Upland City Council
April 13, 2026

9 CITY OF UPLAND
4 4I1,01,, SOLE SOURCE&EXEMPTION FORM
As required under section 11.3 of the purchasing policy, any requisition over$10,000 that is not selected through a competitive quoting/bidding process must provide supported written documentation. Please fill out this Sole Source & Exemption Form including signatures;attach all supporting documentation;and forward to the Finance Division.

Vendor Information:

Vendor No: 1878 Vendor Address: 1848 W.11th Street Vendor Name: Ham's Electric,Inc. Upland,CA.91786 Vendor Phone: 909-982-7344 Vendor Email: [email protected] Product/Service: Please provide a full description of the goods or services that is being requested for sole source purchase Installation of a new Backup Generator Switch Gear for the Police Station.

Justification: check all that apply
❑ Only known product of its kind(section 11.3) ❑ Piggie-back purchase(section 11.4) ❑ Only known authorized distributor(section 11.3) 0 Emergency purchase(section 11.6) Describe below. ❑ City standardized equipment(section 11.3) Describe below. ❑ City Manager Waiver(section 11.7)Attach Memo. ❑ Exempted (section 6) ❑
Given the complexity of the backup generator system serving a 24/7 public safety facility,technical and specific knowledge is critical to ensure compatablity of replacement components,proper system functioning that adhere to all required standards.

Please answer the following questions.

1.Why is the acquisition/purchase restricted to this good/service/supplier?Specifically,why can this acquisition/purchase not be competitively bid? Are there consequences for not contracting with this supplier? Engaging a new contractor unfamiliar with the facility's equipment could require additional time for system assessment,increase the risk of configuration errors,and potentially result in operational inefficiencies or premature equipment issues.The contractor has already installed the temporary switch gear unit and if familiar with the building/system.

2. How was the price offered determined to be fair and reasonable? What is the basis for comparison? Was a east analysis done and if so, please attach backup documentation.

Pricing was determined to be fair and reasonable based on a review of current market rates for comparable switch gear equipment,labor,and materials,as well as a detailed evaluation of the vendor's cost breakdown.Three optional vendors were contacted for quotes,which all other vendors did not provide a quote for the project.

3. Please provide any cost savings realized by the acquisition/purchase of the good/service from this supplier.

Utilizing Ham's Electric,Inc.minimizes project delays and reduces the duration of costly temporary rental equipment,particularly given the 20-week lead time for parts.The vendor's familiarity with the system also avoids additional diagnostic expenses and potential change orders, resulting in overall cost efficiency.

R ested by: Approved By:
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ure y Date department ea Ignature Date
Name/Title Jessica Gordon/Deputy Public Works Director
(P"'
t • /19/2026
Signature Date City Manager Signature* Date Name/Title Richard Smiderle/Operations Mananger *City Manager approval needed if amount is$25,000 or greater,or Purchasing Policy Exemptions 11.6 or
Reviewed 11.7 are used
L_Y 3/19/2026
Signatur _ Date
Name/Title Emily Saucedo/Budget Specialist

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$� CALIFORNIA LEVINE ACT DISCLOSURE STATEMENT
California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits City Officers from participating in any action concerning a license, permit, other entitlement for use, franchise, or contract(collective) "license, permit, or contract") if they receive political contribution(s)from a party, or its agent(s), totalin 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/citv-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 oh 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):
/N O

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

V'NO
Answering yes to either of the two questions above does not preclude the Upland City Council from awarding a contract orlapproving an application or any subsequent action. It does, however, preclude the identified Council Members)from participating in any actions related to your proposal or application.

Date Signature of authorized indivi ual
Ndh 6l,'(
Company/Applicant Name
(Levine Act definitions on reverse side)

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

Covered (1)Applied for by the party; FPPC Req 18438.2(a) "proceedings" 2) Formally or informally requested by the party; or 3)A contract between the agency and the party or a
f anchisee granted by the agency to the party, other
tl an 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 Gov. Code 84308(a)(2) entitlement for use and who has a financial interest in Participant the decision.A person actively supports or opposes a FPPC Req 18438.4 particular decision in a proceeding if that person
lobbies in person the officers or employees of the
gency, testifies in person before the agency, or
otherwise acts to influence officers of the agency.

Aperson 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 PPC Reg 18438.3 for exceptions for certain
consultants.

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

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 Req employment or retirement policy for employees or 18438.2(a)(3)(B) tJ,etirees, including a project labor agreement entered under Public Contract Code Section 2500.

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

4<�°v °p`qt CITFUP LAND
o "The City of Gracious Living"
- -
DATE: April 13,2026
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:STEPHEN PARKER,ASSISTANT CITY MANAGER

ROCIO PRECIADO,HUMAN RESOURCES ANALYST II
SUBJECT: CONSIDER APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF UPLAND AND LWP CLAIMS SOLUTIONS,INC.

RECOMMENDED ACTION:

It is recommended that the City Council approve a Professional Service Agreement between the City of Upland and LWP Claims Solutions, Inc. for the administration of existing workers' compensation claims in an amount not to exceed$120,000 for two Fiscal Years(26/27&27/28);and authorize the City Manager to execute the agreement.

GOAL STATEMENT
The proposed action supports the City's goal of enhancing operational efficiency.

BACKGROUND
On May 28,2024,the City Council adopted a Resolution requesting membership in the California Intergovernmental Risk Authority(CIRA)and participation in the Liability and Workers' Compensation programs.

LWP Claims Solutions, Inc (LWP) began to serve as the City's third-party claims administrator for claims that occurred subsequent to the City's transition to CIRA on July 1,2024.

In an effort to ensure that all of the City's claims were being pursued by just one third-party claims administrator,on June 1, 2024, the City entered into a $50,000 professional services agreement with LWP for the administration of workers' compensation claims that existing prior to July 1,2024.

On March 24,2025,the City Council approved a$75,000 agreement with LWP to continue to serve as the third-party claim's administrator for existing City claims through the period June 30,2026.

ISSUES AND ANALYSIS
At this time,the City desires to enter into a two-year agreement to align with the upcoming two-year budget cycle for fiscal years 26/27 and 27/28. The agreement will cover third-party claims administration and managed care services for the City's Workers'Compensation claims that existed prior to CIRA, including oversight of all aspects of claims management such as caseload management,account management,data management,litigation management,quarterly claim reviews,trust account maintenance(including check handling and reconciliations),claims investigations,claim reserving, benefit provisions, medical administration, return-to-work coordination, diary review, action planning, claim supervision, status reporting, settlements, award payments, future medical claims, subrogation, and fraud detection.

One third-party administrator for all City workers' compensation claims ensures consistency and standardization in policies,procedures, and decision-making across all claims, reducing inconsistencies in how claims are handled. A unified system allows for improved data management and reporting through comprehensive tracking, analysis and reporting of claims data leading to better insights for risk management,trend identification,and process improvement.

With a holistic view of all claims, consistent strategies can be implemented to expedite claims resolution, manage return-to-work programs effectively and ensure fair and appropriate settlements.

ENVIRONMENTAL DETERMINATION
The proposed action is not subject to the California Environmental Quality Act(CEQA). Section 15378 of the CEQA Guidelines defines a project subject to CEQA.The proposed action is not included within the definition of a"project" and thus is exempt.

FISCAL IMPACTS
The total cost for the Agreement shall not exceed$60,000 annually for Fiscal Year 2026/27 and 2027/28.The proposed biennial budget includes available funds in the Self-Funded Liability Workers' Comp Other Services Account No. 7511611-5258.

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

CITY OF UPLAND

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of July 1, 2026 by and between the City of Upland, a public agency organized and operating under the laws of the State of California with its principal place of business at 460 N. Euclid Avenue, Upland, CA 91786 ("City"), and LWP Claims Solutions, Inc., a California CORPORATION with its principal place of business at P.O Box 349016 Sacramento, CA 95834 (hereinafter referred to as "Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.

RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:

Third Party Administrator for Workers' Compensation claims administration and Managed Care services for the City of Upland's existing claims (hereinafter referred to as "the Project").

B. Consultant is duly licensed and has the necessary qualifications to provide such services.

C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit "A."

2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit"B" attached hereto and incorporated herein by reference.
b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of sixty thousand ($60,000) for Fiscal Year 2026/27 and sixty thousand ($60,000)for Fiscal Year 2027/28. This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.

3. Additional Work.

If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a 1

statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

4. Maintenance of Records.

Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.

5. Term.

The term of this Agreement shall be from July 1, 2026 to June 30, 2028, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed ("Notice to Proceed").

6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non- performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; pandemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

8. Standard of Care
Consultant's services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 2

9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.
a. PERS Eligibility Indemnification
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System ("PERS") to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. 3

(iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Agreement (8) Property Damage
(9) Independent Contractors Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers' Compensation/Employer's Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
4

(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the "Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer's Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers' compensation coverage of the same type and limits as specified in this section.
d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein.

This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form specifically designed to protect against acts, errors or omissions of the Consultant. "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy must"pay on behalf of"the insured and must include a provision establishing the insurer's duty to defend. e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 combined single limit Employer's Liability $1,000,000 per accident or disease Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer's equivalent) signed by the insurer's representative and Certificate of Insurance (Acord Form 25-S or 5

equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant's policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance 6

through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section.

Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
b. If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance of "design professional" services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims 7

that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault.

13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects ("Prevailing Wage Laws"). If the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor(Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the services are being performed as part of an applicable "public works" or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant's performance of services, including any delay, shall be Consultant's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.

14. Verification of Employment Eligibility.

By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.
8

15. Reserved.

16. Laws and Venue.

This Agreement shall be interpreted in accordance with the laws of the State of California.

If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California. 17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10)calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty(30)calendar days'written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
18 Documents. Except as otherwise provided in "Termination or Abandonment," above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

19. Organization
Consultant shall assign Julie Casto Koot as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

20. Limitation of Agreement.

This Agreement is limited to and includes only the work included in the Project described above.

21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:

CITY: CONSULTANT:
9

City of Upland LWP Claims Solutions, Inc.
460 N. Euclid Avenue P.O. Box 349016
Upland, CA 91786 Sacramento, CA 95834
Attn: Deputy Director of Human Attn: Judy Adlam Resources/Risk Management
and shall be effective upon receipt thereof.

22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

23. Equal Opportunity Employment.

Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.

25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the remaining provisions unenforceable, invalid or illegal.

26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either Party, unless such waiver is specifically specified in writing.

28. Time of Essence
10

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

29. City's Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
11

SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN CITY OF UPLAND

AND THE COUNSELING TEAM INTERNATIONAL
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above written.

LWP Claims Solutions, Inc.

CITY OF UPLAND
(Two Signatures of Corporation Officers
Required For Corporations)
By: By:

Michael Blay
City Manager Its:

Printed Name:

Attest:

By:

Keri Johnson, City Clerk
By:

Its:

Printed Name:

Approved as to form:

By:

Thomas Rice
City Attorney
12

EXHIBIT A
Scope of Services
While LWP acts as the third-party claims administration for the City's current risk pool (California Intergovernmental Risk Authority), Workers' Compensation claims prior to July 1, 2024 still need to be administered. This agreement is for the third-party claims administration and managed care services for the City of Upland's existing Workers' Compensation claims management, including: caseload management, account management, data management, litigation management, quarterly claim reviews, trust account maintenance including handling of checks and reconciliations, claims investigations, claim reserving, provisions of benefits, medical administration, return to work, diary review, plan of action, claim supervision, status reports, settlements, award payments, future medical claims, subrogation, and fraudulent claims. 13

EXHIBIT B
Schedule of Charges/Payments
Proposed Pricing for City of Upland
We offer to continue our current pricing. We are happy to discuss and to collaborate on a different approach,if that is of interest.

Claims Administration -Life of Contract Claims Administration and Managed Care Takeover Claims
Indemnity $450 per claim (set-up fee,
including 1st month of
handling)+$125 per
month/per open indemnity
claim
Future Medical Claims $400 per claim (set-up fee,
including 1st month of
handling) +S75 per
month/per open future
medical claim
Medical Only Claims S40 per month/per open
medical only claim(no set up
fee)
First Aid Claim - $40 one-time fee
Services Included in Claims Administration Fee
Claims Administration Designated Account Manager Claim Review Meetings Litigation Management
Reporting to Excess Carrier
Notes:
■ Setup fee applies only once for eadi open claim and is charged in the first month of Rhin handling_ • Set up fee applies to claims received as"closed"from prior TPA,only in cases where LWP reopens that claim for future handling.
• Monthly fee for indemnity deirns will convert to the lower Future Medical fee in the month following final approval of resolution of permanent disability_ Annual Administration Fee
Annual Administration Fee $2,000
Bank Charges lone account) Included
Does not include outgoing ACH Payments
L■ P
wpm-
14

Storage Fees Included
On-Line 5020 Reporting Included
Loss Reports Included
On-Line System Access 4 users included($250 per user-year for additional users)
Trust Accounting Included
Preparation and filing of 1099's Included
FROI/SROI Reporting Included
Medicare Reporting Included
Cost Containment and Managed Care Services
Medical Bill Review Fee
Standard Medical Bill Review Fee Schedule Reductions $8.50 per bill plus PRO Reduction
Inpatient hospital and Ambulatory Surgery Center $300 per bill plus PPO Reduction if original charges
are greater than$300
PPO Reduction 24%of Reduction below Fee
Schedule/
(27%Anthem Only)
Bills not subject to Fee Schedule 24%of Reduction
Pharmacy Network Access (bill review charges do not apply)
Pharmacy Benefit Network 35 per bill network access fee File Indexing
Index and OFAC Reporting(ISO Fee passed through) $25.00 per claim Rate adjusted annually
E-Bill
[-Bill Fees $2.00 per bill submitted by a
provider through a
clearinghouse
Case Management
Telephonic Case Management $104 per hour

L P
15

Field Case Management $110 per hour*incidentals
(including mileage,phone,
tolls,parking,etc.)
Utilization Review
Adjuster Review No Charge
Ter 1-Nurse Review $110 Flat Fee
includes 3 medical request in a single review,set up,phone calls to physidanr email rabies to adjusierand fetter to all parties including network providers_Fee oppties re reviews approved 6y nurse or escofoted to physician_
Ter 2-Physician Review $235 plus nurse charge
Includes 3 medical request in a single review.

Reconsideration: $235 flat fee(up to 3 medical requests per referral) Pharmacy Review $385 plus nurse charge
lndudes unlimited medical request in a single review.

Reconsideration: $385 flat fee
Medical Provider Network Access(LWP Network)
PPO fee for savings below fee schedule and negotiations 24%/27% (Anthem
Only)
There is no separate Charge far medic&praroder access to t WP proprietary network.

Percentage of savings below fee schedule is the only charge.

Specialized Network Access (bill review charges do not apply)
Durable Medical Goods $5 per bill network access fee Expedited Diagnostic Testing $5 per bill network access fee Physical Therapy Network $5 per bill network access fee These charges apply only if L WP's programs are utilized. investigation
Investigative Services $95 per hour
SIIJ Related Services $105 pet
hour
Background I rrwest igation $375 flat rate
Social Medial Investigation $375 flat rate
Background+Social Media at Discount $550 fiat rate Medical Canvass $525 flat rate
11111111
16

VeriFive Package of 5 services for claim verification at$8004-Discount $1,550 flat rate
wertr-+i+e Package irrelirdes 1.Rackg7o irxi,;2.SBCra!Media;a MediCai Canvass;PLUS 4.SItj Review+Steategy Development;and 5.Retarded YrrhratStatements rAtlwsiveetEvidence-Based questions_includes twaStaterilefts; addtiUnat fees apply tof add-an SONIC es.

Pius expenses which cart irictude,but are 001 limited to:mi teage,its ha Se tees.DMV tens,clout set rch Tees,recorls, certified copies,tolls,parking.evidence Storage,art tra r15ci i pl u 7.

Managed Care/CostConiminment rates quoted are consistent with the 2026 notices sent in December 2025.Rates are subjectto change with notice and are governed by annual notices provided each December_
Ay III
1111.1
17

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

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

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

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

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

X NO

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

X NO
Answering yes to either of the two questions above does not preclude the Upland City Council from awarding a contract or approving an application or any subsequent action. It does, however, preclude the identified Council Member(s)from participating in any actions related to your proposal or application.

April 6, 2026 .cQdiam,
Date Si atur of authorized individual
LWP Claims Solutions
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.

4<�°v °p`qt CITFUP LAND
o "The City of Gracious Living"
- -
DATE: April 13,2026
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:DAMIEN R.ARRULA,ASSISTANT CITY MANAGER
RICHARD GONZALES,DEPUTY PUBLIC WORKS DIRECTOR—UTILITIES ROSA GUTIERREZ,ENGINEERING MANAGER—UTILITIES

LIZ RODRIGUEZ,MANAGEMENT ANALYST
SUBJECT: EMERGENCY REPAIR WORK FOR 26 W. 15TH STREET TRANSFER STATION UPDATE RECOMMENDED ACTION:

It is recommended that the City Council receive and file the status update related to the KSM Electric,Inc. contract for emergency repair work at the 26 W. 15th Street Transfer Station.

GOAL STATEMENT
The proposed action supports the City's goal of maintaining critical public works and utilities support facilities in good operable condition in order to provide safe and reliable water service to the community.

BACKGROUND
On February 9,2026,the City Council adopted Resolution No. 6866 declaring an emergency condition and approved the emergency repair work at the 26 W. 15th Street Transfer Station.This included approval to execute a contract with KSM Electric,Inc. The emergency action was necessary to address facility conditions requiring immediate repair to maintain safe and reliable operations. Per the City's Purchasing Policy, emergency purchases require a recurring update during City Council agendas until such time as the work is completed.

The work generally includes electrical system repairs, replacement of damaged or failing electrical components, troubleshooting and restoration of power and control systems,and associated work necessary to restore the facility to safe and operational condition. Following Council authorization, staff proceeded with contract development with KSM Electric,Inc.to perform the required emergency repair work at the Transfer Station.

Following Council authorization, staff proceeded with contract development with KSM Electric,Inc. to perform the required emergency repair work at the Transfer Station.

ISSUES AND ANALYSIS
Staff have continued advancing the project toward construction. Since the last update, the pre-construction meeting has been held. This meeting included KSM Electric, Inc., and its subcontractors, Best Drilling and Pump, and McDonald Electric. The meeting addressed project coordination, administrative requirements, site access, safety considerations,and other items necessary prior to commencement of work.

KSM Electric,Inc. has also provided the City with a preliminary construction schedule. This schedule will continue to be reviewed and updated as needed as the project progresses and additional field conditions or coordination items are identified.

In addition,City staff traveled to the site with KSM Electric,Inc.and its subcontractors to further develop the project rollout plan and provide the subcontractor team with a clearer understanding of the site conditions,facility layout,and overall project needs. This field coordination effort supports more informed planning and helps prepare the construction team for efficient implementation of the work.Following this visit City staff issued the Notice to Proceed with effective date April 2,2026.

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
There is no fiscal impact associated with this action.

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

4<�°v °p`qt CITFUP LAND
o "The City of Gracious Living"
- -
DATE: April 13,2026
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:DAMIEN R.ARRULA,ASSISTANT CITY MANAGER
RICHARD GONZALES,DEPUTY PUBLIC WORKS DIRECTOR—UTILITIES ROSA GUTIERREZ,ENGINEERING MANAGER—UTILITIES
LIZ RODRIGUEZ,MANAGEMENT ANALYST—UTILITIES
SUBJECT: CONSIDER APPROVAL OF AN AGREEMENT FOR ON-CALL MAINTENANCE AND

REHABILITATION SERVICES WITH GENERAL PUMP COMPANY
RECOMMENDED ACTION:

It is recommended that the City Council approve an agreement with General Pump Company, Inc. for on-call maintenance and rehabilitation services for City wells and pumps in an amount not to exceed$700,000 per term year for an initial three-year term,with up to two additional one-year extensions,for a total initial not-to-exceed amount of $2,256,750;and authorize the City Manager to execute the agreement.

