Agenda packet — Upland City Council, June 22, 2026 (part 6 of 6)

SIGNATURE PAGE TO
AMENDMENT NO. 3 TO

AGREEMENT FOR PROFESSIONAL SERVICES
WITH HR GREEN PACIFIC, INC.

CITY CONSULTANT
CITY OF UPLAND HR GREEN PACIFIC, INC.

Timothy J. Hartnett, President
Michael Blay, Municipal Services
City Manager
ATTEST:

Tina York, PE
Keri Johnson, CMC Director Civil Plan Review
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger, LLP
City Attorney

Page 568 of 673 ends

HR Green Pacific, Inc. 2026 Fee Schedule
Personnel Classification Hourly Billing Rate
Project Manager $220-300
Civil Plan Check Manager $220-260
Traffic Engineer $250-280
Associate Engineer $160-185
Assistant Engineer $135-160
Environmental Associate (NPDES) $135-195
Senior Civil Plan Checker $180-220
Civil Plan Checker $135-180
Map Checker $150-200
Public Works Technician $100-130
Transportation Manager $160-200
Transportation Planner $130-180
Permit Technician $ I5-115
Notes:
1_ Other classifications are available based upon the needs of the agency. 2_ All general engineering tasks will he negotiated on a case by case basis using the hourly rates provided for personnel assigned to the contract.

Professional Reimbursement I Hourly and Overtime Rates: The hourly billing rates include the cost of salaries of the HR Green employees, plus sick leave, vacation, holiday and other fringe benetiis_ The percentage added to salary costs includes indirect overhead costs and fee(profit)_ All employees classified as `non axe mptb by the U.S. Department of Labor will be compensated at 1.5 times salary, as per state and Federal wage and hour for overtime hours. Billing rates will be calculated accordingly for overtime hours.

Prevailing Wage: Please note that for prevailing wage projects the total project cost can be higher than HR Green would otherwise charge.

DirectReinbursable Expenses and Subconsultants: Reimbursement for direct expenses, as listed below,incurred in connection with the worm,will be at cost plus 15% for items such as:
a_ Maps, photographs, reproductions,printing,equipment rental and special supplies related to the work_ b_ Subconsultants arid other outside services: if needed.

G. Specific telecommunications and delivery charges.
d_ Special fees,insurance,permits,and licenses applicable to the work. e_ Outside computer processing, computation,and proprietary programs purchased for the work_ f. Mileage and vehicle costs directly related to agency services. g_ Travel expenses(e.g., hotel, meals,transportation,etc.)_ Our hourly feesi ates shall remain effective through the term of the amendment and may be adjusted annually thereafter as negotiated with and agreed to by the agency_ 1493 City of Upland—Fee Proposal-Professional Engineering Plan Check Services and Staff Augmentation Page I

Page 569 of 673 ends

Docusign Envelope ID: 1B4ABF86-DC41-4C81-AE91-5947C0085841 AMENDMENT NO. 2 TO AGREEMENT

FOR PROFESSIONAL SERVICES WITH

HR GREEN PACIFIC
This Amendment No. 2 to a certain Professional Services Agreement by and between the Parties is made and entered into as of June 9, 2025 ("Effective Date") by and between the City of Upland, a municipal corporation ("City") and HR GREEN PACIFIC ("Consultant"). City and Consultant are sometimes referred to herein individually as a "Party" and collectively as "Parties."

RECITALS
A. WHEREAS, City and Consultant have entered into a Professional Services Agreement, dated September 27, 2021, for the purpose of providing plan checking services (the "Original Agreement").

B. WHEREAS, the Parties executed Amendment No.1 to the Original Agreement on August 14, 2023 (collectively the Original Agreement and Amendment No 1 are hereinafter referred to as the "Agreement").

C. WHEREAS, the Parties now desire to amend the Agreement in order to provide for additional plan checking by Consultant and compensation therefor during City's 2024/2025 fiscal year and to provide for a revised not to exceed amount of compensation from $60,000 to $98,000 for City's fiscal year 2024/2025 for the performance of the additional plan checking in accordance with the compensation provisions of the Agreement.

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 2 and the Amended Agreement, the Parties mutually agree as follows:

AGREEMENT

1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.

2. 2024-2025 Fiscal Year Compensation and Additional Work. Notwithstanding any provision in Sections 2 and 3 of the Agreement to the contrary, the not-to-exceed compensation due Consultant for City's 2024-2025 fiscal year shall be $98,000..

3. Full Force. Except as amended by this Amendment No. 2, all provisions of the Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 2.

4. Electronic Transmission. A manually signed copy of this Amendment No. 2, which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 2 for all purposes. This Amendment No. 2 may be signed using an electronic signature.

Page 570 of 673 ends

Docusign Envelope ID: 1B4ABF86-DC41-4C81-AE91-5947C0085841

5. Counterparts. This Amendment No. 2 may be signed in counterparts, each of which shall constitute an original.

IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No.2 on the Effective Date first herein above written.

CITY OF UPLAND CONSULTANT
HR GREEN PACIFIC, INC.

LSigned by:
w V Docu
Signed by:

E551-320490r54D4... „
Bill Velto, l OCB873C67DD11CC...

Mayor Timothy J. Hartnett,
President
ATTEST:

Municipal Services
DocuSigned by:
3 r121ners4ai 317n.. HR GREEN PACIFIC, INC.

Keri Johnson
City Clerk DocuSigned by:

EasaW Popr A
APPROVED AS TO FORM: Jason Poppen
Chief Executive Officer
33Signed2CC7 by:

Sit/LW Vt-ii-S6L
®FEBS 4BC...

Stephen Deitsch
Best, Best & Krieger LLP
City Attorney

Page 571 of 673 ends

Docusign Envelope ID: 1B4ABF86-DC41-4C81-AE91-5947C0085841 EXHIBIT A-1

ADDITIONAL PLAN CHECK SERVICES
[RATE SHEET ATTACHED]

Page 572 of 673 ends

Docusign Envelope ID: 1B4ABF86-DC41-4C81-AE91-5947C0085841 HR Green Pacific, Inc. 2021 Fee Schedule
Personnel Classification Hourly Oilfinn late
Project Manager SI85-2211
Civil Plan Check Manager S180-225
TruIfc Engineer $1811-220
Associate Engineer $t40-175
Assistant Engineer $120.155
ErnRrarrs-entel As sci a(NPDES) S130-175
Senior Civil.Erigibieeriplas Checker S170.20n,
Plan Chenker S14511.:

Map aecker $1311-2G'0
Public U'lcriks Techalaan $100-12(1
Transpnrladion Menage/. $160-2C0
Transprrtatio planner $130-100
permh TechniGlani $ B5-115
N4t6S'
'. Oiherclassifications are a'railatie based upon the needs of the agency,

2. All gonersI erg neering lacks will be negotiated Dr.a Casa by case basis using The hc&'rly rates Dn aided for personnel assigned to tie apniract.

