
Chair, County B, ,. ,!,Supervisors
ATTEST: su
�.'•
SIGNED,/ .15 I'E1--} LA T A COPY
OF TH ': D TO THE
Town Clerk C t ! 40: • u' •
410/+,.
APPROVED AS TO FORM: - ftki+;.j'a
Town Attorney of San Or.i' -�L: •�
• . ARDINO G•
•.
APPROVED A '•`�`= 4 '1 :
*Tom Bunton
County
• atherine H y, eput
*By law, the County Counsel's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our view of this document was conducted solely from the legal perspective of our clients. Our approval of this document was offered solely for the benefit of our clients. Other parties should not rely on this approval and should seek review and approval by their own respective attorneys.
MOU —2023 Justice Assistance Grant Page 3
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.
TOWN OF YUCCA VALLEY, CA
Town Manager
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
MOU—2023 Justice Assistance Grant Page 4
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.
CITY OF ADELANTO, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
MOU—2023 Justice Assistance Grant Page 5
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.
CITY OF BARSTOW, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
I
/
/
/
/
/
/
/
/
/
/
/
/
MOU —2023 Justice Assistance Grant Page 6
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.
CITY OF CHINO, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
/
/
MOU—2023 Justice Assistance Grant Page 7
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.
CITY OF COLTON, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
/
/
/
/
I
I
I
/
/
/
/
/
I
I
/
/
I
MOU—2023 Justice Assistance Grant Page 8
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.
CITY OF FONTANA, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
I
I
/
MOU—2023 Justice Assistance Grant Page 9
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.
CITY OF HESPERIA, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
i
/
/
/
/
/
/
/
/
/
/
/
/
/
/
MOU —2023 Justice Assistance Grant Page 10
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.
CITY OF HIGHLAND, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
/
/
I
MOU—2023 Justice Assistance Grant Page 11
WHEREFORE, all parties freely and voluntarily agree to all of the above terms.
CITY OF MONTCLAIR, CA
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
/
/
/
/
I
/
/
/
/
/
/
/
/
/
/
/
/
MOU—2023 Justice Assistance Grant Page 12