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
The City's water system relies upon a diverse supply portfolio to provide reliable water service to the community. In 2024, approximately 64 percent of the City's water supply was derived from groundwater sources,underscoring the importance of maintaining the infrastructure necessary to support groundwater production and delivery. The City currently operates 11 active wells,which serve as critical infrastructure of the municipal water system.

Due to ongoing operational demands,normal wear,aging infrastructure,and the potential for unexpected failures,the City's wells and pumps require periodic maintenance, repair, and rehabilitation. These specialized services are necessary to help ensure continued reliability,protect system performance,and respond efficiently to both routine and unforeseen operational needs.

As part of a system condition assessment conducted in 2023 by Southern California Edison and further documented in the City's adopted Water Master Plan(March 2026),three wells and three booster pump stations were identified as operating below expected efficiency,with recommendations for rehabilitation or replacement. In addition,City staff identified electrical panel upgrades and mechanical repairs at several facilities. A summary of these findings is included in Section 6.2.2(Well and Booster Pumps)of the Water and Recycled Water Master Plan.

ISSUES AND ANALYSIS
While the City of Upland maintains in-house maintenance staff, the City has identified the need to secure a maintenance services agreement with a qualified and experienced contractor to support specialized well and pump system work to ensure operational safety and efficiency of the system's water infrastructure. The scope of work includes services that require a specialty California C-57 Well Drilling Contractor license, which City staff do not possess. Additionally, General Pump Company's specialized field maintenance staff hold the required licensure and possess the technical expertise necessary to perform this highly-specialized scope of work.

Services may include,but are not limited to,the repair,removal,installation,rehabilitation,and replacement of pumps, motors, well columns, and associated components, as well as the furnishing of all necessary labor, equipment, and materials. To streamline the administration of well maintenance activities,ensure that quality repairs and services are provided by licensed experts,and address both current and future rehabilitation needs,staff recommends executing an On-Call Maintenance Services Agreement with General Pump Company, Inc. This approach allows the City to

respond efficiently to maintenance needs as they arise while maintaining consistent pricing and leveraging the contractor's familiarity with City infrastructure.

Upland Municipal Code §2.48.080 and Purchasing Policy Section 12.4 authorize the City to utilize cooperative purchasing agreements when another public agency has conducted a competitive procurement process and awarded a contract.The City may access such contracts provided pricing and terms are determined to be of equal or better value.

In 2025,the City of Garden Grove competitively solicited and awarded a contract for well and booster maintenance and rehabilitation services to General Pump Company. Staff have reviewed the contract terms and pricing and determined they provide equal or better value for the proposed on-call maintenance and rehabilitation services.

Utilizing this cooperative purchasing method allows the City to expedite project delivery,reduce administrative costs, and maintain compliance with municipal purchasing requirements,thereby ensuring best value.

The proposed rehabilitation work will be performed in accordance with applicable industry standards, including guidance from the American Water Works Association (AWWA) related to well rehabilitation practices, pump efficiency restoration,and groundwater system maintenance.

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 of the proposed contract is not-to-exceed $2,256,750 over three years. The cost for Year 1 is not-to- exceed$700,000. There is available funding in the following accounts:
• Citywide Water Pump Rehabilitations Account No. 6407500-5540-91021 ($100,000) • Citywide Well Rehabilitations Account No. 6407500-5540-91023 ($300,000) • Citywide Facility Site Maintenance Account No. 6407500-5540-91018 ($150,000) • Plant 3 Booster 3 Install Pump and Motor(22nd St.) Account No. 6409136-5540 ($150,000) Funding in future years will be budgeted in the Citywide Water Pump Rehabilitations Account No. 6407500-5540- 91021 and Citywide Well Rehabilitations Account No.6407500-5540-91023.

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project

CITY OF UPLAND

MAINTENANCE SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this April 13, 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 General Pump Company, a California corporation with its principal place of business at 159 N Acacia Street, San Dimas, CA 91773 ("Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.

2. RECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing well and booster pump maintenance services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City.

Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

2.2 Project.

City desires to engage Contractor to render such services for the Well and Booster Pump Maintenance project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scppe of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional well and booster pump maintenance services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. The services shall be more particularly described in the individual Task Order issued by the City or its designee. No services shall be performed unless authorized by a fully executed Task Order in the form attached hereto as Exhibit "C", and incorporated herein by this reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from April 13, 2026 to June 30, 2029, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two additional - 1 -
46708.00101\44686273.1

one-year terms. Contractor shall complete the services within the term of this Agreement and shall meet any other established schedules and deadlines set forth in each individual Task Order issued by the City. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Responsibilities of Contractor.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance

3.2.1.1 PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System ("PERS") to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.

3.2.4 City's Representative. The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all - 2 -

purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee.

3.2.5 Contractor's Representative. Contractor hereby designates Ricky Trujillo, or his or her designee, to act as its representative for the performance of this Agreement ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor's Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.

3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.8 Period of Performance. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above ("Performance Time"). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits "A" or specific Task Order. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City's decision, Contractor shall have such remedies as may be provided by law.
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3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State.

It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours' labor shall constitute a legal day's work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.10.1 Employment Eligibility; Contractor. By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor. Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor's compliance with the requirements provided for in Section 3.2.10 or any of its sub-sections.

3.2.10.2 Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.

3.2.10.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, sub- subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.2.10.2); -4 -

or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

3.2.10.4 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.2.10.5 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

3.2.10.6 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements' application to "portable equipment", which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.2.10.7 Water Quality.
(A) Management and Compliance. To the extent applicable, Contractor's Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City's ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.
(B) Liability for Non-Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor's non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
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(C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph.

3.2.11 Insurance.

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

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

Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence and $4,000,000 aggregate for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability:
$1,000,000 per accident for bodily injury and property damage; and (3) Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of $1,000,000 per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits. (C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written - 6 -

notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement.
(D) Additional Insured. The City of Upland, its directors, officials, officers, employees, agents, and volunteers shall be named as additional insureds on Contractor's and its subcontractors' policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.

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

Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(A). (B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(B). - 7 -

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

3.2.11.4 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

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

3.2.11.6 Subcontractor Insurance Requirements. Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Contractor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City shall be named as additional insureds on all subcontractors' policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.

3.2.11.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.

3.2.11.8 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its - 8 -

behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.2.11.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor's insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement.

3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.13 Bonds.

3.2.13.1 The City reserves the right, in its sole discretion, to require performance and payment bonds for any individual task order issued under this Agreement when the City determines that the scope of work constitutes construction, repair, or alteration of a public works improvement or when otherwise required by law. Unless otherwise specified in the task order, each bond shall be in an amount equal to one hundred percent (100%) of the task order amount and shall comply with the requirements of the California Civil Code applicable to public works bonds. If bonds are required for a task order, Contractor shall furnish the required bonds prior to commencement of the task order work. No work shall begin on a task order requiring bonds until the City has received and approved the required bonds. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.13.2 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause. - 9 -

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

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

3.2.15 Work Site.

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

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

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

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

Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the - 10 -

course of repairing or replacing defective work. For any work so corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. The total compensation for all services rendered under this Agreement and all Task Orders issued hereunder shall not exceed seven hundred thousand dollars ($700,000) during each annual period of the Agreement term, with the first annual period commencing on April 13, 2026, and each subsequent annual period commencing on each April 13 thereafter for the remainder of the Agreement term. The maximum compensation for services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order. Extra Work may be authorized, as described below.

3.3.2 Adjustments. Beginning April 13, 2027, upon Contractor's request, Contractor's rates may be adjusted no more than once per year based on the percentage change in the Consumer Price Index- All urban consumers, All Items - (Series ID# CUURS49CSA0) Riverside-San Bernardino — Ontario, CA areas for the twelve (12) month period January through January immediately preceding the adjustments. All such price adjustment requests shall be submitted by February 1st. The failure to submit price adjustment requests by February 1st shall waive the Contractor's right to request an adjustment for that year. Upon proper notice, price adjustments shall go into effect on April 13th of the same year.

In no event shall the adjustment exceed five percent (5%) in any single year.

3.3.3 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within forty-five (45) days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.4 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment - 11 -

notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums.

3.3.5 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.6 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.

The City Manager may approve Extra Work up to ten percent (10%) of the amount of the Agreement or fifty thousand dollars ($50,000.00). In no event shall the total sum of the agreement (original compensation amount and Additional Work) exceed two million two hundred fifty-six thousand seven hundred fifty dollars and zero cents ($2,256,750.00). Any Extra Work in excess of this amount shall be approved by the City Council. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative.

3.3.7 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.3.8 Reqistration/DIR Compliance. If the Services are being performed as part of an applicable "public works" or "maintenance" project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and - 12 -

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

3.4 Termination of Agreement.

3.4.1 Grounds for Termination. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days' written notice to Contractor. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Contractor the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Contractor of the portion of such task completed but not paid prior to said termination.

City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. Contractor may not terminate this Agreement except for cause.

3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5 General Provisions.

3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Contractor:

General Pump Company, Inc.
159 North Acacia Street
- 13 -

San Dimas, CA 91773
Attn: Ricky Trujillo
City:

City of Upland
460 N. Euclid Avenue
Upland, CA 91786
Attn: City Manager
With Copy To:

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

3.5.2 Indemnification.

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

3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City's choosing and at Contractor's own cost, expense and risk, any and all Claims covered by this indemnification section that may be brought or instituted against City or its officials, employees, agents and volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees.

Contractor shall reimburse City and its officials, employees, agents and volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall survive expiration or - 14 -

termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and volunteers.

3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County, California. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.

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

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

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

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

3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party.

Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

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

3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.
- 15-

3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.

Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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

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

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

3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
[SIGNATURES ON FOLLOWING PAGE]
- 16 -

SIGNATURE PAGE FOR

MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF UPLAND
AND GENERAL PUMP COMPANY, INC.

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

CITY OF UPLAND GENERAL PUMP COMPANY, INC.

APPROVED BY:

By:

Michael Blay,
City Manager Its:

ATTESTED BY: Printed Name:

Keri Johnson,
City Clerk By:

Its:

APPROVED AS TO FORM:

Printed Name:

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

EXHIBIT A

SCOPE OF SERVICES

1. Contractor must be able to respond to the City's request for repair and rehabilitation work in a timely manner. The Contractor shall designate a primary contact person to respond to the City's service requests.

2. When the City has determined an equipment evaluation and/or repair or rehabilitation is necessary, City staff will contact the on-call contractor, at its sole discretion, to check Contractor availability to respond and to request an equipment evaluation and/or repair estimate from Contractor. Upon the City's receipt of the estimate, the City will contact the Contractor as to when work may begin.

3. The Contractor shall furnish all material, labor, equipment, and supervision to perform the evaluation, and/or repair or rehabilitation as requested by the City.

The Contractor shall perform such work in a thorough and professional manner.

The Contractor shall secure the well site and its equipment at all-times throughout the duration of work. The Contractor is also responsible for discharging treated water after repair or rehabilitation of the well into an appropriate drainage system in a manner that complies with NDPES regulations and permits.

4. Potential Task Order scope may consist of, but not be limited to:
a. Preliminary Assessment of the Well.This service may include but not be limited to:
i. Conduct a thorough inspection of the well using Dynamic Video Monitoring (DVM), spinner logging, and other diagnostic tools to assess the current condition including the casing, screen, and well components.
ii. Assess well yields.
iii. Provide a Preliminary Assessment Report to include contractor recommendations and a detailed Cost Proposal for repair or rehabilitation based on the approved Hourly Cost plus Rates. b. Well cleaning. If needed, the Contractor shall perform well cleaning. The method of cleaning, such as mechanical, chemical, or airlift cleaning, will be determined by the City based upon the Preliminary Assessment Report and recommendations submitted by the Contractor. The Cost Proposal for these services shall be based on the approved Hourly Cost plus Rates. c. Well Rehabilitation. Well rehabilitation scope may include but is not limited to:
i. Casing and screen repairs and swedging. Repair or replace sections of the well casing or screen to maintain the structural integrity and

EXHIBIT A

improve the water flow.
ii. Reconditioning of the well. This may involve over-pumping, airlifting, or other techniques to remove residual debris and restore well capacity. iii. Grouting and sealing. If needed, re-grout or seal the well to prevent contamination and improve water quality.
d. Repair of well pumps, motors and appurtenances. The City will contact the contractor when a problem with a pump, motor or appurtenances occurs.

If onsite repairs are not possible, the Contractor and the City will decide if the pump, motor or other appurtenances need to be pulled and sent to the Contractor's shop for assessment. Contractor shall prepare an Assessment Report and a detailed Cost Proposal, based on the approved Hourly Cost plus Rates for labor and parts, to make repairs. Any replacement parts or materials must be noted for approval by the City. Contractor shall submit this Assessment Report and Cost Proposal in writing to the City. e. Vibration testing. Conduct baseline vibration measurements on the existing pump and motor prior to any rehabilitation work. This helps establish a reference point for evaluating the effectiveness of repairs and identifying any pre-existing issues. Analyze the vibration data to identify potential issues such as misalignment, imbalance, bearing wear, or other mechanical problems that could affect pump performance. Once the pump is reinstalled (whether it's the rehabilitated original pump or a new one), vibration testing shall be performed to ensure that it is operating within acceptable vibration limits. Contractor shall compare the post-installation vibration data with the pre-rehabilitation baseline to confirm that any issues have been resolved or to detect any new issues that may have arisen during the installation process. f. Efficiency testing. Conduct efficiency tests on the existing pump and well system before any repair or rehabilitation work, including flow rate, total dynamic head, and electrical consumption to establish a baseline for comparison. Analyze the initial efficiency data to identify inefficiencies or issues, such as excessive energy consumption, low flow rates, or decreased well yield. Based on the initial efficiency testing, recommend specific measures to improve the system's efficiency. This could include pump resizing, impeller trimming, motor upgrades, or other system modifications. Contractor shall compare post-rehabilitation efficiency data with the pre-rehabilitation baseline to quantify the improvements in efficiency and performance. The Contractor shall have the ability to analyze the data from these tests to make recommendations to the City on well maintenance, repairs or rehabilitation needed to meet performance requirements. The recommendations shall be submitted to the City in an official report detailing the findings. The recommendations from the Contractor for repairs to wells do not guarantee that the work will be performed or said Contractor will be chosen to perform the work recommended.

5. If the City agrees with the recommendations of the Preliminary Assessment

EXHIBIT A

Report or Assessment Report, and the terms of the Cost Proposal, the City will issue a Notice to Proceed (NTP) to the Contractor in writing for repairs or rehabilitation services. No work shall commence until the City has issued an NTP.

6. All work and general conditions shall be performed in accordance with the current City Standard Specifications, Cal-OSHA, Public Works Construction (Green Book), the State Water Resources Control Board Health Guidelines, and the American Water Works Association (AWWA) Standards and other applicable regulatory requirements.

7. Contractor is required to pay California prevailing wages and applicable fringe benefits. Wages shall be paid and reported directly to the California Department of Industrial Relations (DIR) according to the DIR's requirements.

8. For each on-call Task Order, provide a final report in PDF format and detailed accounting statement with back-up summarizing the repair, inspection, and any other work performed. The report shall include photographs of the initial site condition, repair progress, failed components, new components, and final site condition. Additionally, the report shall include technical information from the manufacturer identifying the new components installed and recommended maintenance. The report shall be submitted within 10 business days of completion of the work. Interim reports may be required by the City depending on the duration and complication of the task. Interim reports shall be submitted within a week of the request by the City.

EXHIBIT A

EXHIBIT B

SCHEDULE OF CHARGES/PAYMENTS
"ATTACHMENT B"
City of Upland Rate Sheet 2026
PROPOSAL PRICING FORM (Page 1 of 2)
DESCRIPTION UNIT RATE
1 Mobilization and Demobilization Fee Per Job $2,000.00 2 3-Man Crew & Standard Pump Pulling Rig Hour $740.00 3 1 Operator&40-Ton Crane Hour $410.00
4 1-Person Crew, Service Support Rig for the 40-Ton Crane Hour $310.00 5 2-Person Crew and Combination Rig Hour $560.00 6 2-Person Crew and Standard Pump pulling Rig Hour $400.00 7 Wire Brush or Swab Rental Each $550.00 8 Flatbed Truck and Driver Hour $ 170.00
9 Rotary Crane (up to 17-Ton) & 1-Person Crew Hour $340.00 10 Rotary Crane &two Person Crew Hour $475.00 11 Service Truck and 1 Pump Mechanic,Electrician or General Services Hour $ 195.00 12 Service Truck& 1 Pump Mechanic & Helper Hour $300.00 13 Pipeline Fabricator Hour $205.00
14 Shop Labor - Pump Mechanic Hour $120.00
15 Shop Labor - Machinist or Welder Hour $ 120.00 16 Overtime & Saturdays (Additional Rate) Hour $70.00 17 Sundays & Holidays (Additional Rate) Hour $ 135.00 18 Control & Instrument Specialist Hour $205.00 19 Flowmeter Rental Day $60.00
20 Air Compressor Hour $160.00
21 Additional Helper Hour $ 135.00
22 Video Log - Color with Downhole and Side Scan Per DVD $ 1,300.00 23 Re-Video Log - Color with Downhole and Side Scan Per DVD $ 1,250.00 24 Dynamic Video with Mini Camera Hour $215.00 25 Test pump - Above 300-Hp Drive/Generator Hour $200.00 26 Test Pump - Below 300-Hp Drive/Generator Hour $250.00 27 1-Person Crew and Chemical Distribution Trailer,with Safety Equipment Hour $360.00 28 Mileage Charge Per Mile $2.00
29 Disposal of Well Development Fluids Gallon $3.00 30 Downhole Pump Installation/Removal Foot $68.00 31 Well development Using Airlift Hour $840.00 32 Disinfection and Chlorination Well $3,700.00 133 Per Task Order Bonds if Required by the City Project 2.5%of Project Total PLEASE DO NOT CHANGE THE FORMAT OR ALTER THIS FORM IN ANY WAY. 28 EXHIBIT B

EXHIBIT C

TASK ORDER
Sample Task Order Form

TASK ORDER
Task Order No.

Agreement: [INSERT TITLE OF AGREEMENT]
Consultant: [INSERT NAME OF CONSULTANT]
The Consultant is hereby authorized to perform the following services subject to the provisions of the Agreement identified above:

List any attachments: (Please provide if any.)
Dollar Amount of Task Order: Not to exceed $ , .00 Completion Date:

The undersigned Consultant hereby agrees that it will provide all equipment, furnish all materials, except as may be otherwise noted above, and perform all services for the work above specified in accordance with the Agreement identified above and will accept as full payment therefore the amount shown above.

CITY OF UPLAND [INSERT NAME OF CONSULTANT]
Dated: Dated:

By: By:

EXHIBIT C

Docusign Envelope ID:8F3C6C66-DE60-4A71-A4AF-34896776CD6E

CITY OF GARDEN GROVE

PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made this 26th day of August , 2025, by the CITY OF GARDEN GROVE, a municipal corporation, ("CITY") and General Pump Company, Inc., herein after referred to as "CONTRACTOR".

RECITALS
The following recitals are a substantive part of this Agreement:

1. This Agreement is entered into pursuant to Garden Grove COUNCIL AUTHORIZATION, DATED August 26, 2025

2. CITY desires to utilize the services of CONTRACTOR Provide On-Call Services for Water Well and Pump Station Repairs, Maintenance and Rehabilitation per the Scope of Work, Attachment A and RFP S-1371.

3. CONTRACTOR is qualified by virtue of experience, training, education and expertise to accomplish services.

AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:

1. Term of Agreement: The initial term of the agreement shall be from full execution of the agreement through June 30, 2026, with an option to extend said agreement four (4) additional fiscal years. Option years shall be exercised one (1) fiscal year at a time, at the sole option of the CITY. This agreement may be terminated by the CITY without cause. In such event, the CITY will compensate CONSULTANT for work performed to date in accordance with the Scope of Work which is attached as Attachment "A" and is hereby incorporated by reference. Consultant is required to present evidence to support performed work.