Professional Reimbursement I Hourly and Overtime Rates! The hourly bil ins rates Include the aost of cola ies of the HR Green employee , plus suck leave, vacation, helidey one 5!her Fringe benerjty. The percentage acded to salary C4s1.s;9cluaes.ndireot Eiverhead casts and foe(profit). All employees classified as'non-exempt by the U.& Department of Labor will be oompens too at 1.5 times salary+, as per state and Federal wage and hour for OvErtline hours.$IIIIIrg rates will be calculated accordingiy for ohrertine hours.

Prevailing wage:Please note that far prevailing wage projects the total project cost can be higher than HR Greer would otherwise ctiarge.

DrrectiReimbursahla Experts and Sclboortsuitartts; Reimbursement Far d ect expanses,as listed babw,inCjrred in connection v,ilh;he work,WO be al cost piue 1546 for items suyh as:
a. Maps,photographs,,eplrxucticn ,printing,equipment-entel anc special supplies related to The work, b. Subtscrrsullants and Either out da Furrire5,if needed. c. Specii1c lciecarrrmunications and delivery charges. d. Special fees,insurrr e,permits,and licenses applicable to the viork. e. Outside computer processing, :amputation,and prr.•priatary programs purchased for the kvarlc, f. Mileage and vehicle costs directly rested to agency serapes. ?. Travet expenses i,c_g.,hotel,meals,tratsportftion, eta).

Our hourly fees/raies shall remain effective Through Deoember 31.20121 and(rail/be adjusted anrually thereafter As negotiated+,.i-h and adread to by tie agency.

Cry of Upland-Foe Proposs -PT-essicnel Engineering Plan Cte l<Services and Staff Atrgmenlaiiun I Foir•:ai, Peg l 3 — —
r•t�ric

Page 573 of 673 ends

Docusign Envelope ID: 1B4ABF86-DC41-4C81-AE91-5947C0085841 AMENDMENT NO. 2 TO AGREEMENT

FOR PROFESSIONAL SERVICES WITH

RECITALS
A. WHEREAS, City and Consultant have entered into a Professional Services Agreement, dated September 27, 2021, for the purpose of providing plan checking services (the "Original Agreement").

B. WHEREAS, the Parties executed Amendment No.1 to the Original Agreement on August 14, 2023 (collectively the Original Agreement and Amendment No 1 are hereinafter referred to as the "Agreement").

AGREEMENT

1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.

Page 574 of 673 ends

Docusign Envelope ID: 1B4ABF86-DC41-4C81-AE91-5947C0085841

5. Counterparts. This Amendment No. 2 may be signed in counterparts, each of which shall constitute an original.

IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No.2 on the Effective Date first herein above written.

CITY OF UPLAND CONSULTANT
HR GREEN PACIFIC, INC.

LSigned by:
w V Docu
Signed by:

E551-320490r54D4... „
Bill Velto, l OCB873C67DD11CC...

Mayor Timothy J. Hartnett,
President
ATTEST:

Municipal Services
DocuSigned by:
3 r121ners4ai 317n.. HR GREEN PACIFIC, INC.

Keri Johnson
City Clerk DocuSigned by:

EasaW Popr A
APPROVED AS TO FORM: Jason Poppen
Chief Executive Officer
33Signed2CC7 by:

Sit/LW Vt-ii-S6L
®FEBS 4BC...

Stephen Deitsch
Best, Best & Krieger LLP
City Attorney

Page 575 of 673 ends

Docusign Envelope ID: 1B4ABF86-DC41-4C81-AE91-5947C0085841 EXHIBIT A-1

ADDITIONAL PLAN CHECK SERVICES
[RATE SHEET ATTACHED]

Page 576 of 673 ends

2. All gonersI erg neering lacks will be negotiated Dr.a Casa by case basis using The hc&'rly rates Dn aided for personnel assigned to tie aaniract.

Prevailing wage:Please note that far prevailing wage projects the total project cost can be higher than HR Greer would otherwise ctiarge.

DrrectiReimbursahla Experts and Sclboortsuitartts; Reimbursement Far d ect expanses,as listed babw,inCjrred in connection v,ilh;he work,WO be al cost plus 1546 for items suyh as:
a. Maps,photographs,,eplrxucticn ,printing,equipment-entel anc special supplies related to The work, b. Subtscrrsullants and Either out da Furrire5,if needed. c. Specii1c lciecarrrmunications and delivery charges. d. Special fees,insurrr e,permits,and licenses applicable to the viork. e. Outside computer processing, :amputation,and prr.•priatary programs purchased for the kvarlc, f. Mileage and vehicle costs directly rested to agency serapes. ?. Travet expenses i,c_g.,hotel,meals,tratsportftion, eta).

Our hourly fees/raies shall remain effective Through Deoember 31.20121 and(rail/be adjusted anrually thereafter As negotiated+,.i-h and adread to by tie agency.

Cry of Upland-Foe Proposs -PT-essicnel Engineering Plan Cte l<Services and Staff Atrgmenlaiiun I Foir•:ai, Peg l 3 — —
r•t�ric

Page 577 of 673 ends

CITY OF UPLAND

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of September 27, 2021 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 HR GREEN PACIFIC, a California CORPORATION, with its principal place of business at 1260 Corona Pointe Court, Suite 305, Corona, CA. 92879 (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:

Plan Checking and Staff Augmentation Services (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." b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $60,000 per year. 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.
c. Consultant will submit invoices monthly for actual services performed.

Page 578 of 673 ends

d. The City Manager may approve Additional Work, as further defined in Section 3, 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 fifty thousand dollars ($50,000.00). Any additional work in excess of this amount shall be approved by the City Council.

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 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 the date the contract is executed by all parties to June 30, 2026, unless earlier terminated as provided herein. The Parties may, by mutual written consent, extend the term of this Agreement for up to two terms one year each. 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. 2

Page 579 of 673 ends

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.

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 3

Page 580 of 673 ends

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. (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).
4

Page 581 of 673 ends

(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.
(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)
5

Page 582 of 673 ends

(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 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.
6

Page 583 of 673 ends

(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 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 subcontractors or subconsultants.

12. Indemnification.
7

Page 584 of 673 ends

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 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 8

Page 585 of 673 ends

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.

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
9

Page 586 of 673 ends

Consultant shall assign Tina York, PE 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:

DISTRICT: CONSULTANT:

City of Upland Tina York, PE
460 N. Euclid Avenue HR GREEN PACIFIC, INC.
1260 Corona Pointe Court, Suite 305
Upland, CA 91786 Corona, CA. 92879
Attn: City Manager
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. 10

Page 587 of 673 ends

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
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

Page 588 of 673 ends

SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN CITY OF UPLAND

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

CITY OF UPLAND HR GREEN PACIFIC, INC
e3'
By: By: ` 1.L IAA
Stephen Parker � / r
Acting City Manager Its: V �i3 f9-
Printed Name: / _ airA j'z_
ATTEST:

By:
eri nson
City Clerk
APPROVED AS TO FORM:

By: ' 'qCti'‘
Stephen Deitsch
City Attorney
12

Page 589 of 673 ends

EXHIBIT A
Scope of Services

TASKS TO BE PERFORMED
A. CITY SURVEYOR
Review of tentative and final tract or parcel maps submitted by developers in compliance to conditions of approval.Consultant will act as CITY SURVEYOR and will be signatory to all approved maps.Review will include review of closure calculations of all lots formed by land subdivisions, review of title reports, review and coordination of all easements and dedications to the City or utility companies;review of lot mergers,reversions,vacations, lot line adjustments,setting monuments for private and public improvements.