2. Services to be Provided. The services to be performed by CONTRACTOR shall consist of tasks as set forth in the Scope of Work. The Scope of Work is attached as Attachment "A", and is incorporated herein by reference. The Scope of Work and this Agreement do not guarantee any specific amount of work.

3. Compensation. CONTRACTOR shall be compensated as follows:

3.1 AMOUNT. Total Compensation for this agreement shall not exceed an amount of Five Hundred Thousand dollars ($500,000.00), per fiscal year, for a total contract amount of $2,500,000.00, in arrears and in accordance with RFP No. S-1371 and the Proposal Pricing, which is attached as Attachment "B," and is hereby incorporated by reference.

Docusign Envelope ID:8F3C6C66-DE60-4A71-A4AF-34896776CD6E CONTRACTOR warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. CONTRACTOR shall not be compensated for any services rendered in connection with its performance of this Agreement, which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. The Proposal and this Agreement do not guarantee any specific amount of work.

3.2 Payment For work under this Agreement, payment shall be made per invoice for work completed. Within 45 day of delivery of goods or completion of performance of services, CONTRACTOR must promptly render an invoice to CITY or payment may be significantly delayed. For extra work not a part of this Agreement, a written authorization by CITY will be required, and payment shall be based on schedule included in PROPOSAL PRICING FORM, Attachment "B". For extra work not a part of this Agreement, a written authorization by CITY will be required, and payment shall be based on schedule included in PROPOSAL PRICING FORM, Attachment "B. All work shall be in accordance with RFP. No. S- 1371.

3.3 Records of Expenses. CONTRACTOR shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to CITY.

3.4 Termination. CITY shall have the right to terminate this agreement, without cause, by giving thirty (30) days written notice of termination. If the Agreement is terminated by CITY, then the provisions of paragraph 3 would apply to that portion of the work completed.

4.Insurance Requirements

4.1 Commencement of Work. CONTRACTOR shall not commence work under this Agreement until all certificates and endorsements have been received and approved by the CITY. All insurance required by this Agreement shall contain a Statement of Obligation on the part of the carrier to notify the CITY of any material change, cancellation, or termination at least thirty (30) days in advance.

4.2 Workers Compensation Insurance. For the duration of this Agreement, CONTRACTOR and all subcontractors shall maintain Workers Compensation Insurance in the amount and type required by law, if applicable. The insurer shall waive its rights of subrogation against the CITY, its officers, officials, agents, employees, and volunteers.

Docusign Envelope ID:8F3C6C66-DE60-4A71-A4AF-34896776CD6E

4.3 INSURANCE AMOUNTS. CONTRACTOR shall maintain the following insurance for the duration of this Agreement:
(a) Commercial general liability in an amount of $5,000,000.00 per occurrence (claims made and modified occurrence
policies are not acceptable); Insurance companies must
be acceptable to CITY and have a Best's Guide Rating of A- , Class VII or better, as approved by the CITY.
(b) Automobile liability in an amount of $1,000,000.00 combined single limit (claims made and modified occurrence policies are not acceptable); Insurance companies must be acceptable to CITY and have a Best's Guide Rating of A-, Class VII or better, as approved by the CITY.

An On-Going and Completed Operations Additional Insured Endorsement for the policy under section 4.3 (a) shall designate CITY, it's officers, officials, employees, agents, and volunteers as additional insureds for liability arising out of work or operations performed by or on behalf of the CONTRACTOR. CONTRACTOR shall provide to CITY proof of insurance and endorsement forms that conform to CITY's requirements, as approved by the CITY.

An Additional Insured Endorsement for the policy under section 4.3 (b) shall designate CITY, it's officers, officials, employees, agents, and volunteers as additional insureds for automobiles, owned, leased, hired, or borrowed by the CONTRACTOR. CONTRACTOR shall provide to CITY proof of insurance and endorsement forms that conform to CITY's requirements, as approved by the CITY.

For any claims related to this Agreement, CONTRACTOR s insurance coverage shall be primary insurance as respects CITY, it's officers, officials, employees, agents, and volunteers. Any insurance or self- insurance maintained by the CITY, its officers, officials, employees, agents, and volunteers shall be excess of the CONTRACTOR's insurance and shall not contribute with it.

If CONTRACTOR maintains higher insurance limits than the minimums shown above, CONTRACTOR shall provide coverage for the higher insurance limits otherwise maintained by the CONTRACTOR.

5. Non-Liability of Officials and Employees of the CITY. No official or employee of CITY shall be personally liable to CONTRACTOR in the event of any default or breach by CITY, or for any amount which may become due to CONTRACTOR.

Docusign Envelope ID:8F3C6C66-DE60-4A71-A4AF-34896776CD6E

6. Non-Discrimination. CONTRACTOR covenants there shall be no discrimination against any person or group due to race, color, creed, religion, sex, marital status, age, handicap, national origin, or ancestry, in any activity pursuant to this Agreement.

7. Independent Contractor. It is agreed to that CONTRACTOR shall act and be an independent contractor and not an agent or employee of the CITY, and shall obtain no rights to any benefits which accrue to CITY'S employees.

8. Compliance with Law. CONTRACTOR shall comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local government.

CONTRACTOR shall comply with, and shall be responsible for causing all contractors and subcontractors performing any of the work pursuant to this Agreement to comply with, all applicable federal and state labor standards, including, to the extent applicable, the prevailing wage requirements promulgated by the Director of Industrial Relations of the State of California Department of Labor. The City makes no warranty or representation concerning whether any of the work performed pursuant to this Agreement constitutes public works subject to the prevailing wage requirements.

9. Notices. All notices shall be personally delivered or mailed to the below listed address, or to such other addresses as may be designated by written notice.

These addresses shall be used for delivery of service of process. a. (CONTRACTOR)
General Pump Company, Inc.

Attention: Michael Garcia, Vice President of Project Management 159 N. Acacia Street
San Dimas, CA 91773
b. (Address of CITY) (with a copy to):

City of Garden Grove Garden Grove City Attorney
11222 Acacia Parkway 11222 Acacia Parkway
Garden Grove, CA 92840 Garden Grove, CA 92840

10. CONTRACTOR'S PROPOSAL. This Agreement shall include CONTRACTOR'S proposal or bid which shall be incorporated herein by reference. In the event of any inconsistency between the terms of the proposal and this Agreement, this Agreement shall govern.

11. Licenses, Permits, and Fees. At its sole expense, CONTRACTOR shall obtain a Garden Grove Business License, all permits, and licenses as may be required by this Agreement.

12. Familiarity with Work. By executing this Agreement, CONTRACTOR warrants that: (1) it has investigated the work to be performed; (2) it has investigated the site of the work and is aware of all conditions there; and (3) it understands the facilities, difficulties, and restrictions of the work under this Agreement.

Should Contractor discover any latent or unknown conditions materially differing

Docusign Envelope ID:8F3C6C66-DE60-4A71-A4AF-34896776CD6E from those inherent in the work or as represented by CITY, it shall immediately inform CITY of this and shall not proceed, except at CONTRACTOR's risk, until written instructions are received from CITY.

13. Time of Essence. Time is of the essence in the performance of this Agreement.

14. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability, and reputation of CONTRACTOR, its principals and employees were a substantial inducement for CITY to enter into this Agreement.

CONTRACTOR shall not contract with any other entity to perform the services required without written approval of the CITY. This Agreement may not be assigned voluntarily or by operation of law, without the prior written approval of CITY. If CONTRACTOR is permitted to subcontract any part of this Agreement, CONTRACTOR shall be responsible to CITY for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationship between any subcontractor and CITY. All persons engaged in the work will be considered employees of CONTRACTOR. CITY will deal directly with and will make all payments to CONTRACTOR.

15. Authority to Execute. The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement and that by executing this Agreement, the parties are formally bound.

16. Prevailing Wages. The CITY has been advised that the Prevailing Wages Law applies to the work. CONTRACTOR and its subcontractors must be registered with the California Department of Industrial Relations pursuant to Labor Code Section 1725.5. This Agreement shall not be effective until CONTRACTOR provides proof of registration to the CITY. CONTRACTOR shall be responsible for CONTRACTOR's compliance in all respects with the Prevailing Wage Law, including the payment of the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq., including the keeping of all records required by the provisions of Labor Code Section 1776 and the implementing administrative regulations. CONTRACTOR shall submit payroll records to the Labor Commissioner pursuant to Labor Code section 1771.4(a)(3) and shall comply with the job site notices posting requirements established by the Labor Commissioner pursuant to Title 8, California Code of Regulations Section 16461(e) or other regulation promulgated pursuant to Labor Code Section 1771.4(a)(2). Pursuant to Labor Code Section 1771.4, this Project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations. The CITY shall be a third party beneficiary of the forgoing covenant with rights to enforce the same as against the CONTRACTOR.

17. Indemnification. To the fullest extent permitted by law, CONTRACTOR shall defend, and hold harmless CITY and its elective or appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property,

Docusign Envelope ID:8F3C6C66-DE60-4A71-A4AF-34896776CD6E arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of CONTRACTOR, CONTRACTOR's agents, officers, employees, subcontractors, or independent contractors hired by CONTRACTOR in the performance of the Agreement. The only exception to CONTRACTOR's responsibility to protect, defend, and hold harmless CITY, is due to the sole negligence, recklessness and/or wrongful conduct of CITY, or any of its elective or appointive boards, officers, agents, or employees.

This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR.

18. Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefor by the Garden Grove City Council for each fiscal year covered by the term of this Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the CITY.
(Agreement Signature Block on Next Page)

Docusign Envelope ID:8F3C6C66-DE60-4A71-A4AF-34896776CD6E IN WITNESS THEREOF, these parties have executed this Agreement on the day and year shown below.

Date: 8/28/2025 "CITY"
CITY OF GirREAMROVE
By: 13490114C10242E...

City Manager
ATTESTED: Signed by:
`—FGr2+R2lF165�E9...

City Clerk
Date: 8/29/2025
"CONTRACTOR"
Gene Rump Company, Inc.
1iidd Casa
By:

OF32^0708C01^4D .

Michael Garcia
Name:

Title: VP of Project Management
Date: 7/16/2025
95-3551896
Tax ID No.

If CONTRACTOR is a corporation, a
Corporate Resolution and/or Corporate
Seal is required. If a partnership,
Statement of Partnership must be
submitted to CITY.

APPROVEDgASyTO FORM:
"RAR1FF779R44411
Garden Grove City Attorney
7/16/2025
Date
LSDS
S x
8/27/2025

Docusign Envelope ID:8F3C6C66-DE60-4A71-A4AF-34896776CD6E RFP No. S-1371
ATTACHMENT "A"

SCOPE OF SERVICES

ON-CALL SERVICES FOR WATER WELL AND PUMP STATION REPAIRS,

MAINTENANCE, AND REHABILITATION
The City of Garden Grove, Water Division is requesting proposals from qualified contractors to provide annual maintenance and repair services for the City of Garden Grove's wells, booster pumps and electric motor assemblies, on an on-call, as- needed, time and materials basis for a period of one (1) fiscal year with the option for four (4) additional fiscal year extensions.

PROJECT DESCRIPTION
The City of Garden Grove, Water Division includes 13 wells and 17 booster pumps and electric motor assemblies which may occasionally require evaluation and repairs.

This project is to provide annual maintenance and repair services for the City of Garden Grove's wells, booster pumps and electric motor assemblies, on an on-call, as-needed, time and materials basis for a period of one (1) year with the option for four (4) additional year extension.

The City's intent is to enter an agreement with a single contractor for the provisions of these services on an as-needed basis. All performance pursuant to this agreement shall be on an "on-call" or "as-needed" basis. Any tasking shall be initiated solely by the City. Further, execution of an agreement by the City does not in any way guarantee that any tasking or request for on-call services will be issued to any party.

Moreover, execution of an agreement from the City without first having issued tasking or request for services from the contractor.

Some services may include, but not limited to, repair, removal, installation, rehabilitation, replacement of pumps, motors, well columns, base plates, lube assembly, etc., and the furnishing of parts and labor in conjunction with such work.

All work and general conditions shall be performed in accordance with the State Water Control Board (SWRCB), the American Works Association (AWWA) Standards and the National Electrical Manufacturers Association (NEMA) Standards.

CONTRACTORS REQUIREMENTS
All responsive proposals will be considered, and each will be evaluated to ascertain which one bests meets the needs of the City. Additional requests for information may be necessary to clarify parts of the proposal. Contractor requirements include the following:

1. Contractors' headquarters and machine shop must be located within 50 miles of the City of Garden Grove.

2. Contractor must possess a Class A- Engineering and a C-57 Water Well Drilling contractor license to perform work.

Docusign Envelope ID:8F3C6C66-DE60-4A71-A4AF-34896776CD6E

3. Contractor must be specialized in well rehab and equipment services: Airburst, Water Flush pump design and Water Flush installations.

4. Contractor must have an in-house Vertical Turret Lathe and CNC Machine Shop.

5. Provide in-house services in Control and Instrumentation and Fabrication.

6. Project Management Staff must be NGWA certified pump installers.

SCOPE OF SERVICES/WORK

1. Contractor must be able to respond to the City's request for repair and rehabilitation work in a timely manner. The Contractor shall designate a primary contact person to respond to the City's service requests.

2. When the City has determined an equipment evaluation and/or repair or rehabilitation is necessary, City staff will contact the on-call contractor, at its sole discretion, to check Contractor availability to respond and to request an equipment evaluation and/or repair estimate from Contractor. Upon the City's receipt of the estimate, the City will contact the Contractor as to when work may begin.

3. The Contractor shall furnish all material, labor, equipment, and supervision to perform the evaluation, and/or repair or rehabilitation as requested by the City.

The Contractor shall perform such work in a thorough and professional manner.

The Contractor shall secure the well site and its equipment at all-times throughout the duration of work. The Contractor is also responsible for discharging treated water after repair or rehabilitation of the well into an appropriate drainage system in a manner that complies with NDPES regulations and permits.

4. Potential Task Order scope may consist of, but not be limited to:
a. Preliminary Assessment of the Well. This service may include but not be limited to:
i. Conduct a thorough inspection of the well using Dynamic Video Monitoring (DVM), spinner logging, and other diagnostic tools to assess the current condition including the casing, screen, and well components. ii. Assess well yields.
iii. Provide a Preliminary Assessment Report to include contractor recommendations and a detailed Cost Proposal for repair or rehabilitation based on the approved Hourly Cost plus Rates. b. Well cleaning. If needed, the Contractor shall perform well cleaning. The method of cleaning, such as mechanical, chemical, or airlift cleaning, will be determined by the City based upon the Preliminary Assessment Report and

Docusign Envelope ID:8F3C6C66-DE60-4A71-A4AF-34896776CD6E recommendations submitted by the Contractor. The Cost Proposal for these services shall be based on the approved Hourly Cost plus Rates. c. Well Rehabilitation. Well rehabilitation scope may include but is not limited to:
i. Casing and screen repairs and swedging. Repair or replace sections of the well casing or screen to maintain the structural integrity and improve the water flow.
ii. Reconditioning of the well. This may involve over-pumping, airlifting, or other techniques to remove residual debris and restore well capacity. iii. Grouting and sealing. If needed, re-grout or seal the well to prevent contamination and improve water quality.
d. Repair of well pumps, motors and appurtenances. The City will contact the contractor when a problem with a pump, motor or appurtenances occurs.

If onsite repairs are not possible, the Contractor and the City will decide if the pump, motor or other appurtenances need to be pulled and sent to the Contractor's shop for assessment. Contractor shall prepare an Assessment Report and a detailed Cost Proposal, based on the approved Hourly Cost plus Rates for labor and parts, to make repairs. Any replacement parts or materials must be noted for approval by the City. Contractor shall submit this Assessment Report and Cost Proposal in writing to the City. e. Vibration testing. Conduct baseline vibration measurements on the existing pump and motor prior to any rehabilitation work. This helps establish a reference point for evaluating the effectiveness of repairs and identifying any pre-existing issues. Analyze the vibration data to identify potential issues such as misalignment, imbalance, bearing wear, or other mechanical problems that could affect pump performance. Once the pump is reinstalled (whether it's the rehabilitated original pump or a new one), vibration testing shall be performed to ensure that it is operating within acceptable vibration limits. Contractor shall compare the post-installation vibration data with the pre-rehabilitation baseline to confirm that any issues have been resolved or to detect any new issues that may have arisen during the installation process. f. Efficiency testing. Conduct efficiency tests on the existing pump and well system before any repair or rehabilitation work, including flow rate, total dynamic head, and electrical consumption to establish a baseline for comparison. Analyze the initial efficiency data to identify inefficiencies or issues, such as excessive energy consumption, low flow rates, or decreased well yield. Based on the initial efficiency testing, recommend specific measures to improve the system's efficiency. This could include pump resizing, impeller trimming, motor upgrades, or other system modifications. Contractor shall compare post-rehabilitation efficiency data with the pre-rehabilitation baseline to quantify the improvements in efficiency and performance. The Contractor

Docusign Envelope ID:8F3C6C66-DE60-4A71-A4AF-34896776CD6E shall have the ability to analyze the data from these tests to make recommendations to the City on well maintenance, repairs or rehabilitation needed to meet performance requirements. The recommendations shall be submitted to the City in an official report detailing the findings. The recommendations from the Contractor for repairs to wells do not guarantee that the work will be performed or said Contractor will be chosen to perform the work recommended.

5. If the City agrees with the recommendations of the Preliminary Assessment Report or Assessment Report, and the terms of the Cost Proposal, the City will issue a Notice to Proceed (NTP) to the Contractor in writing for repairs or rehabilitation services. No work shall commence until the City has issued an NTP.

6. All work and general conditions shall be performed in accordance with the current City Standard Specifications, Cal-OSHA, Public Works Construction (Green Book), the State Water Resources Control Board Health Guidelines, and the American Water Works Association (AWWA) Standards and other applicable regulatory requirements.

7. Contractor is required to pay California prevailing wages and applicable fringe benefits. Wages shall be paid and reported directly to the California Department of Industrial Relations (DIR) according to the DIR's requirements.

8. For each on-call Task Order, provide a final report in PDF format and detailed accounting statement with back-up summarizing the repair, inspection, and any other work performed. The report shall include photographs of the initial site condition, repair progress, failed components, new components, and final site condition. Additionally, the report shall include technical information from the manufacturer identifying the new components installed and recommended maintenance. The report shall be submitted within 10 business days of completion of the work. Interim reports may be required by the City depending on the duration and complication of the task. Interim reports shall be submitted within a week of the request by the City.

Submittal Information
• Proposals must be submitted electronically only via the City's Planet Bids portal. Instructions on how to submit an electronic proposal via the City's Planet Bids portal can be found under the "Documents" tab. • All proposals must be received no later than 9:00 a.m., local time, on June 12, 2025, electronically via the Planet Bids portal ONLY. Late proposals or proposals submitted via paper copy, fax or email will not be accepted for any reason.
• Proposers must attach one single PDF file copy of their "Attachment "B" Proposal Pricing Form", Pages 28-29, included in this RFP document, as a "General Attachment".

Docusign Envelope ID:8F3C6C66-DE60-4A71-A4AF-34896776CD6E "ATTACHMENT B"
RFP NO. S-1369
(On-Call Water Well and Pump Station Work)
PROPOSAL PRICING FORM (Page 1 of 2)
DESCRIPTION UNIT RATE
1 Mobilization and Demobilization Fee Per Job $ 2,000.00 2 3-Man Crew & Standard Pump Pulling Rig Hour $ 740.00 3 1 Operator & 40-Ton Crane Hour $ 410.00 4 1-Person Crew, Service Support Rig for the 40-Ton Crane Hour $ 310.00 5 2-Person Crew and Combination Rig Hour $ 560.00 6 2-Person Crew and Standard Pump pulling Rig Hour $ 400.00 7 Wire Brush or Swab Rental Each $ 550.00 8 Flatbed Truck and Driver Hour $ 170.00 9 Rotary Crane (up to 17-Ton) & 1-Person Crew Hour $ 340.00 10 Rotary Crane & two Person Crew Hour $ 475.00 11 Service Truck and 1 Pump Mechanic, Electrician or General Ser Hour $ 195.00 12 Service Truck& 1 Pump Mechanic & Helper Hour $ 330.00 13 Pipeline Fabricator Hour $ 205.00 14 Shop Labor - Pump Mechanic Hour $ 120.00 15 Shop Labor - Machinist or Welder Hour $ 120.00 16 Overtime & Saturdays (Additional Rate) Hour $ 70.00 17 Sundays & Holidays (Additional Rate) Hour $ 135.00 18 Control & Instrument Specialist Hour $ 205.00 19 Flowmeter Rental Day $ 60.00
20 Air Compressor Hour $ 160.00
21 Additional Helper Hour $ 135.00 22 Video Log - Color with Downhole and Side Scan Per DVD $ 1,300.00 23 Re-Video Log - Color with Downhole and Side Scan Per DVD $ 1,250.00 24 Dynamic Video with Mini Camera Hour $ 215.00 25 Test pump - Above 300-Hp Drive/Generator Hour $ 200.00 26 Test Pump - Below 300-Hp Drive/Generator Hour $ 250.00 27 1-Person Crew and Chemical Distribution Trailer, with Safety E Hour $ 360.00 28 Mileage Charge Per Mile $ 2.00
29 Disposal of Well Development Fluids Gallon $ 3.00 30 Downhole Pump Installation/Removal Foot $ 68.00 31 Well development Using Airlift Hour $ 840.00 32 Disinfection and Chlorination Well $ 3,700.00 PLEASE DO NOT CHANGE THE FORMAT OR ALTER THIS FORM IN ANY WAY.

Partial proposals will not be accepted! ALL LINES ON THIS FORM

MUST BE COMPLETED OR THE CITY RESERVES THE RIGHT TO

DEEM PROPOSALS AS NON-RESPONSIVE
28

Docusign Envelope ID:8F3C6C66-DE60-4A71-A4AF-34896776CD6E "ATTACHMENT B"
RFP NO. S-1371
(On-Call Water Well and Pump Station Work)
PROPOSAL PRICING FORM (Page 2 of 2)
It is understood and agreed that:
a) No verbal agreement or conversation with any officer, agent or employee of CITY, either before or after the execution of the Agreement shall affect or modify any of the terms or obligations of this Proposal.
b) CITY will not be responsible for any errors or omissions on the part of the undersigned in formulating the proposed prices, nor will Proposer be given relief on account of error.
c) The undersigned hereby certifies that this Proposal is genuine and is not sham or collusive, or made in the interest or on behalf of any person not herein named, and that the undersigned has not directly or indirectly induced or solicited any other proposer to put in a sham proposal, or any other person, firm or corporation to refrain from proposing, and that the undersigned has not in any manner sought, by collusion, to secure for himself an advantage over any other proposer. d) The undersigned is licensed in accordance with the Laws of the State of California. e) All proposals shall be signed in ink by the president, chief executive officer, or individual authorized to act on behalf of the company, with current Power of Attorney if applicable. The name and mailing address of the individual making the proposal must be provided.

Check below where appropriate:

Partnership: That are partners,
doing business under the firm name of and that the co- partnership makes the accompanying proposal.

Individual: That is the bidder and
makes the accompanying proposal.

COMPANY NAME: General Pump Company, Inc.

BIDDERS NAME: Michael Garcia
EMAIL ADDRESS: [email protected]
PHONE NUMBER: 909-599-9606
06/12/2025
AUTHORIZE SIGNATURE DATE
29

Docusign Envelope ID:8F3C6C66-DE60-4A71-A4AF-34896776CD6E Print Date 7/16/2025 7:49:56 AM Page 1 of 1 EBIx City of Garden Grove
Compliance Summary Report
Vendor Number Vendor Name AM Best Rating Insurance Carrier Policy# Eff.Date Exp.Date Coverage V00698 GENERAL PUMP COMPANY, Compliant
INC.

Ag,XV American Casualty Company of 7039961476 8/31/2024 8/31/2025 Auto Liability Reading,Pennsylvania
Ag,XV The Continental Insurance 7039961509 8/31/2024 8/31/2025 Excess Liability Company
Ag,XV Valley Forge Insurance Company 7039961462 8/31/2024 8/31/2025 General Liability Ag,XV National Fire Insurance Company 7039961512 8/31/2024 8/31/2025 Workers Comp of Hartford
Risk Profile: Standard(not professional services or construction) Required Additional Insured: City of Garden Grove,its officers,officials,agents,employees and volunteers

Docusign Envelope ID:8F3C6C66-DE60-4A71-A4AF-34896776CD6E

EXECUTION VERSION
GENERAL PUMP COMPANY,INC.

WRITTEN CONSENT IN LIEU OF A MEETING

OF THE BOARD OF DIRECTORS
October 24,2024
The undersigned, being all the members of the Board of Directors(the "Board") of General Pump Company,Inc.,a California corporation(the"Corporation"),pursuant to the California Corporations Code (the "Code") and the Bylaws of the Corporation (the "Bylaws"), adopts the following resolutions by written consent:

I. SIGNING AUTHORITY
WHEREAS,the Board desires to confirm the individuals authorized to sign on behalf of the Corporation with respect to bids,bid bonds and contracts.

RESOLVED, that as of the date hereof, each of the following individuals is authorized to sign on behalf of the Corporation with respect to bids, bid bonds and contracts with the title and in the amount set forth opposite such individual's name below:

Peter Brooks Chief Executive Officer $2,000,000 Michael Bodart Chief Financial Officer $2,000,000
Tim Oman President $3,000,000
Martin Bland Treasurer $3,000,000
Jim Bruneio General Manager $2,000,000
Tom Nanchy Sr. Project Manager $1,000,000
Michael Garcia Vice President of Project $1,000,000
The actions taken by this written consent shall have the same force and effect as if taken at a meeting of the Corporation's Board duly called and constituted pursuant to the Bylaws and the Code and shall be filed with the minutes of the proceedings of the Corporation's Board. This consent may be executed by electronic signature.
(Remainder of Page Intentionally Left Blank; Signature Page Follows)

Docusign Envelope ID:8F3C6C66-DE60-4A71-A4AF-34896776CD6E IN WITNESS WHEREOF,the undersigned have executed this written consent as of the date first written above.

BOARD:

DocuSigned by:
paw bracts
DocuSigned by:
(ParallAi
9 C78 1 34E0 .

MichaelWarady
Signature Page to Written Consent of the Board of General Pump Company, Inc.

Print Date 9/2/2025 9:53:03 AM Page 1 of 1 EBIx City of Garden Grove
Compliance Summary Report
Vendor Number Vendor Name AM Best Rating Insurance Carrier Policy# Eff.Date Exp.Date Coverage V00698 GENERAL PUMP COMPANY, Compliant
INC.

Ag,XV American Casualty Company of 7039961476 8/31/2025 8/31/2026 Auto Liability Reading,Pennsylvania
Ag,XV The Continental Insurance 7039961509 8/31/2025 8/31/2026 Excess Liability Company
Ag,XV Valley Forge Insurance Company 7039961462 8/31/2025 8/31/2026 General Liability Ag,XV Valley Forge Insurance Company 7039961512 8/31/2025 8/31/2026 Workers Comp Risk Profile: Standard(not professional services or construction) Required Additional Insured: City of Garden Grove,its officers,officials,agents,employees and volunteers

Item 278/2025
City of Garden Grove

INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: William E. Murray
Dept: City Manager Dept: Public Works
Date: 8/26/2025
Subject: Award a contract to General Pump Company for on-call services for water well and pump station repairs, maintenance and rehabilitation. (Cost: Not-to-Exceed: $500,000/per year)(Action Item)

OBJECTIVE
To request City Council to award a contract to General Pump Company for on-call services for water well and pump station repairs, maintenance and rehabilitation.

BACKGROUND
The City has 13 wells and five (5) booster pump stations that are essential for supplying daily emergency and fire flow demands within the City's water service area. Each of these aging wells, pumps and motors need to be maintained to ensure reliable operation and to extend the useful life of the pump equipment. In addition, over the last five (5) years, the wells and pumps have been undergoing more frequent periods of heavy use since the discovery of PFAS groundwater contamination. During these periods, where wells have been shut down for contamination, the City had other wells increase operational intervals to help compensate for meeting water supply demands. Thus, leading to more wear on the water system's equipment. Currently, there is no existing blanket purchase order with a vendor to enable staff to quickly mobilize a contractor and begin the required repair, rehabilitation or emergency services. Should one pump fail, it could lead to costs upwards of $250,000.

DISCUSSION
Request For Proposals (RFP) No. S-1371 was advertised on May 13, 2025. The proposal document was posted on the City's website on May 13, 2025, via the Planet Bids on-line bidding system. Two (2) proposals were received and opened on June 25, 2025. The Source Selection Committee (SSC) review scores were completed on July 9, 2025. The analysis below indicates the Proposal Pricing and the SSC scores:

COMPANY NAME SCORE
General Pump Company, Inc. 285
Layne Christensen Company 174
Final

Item 278/2025
General Pump Company, Inc. was selected based on the qualifications, capabilities, response time and most competitive pricing that best fit the needs of the City.

FINANCIAL IMPACT
The agreement establishes a not-to-exceed $500,000 for an initial one-year term, with the option to extend for up to four additional years, subject to the availability of budgeted funds.

The initial year's funding has been incorporated into the City's adopted Fiscal Year 2025-26 Water Enterprise operating budget.

RECOMMENDATION
It is recommended that the City Council:
• Award a contract to General Pump Company for on-call services for water well and pump station repairs, maintenance and rehabilitation in the amount not-to-exceed $500,000 annually for up to five fiscal years; and • Authorize the City Manager, or designee, to execute the contract on behalf of the City, and make minor modifications thereto as necessary.

By: Samuel Kim, P.E
Deputy Public Works Director/
Water Services Manager
Attachment: Agreement

ATTACHMENT(S)

1. Agreement

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

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

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

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

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

X NO

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

X NO
Answering yes to either of the two questions above does not preclude the Upland City Council from awarding a contract or approving an application or any subsequent action. It does, however, preclude the identified Council Member(s)from participating in any actions related to your proposal or application.

03.11.2026 / z
Date Signati6re of authorized individual
General Pump Company
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.

����°� °p`q� CITY
�r. .__. ..` "The City of Gracious Living" ''' 5 oid.

DATE: April 13,2026
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:DAMIEN R.ARRULA,ASSISTANT CITY MANAGER

JESSICA GANDARA,RECREATION&COMMUNITY SERVICES MANAGER

MEGHAN MEADE,RECREATION&COMMUNITY SERVICES SUPERVISOR
SUBJECT: CONSIDER APPROVAL OF THE APPROPRIATION OF FUNDS FOR THE PURCHASE OF

SAFETY NETTING AT CITRUS PARK
RECOMMENDED ACTION:

It is recommended that the City Council approve a budget amendment and appropriate $82,709 from Park Development Impact Fee(DIF)toward the Citrus Park Safety Netting Project.

GOAL STATEMENT
The proposed action supports the City's goal of maintaining and improving City sports field safety infrastructure.

BACKGROUND
On December 9,2024,the City Council received and filed the Development Impact Fee Five-Year Report for Fiscal Years 2024-2025 through 2028-2029.

On January 12,2026,the City Council received and filed the Annual Comprehensive Financial Report(ACFR).

ISSUES AND ANALYSIS
Citrus Park serves as one of the City of Upland's main locations for youth baseball—the home of Upland American Little League. The facility accommodates programmed and non-programmed baseball use throughout the year, including the use of an open practice field that sits adjacent to neighboring homes.

Recently, a challenge has emerged with numerous baseballs clearing the existing walls and entering neighboring homes' yards. These occurrences create present potential safety concerns for the affected residents and properties.

Upon review of the site conditions and operational needs, staff has determined that the installation of safety netting would provide an effective and practical solution to mitigate ball travel beyond the field boundaries.Historically,no safety netting has been installed at Citrus Park,and the proposed improvement would enhance safety and the overall functionality of the sports facility for those properties immediately adjacent to the north field.

Staff conducted an informal bidding process for the project in accordance with the California Uniform Public Construction Cost Accounting Act(CUPCCAA). As the project falls within the applicable CUPCCAA thresholds,it is eligible for approval by the City Manager. While the Development Impact Fee Five Year Report did not identify funds for this project, only $700,000 of project expenditures were earmarked. There was $1,031,367 in the ending fund balance in the Park DIF Fund in the FY 2025 ACFR. Accordingly,there are sufficient unallocated funds for this project. While the project is within the City Manager's CUPCCAA approval authority, Park DIF funds need to be formally appropriated for this project in order to execute an agreement with Judge Netting Barrier Specialists.Upon agreement execution,the project is anticipated to commence within approximately 5-7 weeks.

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 estimated project cost is$82,709.After the attached budget amendment is approved,there will be available funds in the Park DIF Citrus Park Netting Project Account No.4247500-5540-87004.

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

4 of riz.z

CITY OF UPLAND
' BUDGET AMENDMENT
P - c tiP
•LIF04•
Date: 4/13/2026 Fiscal Year: FY25-26
Requested by: Charles Kwon Amount: $ 82,709.00 Dept/Div: Finance Description: 4/13/2026 Council Meeting Citrus Park Safety Netting

EXPENDITURES
Proposed
Account Number Dept/Account Description Adopted Budget Current Budget Amendment Amended Budget 4247500-5540-87004 Park DIF/Capital Projects - - 82,709.00 82,709.00 Total - - 82,709.00 82,709.00

REVENUES
Proposed
Account Number Account Description Adopted Budget Current Budget Amendment Amended Budget Total - - -
FiscalImpact 82,709.00
REASON/JUSTIFICATION (Please be specific)
❑ Reallocation of maintenance&operations to cover actual expense/encumbrances ❑ Estimated revenue adjustment for donations/other sources of revenue ❑ Appropriation line item adjustment to match funds received by grant, donations of other sources (deposit) ❑ Emergency purpose:

Description of Expense:

El Other- Explain:

CONSIDER APPROVAL OF APPROPRIATION OF FUNDS FOR THE PURCHASE OF SAFETY NETTING AT CITRUS PARK This request is directly related to:
❑ Purchase Requisition No. Vendor:

El Council Meeting action: 4/13/2026 (Attach copy of minutes) Increase Purchase Order# OR Requisition #

APPROVALS
Dept Head Approval: Date:

Finance Officer: Date:

Funds Available? ❑Yes ❑No
o Approved ❑ Denied
City Manager*: Date:
*Not required if approved by City Council
Comment:

Finance Division Only:

BA#: 10266064 Help Ticket#: N/A
Journal #: Initial/Date:

Revised:3/2024 Page 18a/:o%1A7A92 PM

����°� °p`q� CITY
�r. .__. ..` "The City of Gracious Living" ''' 5 oid.

DATE: April 13,2026
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:DAMIEN R.ARRULA,ASSISTANT CITY MANAGER

JESSICA GORDON,DEPUTY PUBLIC WORKS DIRECTOR-OPERATIONS

BOB CRITCHFIELD,ENGINEERING MANAGER
SUBJECT: CONSIDER APPROVING THE NOTICE OF COMPLETION FOR THE 11TH STREET

FLASHING SIGNAL BEACON&ALLEY IMPROVEMENTS 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 11th Street Flashing Signal Beacon &Alley Improvements Project.

GOAL STATEMENT
The proposed action supports the City's goal of maintaining and improving the City's public alley and traffic facilities.

BACKGROUND
On August 12,2024,the City Council awarded the 11th Street Flashing Signal Beacon&Alley Improvements Project to Gentry General Engineering, Inc. and authorized $295,000 (including contingencies) for the work. The scope of work included installation of PVC electrical conduits,pull boxes, electrical service and foundation, flashing beacon equipment,reconstruction of asphalt concrete pavement in the alley,installation of a concrete"V"gutter,and concrete sidewalk restoration.

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 total project cost was$264,980.

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 June 12,2024.

FISCAL IMPACTS
There is no fiscal impact associated with this action.

ALTERNATIVES
Provide alternative direction to staff.

CEQA: Determined to be categorically exempt from further environmental review pursuant to Section 15301(c) (Existing Facilities), of the CEQA guidelines. The City filed the Notice of Exemption with the County of San Bernardino on June 12,2024.

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 N/A, in and to the hereinafter described property.

The work was completed on that certain work known as Project No. 7031, 85003, 86004, 11th Street Flashing Signal Beacon & Alley Improvements for the undersigned City of Upland, a Municipal Corporation, on the 16th day of December, 2025.

The City accepted the job on the 13th day of April, 2026.

The Contractor on said job was Gentry General Engineer, Inc. of Colton, California.

The improvement(s) consisted of providing for a new meter pedestal and electrical feed source, 200 feet of alley trenching and electrical conduit installation from 11th Street south to an existing SCE power pole located on the east side of the Alley.

The project also involved concrete sidewalk, alley approach, and alley ribbon gutter improvements, and asphalt paving restoration. Beneficiaries of the project include school children that attend Baldy View Elementary School, all residents and property owners along 11th Street, as well as any member of the public that may travel on the public roadway. The location of the improvements occurred along the south side of 11th Street, 490 feet east of Mountain Avenue and adjoining alley south of 11th Street(between Spruce Ave. and Birch Ave.), in Upland, California.

The surety was The Ohio Casualty 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 13th day of April, 2026 at Upland, California.

City of Upland, a Municipal Corporation
Michael Blay, City Manager

4<�°v °p`qt CITFUP LAND
o "The City of Gracious Living"
- -
DATE: April 13,2026
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:DAMIEN R.ARRULA,ASSISTANT CITY MANAGER
JESSICA GORDON,DEPUTY PUBLIC WORKS DIRECTOR—OPERATIONS

RICHARD SMIDERLE,OPERATIONS MANAGER

ALEX GONZALEZ,OPERATIONS SUPERVISOR
SUBJECT: CONSIDER APPROVING THE PURCHASE OF TWO CHEVROLET SILVERADO

ELECTRIC VEHICLES FROM NATIONAL AUTO FLEET GROUP
RECOMMENDED ACTION:

It is recommended that the City Council approve the purchase of two (2)new 2026 Chevrolet Silverado EV e4WD Crew Cab Standard Range Work Trucks from National Auto Fleet Group for a total amount of$117,114.12; and authorize the City Manager to execute all necessary documents for the purchase of the vehicles.

GOAL STATEMENT
The proposed action supports the City's goal of the ongoing long-term City-wide fleet replacement and modernization program.

BACKGROUND
The Public Works Fleet Maintenance Division(Fleet)is responsible for purchase,disposal,maintenance and operation of City vehicles and equipment. As part of the City's long-term fleet replacement and modernization program, the Fleet Maintenance Division works with all the City's Departments on designing,acquisition,and vehicle replacement.

At the request of the Water Division,Fleet staff sought bids to replace two vehicles, one(1)2017 Dodge Ram 1500 and one (1)2007 Ford F-150. Fleet confirmed these older vehicles met one or more of the City's fleet replacement criteria conditions including, but not limited to, 10 to 15 years of service, mileage exceeding 100,000 miles, poor vehicle condition,or cumulative maintenance and repair costs that exceed the cost of a new vehicle.

ISSUES AND ANALYSIS
Utilizing cooperative purchasing Sourcewell contract(#081325-NAF), Fleet staff requested an updated quote from National Auto Fleet Group for the purchase of two (2) new 2026 Chevrolet Silverado EV Standard Range Work Trucks.

With the anticipated construction of several electric vehicle charging stations at the Public Works yard scheduled to begin in late spring,the City has an opportunity to proactively position its fleet to fully utilize this new infrastructure upon completion.It is both strategic and operationally beneficial to begin integrating compatible electric vehicle assets in coordination with the supportive EV infrastructure.

In addition to supporting operational needs,the integration of Chevrolet's Silverado EV work trucks aligns with the broader sustainability goals and the City's ongoing efforts to modernize its fleet. It is also worth noting that regional providers, including Southern California Edison and Southern California Gas Company, have already begun incorporating EV Silverado models into their fleets.Their adoption of these vehicles demonstrates both the practicality and reliability of this platform in similar operational environments.