B. DEVELOPMENT PLANS REVIEW
Review engineering plans submitted by private engineering firms involving public and private improvement for land development projects.Plans,calculations and reports include street improvement plans,sewer improvement plans,water improvement plans,storm drain plans,mass grading plans, rough grading plans,precise grading plans, landscaping plans, irrigation plans,street light plans and miscellaneous public improvements including bridges, retaining walls,flood control channels. In addition,Consultant will also review erosion control plans,Water Quality Management Plans(WQMP)and Storm Water Pollution Prevention Plans(SWPPP)This scope includes review of geotechnical reports,hydrology and hydraulic calculations and other engineering documents in support of proposed improvements;review for conformance to standards,acceptable engineering practice and conformance to conditions of approval and all applicable local,state and federal laws; C. TRAFFIC ENGINEERING PLANS
Review of traffic signal plans,signing and striping plans and supporting documents such as traffic impact analysis,traffic signal timing and coordination,traffic control plans,road closure plans and variety of traffic related plan review.

D. OTHER RELATED WORKS
As deemed fit and per sole discretion by the City, Consultant may be asked to perform other professional engineering and surveying tasks.

E. Consultant agrees to provide staff Augmentation, to perform the functions and activities for the City of Upland including the following:

1. Report to City Hall when called upon to provide on-site personnel within seven (7) days of notification. Meet and/or work with City staff, as needed;

2. Field review of projects with City staff, as needed, to address distinct aspects of the proposed project; and attend scheduled meetings with or in place of City Staff, as needed, to work with the Engineer of Record, Developers, and Consultants on processing projects and coordinate to obtain project approvals.

3. Provide permitting support including review of traffic control plans, provide comments to applicants on permit applications, issue, and file permits. Consultant agrees to provide counter, permit or engineering staff, to perform the functions and activities for the City of Upland including maintain regularly scheduled office hours at the city based on an as needed basis. Provide interaction with staff, consultants, the public, community groups engineers, contractors, and inspectors during all phases of the entitlement, design, and construction of public works improvements.

4. Serve and represent the City to the public and other governmental agencies to address all matters relating to existing or proposed development projects within and/or affecting the city. Review development submittals and provide comments or conditions to ensure consistency with local development, city standards and policy. Attend a minimum of two public works staff meeting per month. Report directly to the Principal Engineer daily. 13

Page 590 of 673 ends

EXHIBIT B
Schedule of Charges/Payments
Applicable billing rates are attached hereto
Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Consultant will inform City regarding any out-of-scope work being performed by Consultant. This is a time-and-materials contract.
14

Page 591 of 673 ends

HR Green Pacific, Inc. 2021 Fee Schedule
Personnel Classification - - Hourly Billing Rate Project Manager $185-220
Civil Plan Check Manager $180-225
Traffic Engineer $180-220
Associate Engineer $140-175
Assistant Engineer $120-155
Environmental Associate (NPDES) $130-175
Senior Civil Engineer/Plan Checker $170-200
Civil Plan Checker $145-185
Map Checker $150-200
Public Works Technician $100-130
Transportation Manager $160-200
Transportation Planner $130-180
Permit Technician $ 85-115
Notes:

1. Other classifications are available based upon the needs of the agency.

2. All general engineering tasks will be negotiated on a case by case basis using the hourly rates provided for personnel assigned to the contract.

Professional Reimbursement/Hourly and Overtime Rates: The hourly billing rates include the cost of salaries of the HR Green employees, plus sick leave, vacation, holiday and other fringe benefits. The percentage added to salary costs includes indirect overhead costs and fee (profit). All employees classified as"non-exempt" by the U.S. Department of Labor will be compensated at 1.5 times salary, as per state and Federal wage and hour for overtime hours. Billing rates will be calculated accordingly for overtime hours.

Prevailing Wage: Please note that for prevailing wage projects the total project cost can be higher than HR Green would otherwise charge.

Direct/Reimbursable Expenses and Subconsultants: Reimbursement for direct expenses,as listed below, incurred in connection with the work, will be at cost plus 15%for items such as:
a. Maps, photographs, reproductions, printing, equipment rental and special supplies related to the work. b. Subconsultants and other outside services, if needed. c. Specific telecommunications and delivery charges.
d. Special fees, insurance, permits, and licenses applicable to the work. e. Outside computer processing, computation, and proprietary programs purchased for the work. f. Mileage and vehicle costs directly related to agency services. g. Travel expenses (e.g., hotel, meals, transportation, etc.).

Our hourly fees/rates shall remain effective through December 31, 2021 and may be adjusted annually thereafter as negotiated with and agreed to by the agency. 1173 City of Upland-Fee Proposal-Professional Engineering Plan Check Services and Staff Augmentation HRGreen. Page 13 — - - — — —

PACIFIC

Page 592 of 673 ends

HR Green Pacific, Inc. 2021 Fee Schedule
Personnel Classification _ Hourly Billing Rate
Project Manager $185-220
Civil Plan Check Manager $180-225
Traffic Engineer $180-220
Associate Engineer $140-175
Assistant Engineer $120-155
Environmental Associate(NPDES) $130-175
Senior Civil Engineer/Plan Checker $170-200
Civil Plan Checker $145-185
Map Checker $150-200
Public-Works Technician $100-130
Transportation Manager $160-200
Transportation Planner $130-180
Permit Technician $ 85-115
Notes:

1. Other classifications are available based upon the needs of the agency.

2. All general engineering tasks will be negotiated on a case by case basis using the hourly rates provided for personnel assigned to the contract.

Prevailing Wage: Please note that for prevailing wage projects the total project cost can be higher than HR Green would otherwise charge.

Direct/Reimbursable Expenses and Subconsultants: Reimbursement for direct expenses, as listed below, incurred in connection with the work,will be at cost plus 15%for items such as:
a. Maps, photographs, reproductions, printing, equipment rental and special supplies related to the work. b. Subconsultants and other outside services, if needed. c. Specific telecommunications and delivery charges.
d. Special fees, insurance, permits, and licenses applicable to the work. e. Outside computer processing, computation, and proprietary programs purchased for the work. f. Mileage and vehicle costs directly related to agency services. g. Travel expenses (e.g., hotel, meals, transportation, etc.).

Our hourly fees/rates shall remain effective through December 31, 2021 and may be adjusted annually thereafter as negotiated with and agreed to by the agency. 11113 City of Upland—Fee Proposal-Professional Engineering Plan Check Services and Staff Augmentation NRGren.page 13 - -
P A C I F t C

Page 593 of 673 ends

EXHIBIT C
Activity Schedule
15

Page 594 of 673 ends

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. 05/19/2026 \` `n
Date \ dual
HR Green Pacific, Inc./Tina York
Company/Applicant Name
(Levine Act definitions on reverse side)

Page 595 of 673 ends

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.