The City of Upland is a Sourcewell member. Sourcewell, formally known as the National Joints Powers Alliance (NJPA) is a self-sustaining government organization with over forty (40) years of dedicated service helping government, education, and nonprofit organizations operate efficiently by providing contract purchasing solutions through Cooperative Purchasing.Cooperative Purchasing is"procurement conducted by,or on behalf of,one or more Public Procurement Units"as defined by the American Bar Association Model Procurement Code for State and Local Governments.This arrangement allows multiple agencies to combine their buying requirements into a single contract

and aggregate volume to enhance their purchasing power. Participation in Sourcewell is available at no-cost, no obligation, and no liability to public agencies, school districts, state colleges, universities, and local governments.

Sourcewell follows the competitive contracting law process to solicit, evaluate, and award cooperative purchasing contracts for goods and services.

The purchase of the two(2)new 2026 Chevrolet Silverado EV e4WD Crew Cab Standard Range Work Truck from National Auto Fleet Group via Sourcewell Contract No.081325-NAF in the amount of$117,114.12.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.

ENVIRONMENTAL DETERMINATION
The purchase of a vehicle for maintenance is not considered a project under the California Environmental Quality Act (CEQA)and is Exempt from CEQA.

FISCAL IMPACTS
The total fiscal impact of this action is$117,114.12. There are funds available in the Water Utility Vehicles Account No. 6406201-5531 ($58,557.06)and Account No. 6406206-5531 ($58,557.06).

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

1/27/26,4:45 PM Sell,service,and deliver letter . :. National Auto Fleet Group
A DlwIalon of Chewrolet of YYateonwllle
49J Auto Center Drive. Watsanville, CA 8507H
(855) 2B9-6572 • (B31) 480-8407 Fox
FleetaNatiano IA u to FI eetn raup,aom
1/27/2026 Quote ID: 34155 R1
Order Cut Off Date: TBA
Mr Alex Gonzalez
City of Upland
1370 N Benson Ave
Upland, California, 91786
Dear Alex Gonzalez,
National Auto Fleet Group is pleased to quote the following vehicle(s)for your consideration.

Two (2) New/Unused (2026 Chevrolet Silverado EV(CT35843) e4WD Crew Cab Standard Range Work Truck, delivered to your specified location, each for
One Unit One Unit Total % Extended Total Savings (MSRP) Savings Unit's (2)
Contract Price $55,895.00 $54,146.92 3.127 % $108,293.84 $3,496.16 Tax (7.7500 %) $4,196.39 $8,392.78
Tire fee $8.75 $17.50
Transportation $205.00 $410.00
Total $58,557.06 $117,114.12
- per the attached specifications.

This vehicle(s) is available under the Sourcewell Contract 081325-NAF . Please reference this Contract number on all purchase orders to National Auto Fleet Group. Payment terms are Net 20 days after receipt of vehicle.

Thank you in advance for your consideration. Should you have any questions, please do not hesitate to call.

Sincerely,
Yesenia Covarrubias
Account Manager
[email protected]
(626) 457-5590
Qol?
EVINILET TOYOTA

https://www.nationalautofleetgroup.com/OrderRequest/SSDPrint/34155?ws=true&se=true&ssdType=QuickQuote 2/11

1/27/26,4:45 PM Sell,service,and deliver letter Vehicle Configuration Options

EMISSIONS
Code Description
YF5 Emissions, California state requirements
ENGINE
Code Description
ENO Engine, none, (STD)

TRANSMISSION
Code Description
MF1 Transmission, none, (STD)

PREFERRED EQUIPMENT GROUP
Code Description
4WT Work Truck Preferred Equipment Group, includes standard equipment WHEELS
Code Description
RT3 Wheels, 18" X 8.0" (45.7 cm x 20.3 cm), steel, (STD) TIRES
Code Description
QWJ Tires, LT265/70R18, all-season blackwall, (STD)
PAINT
Code Description
GAZ Summit White

SEAT TYPE
Code Description
AR9 Seats, front bucket, (STD)

SEAT TRIM
Code Description
H9F Black, Evotex seat trim

CHARGING CORD
Code Description

https://www.nationalautofleetgroup.com/orderRequest/SSDPrint/34155?ws=true&se=true&ssdType=QuickQuote 4/11

1/27/26,4:45 PM Sell,service,and deliver letter Dual Level Charge Cord, dual-mode, portable, 120-volt (1.4 kW) and 240-volt (7.7 kW) PSC capability, swappable NEMA 5-15 and NEMA 14-50 plugs with SAE J1772 vehicle connection
GVWR
Code Description
C5F GVWR, 9990 lbs. (4531 kg)

https://www.nationalautofleetgroup.com/OrderRequest/SSDPrint/34155?ws=true&se=true&ssdType=QuickQuote 5/11

1/27/26,4:45 PM Sell,service,and deliver letter 2026 Fleet/Non-Retail Chevrolet Silverado EV e4WD Crew Cab Standard Range Work Truck

WINDOW STICKER
2026 Chevrolet Silverado EV e4WD Crew Cab Standard Range Work Truck
CODE MODEL MSRP
CT35843 2026 Chevrolet Silverado EV e4WD Crew Cab Standard Range Work Truck $52,800.00

OPTIONS
YF5 Emissions, California state requirements $500.00 ENO Engine, none, (STD) $0.00
MF1 Transmission, none, (STD) $0.00
4WT Work Truck Preferred Equipment Group, includes standard equipment $0.00 RT3 Wheels, 18"X 8.0" (45.7 cm x 20.3 cm), steel, (STD) $0.00 QWJ Tires, LT265/70R18, all-season blackwall, (STD) $0.00 GAZ Summit White $0.00
AR9 Seats, front bucket, (STD) $0.00
H9F Black, Evotex seat trim $0.00
PSC Dual Level Charge Cord, dual-mode, portable, 120-volt(1.4 kW)and 240-volt(7.7 kW)capability, $0.00 swappable NEMA 5-15 and NEMA 14-50 plugs with SAE J1772 vehicle connection C5F GVWR, 9990 lbs. (4531 kg) $0.00
Please note selected options override standard equipment SUBTOTAL $53,300.00
Advert/Adjustments $0.00
Manufacturer Destination Charge $2,595.00
TOTAL PRICE $55,895.00
Est City: N/A MPG
Est Highway: N/A MPG
Est Highway Cruising Range: N/A mi
Any performance-related calculations are offered solely as guidelines.Actual unit performance will depend on your operating conditions.

Notes

https://www.nationalautofleetgroup.com/OrderRequest/SSDPrint/34155?ws=true&se=true&ssdType=QuickQuote 6/11

1/27/26,4:45 PM Sell,service,and deliver letter

https://www.nationalautofleetgroup.com/OrderRequest/SSDPrint/34155?ws=true&se=true&ssdType=QuickQuote 7/11

1/27/26,4:45 PM Sell,service,and deliver letter Standard Equipment

MECHANICAL
Engine, none (STD)
Dual Level Charge Cord, dual-mode portable, 120-volt (1.4 kW) and 240-volt (7.7 kW) capability, swappable NEMA 5-15 and NEMA 14-50 plugs with SAE J1772 vehicle connection Transmission, none (STD)
GVWR, 9990 lbs. (4531 kg)

EXTERIOR
Wheels, 18" X 8.0" (45.7 cm x 20.3 cm), steel (STD)
Tires, LT265/70R18, all-season blackwall (STD)

INTERIOR
Seats, front bucket (STD)

ADDITIONAL EQUIPMENT
Assisted Driving Package includes (UGN) Enhanced Automatic Emergency Braking, (UVZ) Reverse Automatic Braking, (UFB) Rear Cross Traffic Braking, (CTB) Intersection Automatic Emergency Braking, (UKK) Rear Pedestrian Alert, (HS1) Safety Alert Seat, (UOW) Side Bicyclist Alert, (UVX) Traffic Sign Recognition, (UV2) HD Surround Vision and (KSG)Adaptive Cruise Control (Includes (UKI) Blind Zone Steering Assist and (UKM) Lane Keep Assist with Lane Departure Warning.) Pickup bed, 5 ft 11 inches
Electronic Precision Shift electronic transmission range selector with Low selection for throttle off regenerative braking and one-pedal driving capability
Emission system zero emission vehicle (ZEV)
Chassis, Dual Motor 4WD
Dual Motor 4WD Performance Torque Vectoring Dual Motor 4WD (Electronic), 2 motors (1 front & 1 rear electric drive unit)
Front Drive Unit 1-motor, Integrated Inverter, Park System Rear Drive Unit 1-motor, Integrated Inverter
Battery Pack, Standard Range (Up to 510 hp and 490 lb-ft of torque in Tow/Haul Mode.) DC fast charging (14MOD is 475V, up to 220kW)
Charging module, 11.5 kW high-voltage
Vehicle-to-home all V2H-capable GM EV's can provide power to your properly equipped home in a blackout to all equipment groups (The GM Energy PowerShift Charger and GM Energy V2H Enablement Kit requires an adequately charged and properly equipped GM EV having bidirectional charging capabilities, a properly equipped home, and proper grid interconnection. Some eligible 24MY EVs will require a dealership or over-the-air update to enable bidirectional charging. Weather conditions, life of the battery, vehicle variation and usage, and other external factors may impact the

https://www.nationalautofleetgroup.com/OrderRequest/SSDPrint/34155?ws=true&se=true&ssdType=QuickQuote 8/11

1/27/26,4:45 PM Sell,service,and deliver letter duration of power supply. Power supply may be interrupted. It is not recommended that the following devices be powered with the GM Energy PowerShift Charger and V2H Enablement Kit: Medical Devices.)
Suspension, 4-wheel independent suspension with premium ride and handling Brakes, front and rear sliding caliper disc with DURALIFE rotors, with Variable Regen on Demand capability
Brake rotor, FNC
Trailer brake controller, integrated
Tow/Haul Mode
Jack, mechanical, with tools located in the eTrunk
Wheel, spare, 18" X 8.0" (45.7 cm x 20.3 cm), steel
Tire, spare LT225/65R18, all-season blackwall
Shutters, front upper and lower grille, active
IntelliBeam, automatic high beam on/off
Headlamps, LED with LED Daytime Running Lamps
Tail lamps, LED
LED Cargo Area Lighting located in cargo bed activated with switch on instrument panel Mirrors, outside heated power-adjustable
Mirror caps, painted Black
Window, front side, solar absorbing
Window, rear side, solar absorbing, privacy tinting
Glass, deep-tinted, rear door and rear cab
Tailgate, standard
Tailgate, gate function manual with EZ Lift
Tailgate, locking
Door handles, body-color
SiriusXM Trial Subscription (IMPORTANT: the SiriusXM trial subscription is not provided on vehicles that are ordered for Fleet Daily Rental ("FDR") use. Trial subscription is subject to the SiriusXM Customer Agreement and privacy policy, visit www.siriusxm.com which includes full terms and how to cancel. All fees, content, features, and availability are subject to change.) Audio System, 17.7" diagonal advanced color LCD display with Google built-in compatibility (select service plan required, terms and limitations apply), including navigation capability, connected apps, personalized profiles for each driver's settings, Natural Voice Recognition Audio system feature, 6-speaker system
Wi-Fi Hotspot capable (Terms and limitations apply. See onstar.com or dealer for details.) 5G vehicle connectivity
Evotex seat trim
Seat adjuster, driver 6-way manual
Seat adjuster, front passenger 4-way manual
Seat, rear 60/40 folding bench
Center console, floor-mounted 4 cup holders, USB port, Auxiliary and 120V Power Outlets Floor Covering, all-weather vinyl flooring
Steering Wheel, urethane

https://www.nationalautofleetgroup.com/OrderRequest/SSDPrint/34155?ws=true&se=true&ssdType=QuickQuote 9/11

1/27/26,4:45 PM Sell,service,and deliver letter Steering column, manual tilt and telescoping
Steering wheel audio controls
Driver Information Center 11" diagonal display with fully digital color Windows, remote Express-Down, front and rear door windows Door locks, power
Remote vehicle starter system pre-conditioning
Keyless Open and Start includes remote keyless entry
Adaptive Cruise Control (Included with (AS2) Assisted Driving Package.) Theft-deterrent system, unauthorized entry
Alarm, remote panic
USB Ports, 2, Type-C Charge/Data ports located on floor console USB Ports, rear, dual, Type-C charge-only
Power outlet, front console, 12-volt
Power outlet, 120-volt, on back of floor console
Power outlet, 110-volt, located in the eTrunk
Power inverter, off power mode
Air conditioning, dual-zone automatic climate control
Air vents, rear, heating/cooling
Air filter, pollutant
Air conditioning, refrigerant, low GWP
Defogger, rear-window electric
Sensor, cabin humidity and windshield temperature
Map pocket, front passenger seatback
Mirror, inside rearview manual tilt, day/night
eTrunk, lockable weather-proof and lit compartment with 120 volt outlet, cargo tie-downs and drain holes
Enhanced Automatic Emergency Braking (Included with (AS2)Assisted Driving Package.) Reverse Automatic Braking (Included with (AS2) Assisted Driving Package.) Rear Cross Traffic Braking (Included with (AS2)Assisted Driving Package.) Front Pedestrian and Bicyclist Braking
Intersection Automatic Emergency Braking intersection alert, braking (Included with (AS2) Assisted Driving Package.)
StabiliTrak, Stability Control System with Proactive Roll Avoidance and traction control includes electronic trailer sway control and hill start assist
Airbags, Frontal airbags for driver and front passenger; Seat-mounted side-impact airbags for driver and front outboard passenger; Head-curtain airbags for front and rear outboard seating positions; Includes front outboard Passenger Sensing System for frontal passenger airbag (Always use seat belts and child restraints. Children are safer when properly secured in a rear seat in the appropriate child restraint. See the Owner's Manual for more information.) OnStar Services capable (See onstar.com for details and limitations. Services vary by model. Service plan required.)
Side Bicyclist Alert (Included with (AS2)Assisted Driving Package.)

https://www.nationalautofleetgroup.com/orderRequest/SSDPrint/34155?ws=true&se=true&ssdType=QuickQuote 10/11

1/27/26,4:45 PM Sell,service,and deliver letter LED Reflective Windshield Collision Alert
Traffic Sign Recognition (Included with (AS2) Assisted Driving Package.) HD Surround Vision with Trailer View Camera Provision (Included with (AS2)Assisted Driving Package.)
Blind Zone Steering Assist (Included with (AS2)Assisted Driving Package.) Lane Keep Assist with Lane Departure Warning, enhanced (Included with (AS2)Assisted Driving Package.)
Front and Rear Parking Assist
Hitch Guidance
Following Distance Indicator
Forward Collision alert
Rear Pedestrian Alert (Included with (AS2)Assisted Driving Package.) Rear Seat Reminder
Seat Belt adjustable Guide Loops, front row
Seat Belt, front passenger presence detector
Seat belt, rear passenger presence detector
Buckle to Drive prevents vehicle from being shifted out of Park until driver seat belt is fastened; times out after 20 seconds and encourages seat belt use, can be turned on and off in Settings or Teen Driver menu
LATCH system (Lower Anchors and Tethers for CHildren) for child restraints seats Safety Alert Seat (Included with (AS2)Assisted Driving Package.) Door locks, rear child security lock manual child lock system (rear door latch) Teen Driver configurable feature that lets you activate customizable vehicle settings associated with a key fob, to help encourage safe driving behavior. It can limit certain available vehicle features, and it prevents certain safety systems from being turned off. An in-vehicle report card gives you information on driving habits and helps you to continue to coach your new driver Tire Pressure Monitoring System auto learn, includes Tire Fill Alert OnStar Basics (OnStar Fleet Basics for Fleet) Drive confidently with core OnStar services including remote commands, built-in voice assistance, real-time traffic and navigation, and Automatic Crash Response to help if you're in need (Requires (UE1) OnStar. OnStar Basics includes remote commands, Navigation, Voice Assistance, and Automatic Crash Response, for eligible vehicles with compatible software. OnStar Basics is standard for 8 years; OnStar plan, working electrical system, cell reception and GPS signal required. OnStar links to emergency services. Service coverage varies with conditions and location. Service availability, features and functionality vary by device and software version. See onstar.com for details and limitations.)
Trailering Information Label

https://www.nationalautofleetgroup.com/OrderRequest/SSDPrint/34155?ws=true&se=true&ssdType=QuickQuote 11/11

10-8 RETROFIT, INC Estimate
415W MAIN ST
ONTARIO, CA 91762 Date Estimate#
3/26/2026 22017
Name/Address Ship To
CITY OF UPLAND CITY OF UPLAND
P.O.BOX 460 1370 NORTH BENSON
UPLAND,CA.91785 UPLAND CA 91786
Year, Make and Model Job Type Terms Rep P.O. No. Due Date 2025 SILVERADO EV AMBER BAR Net 30 WC 4/25/2026 Item Description Qty Rate Total
ENNLB018HC-3Q4 54"/137cm 9-32 VOLT NFORCE NXT LED 1 2,554.08 2.554.08T LIGHTBAR W/15'LIN DSC TECHNOLOGY
/D24/ID 1211D 121ID 121ID 121ID 121ID 121ID 121\D24\
/A W/IA_��'lIA_''lIA_�'IIA_WMA_WMA_WMA_�'I
\A W\
1D061--GRT-I I--GRT---I IGRT11--GRT---10-GRT--1D061
1A_W 1--CLR-1I--CLR---11 CLR1I--CLR---10-CLR--IA_W I
\D24\ID1211D1211D1211D1211D121ID121ID121/D24/
�IA_�'IIA_WIIA_WHA_WHA_WIIA w11A_WI/A_w/
Domes -Polycarb[D112161121P]
Accessories-PNFLBSPLT1,AUTO-DIM
Mount -Standard Fixed Height Mount(PNFLBK06)
Hook -PNFLBF49
Vehicle -2026 Chevrolet Silverado 1500
ETCPMP801 CONTROL PANEL AND SWICTH MODULE 1 165.00 165.00T CB-100 4703-100B 100 AMP RESETABLE CIRCUT 1 40.00 40.00T

BREAKER
5601B/POWER... 30 AMP POWER TAMER II 1.5MAH DRAW 1 75.00 75.00T WIRE&TERMI... RELAYS 30 AMP,CIRCUIT BREAKER,FUSES, 1 75.00 75.00T WIRE,CONNECTORS,ETC.

LABOR 1 LABOR SHOP 1 1,050.00 1,050.00T QUOTE GOOD FOR 30 DAYS FROM DATE ON ESTIMATE
CALIFORNIA CERTIFIED SMALL BUSINESS#1758177 Subtotal $3,959.08

SALES TAX WILL BE CHARGED ON ANY LABOR FOR VEHICLES WITH FEWER THAN 500 MILES PER CA STATE BOE REGULATIONS
- Sales Tax (8.75%) $346.42
Phone# Fax# E-mail
909-986-5551 909-986-5506 [email protected] Total $4,305.50

National Auto Fleet Group
wens
A Division of Chevrolet of Watsonville
490 Auto Center Drive, Watsonville, CA 95076
(855) 289-6572 • (831 ) 480-8497 Fax
Fleet@NationalAutoFleetGroup. corn
National Auto Fleet Group contract#081325-NAF pricing utilizes a percentage off MSRP/List.

National Auto Fleet Group offers pricing discounts ranging from -1.48% through 17% across 17 manufactures depending on the model. All vehicles can come with or without up-fitting from our national supplier of your local up fitter. Inquire within.

Pricing can be obtained using two methods:

1. Online ordering process using www.NationalAutoFleetGroup.com . Once the Sourcewell Member registers on the NAFG website, they then can build the desired vehicle to their specifications. The member then builds the vehicle and obtains an online quote for that specific vehicle.
*Source well pricing is built right into the NAFG site.

2. The Sourcewell member can also reach out to National Auto Fleet Group directly at (1- 855-289-6572) to have an associate help guide your agency with our recommendation for your appropriate vehicle to fit your need.