Page 596 of 673 ends

4c, °v °p`q� CITFUP LAND
�" - -
.�, �` "The City of Gracious Living"
c�lrFOR�i�
DATE: June 22,2026
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:ROBERT D.DALQUEST,DEVELOPMENT SERVICES DIRECTOR

ALAN FRENCH,PRINCIPAL ENGINEER

YESENIA DIAZ,ASSOCIATE ENGINEER
SUBJECT: CONSIDER APPROVAL OF A THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH TRANSTECH ENGINEERS,INC.

RECOMMENDED ACTION:

It is recommended that the City Council approve Amendment No.3 to the agreement with TransTech Engineers,Inc., extending the contract an additional year with an annual compensation of$60,000 for Fiscal Year 2026-27; and authorize the City Manager to execute the amendment.

GOAL STATEMENT
The proposed action supports the City's goal of providing reliable,timely and efficient traffic engineering services for the Upland citizens.

BACKGROUND
The City of Upland utilizes part-time contract consultants to provide professional services and to augment existing staff levels. On September 27, 2021, the City Council approved a professional services agreement with TransTech Engineers,Inc. (TransTech)for plan check services and staff augmentation.The original contract was for a five-year term with two City-optional one-year extensions for a contract amount of$60,000 per year for the five-year term for a total contract amount of$300,000.

Due to the value of the service,Amendment No. 1 to the agreement with TransTech was approved on June 30,2022.

The agreement increased the annual contract amount by $8,000 for total annual amount of$68,000 per year. This amendment allowed for additional plan check services to complete projects already in process.

On June 10,2024,the City Council approved Amendment No.2,increasing the annual compensation to$75,000.This was due to a delay with some project submittals and an increase in activity. As a result, TransTech assignments exceeded the annual contract limit in FY 2023-24 by $15,000. The amendment covered the TransTech contract overage for that year and was back to the original amount of$60,000 the following fiscal year.

Assembly Bill (AB) 339 (effective January 1, 2026)requires local public agencies to provide recognized employee organizations with at least 45 days'written notice prior to issuing an RFP,RFQ,or renewing or extending a contract for services that are currently performed by represented employees.

ISSUES AND ANALYSIS
TransTech provides cost-effective services and has performed satisfactorily for the term of the contract.The services provided by TransTech are dependent on the development activity and TransTech is assigned work for several development projects in process. This ensure continuity by allowing the process to be completed by the same plan checkers who have been reviewing the projects.

Staff are recommending that City Council exercise the one-year extension option of the existing contract with an end date of June 30,2027,at the original amount of$60,000 for the Fiscal Year 2026-27.The extension would not affect the overall budget amount.

However,the scope of work associated with this contract falls within duties performed by classifications represented by the UMMEA bargaining unit and is therefore subject to the requirements of AB 339. On June 8, 2026,the City

Page 597 of 673 ends

provided notice to UMMEA regarding the proposed contract and requested consideration of waiving the statutory 45- day notice period to avoid an interruption in services currently being provided under the existing contract.

Following discussions between City and UMMEA representatives,UMMEA agreed to waive the remainder of the 45- day notice period and support continuation of the contracted services while the City completes the necessary steps to establish and fill a permanent City employee position to perform these functions. Staff anticipate that the recruitment and hiring process will be completed within approximately six months, at which time the services are expected to transition from the contractor to City staff.

ENVIRONMENTAL DETERMINATION
This contract amendment for plan checking servicing with the City is not considered a project under the California Environmental Quality Act(CEQA)pursuant to Section 15378 of the CEQA Guidelines.

FISCAL IMPACTS
The total cost for Fiscal Year 2026-27 is$60,000.There are available funds in the Development/Traffic Engineering Professional Services Account No. 101228-5252 which are fully offset through the collection of fees in the development process deposited into the Development Map&Plan Check Revenue Account No. 1012208-4646.

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

Page 598 of 673 ends

AMENDMENT NO. 3 TO

PROFESSIONAL SERVICES AGREEMENT
WITH TRANSTECH ENGINEERS, INC.

This Amendment No. 3 to the Professional Services Agreement is made and entered into as of June 29, 2026, ("Effective Date") by and between the City of Upland, a municipal corporation ("City") and Transtech Engineers, Inc., a California Corporation ("Consultant"). City and Consultant are sometimes referred to herein individually as a "Party" and collectively as "Parties."

RECITALS
A. WHEREAS, the City and the Consultant have entered into an agreement, dated September 27, 2021, for the purpose of providing plan checking and staff augmentation services (the "Original Agreement").

B. WHEREAS, the City and the Consultant have executed Amendment No. 1, dated June 30, 2022, to the Original Agreement for the purpose of providing additional plan checking and staff augmentation services for an additional compensation of $8,000 for City fiscal year 2021/2022 and future fiscal years.

C. WHEREAS, the City and the Consultant executed Amendment No. 2, dated June 10, 2024, to provide additional plan checking and staff augmentation services and to increase compensation for such services to $80,000 for the City's fiscal year 2023/2024 only, all in accordance with the compensation provisions of the Agreement (collectively the Original Agreement, Amendment No. 1, and Amendment No. 2, are hereinafter referred to as the "Amended Agreement").

D. WHEREAS, the City and the Consultant now desire to amend the Amended Agreement to extend the term for an additional one year for Consultant to continue providing plan-checking services during the City's 2026/2027 fiscal year and to provide additional compensation of up to$60,000 for such services in accordance with the compensation provisions of the Amended Agreement.

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 3 and the Amended Agreement, the Parties mutually agree as follows:

AGREEMENT

1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.

2. Term Extension 2026/2027 Fiscal Year and Compensation.

Notwithstanding any provision in Sections 5 of the Amended Agreement, to the contrary, the end limit date of June 30, 2026, is hereby replaced with the end date of June 30, 2027, to include City's 2026/2027 fiscal year. The not-to-exceed compensation due Consultant for 2026/2027 shall be $60,000 in accordance with the

Page 599 of 673 ends

Amended Agreement.

3. Full Force. Except as amended by this Amendment No. 3, all provisions of the Amended Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 3.

4. Electronic Transmission. A manually signed copy of this Amendment No. 3 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 3 for all purposes. This Amendment No. 3 may be signed using an electronic signature.

5. Counterparts. This Amendment No. 3 may be signed in counterparts, each of which shall constitute an original.

IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 3 on the Effective Date first herein above written.
[SIGNATURES ON FOLLOWING PAGE]

Page 600 of 673 ends

SIGNATURE PAGE TO
AMENDMENT NO. 3 TO

PROFESSIONAL SERVICES AGREEMENT
WITH TRANSTECH ENGINEERS, INC.

CITY CONSULTANT
CITY OF UPLAND TRANSTECH ENGINEERS, INC.