Jesse Cooper
National Auto Fleet Group
CHE,r/".rOLET C ,p 2_.JD NISSAN TOYOT
merge 196 of 479

4<�°F °p`q� CITFUP LAND
o "The City of Gracious Living"
- -
DATE: April 13,2026
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:KERI JOHNSON,CITY CLERK
SUBJECT: CONSIDER ESTABLISHING AN AD HOC COMMITTEE AND APPOINT MEMBERS RECOMMENDED ACTION:

It is recommended that the City Council establish an ad hoc committee and appoint two members of the Council to the Committee to serve as the Planning Commissioner interview panel.

GOAL STATEMENT
The proposed action supports the City's goal of promoting policies and programs that are in the best interest of the public.

BACKGROUND
In July 2022, the City Council reviewed options presented by the City Attorney regarding implementing an appointment process for Planning Commissioners. Based on the Council's direction, the City Attorney prepared a Resolution revising the policies and procedures relative to the establishment and operation of the Planning Commission. That Resolution was adopted in August 2022 and since that time an ad hoc committee has been established each year for the purpose of interviewing applicants for the Planning Commission.

ISSUES AND ANALYSIS
Commissioners Aspinall and Staton's terms are ending June 30, 2026. Section 5 of the Guidelines and Policies Governing Commissions, Committees, Boards and Authorities attached to Resolution No. 6840 states that in appointing Planning Commissioners,whenever there is a vacancy on the Planning Commission,the City Council shall form a temporary ad hoc committee which shall consist of the Mayor(or another Councilmember appointed by the Mayor) and the Mayor Pro Tem(or another Councilmember appointed by the Mayor). The ad hoc committee may call upon individuals to advise the committee. The committee advisors may include,but are not limited to,the Chair of the Planning Commission and the Development Services Director.Once a Planning Commissioner vacancy is filled by the Mayor's appointment and the City Council's ratification,the ad hoc committee shall disband.

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.

RESOLUTION NO. 6840

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UPLAND

AMENDING THE POLICIES AND PROCEDURES RELATIVE TO THE

ESTABLISHMENT AND OPERATION OF COMMISSIONS,

COMMITTEES, BOARDS, AND AUTHORITIES APPOINTED TO

ADVISE THE CITY COUNCIL
Whereas, the use of citizen Commissions, Committees, Boards, and Authorities to advise the City Council on issues of public concern is an efficient and effective means of involving citizens in policy development; and
Whereas, Chapter 2.16 and Section 2.20.030 of the Upland Municipal Code provides that the City Council shall by resolution, establish a process for the screening of individuals desiring to serve as City Commission, Committee, Boards or Authority members; and Whereas, the effective use of these Commissions, Committees, Boards, and Authorities is furthered by clear guidelines governing their creation and operation; and Whereas, the City Council adopted Resolution No. 4331 which established guidelines governing the creation and operation of established Commissions, Committees, Boards and Authorities; and
Whereas, from time to time there is a need to eliminate or amend the established rules governing the operation and creation of Commissions, Committees, Boards, and Authorities, which was the basis for the adoption of Resolution Nos. 5786, 6038, 6270, 6397, 6504, 6539, 6581, 6583, 6608, 6681, 6704, and 6818; and Whereas, the City desires to provide a fair and equitable manner by which citizens are appointed to City Commissions, Committees, Boards, and Authorities, which is free of undue influence, but which advances the authority provided by Government Code Section 40605; and
Whereas, the City Council may establish standing committees of the legislative body to provide an opportunity for fact finding prior to consideration by the entire Council; and Whereas, the City Council established the Recreation Committee by Resolution No. 4839 on June 9, 1997, and rescinded previously adopted Resolution Nos. 2600, 3324, 3626, 4212 and 4474 and amended Resolution Nos. 4331 and 5007; and Whereas, the City Council later amended the composition of the Recreation Committee with Resolution No. 5007, dated February 8, 1999, adding two School Board Members to the Committee; and
Whereas, the City Council added the Finance & Economic Development Committee, Police & Fire Committee, and Public Works Committee with Resolution No. 5290, dated December 10, 2001; and
Whereas, the City Council amended the Standing Legislative Committees by Resolution No. 6539 to include Economic Development Committee, Finance Committee, Police & Fire Committee, and Public Works Committee; and
Whereas, the Council amended, by Resolution No. 6581, the Economic Development Committee, Finance Committee and Public Works Committee to include five citizen advisory members; and

Resolution No. 6840

Whereas, the City Council established, by Resolution No. 6583, the Environmental Sustainability Advisory Committee and the Parks, Arts, Recreation, and Community Services (PARCS) Advisory Committee and dissolved the Traffic Safety Advisory Committee; and Whereas, the City Council amended, by Resolution No. 6608, the Finance Committee Membership to include the City Treasurer without restriction; and Whereas, the City Council amended, by Resolution No. 6681 the process for selection of new Planning Commissioners to fill vacancies; and
Whereas, the City Council by Resolution No. 6704 consolidated certain City Commissions, Committees, Boards, and Authorities; and
Whereas, the City Council by Resolution No. 6818 consolidated certain City Commissions, Committees, Boards, and Authorities; and
Whereas, the City Council now desires to dissolve the Economic Development Committee.

Whereas, the City Council now desires to change the quarterly meeting schedule of the Finance Committee to biannual meetings.

NOW, THEREFORE, the City Council of the City of Upland hereby finds, determines and resolves as follows:

Section 1. The City Council hereby amends the established guidelines and policies governing Commissions, Committees, Boards and Authorities of the City ("Guidelines and Policies") attached hereto and incorporated herein by reference, including the changes set forth in sections 2 of this Resolution, and further including by incorporating, by reference, all prior actions taken by the City Council to eliminate or modify Commissions, Committees, Board, and Authorities to the extent they are not inconsistent with the attached Guidelines and Policies.

Section 2. The City Council hereby amends the Guidelines and Policies by dissolving and eliminating the Economic Development Committee.

Section 3. The City Council hereby amends the Guidelines and Policies by changing the quarterly schedule of the Finance Committee to a biannual schedule for the fourth Wednesday of April and October.

Section 4. The City Council finds that this Resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, if the activity is deemed a project this City Council finds that this Resolution is exempt pursuant to Section 15061(b)(3) of the State CEQA Guidelines.

Section 5. Certification. The City Clerk shall certify the adoption of this Resolution and enter it into the book of original resolutions.

Section 6. 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,

Resolution No. 6840

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 7. Effective Date. This Resolution shall become effective immediately.

PASSED, APPROVED and ADOPTED this 28th day of July, 2025.

Bill Velto, Mayor
I, Keri Johnson, City Clerk of the City of Upland, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 28th day of July, 2025 by the following vote:

AYES: Mayor Velto, Councilmembers Zuniga, Breitling, Garcia, Maust NOES: None
ABSENT: None
ABSTAINED: None
ATTEST:

Keri Johns , iy Cler

Resolution No. 6840

GUIDELINES AND POLICIES GOVERNING
COMMISSIONS, COMMITTEES, BOARDS, AND AUTHORITIES.

SECTION 1. CREATION OF COMMISSIONS, COMMITTEES, BOARDS, AND AUTHORITIES The Upland City Council shall have the power from time to time by resolution to create such Commissions, Committees, Boards, and Authorities which are necessary or deemed advisable by the Council to carry out the governmental functions of the City in the manner reflecting the best interest of its citizens. The number of members to each Commission, Committee, Board, and/or Authority shall unless otherwise required by law, correspond to the number of members of the appointing body as authorized by law. Each active member of the Upland City Council shall have an appointee on each Commission, Committee, Board and/or Authority. Each appointee shall be a citizen nominated by the Mayor or Councilmember, respectively, and approved by a majority vote of the City Council and appointed by the Mayor.

SECTION 2. DEFINITION
"Commission" shall be any group established pursuant to the Upland Municipal Code. "Committee" shall be any group of individuals which shall have any ongoing charge from the City Council and which are formed by resolution. "Committee" shall not include Committees composed solely of elected officials. "Board"shall be any group formed pursuant to State law providing for same. "Authority" shall be any group formed pursuant to State law providing for same. "Standing Legislative Committee" shall include committees comprised of elected officials who will review operational concerns prior to official council action.

SECTION 3. APPLICABILITY
The provisions of this resolution shall apply to all Commissions, Committees, Boards, and Authorities hereafter created by resolution of the City Council and to existing Commissions, Committees, Boards, and Authorities as identified on the attachments hereto. The provisions of this resolution shall supersede any minute motion or resolution of any prior City Council of Upland which is in conflict with the provisions of this document. Insofar as possible, the provisions of this resolution shall govern the operation and creation of Commissions, Committees, Boards, and Authorities'appointed by the City Council except in those instances where the provisions of this resolution conflict with provisions of State or Federal law.

SECTION 4. APPOINTMENT AND APPLICATION PROCESS
The City Clerk shall maintain a roster of individuals who expressed interest in serving on City Commissions, Committees, Boards, and Authorities, who may be nominated by a serving member of the City Council, and who have completed an application form in a manner established or approved by the City Council. Said application shall indicate among other things, the Commission, Committee, Board, or Authority on which said individual is interested in serving. Any application filed shall be valid for a period of three (3) years. Incumbent Commission, Committee, Board, or Authority members shall submit an application prior to the end of their term if they would like to be considered for reappointment. Members of the City Council shall make appointments from this roster.

SECTION 5. SELECTION AND APPOINTMENT
Members of the City Council requiring representation on a particular Commission, Committee, Board, or Authority shall review the list of applicants and submit a nominee to the City Clerk.

Councilmembers will give consideration to candidates who reside in their respective district.

If a Councilmember cannot find a suitable candidate to nominate from the Councilmember's

Resolution No. 6840

respective district, the Councilmember may nominate a candidate from a different district at that Councilmember's discretion. The City Clerk shall place nominations before the City Council for its review and approval as and when necessary.

For selections made by the Mayor and ratified by the City Council, the Mayor shall review the list of applicants and submit a nominee to the City Clerk. The City Clerk shall place the nominations before the City Council for its review and approval as and when necessary.

In appointing Planning Commissioners, whenever there is a vacancy on the Planning Commission, the City Council shall form a temporary ad hoc committee which shall consist of the Mayor (or another Councilmember appointed by the Mayor) and the Mayor Pro Tern (or another Councilmember appointed by the Mayor). The ad hoc committee may call upon individuals to advise the committee. The committee advisors may include, but are not limited to, the Chair of the Planning Commission (or other Planning Commissioner designated by the Mayor if the Chair is seeking re-appointment) and the Development Services Director. The committee advisors shall have no voting power during the selection process. The ad hoc committee meetings shall not be subject to the Brown Act. However, at the Mayor's discretion, the ad hoc committee meetings where candidate interviews are conducted may voluntarily be conducted open to the public, while the rating and discussion of candidates may be closed to the public. Each City Councilmember may recommend at least one applicant from their District for an interview by the ad hoc committee. Once a Planning Commissioner vacancy is filled by the Mayor's appointment and the City Council's ratification, the ad hoc committee shall disband.

Appointments to standing legislative committees (Economic Development, Finance Committee, and Public Works Committee) are made by the Mayor biannually to coincide with elections and may be reviewed and reassigned annually or as needed. The Public Works Committee, will also include five advisory members, one advisory member appointed by each Councilmember.

SECTION 6. TERMS OF COMMISSION, COMMITTEES, BOARDS, AND AUTHORITIES For Council nominated appointments the term of each Commission, Committee, Board, and Authority member shall coincide with the holding of office by the nominating member of the City Council, unless otherwise prescribed by resolution creating the Commission, Committee, Board, or Authority.

For appointments made by the Mayor, the term shall be as outlined in the creation of the Commission, Committee, Board, or Authority.

No Commission, Committee, Board, or Authority member shall serve for more than two (2) consecutive terms on any individual Committee, Commission, Board, or Authority without the approval of the City Council by an affirmative 4/5ths vote.

SECTION 7. REMOVAL FROM COMMISSION, COMMITTEES, BOARDS, AND AUTHORITIES Any Committee, Commission, Board, or Authority member may be removed from office during their unexpired term upon vote of the City Council, when in the sole discretion of the Council said removal is deemed appropriate. If the request for removal is from the appointing Councilmember, removal of the appointee will require a majority vote of the Council. Any request for removal from any member of the Council other than the nominating Councilmember will require a 4/5 vote of the Council. Notwithstanding the foregoing, if the appointee's nominating Councilmember is no longer a part of the Upland City Council or

Resolution No. 6840

Mayor, that appointee shall be deemed to have automatically resigned the seat they hold upon the filling of the City Council vacancy.

SECTION 8. RESIDENCY OF COMMISSION, COMMITTEE, BOARD, AND AUTHORITY

MEMBERS
In order to be appointed to a Commission, Committee, Board, or Authority, a prospective appointee must be a resident of the City of Upland and must remain in residence throughout the term of their appointment, unless a member is appointed by another entity. This provision may be waived upon an affirmative 4/5ths vote of the Council.

SECTION 9. CHAIRPERSON SELECTION
With the exception of the Planning Commission, the Library Board, and the Personnel Board of Review, the member appointed by the Mayor to any Commission, Committee, Board, and/or Authority shall serve as the Chairperson of that body. With regard to the Planning Commission, the Library Board, and the Personnel Board of Review, the members of said bodies shall select, nominate, and appoint by majority consensus, a sitting member of the Body to the position of Chairperson. The term of the Chairperson shall be for 2 years. No Chairperson shall serve for more than two (2) consecutive terms without the approval of the City Council by an affirmative 4/5ths vote.

SECTION 10. POSTING REQUIRED
The City Clerk shall, before December 31st of each year, develop a listing of all scheduled vacancies on City Commissions, Committees, Boards, and/or Authorities expected during the next twelve (12) months. In addition to the requirement of the Government Code, said list shall be posted at City buildings and other locations as may be designated from time to time by City Council resolution, for a period of thirty (30) days and announced at a Council meeting in December. Said listing shall advise interested parties to obtain application forms and related materials at the City Clerk's office. In addition, the City Clerk shall publish said list in the city newsletter seeking applications from interested parties and listing scheduled vacancies during the same thirty(30) day period. Unscheduled vacancies shall be advertised in accordance with the Government, Code and posted at the same location as scheduled vacancies.

SECTION 11. DUTIES
The Commissions, Committees, Boards, and Authorities established by the Council shall perform such duties and have such powers as may be established from time to time by the Council.

SECTION 12. ATTENDANCE
In any case where a Commission, Committee, Board, and/or Authority member has missed three (3) regularly scheduled meetings in a twelve (12) month period without notifying the Chair of said Commission, Committee, Board, and/or Authority in advance of said meeting, the City Clerk shall contact the Commission, Committee, Board, and/or Authority member with a request to provide the reasons therefore, which shall be forwarded to the City Council.

SECTION 13. OPEN MEETINGS

BUILDING APPEALS BOARD

PURPOSE
To determine the suitability of alternate materials and methods of construction and to provide reasonable interpretations of the Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, the Uniform Housing Code, Uniform Code for the Abatement of Dangerous Buildings, National Electric Code, and the Seismic Hazards Reduction Ordinance.

MEMBERSHIP
5 Members Total
Selected from the following classifications:
a. Architect or Engineer
b. Attorney
c. Contractor - Electrical, Mechanical, Plumbing or General

LENGTH OF TERM/FREQUENCY OF MEETINGS
4 Year Term / Meetings are scheduled as needed as appeals are received.

No member may serve more than two full consecutive terms, unless approved by a 4/5ths vote of the Council

SELECTION PROCESS
• The City Clerk causes a request for volunteers to be posted • Using the criteria for membership, the Building Official determines if applicants are qualified and passes all qualified candidates to the City Clerk • Each member of the City Council shall submit their nomination from the list of qualified candidates to the City Clerk for consideration at a Council meeting

CODE REFERENCES
Resolution 4107
Resolution 2725
Ordinance 1882
(effective July 27, 1992)

CITY COUNCIL ADVISORY COMMITTEE

PURPOSE
Review of any matters which may be referred to the Committee from time to time. If so directed, the City Council Advisory Committee will be responsible for performing an analysis and present recommendations to the City Council.

Annually review applications for Community Development Block Grant funds, conduct hearings to determine the most effective use of the grant funds and provide recommendations to the City Council.

MEMBERSHIP
5 Members Total
Nominated by Councilmembers

LENGTH OF TERM/FREQUENCY OF MEETINGS
• 4 year terms to coincide with the terms of Mayor and Councilmember making nomination
• No applicant may serve more than two full consecutive terms, unless approved by a 4/5ths vote of the Council
• Meets quarterly, the first Wednesday of March, June, September, and December • Special meetings held from January through April, on an as needed basis to review Community Development Block Grant Applications.

SELECTION PROCESS
Each member of the City Council shall submit their nomination to the City Clerk for consideration at a Council meeting.

CODE REFERENCE
• Ordinance 1812, 10/8/2006
• Ordinance 1428, Section 2, 6/20/88
• Ordinance 1416, Section 1, 12/21/87
• Ordinance 1563, Section 1, 10/26/72
• Council Minutes 7/3/72

LIBRARY BOARD

PURPOSE
The Upland Public Library serves the community by providing materials and staff assistance for meeting the informal and educational needs of the library users.

MEMBERSHIP
5 Citizens at Large
1 Council Liaison (advisory)
1 Friends of the Library Liaison (advisory)

LENGTH OF TERMS/FREQUENCY OF MEETINGS
• 3 Year Term
• Meetings held the second Wednesday of the month, except the month of August. • No applicant shall serve more than two full consecutive terms, unless approved by a 4/5ths vote of the Council

SELECTION PROCESS
Mayor shall appoint with Council ratification

CODE REFERENCES
UMC Section 2.28.010
California Library laws, Education Code 1990
Ordinance No. 99

PERSONNEL BOARD OF REVIEW

PURPOSE
The functions of the board shall be to hear appeals as provided by this part and by rule, except matters pertaining to the meet and confer process.

MEMBERSHIP
3 Members Total
1 Alternate Member

LENGTH OF TERM/FREQUENCY OF MEETINGS
• 4 Year Term
• No applicant shall serve more than two full consecutive terms, unless approved by a 4/5ths vote of the Council
• On call by the Human Resources Manager

SELECTION PROCESS
• 1 member - Council appointment shall be made by the Mayor, with Council ratification
• 1 member - Employee Associations submits name(s) and Council selects appointment
• 1 member agreed upon by Council and Employee Associations • 1 alternate member agreed upon by Council and Employee Associations

CODE REFERENCE
UMC Section 2.36.160
Ordinance 1566
Ordinance 1494
Minute Action 5/31/1945

PLANNING COMMISSION

PURPOSE
The powers and duties of the Planning Commission shall be to:

1. Prepare, periodically review, and revise, as necessary the General Plan

2. Annually review the Capital Improvement Program of the City and the local public works projects of other local agencies for their consistency with the General Plan

3. Perform other functions as the City Council provides

4. Perform such other land use-related functions pursuant to State laws pertaining to conservation, planning, and zoning as the council may direct or provide

5. Serve as the Airport Land Use Committee, applying the procedures and findings set forth in the Municipal Code in regards to all processes relating to a request for an implementation/land use compatibility decision, preparation, adoption and amendment to the. Comprehensive Airport Land Use Plan of the City of Upland conforming to requirements set forth in Public Utilities Section 21670.1

6. Serve as the Historic Preservation Committee as outlined in the Upland Municipal Code

MEMBERSHIP
7 Members Total
Airport Land Use Committee consists of:
7 Planning Commissioners
2 ALUC members (possess expertise in aviation)

LENGTH OF TERM/FREQUENCY OF MEETINGS
• 4 year terms
• No applicant may serve more than two full consecutive terms, unless approved by a 4/5ths vote of the Council
• Once a month, 4th Wednesday
• Commissioners receive $100 compensation per meeting (not to exceed $200 per month)

SELECTION PROCESS
• The City Clerk causes a request for volunteers to be posted • Mayor (or Mayor designee) and:Mayor Pro Tem (or Mayor designee) shall comprise an ad hoc committee and shall interview applicants. The ad hoc committee may call upon advisors such as, but not limited to, the Planning Commission Chair (or designee selected by the Mayor if the Chair is seeking re-appointment) and the Development Services Director.
• The ad hoc committee shall recommend at least one candidate per opening to the Mayor for ratification by the City Council.
• Once a candidate is appointed by the Mayor and ratified by the City Council, the ad hoc committee shall disband.
• Airport Land Use Commissioners - Mayor shall appoint with Council ratification.