Michael Blay, Name:

City Manager Title:

ATTEST:

Keri Johnson Name:

City Clerk Title:

APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

Page 601 of 673 ends

DocuSign Envelope ID: F6E15645-DD8A-4061-BD2F-5D309CB1BC43 AMENDMENT NO. 2 TO AGREEMENT

FOR PROFESSIONAL SERVICES WITH TRANSTECH CORPORATION
This Amendment No. 2 to the Professional Services Agreement is made and entered into as of June 10, 2024 ("Effective Date") by and between the City of Upland, a municipal corporation ("City") and TRANSTECH Engineers, INC., a California Corporation ("Consultant"). City and Consultant are sometimes referred to herein individually as a "Party" and collectively as "Parties."

B. WHEREAS, the City and the Consultant have executed Amendment No. 1, dated June 30, 2022, to the Original Agreement "(the Original Agreement and Amendment No. 1 are hereafter collectively referred to as the "Amended Agreement")" for the purpose of providing additional plan checking and staff augmentation services for an additional compensation of $8,000 for City fiscal year 2021/22 and the future fiscal years.

C. WHEREAS, the Parties now desire to amend the Amended Agreement in order to include additional plan checking and staff augmentation services and to include additional funds for the performance of the additional plan checking services in the amount of$20,000 for the City's fiscal year 2023/24 for the performance of the additional plan checking services otherwise in accordance with the compensation provisions of the Amended Agreement.

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 2 and the Original Agreement, the Parties mutually agree as follows:

AGREEMENT

1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.

2. Compensation Commencing July 1, 2023. Notwithstanding any provisions in Section 2 of the Amended Agreement to the contrary, commencing July 1, 2023 for City fiscal year 2023/24 only, and for services rendered to City, (a) the fiscal year compensation shall not exceed $80,000, (b) the Schedule of Charges shall be as set forth in Exhibit "A-1" attached hereto and incorporated herein by reference, and (c) the total fiscal year compensation for City fiscal year 2023/24 only, including Additional Work, shall not exceed $80,000 without approval by the City Council

3. Electronic Transmission. A manually signed copy of this Amendment No. 2 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 2 for all purposes. This Amendment No. 2 may be signed using an electronic signature.

4. Counterparts. This Amendment No. 2 may be signed in counterpartCf02 of 673

DocuSign Envelope ID: F6E15645-DD8A-4061-BD2F-5D309CB1BC43 of which shall constitute an original.

IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 2 on the Effective Date first herein above written.

CITY OF UPLAND CONSULTANT
TRANSTECH Engineers, Inc.
—DocuSigned by:
ki ,—DocuSigned by:
1^
�GB26FB966SFF18n... Q (Air
Michael Blay, - 0000020r77,D°CD...

City Manager Name: Allen cayi r
Title: oresi dent
APPROVED AS TO FORM:

TRANSTECH Engineers, Inc.

DocuSigned by:
(—DocuSigned by:
r
fc ply VufS
�Z'a57QF6 G .G62F25^17 S46a 89
Stephen Deitsch Name: sybi 1 cayi r
Best Best & Krieger LLP
City Attorney secretary
y
ATTEST:
,—DocuSigned by:

Keri Johnson
City Clerk

Page 603 of 673 ends

DocuSign Envelope ID: F6E15645-DD8A-4061-BD2F-5D309CB1BC43 EXHIBIT A-1

ADDITIONAL PLAN CHECKING AND STAFF

AUGMENTATION SERVICES
[RATE SHEET ATTACHED]

Page 604 of 673 ends

DocuSign Envelope ID: F6E15645-DD8A-4061-BD2F-5D309CB1BC43 FEE 1
Following are Fee Rates for 4 Staff Classifications listed In CItte$R FOL:
a_Permit Technician S 5
b.ASSiSta nt Engineer $120
c.Associate Engineer $145
d.Senior EnginHer $195
Following is Trenstechrs Fee Schedule for all Staff aassificatkii, TRAN&TEEH ENGINEERS, INW.

SCHEDULE OF HOURLY RATES
Eff. ctlre through June 30, 2(1.22
r.C f.1-,-P 1.1:.- C.."1
`. IFI=_-: '•, . b1AFl. i '.iEt• LU _.I'•::; ? :. F.T....

Felc Technician _ 590 Lahr smpia1c ..1a}s1 135 sec illTechniiien •°S Engirsecirg Technician S35 Firdy Coo-dineior 514D 'bn CheckTechnldatl 9 0 Asslsean'CAD Drafter S115 LEiitY:4u-dinalo' S15u 3ulldrrl Irsvevtor 111C Sccior;AD brarinr Si3,5 Office E-ne.`neer icr l p3{tor $125 Anna..fate Designer S14C Ccrslructoi Irsaecclor S135 bne ExerninarCChecker $135 SettarDenIne: -- 5151: SerriccCansiIucllonlnspedo- S145 'Ivrl Check Englnef S'Ew Essign=14cf fdaialer S18E Cc..rslrnr#nn lfararer SIRS Dept).9rildiig i}ri.ii3l S'5 AaaistenlErigrwer S12t: ResleLeniEngtleer 5;85 3uildn}Offical S'$D StaflPl4sociatsC.V..!Englnesf 5145 P1_13_ v 0,:;-:Kv. I'.. FE_-lTJ .. -'_ f..7•. N.:

S e.iorCivil Engineer S1SE Ft~oll0'rYcr1,.9Inipec1.17 S..35 .)ammuutsDe.elaementTerhnidan 30 Traffic{,nalystTecirio'ar SI1C Sonia'Public'kirks lipeclor S'45 'IannIngTcchnicia7 S55 ASS4:i48 Trafit AnsIyst 613C $L-RerOsiry PW IrSpeCtor S'50 .499i9tant PiEmn.Br 6120 Eenior Traffic ArElpet S15C 4Lgg"+_'i `'.'i:: ', r'..F'F'ING r.WosiatePlaner S135 Professonal TranSpertitkn Plarnr:r 516E Surrey nnalyal 3135 Senior'hnner S155 TraflicEngireerTfchniian Se5 8enlo'8urieyAiahol 8145 :Ii1ninerlerager S165 AssOm Traffic Engireer S'.45 24.1a1 Slirvey u 'i $514 Trarlic Ertgiimr 5'6C Surrey&fdepprci Specialst 5175 Admn¢irati.elOeivaI 385 S enior Traffic Engireer S'8E Licensed;And Surnecr 3190 Pried.Ac onri1 'nt 36.3 Prow Rliana?er S'7:• F-N:.1 •.2 u. GP.4•.,- ..=ITING Senior PrbOctil..anager 6185 Funr: An9ly9t 3130 E911119 City Engireer S15.' Sa fiiOr FJrid2 hl'3fyst 31LO Orly E'lgrb r 5175 [rElph.c& erderirg Stegner 3125 Frincpel Engineer S19.• a I3ra'It eider 3155
Fars&Grant F.-ajec Menage- 3175
The,ates 0r:Ir1Croased ict year JL1y let sufarrahcary Dy the peroartege marge Lag Angeles-Lang E oa:'h4.1ae$Ir Caftrria Coneurrer Price Inielt-All Ubai ConsJrlers•;'CFI•U')for The prece i%twdye•rn..3r•th per ad es:flwhtedfar Feh ii y by the U.S.DEpart•nent x Labcr Eurc-al.•r Labff Stet s-;ca and pubiahed by tie Urit-ed 51 ,e6 3ur0au of Laklo' S1a1ia1ic.
0 FEE PROPOSAL Tina

FOR PROFESSIONAL EIIGINEERIHG PLAN CHECK AND STAFF AUGMENTATION

Page 605 of 673 ends

AMENDMENT NO. 1 TO

AGREEMENT FOR PROFESSIONAL SERVICES

WITH TRANSTECH CORPORATION
This Amendment No. 1 to the Professional Services Agreement is made and entered into as of June 30,2022 ("Effective Date") by and between the City of San Upland, a municipal corporation ("City") and TRANSTECH Engineers, Inc., a California Corporation ("Consultant"). City and Consultant are sometimes referred to herein individually as a "Party" and collectively as "Parties."

RECITALS
A. WHEREAS, the City and the Consultant have entered into an agreement, dated September 27, 2021, for the purpose of providing grant application services (the "Original Agreement").

B. WHEREAS, the Parties now desire to amend the Original Agreement in order to include additional staff augmentation services and to include additional funds for the performance of the additional staff augmentation services in accordance with the compensation provisions of the Original Agreement.

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 1 and the Original Agreement, the Parties mutually agree as follows:

AGREEMENT

1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.

2. Amendment to Section 2 of the Original A, rc� eement. Section 2 of the Original Agreement is hereby amended to read as follows:
"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." b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of$68,000 per year. 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.

Page 606 of 673 ends

c. Consultant will submit invoices monthly for actual services performed.

Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty(30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a notice of any disputed fees set forth on the invoice.
d. The City Manager may approve Additional Work, as further defined in Section 3, 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 one hundred eighteen thousand dollars ($118,000.00). Any additional work in excess of this amount shall be approved by the City Council.

3. Compensation. The compensation for services performed pursuant to this Amendment No. 1 shall not exceed Eight Thousand Dollars($8,000), thereby increasing the total not to exceed compensation of the Original Agreement to the amount of Sixty- Eight Thousand Dollars ($68.000). Work shall be performed at the rates set forth in the Exhibit "A-1".

4. Full Force. Except as amended by this Amendment No. 1, all provisions of the Original Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1.

5. Electronic Transmission. A manually signed copy of this Amendment No. 1 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an electronic signature.

6. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original.

IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the Effective Date first herein above written.

Page 607 of 673 ends

CITY OF UPLAND CONSULTANT
APPROVE BY: TRANSTECH ENGINEERS
Braden Yu, /
Director of Public Works Signature -
Allen Cayir
APPROVED AS TO FORM. Name
{7 -iktial President
Best Bet & KriegerVV LLP Title
City Attorney

Page 608 of 673 ends

CITY OF UPLAND CONSULTANT
APPROVED BY: TRANSTECH ENGINEERS
Braden Yu,
Director of Public Works Signature
Allen Cayir
APPROVED AS TO FORM: Name
President
Best Best& Krieger LLP Title
City Attorney

Page 609 of 673 ends

EXHIBIT A-1

ADDITIONAL STAFF AUGMENTATION SERVICES
[RATE SHEET ATTACHED]

Page 610 of 673 ends

FEE 1
Following two Fee Rates for 4 Staff Classifications listed In CIty's R IQ:
a.Permit Tethnlcian $85
b.Awsiytant Engineer $120
c.Associate Engineer $145
d.Senior Engineer $195
Following is Transtech's Foe Schedule for all Staff Oasslflcations:

TRAN$TECH ENGINEERS, INC.

SCHEDULE OF HOURLY RATES
Effective through June 30, 2022
.,_Itl__ . ..•, IIIMIKEEM Lit _.I`..::; ' FT.__.

F.elcTechnician S20 Late;a:bel iwAnaysi 5131 Aunt Technician Sas Engireaeirrg Technician 535 Finds GaxdinalD S147 'an Check Tacrnldan 1;60 _ AaaIatdn'CAD Drafter S11S Wily Coudinalo' 515. 3uIIdng Irs.e:tor $1 IC So:lier CAD Wier Si 3; Office Eigfnser 5135 Senior Inspector LI25 Associate DeLsgner S14: Ccrs1 uc of IrsnclDr S13E Mans ExrrninerIChesker $135 Sailor DesIgner St 5:• SanimCansilucilen inspect°• S145 °Ian Check Englneer Si 3D Desi7n ,�jeol Malager S185 Ccrslnrrsni tfararer SIRS Deputy BLildiip O i ial S'5D ;asintse1 Engneer S122 . Reticent Eric neer C,85 3nild n3 pine eI S'6D Staffessociats CY.I Englner S145 PUS._ -K_. I',"F E--17"•, f r Senior Civil Engineer 619! Ft blIc Works inSpecia' S 35 •bmm r I Dereft inent Techniden $00 Trafiiclnajnefeciric'r S11C Sonic(Public Worts hepoclor $'45 'IannIngTsdmiciai SB3 Associate Traffic Analyst 513C 51. en'sing Phi Irepegppr 910 Assistant Penner S120 SeniorTrafficArelyet S15C _1 ;`l :.fE1[1,3 As5oni3lePlaner S135 FrofeSs oral Trenapertalicn Ramer Ss 65 Surrey i'.nalyel 3135 Senior 3laniier 5165 Traffic EngineerTedinidan CM Senice8tneyAlalysi S115 :io'minsPAsrsaer 5155 AsNOC M Traffic Engireer 5`.45 2-hint Shaer Dui $514 I I i. R TPLF (:T r.

Trek Enginser S`& Survey&Liming Spedalst 5175 Aami ielratiteUaittl 3$5 Senior Traffic Engireer S'S5 Licensed Lard 6urva'cr $190 ProjectAceasniant gm FriaeEt Manager S'7
Senior Projact lianagcr S185 Funrspnslyst _ I'Ai• De{miy City F.ngireer 516E Senior FJnda ftratyst _ 31'n City l s liteer 8175 Cr fsc8 arderirg Ceagnar 312S Frindpsl Engines. _ S15:• liral'It Miler 3155 Fairs&GrantFloc.Manage- 3175
Tito•alas arc Incre s d Root year Jriy 1st suton•alicafy>ythe pernartsgea,arge Las Angeles-Lang E6a.t-A1a1BIT Cation-is Consumer Price Index-All Mai Coi nJne s CFI•U')for ihe precedrU twdve•m r iti per ad as:Elwated far Fetruary I:y the U.S.Department of Labor Eurear.o Labor Stet sfes aid published by he Urittd Was Wean of Lebo' Statistic.
,, # -• - :-:.: .

FOR PROFESSIONAL ENGINEERING PLAN CHECK AND STAFF AUGMENTATION

Page 611 of 673 ends

CITY OF UPLAND

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of September 27, 2021, 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 TRANSTECH Engineers, Inc., a California CORPORATION, with its principal place of business at 13367 Benson Avenue Chino, CA. 91710 (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:

Plan Checking and Staff Augmentation Services (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." b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $60,000 per year. 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.
c. Consultant will submit invoices monthly for actual services performed.