CODE REFERENCE
UMC Chapter 17.43.030 Resolution 4697
Resolution No. 6681 Ordinance 1202
Resolution 6397 Ordinance 415
Resolution 6270

FINANCE COMMITTEE

PURPOSE
The Committee shall be responsible for reviewing matters pertaining to the finances of the City. This may include reviewing warrants and registers, financial statements, investment reports, the City's annual independent audit, City fees and service charges, and operating budgets

MEMBERSHIP
2 City Council Members
City Treasurer
Finance Officer - advisory only (staff)

LENGTH OF TERM/FREQUENCY OF MEETINGS
• Appointments may coincide with elections biannually or be reviewed and reassigned annually as desired by the Mayor with the exception of the Finance Officer • Meets biannually, the 4th Wednesday of April and October

SELECTION PROCESS
The City Treasurer is an established elected position and shall review and provide input on the quarterly investment reports.

Council Members on all Standing Legislative Committees are appointed by the Mayor.

CODE REFERENCE
UMC Section 2.16.010
Resolution No. 6608
Resolution No. 6583
Resolution No. 6581
Resolution No. 6397
Resolution No. 6394 (Investment Policy)

PUBLIC WORKS COMMITTEE

PURPOSE
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.

This Committee shall act in an advisory capacity on issues pertaining to environmental impacts, sustainability practices, and legislative mandates that impact the environmental health and the well-being of the City of Upland and its residents. The Committee will collaborate on environmental matters to promote environmental sustainability within the community. The Committee will make recommendations in regard to community clean-ups, beautification campaigns, Earth Day events, public outreach, and education on issues including recycling, storm water pollution, water conservation and sustainability practices.

This Committee shall act in an advisory capacity in matters pertaining to parklands, trails, recreational programs, youth and senior services, cultural arts programs, and special events throughout the City
The Citizen Advisory Members of this Committee shall study and review the proposed Urban Forestry Management Plan and make appropriate recommendation to Council and staff regarding the matters contained therein; to provide an avenue for citizens to appeal special circumstantial tree problems (i.e., tree removals, street tree designations, spraying for fruit insects); and shall review tree removal and other policies, as well as handle any and all citizen appeals regarding tree matters under Upland Municipal Code Chapter 12.26. Said appeals shall be heard by the citizen members of the Committee only (i.e., not the serving City Council members, who shall take no part in such appeals).

MEMBERSHIP
2 City Council Members
5 Citizens - advisory members

LENGTH OF TERM/FREQUENCY OF MEETINGS
• Appointments may coincide with elections biannually or be reviewed and reassigned annually as desired by the Mayor
• Meets quarterly, the 2nd Tuesday of January, April, July, and October

SELECTION PROCESS
Council Members on all Standing Legislative Committees are appointed by the Mayor.

Citizens at Large - Each member of the City Council shall submit their nomination to the City Clerk for ratification at a Council meeting.

CODE REFERENCE
UMC Section 2.16.010
Resolution No. 6583
Resolution No. 6581
Resolution No. 5290
Upland City Council Minutes, 12/01/2001

����°� °p`q� CITY
�r. .__. ..` "The City of Gracious Living" ltiriiVO
''' 5 oid.

DATE: April 13,2026
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:DAMIEN R.ARRULA,ASSISTANT CITY MANAGER

JESSICA GORDON,DEPUTY DIRECTOR PUBLIC WORKS -OPERATIONS

BOB CRITCHFIELD,ENGINEERING MANAGER

KIRK SWANNER,ASSOCIATE ENGINEER
SUBJECT: CONTRACT CHANGE ORDER TO INCLUDE MULBERRY AVE PROJECT WITHIN EXISTING FOOTHILL BLVD.PROJECT
RECOMMENDED ACTION:

It is recommended that the City Council approve the Plans and Specifications for the Mulberry Avenue Reconstruction and Water Main Replacement Project and authorize a contract change order to Gentry Brothers,Inc. in the amount of $1,398,418;and authorize a construction contingency in the amount of$301,582 for a total amount of$1,700,000.

GOAL STATEMENT
The proposed action supports the City's goal of maintaining and improving the City's public roadway and water facilities.

BACKGROUND
The City recently completed design and construction documents for pavement rehabilitation and water main replacement on Mulberry Avenue,from Foothill Blvd.to Pine Street. Specific improvements include installation of a new water pipeline, service laterals, and fire hydrants; reconstruction of asphalt concrete pavement; replacement of displaced concrete curbs,gutters,sidewalks,curb ramps,driveways,cross gutters,and spandrels;and replacement of traffic striping and markings.

ISSUES AND ANALYSIS
The City is currently under contract with Gentry Brothers,Inc.for the pavement rehabilitation and underground utility improvements on Foothill Boulevard, from Benson Avenue to Euclid Avenue. The Foothill project was publicly advertised and bid in accordance with the California Public Contract Code (Section 20164). The Mulberry Avenue project is located directly adjacent to the Foothill Project that is currently underway.

In an effort to increase efficiency and effectuate cost savings for the city,staff requested a quote from Gentry Brothers, Inc. for the work on Mulberry Avenue. The provided quote is deemed to be credible as it is less than the engineer's estimate of$1,424,815.00. Authorizing a contract change order with Gentry Brothers, Inc. for the Mulberry Project would provide project advertising cost savings to the city and save time for staff by utilizing an existing mobilized contractor.If approved,the proposed change order does not delay the completion date for the Foothill Blvd.Project.

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 March 7,2023.

FISCAL IMPACTS
The total estimated project cost is$1,795,000.The project detail and funding are summarized below:

Estimated Project Cost
Base Bid Amount $1,398,418.00
Construction Contingency $301,582.00

Total Contract Works: $1,700,000.00
Construction Administration and Inspection $75,000.00 Material Testing $20,000.00
Total Estimated Project Cost: $1,795,000.00 Available Funding
CIP Account 2067500-5540-70006(RMRA) $1,086,720.00 CIP Account 6399143-5540(Water Bond) $847,950.00 CIP Account 6457500-5540-94009(Sewer) $374,614.00 Total Project Funding: $2,309,284.00

ALTERNATIVES

1. Do not authorize a contract change order with Gentry Brothers,Inc.and direct staff to advertise the Mulberry Avenue Project for bids. Due to advertising cost (estimated at $4,500) and public bidding/contract award time frame(estimated at 8 weeks)staff does not recommend this alternative.

2. Provide alternative direction to staff.

CEQA: Determined to be categorically exempt from further environmental review pursuant to Section 15301(c) (Existing Facilities), of the CEQA guidelines. The City filed the Notice of Exemption with the County of San Bernardino on March 7,2023.

4 0-F [TN City of Upland
��.: Public Works Department
1' Engineering Division
' '' �+ 1370 N. Benson Avenue
1 r 1 {f'•'0•,d-. Upland, CA 91786
O$ . 4� Telephone (909) 291-2930
tircrittl Facsimile (909) 291-2974

REQUEST FOR QUOTATION
(THIS IS NOT AN ORDER )
REQUEST NO. PROJECT DATE ISSUED i
1 Mulberry Avenue Reconstruction and Water 3/11/2026 Main Replacement - Project No. 70006 &
9143
•

FOR INFORMATION CALL
NAME TELEPHONE NUMBER
Kirk Swanner AREA CODE NUMBER
Associate Engineer (909) 291-2938
-
TO:

NAME COMPANY
Jason Roehrborn Gentry Brothers, Inc.

STREET ADDRESS
384 E. Live Oak Avenue
CITY STATE ZIP CODE
Irwindale CA 91706
TELEPHONE NUMBER STATE CONTRACTORS LICENSE No.AND CLASSIFICATION 626-357-9631 397682
EMAIL I
[email protected]
PLEASE FURNISH QUOTATIONS TO IMPORTANT: This is a request for information, and quotations furnished are not THE CITY ON OR BEFORE THE offers. If you are unable to quote, please so indicate on this form and return it to the FOLLOWING DATE: City. This request does not commit the City to pay any costs incurred in the 5:00 PM, 3/25/2026 preparation of the submission of this quotation, or to contract for supplies or service.

Supplies and/or materials are of domestic origin unless otherwise indicated by quoter.

SCHEDULE
ITEM SUPPLIES/SERVICES QUANTITY I UNIT ' UNIT AMOUNT NO. i I PRICE 1
_PART A-GENERAL(ITEMS 1-8)
Temporary Traffic Control (Not to Exceed 5% of Total
1 Bid) 1 LS 6${000/ 6�r D`000 2 Furnish, Install, Maintain, and remove Project 2 EA identification Signs Z 0©O OLIO
f
3 Construction Surveying* 1 LS item--, t y(coo -- Storm Water Pollution Prevention Plan &
4 Implementation 1 LS Zo OOO r V) ono' 5 Furnish Record Drawings 1 LS f, 000 ' clove -- Furnish, Place, Maintain, and Remove Sewer Manhole ( �( 6 False Bottom Floor 5 EA a oo' ' rDOd' Potholing and Utility Verification, Supply Potholing Data 1 LS to City Engineer lc 000 (-1 ©00
8 f Trench Shoring,and Work Site Safety 1 LS 104.000 - 2 0l7e, PART B-STREET IMPROVEMENTS (ITEMS 9-26)
Sawcut&Remove Existing Improvements and I
9 Construct PCC Curb Ramp W/ Detectable Warning 5 EA I 7,000' if O 00O' Surface (
Sawcut&Remove Existing Improvements and
10 Construct PCC Curb & 1'or 1.5' Gutter, Including Curb 220 LF (7 6 7i(�i l0 / &Gutter Transitions V

Sawcut&Remove Existing Improvements and - / 11 Construct 6" PCC Median Curb Only 35 LF 7�! Sawcut, Remove& Reconstruct 4-Inch-Thick PCC ,1 12 � Sidewalk&Slab 3,070 SF (2 36t gT 0
13 Sawcut, Remove and Reconstruct 6-Inch-Thick PCC 1,290 SF Commercial Driveway Approach and Slab Ft a(0(10 Sawcut&Remove Existing Improvements and �� IQ f0 14 Construct PCC Alley Intersection 1,370 SF Sawcut&Remove Existing Improvements and
15 Construct PCC Cross Gutter, Spandrel and Other 8- 2,220 SF �1 �/ Inch Thick PCC /�c 51 r'1rw
16 Remove and Reconstruct 6-Inch-Thick AC Pavement
(Slot Paving) 840 SF (d/ IC; 1�
17 _Cold Mill Existing AC Pavement, 2-Inch Depth 3,520 _ SF D60- 2- Z . .
18 Unclassified Excavation &Subgrade Preparation 520 CY 2y� j J14I 1100 19 Construct 3-Inch Dense Graded Asphalt Concrete 770 TON r (DGAC) Base Course �� by Np0
20 Construct 2-Inch Asphalt Rubber Hot Mix (ARHM)
Overlay 500 TON r 6 a,5049
Replace Existing Brick Sewer Manhole Structure with
21 Pre-Cast Concrete (Depth=9') 2 EA ryl MC) ?p OOa— Replace Existing Brick Sewer Manhole Structure with
22 Pre-Cast Concrete(Depth=6.5') 21 EA (Zr ova" p00 . 23 Adjust Manhole Cover to Finish Grade 1 EA 11240 it 7r00)--- 24 Adjust Utility Valve Box Cover to Finish Grade 2 EA -r 1f.` i yp' 25 Parkway Clearing, Grubbing, Grading, and Restoration 1 LS cbcfp00 SF,000r 26 Furnish &Install Sod Turf*** 2,500 SF 34 cal gdO _PART C- ELECTRICAL.STRIPING. MARKING 6e SIGNING(ITEMS 27-371 Install Thermoplastic Double Yellow Line (Detail 28, `/ 27 Plan A20B) 160 LF ?i lids
Install 8"Thermoplastic White Channelizing Line (Detail 28 38D, Plan A20D) 60 LF 3 t��
29 Install 12" White Thermoplastic Crosswalk(Plan A24F, 225 SF .

Basic) ?s L(ae 5
30 Install 12"Thermoplastic Limit Line (Plan A24G) 60 LF fc / 4194 Install "STOP"Thermoplastic Pavement Marking (Plan r 31 4 EA
A24D) /�90'i /9 coo --
32 Install Thermoplastic Type IV&Type VII Arrow 2 EA J Pavement Markings (Plan A24A) 2/OIC) i 5;OP° 33 Install Type I Blue-Colored Raised Reflective Pavement 4 EA $0 f 2 3?�Marker
34 Remove Existing &Install New Post&Signs 3 EA Po f ` a q
35 Install New Post&Signs 1 EA a. Fppr 36 _ Install New Type K-1(CA) Object Marker 2 EA 3 p/ oc ._ _ Install Yellow Paint&Yellow RPM on Median Nose and i 37 Red Paint on Curb Per Plan 110 SF �p5 �/ �� PART O--WATER IMFRpygMENTS(ITEMS 38-52i
Furnish and Install 8"CML&C Class 300 Steel Water
38 Line&Fittings (Joints Fully Welded) per City Water 780 LF ��)f ! ?,1oQ Std. Dwg. No. W.23. 1
Furnish &Install 2"Copper Service Lateral Including
39 City-Furnished Water Meter and Box, and Connect to 1 EA ror `ry r Existing Customer Service (Long Run) �i`� r� Furnish &Install 1"Copper Service Lateral Including
40 City-Furnished Water Meter and Box, and Connect to 2 EA tf Existing Customer Service (Long Run) TI�� 10D0 Furnish &Install 1"Copper Service Lateral Including
41 City-Furnished Water Meter and Box, and Connect to 3 EA i'00D . I� DOO-- Existing Customer Service (Short Run) r
Furnish and Install 8"CML&C Class 300 Steel Water
42 110 LF 'lire 231 GO
Laterals&Fittings
43 Furnish &Install 8"Gate Valve per City Water Std. 7 EA Dwg. No. W.07 &W.09 Including Fittings 4p,000 0/000 Furnish &Install 6"Fire Hydrant Assembly per City i 44 Water Std. Dwg. No. W.05 4 EA (4//O if jo®D 45 Remove, Salvage, and Deliver to City, Existing Fire I h Hydrant on Abandoned Main 3 EA ��?pd �1 pp Connect New 8" Water Lateral to Existing6" Lateral
46 with Reducer 2 EA gi�0 ( r 0o0
Connect New 8" Water Lateral to Existing 8" Lateral
47 (Hot Top) 2 EA yz1©OO 1fH r 600

Remove Existing Water Meter, Water Meter Box, and i 1 48 Cover 6 EA 0-00 ?AO
49 Cut, Plug, &Abandon Existing Water Main and Laterals 4 EA ��1 'O" tf {7QP / 50 Construct PCC Encasement*** 1 LS 221000" y2,,apet 51 Furnish &Install 6" Blowoff Valve***Assembly 2 EA 1/ ADD veto 52 Furnish &Install 2"AV/AR Valve Assembly*** 2 EA 10 f000 2O /O0D 1 TOTAL: 65 bgr vrg.�r
The items listed above shall meet the following standards: 77

1. Temporary Traffic Control
This Item shall include all work, materials, and equipment necessary to comply with the requirements of Section 600, "Temporary Traffic Control,"of the Standard Specifications for Public Works Construction (SSPWC), the Caltrans' Manual of Traffic Controls in Construction and Maintenance Zones (latest edition), the standards contained in the"Work Area Traffic Control Handbook"(WATCH) published by Building News, Inc.; (latest edition); Section 1-9, "Traffic Control,"of these Special Provisions. In the case of a conflict, the highest standard shall prevail.

The Contractor shall conduct his operations so as to offer the least possible obstruction and inconvenience to the public and businesses, and shall have under construction, no greater length or amount of work than can be prosecuted properly with due regard to the rights of the public and businesses. The Contractor shall furnish and maintain all construction signs, channelizing devices, barricades, k-rail, temporary traffic striping and pavement markings, lighting devices, etc., to safely guide the traffic through the project limits, as described herein, and as directed by the Engineer
One lane of traffic in each direction, with a minimum lane width of 12 feet, shall be provided by the Contractor at all times for local access to all businesses and residents. When it becomes necessary to block access to driveways for a short period of time during construction, the Contractor shall notify the affected property owners/occupants 48 hrs. in advance of such driveway closure. Contactor shall facilitate work in front of driveways so that these driveways may be opened for use immediately.

To allow for equipment movement and cleanup during various construction operations, momentary stoppage of traffic and turn movements will be permitted, using trained flagging procedures.

If at any time during the course of construction the City Engineer,or his representative, deems traffic control measures are inadequate, or construction impacts to traffic are too great,the Engineer may require changes be made to the traffic control. Any and all costs as a result of traffic control modifications/changes shall be borne solely by the Contractor.

Payment for this Bid Item shall be made at the contract LUMP SUM price bid for"Temporary Traffic Control" and shall include handing out of construction notices to residents and businesse. No additional compensation will be allowed therefor. Total compensation for this bid item shall not exceed 5% of the total project amount.

Progress payments shall be pro-rated in proportion to the total value of work completed to date as a function of the total awarded contract amount.

2. Furnish,Install.Maintain and Remove Project Identification Signs This Bid Item shall include furnishing and installing project identification signs at both approaches to the project in accordance with Appendix"E". Exact locations of these signs shall be determined by the Engineer. The Contractor shall install the project identification signs prior to start of construction. The 4'x 8' sign panels shall be mounted on 2-4"x 4" nominal size, redwood posts and shall be placed in holes excavated in the ground.

The space around the wood posts shall be backfilled and compacted to finished ground surface with native soil. Sign panels shall be attached to wood posts, with a minimum of 4 bolts or screws of sizes sufficient to carry the imposed load.

Payment for this Bid Item "Furnish, Install, Maintain and Remove Project Identification Signs,"shall be made at the price bid per EACH project identification sign furnished and installed and shall include maintenance of these signs(including graffiti removal)for the entire duration of the project, removal of the same after completion of the project, and restoration of the parkway affected by the installation and removal of such signs.

The above payment shall include full compensation for furnishing all labor, materials, tools, equipment, time,

and incidentals, and for doing all the work involved in furnishing, installing, and removing the signs as specified herein.

3. Construction Surveying
This Bid Item includes, but is not limited to, surveying and construction staking in order to provide vertical and horizontal control necessary for this project. The Contractor shall hire a licensed land surveyor to inspect the project limits and identify all survey monuments found. The project shall be inspected following the City's Notice to Proceed and prior to beginning construction. The Contractor's surveyor shall submit to the City a letter stating that a reasonable and diligent field search was conducted and list the monuments found. The letter shall be submitted to the City prior to construction.

Contractor shall perform construction staking for underground and street improvements, as required on this project. Construction stakes or marks shall be set and maintained as necessary to achieve the required accuracy set forth on the Plans and Specifications. Stakes(blue tops)for subgrade and base shall be at 50- foot intervals, maximum. The Contractor shall set and maintain sufficient stakes at each cross section to match plan cross-sections, achieve the required accuracy, and to support the method of field operations.

Contractor shall set and maintain stakes as necessary to establish horizontal and vertical position along intersecting road radii, vertical and horizontal curves, and curve transitions.

All Survey Cut Sheets shall be submitted to the Engineer prior to the start of removal work.

The Contractor shall assist the Engineer for final elevation checks, if necessary. Such checks shall be made at randomly selected points.

Any questionable grade, elevation, location, or design shall be brought to the immediate attention of the Engineer in writing for clarification prior to construction. Any additional survey required to correct such construction shall be at the sole expense of the Contractor, and no additional compensation will be made therefor.