Page 612 of 673 ends

3. Additional Work.

4. Maintenance of Records.

5. Term.

7. Com;:liance 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. 2

Page 613 of 673 ends

•
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.

10. Inde _endent 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.

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 3

Page 614 of 673 ends

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. (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).
4

Page 615 of 673 ends

(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/Emplover'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.
(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 LiabiU,, 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 Polig) Limits Re:auired
(i) The following insurance limits are required for the Agreement:

Page 616 of 673 ends

(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 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.
6

Page 617 of 673 ends

(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.

12. Indemnification.
7

Page 618 of 673 ends

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 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 8

Page 619 of 673 ends

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.

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. O ganization
9

Page 620 of 673 ends

Consultant shall assign Ahmad Ansari, PE 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.

DISTRICT: CONSULTANT:

City of Upland Ahmad Ansari, PE
460 N. Euclid Avenue TRANSTECH Engineers, Inc.
13367 Benson Avenue
Upland, CA 91786 Chino, CA. 91710
Attn: City Manager
and shall be effective upon receipt thereof.

22. Third Part, Rinhts
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.

25. Severability
10

Page 621 of 673 ends

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

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

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

Page 622 of 673 ends

SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN CITY OF UPLAND

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

CITY OF UPLAND TRANSTECH Engineers, Inc.

By: '�
By:

Stephen Pa er 1491
Acting City Manager Its: Pres'den 1"
Printed Name: Allen Car
ATTEST.

By:

Keri J son
City Clerk
APPROVED AS TO FORM:

By: ' -v6TA).1-t
Stephen Deitsch
City Attorney
12

Page 623 of 673 ends

EXHIBIT A
Scope of Services

TASKS TO BE PERFORMED
A. CITY SURVEYOR
Review of tentative and final tract or parcel maps submitted by developers in compliance to conditions of approval. Consultant will act as CITY SURVEYOR and will be signatory to all approved maps.Review wit include review of closure calculations of all lots formed by land subdivisions, review of title reports, review and coordination of all easements and dedications to the City or utility companies;review of lot mergers,reversions,vacations, lot line adjustments, setting monuments for private and public improvements.

B. DEVELOPMENT PLANS REVIEW
Review engineering plans submitted by private engineering firms involving public and private improvement for land development projects. Plans,calculations and reports include street improvement plans,sewer improvement plans,water improvement plans,storm drain plans,mass grading plans, rough grading plans, precise grading plans, landscaping plans, irrigation plans,street light plans and miscellaneous public improvements including bridges, retaining walls,flood control channels. In addition,Consultant will also review erosion control plans,Water Quality Management Plans(WQMP)and Storm Water Pollution Prevention Plans(SWPPP)This scope includes review of geotechnical reports, hydrology and hydraulic calculations and other engineering documents in support of proposed improvements;review for conformance to standards,acceptable engineering practice and conformance to conditions of approval and all applicable local, state and federal laws:

C. TRAFFIC ENGINEERING PLANS
Review of traffic signal plans,signing and striping plans and supporting documents such as traffic impact analysis,traffic signal timing and coordination, traffic control plans,road closure plans and variety of traffic related plan review.

D. OTHER RELATED WORKS
As deemed fit and per sole discretion by the City, Consultant may be asked to perform other professional engineering and surveying tasks.

E. Consultant agrees to provide staff Augmentation, to perform the functions and activities for the City of Upland including the following:

1. Report to City Hall when called upon to provide on-site personnel within seven (7) days of notification. Meet and/or work with City staff, as needed;

Page 624 of 673 ends

EXHIBIT B
Schedule of Charges/Payments
Applicable Billing Rates are attached hereto
Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Consultant will inform City regarding any out-of-scope work being performed by Consultant. This is a time-and-materials contract.
14

Page 625 of 673 ends

FEE 1
Following are Fee Rates for 4 Staff Classifications listed in City's RFQ:
a. Permit Technician $85
b.Assistant Engineer $120
c.Associate Engineer $145
d. Senior Engineer $195
Following is Transtech's Fee Schedule for all Staff Classifications:

TRANSTECH ENGINEERS, INC.

SCHEDULE OF HOURLY RATES
Effective through June 30, 2022
ENGINEERING CONSTRUCTION BUILDING & SAFETY

Traffic Analyst Technician $110 Senior Public Works Inspector $145 Planning Technician $85 Associate Traffic Analyst $130 Supervising PW Inspector $150 Assistant Planner $120 Senior Traffic Analyst $150 SURVEY AND MAPPING Associate Planner $135 Professional Transportation Planner $165 Survey Analyst $135 Senior Planner $155 Traffic Engineer Technician $95 Senior Survey Analyst $145 Planning Manager $165 Associate Traffic Engineer $145 2-Man Survey Crew $310 ADMINISTRATIVE STAFF Traffic Engineer $165 Survey&Mapping Specialist $175 Administrative/Clerical $65 ,
Senior Traffic Engineer $185 Licensed Land Surveyor $190 Project Accountant $80 i
Project Manager $170 FUNDING & GRANT WRITING
Senior Project Manager $1.85 Funds Analyst $130
Deputy City Engineer $160 Senior Funds Analyst $140 City Engineer $175 Graphic&Rendering Designer $125 Principal Engineer $195 Grant Writer $155 Funds&Grant Project Manager $175
The rates are increased each year July 1st automatically by the percentage change Los Angeles-Long Beach-Anaheim California Consumer Price Index-All Urban Consumers("CPI-U")for the preceding twelve-month period as calculated for February by the U.S.Department of Labor Bureau of Labor Statistics and published by the United States Bureau of Labor Statistic.

FEE PROPOSAL `i- I-
Pajqe626of673

FOR PROFESSIONAL ENGINEERING PLAN CHECK AND STAFF AUGMENTATION

FEE 1
Following are Fee Rates for 4 Staff Classifications listed in City's RFQ:
a. Permit Technician $85
b. Assistant Engineer $120
c. Associate Engineer $145
d.Senior Engineer $195
Following is Transtech's Fee Schedule for all Staff Classifications:

TRANSTECH ENGINEERS, INC.