The City reserves the right to verify all staking and monumentation for horizontal and vertical accuracy. Any staking, monuments, or reference points (centerline ties)found to exceed allowable error shall be reset at the sole expense of the Contractor, and no additional compensation will be made therefor. All work shall be done by or under the direction of a Professional Land Surveyor or a Registered Civil Engineer licensed to practice land surveying. Copies of all grades sheets and corner records shall be provided to the Engineer.

Prior to the commencement of construction, contractor shall obtain centerline tie notes available at the City of Upland Public Works Department to determine which monuments are in harms way. All monuments that are within 3.0 feet of the proposed construction shall be perpetuated by the witness monuments shown on the City of Upland Monument notes, or by a minimum of four(4)centerline tie points set in existing curbs or other durable features in the near vicinity of the Monument that is being perpetuated, with a measured distance from each tie point to the centerline monument. Tie point monuments shall be of the character approved by the City of Upland. After construction, replace all monuments disturbed or destroyed by construction in kind. Set Class "C"well monuments per detail available at the City of Upland; all other monuments shall be of a character approved by the City of Upland. Measure new tie distances to the replaced centerline monument and submit centerline tie notes and corner records prepared by the Contractor's surveyor, to the Engineer and to the County Surveyor's office for approval. The Contractor shall determine all monuments that need to be replaced prior to construction.

Full compensation for conforming to the requirements of this Bid Item, "Construction Surveying," including furnishing all labor, tools, equipment, documentation, and materials for doing the work and resetting monuments shall be included in the contract LUMP SUM price bid, and no additional compensation will be allowed.

4. Storm Water Pollution Prevention Plan&Implementation As part of this project, the Contractor shall provide a site-specific Water Pollution Control Plan (WPCP)to the City prior to commencing construction. The Contractor shall ensure that the WPCP for all work is developed and amended or revised by a Qualified SWPPP Developer(QSD). The WPCP shall conform to the requirements in the Permits, and these Special Provisions.

The objectives of the WPCP shall be to identify pollution sources that may adversely affect the quality of storm water discharges associated with the project and to identify, construct, implement, and maintain water pollution control measures, hereafter referred to as control measures, to reduce to the maximum extent practicable (MEP, as defined in Title 33 CFR of the United States Code) pollutants in storm water discharges from the construction site both during and after construction is completed under this contract.

This item shall include all work involve in compliance with the requirements of Section 1.30, "NPDES Requirements,"of these Special Provisions.

Payment for this item shall be at the contract LUMP SUM price bid for"Water Pollution Control Plan and Implementation,"and shall be considered as full compensation for preparing and implementing the WPCP, furnishing all labor, materials, tools, equipment, time, and incidentals for doing all work involved in completing this work, and no additional compensation will be allowed therefor. Payment shall be based on progress of the work completed at the City's discretion.

5. Furnish Record Drawings
This Bid Item shall include furnishing the City with a set of"Record Drawings"or"red-lined" plans for this project showing all changes and/or modifications made to the original plans during construction, in accordance with Section 1-25, "Record Drawings (As-Built Drawings),"of these Special Provisions. These changes shall be noted with a red pen and may be made directly on the set of plans given to the Contractor. This work shall be done as work in the field progresses, and not at the end of the project, in order to document changes more accurately.

Payment for this Bid Item shall be made at the contract LUMP SUM price bid for"Furnish Record Drawings," and shall include all labor, materials, tools, equipment, time, and incidentals necessary to complete this work.

No additional compensation will be allowed or paid for.

6. Furnish, Place, Maintain, and Remove Manhole False Bottom Floor This Bid Item shall include furnishing and installing%"plywood sheeting at the bottom of sewer and storm drain manhole shafts, over the top of the inlet/outlet pipe prior to the start of street reconstruction. This will serve as temporary cover to catch any debris that may fall into the manhole during construction work. The Contractor shall not place the plywood sheeting in such a manner as to impede the flow of sewage or storm water. False bottoms shall be checked daily by the Contractor for accumulated debris for all manholes in the vicinity where construction operations are taking place. Such plywood sheeting and debris caught shall be removed by the Contractor after the manhole adjustment work is completed.

Payment for this Bid Item, "Furnish, Place, Maintain, and Remove Manhole False Bottom Floor,"shall be made at the contract Unit Price bid per EACH false bottom actually furnished, installed, and removed and shall include all labor, materials,tools, equipment, time, and incidentals necessary to complete this work, and no additional compensation will be allowed therefor. Payment shall be based on progress of the work completed at the City's discretion.

7. Potholing and Utility Verification
This Bid Item shall include verifying locations of existing utility mains and lateral lines including storm drain, sanitary sewer, water, gas, underground electrical and communication conduits and any other underground conduits and utilities crossing or adjacent to the trench excavation. As provided in Section 4216 of the California Government Code, at least two(2)working days prior to commencing any excavation, the Contractor shall contact the regional notification center(Underground Service Alert of Southern California)and obtain an inquiry identification number. Contractor shall expose all crossing utilities ahead of any boring or trench operations.

Potholing is done by digging test hole to expose underground utilities to ascertain the horizontal and vertical location of such facility. The horizontal and vertical position of the exposed facility must be tied to a survey benchmark or permanent above grade feature not identified for removal.

The locations of existing underground utilities shown on the Plan (plan view only) has been determined only from available record. The Contractor shall excavate the utilities, shown on the plan or marked in the field, to be within the construction area and verify their exact locations prior to excavating for improvements. This

excavation shall be coordinated with the City. Any variation from the positions shown on the Plan with the position determined by verification shall be immediately reported to the City. If necessary, modifications on the vertical and/or horizontal alignment of the proposed underground utilities shall be made based upon the pothole data obtained.

Potholing shall include, but not limited to the following:
a. Excavating and exposing water main connection points and any potential interfering utilities. The Contractor shall use the method of excavation which offers the least risk of hitting and damaging the very utility they were trying to locate and protect.
b. Identifying the type, size, other characteristics, and the position of the facility(i.e. station, distance from center or curb lines, depth)and providing these data to the City. c. Backfill and Surface Restoration. After the underground utility has been located and required data has been collected and submitted to the City, at the direction of the Engineer, pothole should be restored immediately or as required by the Engineer. Appropriate sediment controls should be utilized during all potholing activities to prevent storm water pollution. The pothole should be clean and dry prior to backfilling. Backfilling of the excavation areas and the restoration of pavement or surfacing shall be in accordance with the SSPWC.
i. On areas where the pavement is to be reconstructed, backfill materials to be used for the potholes shall be Crushed Aggregate from the bottom of the hole to the bottom of the proposed AC base course. A temporary AC paving material (cold mix) may be placed on the remainder of the hole matching the adjacent surface.
ii. Where the pavement is not to be reconstructed, the hole shall be backfilled with Crushed Aggregate up to 4 inches below adjacent surface and the rest shall be paved with AC hot mix, 4" minimum thickness.

Where underground main distribution conduits such as water, gas, sewer, electric power, telephone, or cable television are shown on the Plans, the Contractor, for the purpose of preparing a Bid, shall assume that every property parcel will be served by a service connection for each type of utility.

The Contractor's attention is directed to Section 402, "Utilities," Subsection 402-1, "Location'of the SSPWC, and Section 402-2, "Protection,"of these Special Provisions.

Contractor shall submit potholing data on a set of plans showing depths of all utilities to the City Engineer at least 7 working days prior to beginning underground utility installation.

Payment for this Bid Item shall be made at the contract LUMP SUM price bid for "Potholing and Utility Verification,"and shall include all labor, materials, tools, equipment, time, and incidentals necessary to complete this work, and no additional compensation will be allowed therefor.

8. Trench Shoring and Work Site Safety
This Bid Item shall include designing, furnishing, installing, and removing temporary trench shoring systems for the construction of water improvements, sewer improvements and any other excavations of five feet or more in depth, in accordance with Subsections 5-7.2, "Safety Orders," of the SSPWC and State of California Division of Occupational Safety and Health (Cal/OSHA) Construction Safety Orders.

Trench shoring systems shall be designed by a Civil or Structural Engineer registered in the State of California.

The Contractor's shoring plan shall incorporate all necessary provisions to ensure worker's protection from the hazard of caving ground during trench excavation, and to protect existing improvements and subsurface utilities in the vicinity of any excavation.

Full compensation for compliance with the provisions specified and referred to hereinabove shall be considered as included in the contract LUMP SUM price bid for "Trench Shoring and Work Site Safety,"and shall be paid based on the percentage of completed work to date. No additional compensation will be allowed therefor.

Such payment shall include fees for obtaining permits from all agencies, as required by the project including compliance with the requirements of the permits, labor, tools, equipment, time, personnel, materials, and incidentals necessary to perform all related Bid Items of work, under this Bid Item. No additional compensation shall be allowed or paid for.

PART B— STREET IMPROVEMENTS (BID ITEMS 9 to 26)

9. Sawcut&Remove Existing Improvements and Construct PCC Curb Ramp WI Detectable Warning Surface This Bid Item shall consist of the sawcut, removal of existing curb ramps or other PCC improvements and construction of PCC curb ramps with detectable warning surface(DWS) per SPPWC Std. Plan 111-5, including sawcut, removal and disposal of existing PCC and AC improvements, excavation, root removal, protection and/or replacement of existing drains, if any, subgrade preparation, backfill, compaction and cleanup, as shown on the Plan, and/or as marked in the field. For the purpose of this item, ramp area is defined as that area between the beginning and the end of curb returns(BC to EC).Therefore,the limits of removal and reconstruction for each ramp shall be from the BC to the EC,and shall include the curb,gutter, sidewalk,and AC pavement, (2-foot wide and 6-inch-deep minimum),within the return.

All work shall be in accordance with the applicable provisions of Subsections 300-2, "Unclassified Excavation," 301-1, "Subgrade Preparation,"and 303-5, "Concrete Curb, Walk...,"of the SSPWC. This Bid Item shall also include adjustment to the new grade of existing traffic signal pull boxes and other utility boxes within the limits of the new ramps.

PCC curb ramp and Detectable Warning Device(DWS)shall conform to SPPWC Std. Plan 111-5. All PCC improvements to be removed shall be sawcut at join lines prior to removal. When joining, new construction shall match existing improvements with proper grade to form a safe and smooth surface.

The Contractor shall furnish and install "Surface Applied" DWS per SPPWC Std. Plan 111-5, conforming to the dimensions shown on the Plan or as required in the field during construction. DWS to be used shall be the "Traditional System" (not the ramp up mat) by Safety Step TD or approved equal.

DWS shall consist of a surface of truncated domes aligned in a square grid pattern. DWS shall be yellow in color per Federal Standard (AMS-STD-595,)color No. 23655. DWS shall extend 36-inches minimum (from the back of the curb face) in the direction of travel, and the full width of the curb ramp. Contractor shall submit sample of DWS material, for City approval, prior to installation.

Grading adjacent to the newly constructed curb ramp shall be as described under Section 1.40, "Parkway Restoration,"of the General Requirements of these Special provisions.

Full compensation for conforming to the requirements of Bid Item 9 "Remove Existing Improvements and Construct PCC Curb Ramp with Detectable Warning Surface"shall be at the Contract Unit Price bid per EACH bid per each curb ramp constructed, including retaining curb when required. Such payment shall include all work specified above including all labor, materials, and equipment necessary to complete this work. No additional compensation will be allowed therefor.

10. Sawcut& Remove Existing Improvements and Construct PCC Curb & 1'or 1.5'Gutter, Including Curb & Gutter Transitions

11. Sawcut&Remove Existing Improvements and Construct 6"PCC Median Curb Only Bid Items 10 and 11 consist of sawcutting and removing existing improvements, and reconstruction of Portland Cement Concrete(PCC)curb and gutter, or curb only. The height of the curb and the width of the gutter vary to match existing curb and gutter to join, however, the height of the new median curb shall be 6", as shown on the Plan. Work includes excavation, root removals, subgrade preparation, backfill, compaction, cleanup, and replacement of any existing curb drains and curb markings, if any, (i.e., house numbers, red curb paints) removed by the new construction. This item also includes construction of curb&gutter transitions shown on the Plan.

All work shall be in accordance with the applicable provisions of Subsections 300-2, "Unclassified Excavation," 301-1, "Subgrade Preparation,"and 303-5, "Concrete Curb, Walk....,"of the SSPWC, and Standard Plan No. 120-3 of the SPPWC.

All PCC and/or AC improvements to be removed shall be sawcut at join lines prior to removal. Damage to the improvements to be left in place shall be remedied by sawcutting, removal and reconstruction at the Contractor's expense and to the satisfaction of the Engineer. All concrete flowlines shall be water-tested upon completion of finishing, and any irregularities causing water ponding shall be corrected and refinished. Under sidewalk drain shall be in accordance with SPPWC Standard Plan 150-4. Restoration of the parkway adjacent to the new improvements shall be done in accordance with Section 1.40, "Parkway Restoration,"of the General Requirements of these Special Provisions.

Payment for these Bid Items, "Sawcut&Remove Existing Improvements and Construct PCC Curb& 1'or 1.5' Gutter, Including Curb&Gutter Transitions,"and "Sawcut&Remove Existing Improvements and Construct 6" PCC Median Curb Only,"shall be made at the Contract Unit Price per Lineal Foot of curb and gutter or curb only constructed, as shown on the Proposal and shall include all work specified herein including all labor, materials, tools, equipment, time, and incidentals necessary to complete this work, and no additional compensation will be allowed therefor.

Payment for the removal and temporary restoration of the AC pavement(slot paving)adjacent to these improvements shall also be part of these Bid Items.

12. Sawcut, Remove and Reconstruct 4-Inch-Thick PCC Sidewalk, Walkway&Slab This Bid Item shall include the sawcut and removal of existing improvements and construction of 4-inch-thick PCC, as shown on the Plan, and/or as marked in the field. This shall also include excavation, root removal, subgrade preparation, backfill, compaction, cleanup, and replacement of existing drains, if any, removed or damaged by the new construction. New sidewalk scoring shall be installed with a scoring tool and shall match existing scoring pattern adjacent to the new sidewalk improvements.

Also included under this Bid Item is the removal of existing improvements and construction of 4"thick PCC slab on the southerly end of the project where the median island is to be modified, as shown on Detail"A," Sheet 2.

All work shall be completed in accordance with SPPWC Standard Plans 112-2 and 113-2, and Subsections 300-2, "Unclassified Excavation," 301-1, "Subgrade Preparation,"and 303-5, "Concrete Curbs, Walks, etc.,"of the SSPWC. All PCC improvements to be removed shall be sawcut at join lines prior to removal. The Contractor shall remove A.C. ramping from existing PCC to be left in place and joined. Damage to the improvements to be left in place shall be remedied by sawcutting, removal and reconstruction at the Contractor's expense and to the satisfaction of the Engineer. Under sidewalk drain shall be in accordance with SPPWC Standard Plan 150-4. Restoration of the parkway shall be done in accordance with Section 1.40, "Parkway Restoration,"of the General Requirements of these Special provisions.

Wherever a tree well exists or is proposed in the new sidewalk, forming for the tree well shall be included in the contract unit price for this Bid Item. No additional compensation will be provided for installing and removing forms for tree wells.

Payment for "Sawcut, Remove and Reconstruct 4-Inch-Thick PCC Sidewalk, Walkway&Slab,"shall be made at the Contract Unit Price bid per Square Foot of PCC constructed, and shall include full compensation for all labor, materials, tools, and equipment involved, and all work described herein, and no additional compensation will be allowed.

13. Sawcut, Remove and Reconstruct 6-Inch-Thick PCC Commercial Driveway Approach and Slab This Bid Item shall include the sawcut, removal and reconstruction of 6-inch-thick PCC commercial driveway approach, and slab, as shown on the Plan, and/or as marked in the field together with excavation, root removal, replacement of existing drains removed or damaged by the new construction, subgrade preparation, backfill, compaction and cleanup.

All work shall be in accordance with applicable provisions of Subsections 300-2, "Unclassified Excavation," 301-1, "Subgrade Preparation,"and 303-5, "Concrete Curb, Walk...,"of the SSPWC, and per Std. Plan No. 110-2, Type C of the SPPWC. All PCC improvements to be removed shall be sawcut at join lines prior to removal. Under sidewalk drain shall be in accordance with SPPWC Std. Plan 150-4. Restoration of the parkway adjacent to the new improvements shall be done in accordance with Section 1.40, "Parkway Restoration," of the General Requirements of these Special Provisions.

Payment for"Sawcut, Remove and Reconstruct 6-Inch-Thick PCC Commercial Driveway Approach and Slab," shall be made at the Contract Unit Price per Square Foot of commercial driveway approach constructed, and shall include full compensation for all labor, materials,tools, and equipment involved, and all work described herein, and no additional compensation will be allowed. For radial driveways, areas shall include the integral curbs.

Payment for the removal and temporary restoration of the AC pavement(slot paving) in front of the driveway, (street side) is also included under this Bid Item.

Payment for the removal and reconstruction of the AC pavement(slot paving) at the back of the driveway, as well as the removal and reconstruction of the curb and gutter adjacent to the driveway(except for radial driveways where the curb&gutter is part of the driveway) is included under separate Bid Items.

14. Sawcut&Remove Existing Improvements and Construct PCC Alley Intersection This Bid Item shall include the sawcut, removal and reconstruction of PCC alley intersection, as shown on the Plan, and/or as marked in the field together with excavation, root removal, protection and/or replacement of all existing drains, subgrade preparation, backfill, compaction and cleanup. All work shall be completed in accordance with SPPWC Standard Plan No. 130-3, and applicable provisions of Subsections 300-2, "Unclassified Excavation,"301-1, "Subgrade Preparation,"and 303-5, "Concrete Curb, Walk...,"of the SSPWC. All PCC improvements to be removed shall be sawcut at join lines prior to removal.

In order to maintain access to the residents, the alley shall be constructed one half at a time, or at the option of the Contractor and upon approval by the Engineer, a"high early"strength concrete may be used, so that 4 hours after its pour, the new driveway,with steel plates covering, shall be capable to withstand the imposed load without damage.

Should an alley approach be excavated at the end of a workday, the Contractor shall provide a temporary access ramps or steel plates for vehicles to be able to pass through.

Payment for this Bid Item, "Remove Existing Improvements and Construct PCC Alley Intersection,"shall be made at the Contract Unit Price per Square Foot of alley intersection constructed and shall include full compensation for all labor, materials, tools, equipment, time, and incidentals necessary to complete this work, and no additional compensation will be allowed therefor. The curb ang gutter adjacent to the alley shall be part of the alley and shall be included for payment on the Bid Item.

Payment for the removal and temporary restoration of the AC pavement(slot paving)adjacent to these improvements is also included under this Bid Item. Payment for the removal and reconstruction of the AC pavement(slot paving)at the back of the alley of the alley is included under separate Bid Item.

15. Sawcut and Remove Existing Improvements and Construct PCC Cross Gutter& Spandrel, and Other 8- Inch-Thick PCC
This Bid Item shall include the sawcut and removal of existing improvements and construction of 8-inch-thick PCC cross gutter and spandrel at the locations shown on the Plan, and/or as marked in the field, including excavation, root removal, subgrade preparation, backfill, compaction, cleanup, and replacement of existing curb drains, and curb markings, if any, (i.e. house numbers, red curb paints) removed by the new construction, in accordance with SPPWC Standard Plan No. 122-3, and Subsections 303-5, "Concrete Curbs, Walks, etc.," of the Standard Specifications.

Removal and reconstruction of the AC pavement(slot paving) in front of the cross gutter(on Mulberry Ave) is also included as part of this Bid Item. The Contractor may place and maintain a 2"AC temporary resurfacing in lieu of the ARHM overlay while the project is in progress until such time when the rest of the street is ready for final paving. The temporary resurfacing shall be removed prior to final paving and shall be paved with ARHM at the same time the adjacent areas are paved
All concrete flowlines shall be water-tested upon completion of finishing, and any irregularities causing water ponding shall be corrected and refinished.

Payment for this Bid Item, "Remove Existing Improvements and Construct PCC Cross Gutter&Spandrel,"shall be made at the Contract Unit Price per square foot of cross gutter and spandrel constructed and shall include