SCHEDULE OF HOURLY RATES
Effective through June 30, 2022
ENGINEERING CONSTRUCTION BUILDING & SAFETY

MANAGEMENT
Field Technician $80 Labor Compliance Analyst $135 Permit Technician $85 Engineering Technician $95 Funds Coordinator $140 Plan Check Technician $90 Assistant CAD Drafter $115 Utility Coordinator $150 Building Inspector $110 Senior CAD Drafter $135 Office Engineer $135 Senior Inspector $125 Associate Designer $140 Construction Inspector $135 Plans Examiner/Checker $135 Senior Designer $150 Senior Construction Inspector $145 Plan Check Engineer $150 Design Project Manager $185 Construction Manager $185 Deputy Building Official $150 Assistant Engineer $120 Resident Engineer $185 Building Official $160 Staff/Associate Civil Engineer $145 PUBLIC WORKS INSPECTION PLANNING Senior Civil Engineer $195 Public Works Inspector $135 Community Development Technician Q80 Traffic Analyst Technician $110 Senior Public Works Inspector $145 Planning Technician $85 Associate Traffic Analyst $130 Supervising PW Inspeclor $150 Assistant Planner $120 Senior Traffic Analyst $150 SURVEY AND MAPPING Associate Planner $135 Professional Transportation Planner $165 Survey Analyst $135 Senior Planner $155 Traffic Engineer Technician $95 Senior Survey Analyst $145 Plannina Manager $165 Associate Traffic Engineer $145 2-Man Survey Crew $310 ADMINISTRATIVE STAFF Traffic Engineer $165 Survey&Mapping Specialist $175 Administrative/Clerical $65 Senior Traffic Engineer $185 Licensed Land Surveyor $190 Project Accountant $80 Project Manager $170 FUNDING & GRANT WRITING
Senior Project Manager $185 Funds Analyst $130
Deputy City Engineer $160 Senior Funds Analyst $140 City Engineer $175 Graphic&Rendering Designer $125 Principal Engineer $195 Grant Writer $155 Funds&Grant Project Manager $175
The rates are increased each year July 1st automatically by the percentage change Los Angeles-Long Beach-Anaheim California Consumer Price Index-All Urban Consumers("CPI-U")for the preceding twelve-month period as calculated for February by the U.S.Department of Labor Bureau of Labor Statistics and published by the United States Bureau of Labor Statistic.

I--
FEE PROPOSAL r100,-;
FOR PROFESSIONAL ENGINEERING PLAN CHECK AND STAFF AUGMENTATfagle 6271114 ah

X NO

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. 05/13/2026
Date Signature of authoriz d individual
Transtech Engineers, Inc.

Company/Applicant Name
(Levine Act definitions on reverse side)

Page 628 of 673 ends

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.

Page 629 of 673 ends

4c,°v °p`qt CITFUP LAND
o "The City of Gracious Living"
- -
DATE: June 22,2026
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:ROBERT D.DALQUEST,DEVELOPMENT SERVICES DIRECTOR

JAMIE DAVIDSON,MANAGEMENT ANALYST II
SUBJECT: CONSIDER APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH WILLDAN

ENGINEERING
RECOMMENDED ACTION:

It is recommended that the City Council approve a Professional Services Agreement with Willdan Engineering for Building Division staff augmentation in an amount not to exceed $112,000 for a term ending March 31, 2027; and authorize the City Manager to execute the Agreement.

GOAL STATEMENT
The proposed action supports the City's goals of providing responsive leadership through exceptional customer service, maintaining an efficient development review process, and ensuring public safety through timely permit processing and Building Division support services.

BACKGROUND
Since 2011,the Development Services Department has utilized professional consulting services to improve customer service, streamline permitting, and maintain staffing flexibility in response to fluctuating development activity. This approach was endorsed by the 2014 Blue Ribbon Committee and has allowed the Building and Safety Division to efficiently manage workloads while maintaining service levels.

Historically,the Department has accompanied its budgeted,full-time Development Services Technician position with either full-time or part-time consultant support. This staffing model provides flexibility to respond to fluctuations in development activity, maintain public counter coverage, and ensure continuity of operations during employee absences,training,and workload surges.

Most recently, Willdan Engineering has provided part-time Counter Permit Technician services and supplemental Building Division support.The current agreement expires on June 30,2026.

ISSUES AND ANALYSIS
The proposed agreement establishes a nine-month contract with a not-to-exceed amount of$112,000, consisting of approximately$102,000 for part-time Permit Technician services,which is a$30,000 cost savings versus a full-time budgeted position, and an additional $10,000 for Building Inspector coverage. The consultant position supplements the City's existing full-time Development Services Technician and provides flexibility to maintain service levels in response to fluctuating permit activity,employee absences,training needs,and other operational demands.

The current consultant possesses extensive knowledge of the City's permitting software,procedures,and development review processes, minimizing training requirements and ensuring continuity of service. Maintaining part-time consultant support also reduces operational risk by preventing reliance on a single employee to perform critical permit processing and public counter functions. Approval of the agreement will maintain existing service levels, preserve operational flexibility,and ensure uninterrupted permit processing and customer service for the residents,businesses, contractors,and developers served by the Building and Safety Division.

Additionally,the agreement may be terminated by the City with ten(10)days'written notice.

Page 630 of 673 ends

However,the scope of work associated with this contract falls within duties performed by classifications represented by the AFSCME,Local 20 bargaining unit and is therefore subject to the requirements of AB 339. On June 8,2026, the City provided notice to AFSCME, Local 20 regarding the proposed contract and requested consideration of waiving the statutory 45-day notice period to avoid an interruption in services currently being provided under the existing contract.

Following discussions between City and AFSCME,Local 20 representatives,AFSCME,Local 20 agreed to waive the remainder of the 45-day notice period and support continuation of the contracted services while the City completes the necessary steps to establish and fill permanent City employee positions to perform these functions. Staff anticipate that the recruitment and hiring process will be completed within approximately six months,at which time the services are expected to transition from the contractor to City staff. In a show of good faith regarding the transition to a full- time employee,the City agreed to reduce the agreement length with Willdan to nine months.

ENVIRONMENTAL DETERMINATION
The proposed action is not a project subject to the California Environmental Quality Act(CEQA)pursuant to Section 15378 of the CEQA Guidelines because it constitutes an administrative activity that will not result in a direct or indirect physical change in the environment.

FISCAL IMPACTS
The total cost of the agreement is an amount not to exceed$112,000.There are available funds in the adopted biennial Fiscal Year 2026-27—2027-28 budget in Building&Safety Professional Services Account No. 1012201-5252.

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

Page 631 of 673 ends

CITY OF UPLAND

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of June 22, 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 Willdan Engineering, a California Corporation with its principal place of business at 2401 E. Katella Avenue Suite 300, Anaheim, CA 92806 (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:

Building and Safety services; on-site Counter Permit Technician coverage and Building Inspection coverage as needed (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 will provide an ICC certified permit technician to the City on an as-needed basis. Duties may include, but are not limited to:
• Process and issue building permits utilizing EPL software • Customer support at the counter and over the phone • Permit application review to ensure completeness and accuracy • Fee calculation
• Utilizes EPL software for permit and plan check tracking • Building permit processing and issuance
• Public assistance in completing permit applications • Verification that projects have obtained all necessary approvals prior to permit issuance
• Applicant notification when construction documents and/or permits are ready for pick- up or issuance
• Coordination and routing of construction documents to the appropriate City staff for plan review and approval
• Resolution of resident inquires and complaints
• Records maintenance, document preparation for storage and or imaging

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 "A." 1

Page 632 of 673 ends

b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of$112,000. 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 thirty (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.
c. The City Manager may approve Additional Work, as further defined in Section 3, up to ten percent (10%) of the amount of the Agreement or fifty thousand dollars ($50,000.00). Any additional work in excess of this amount shall be approved by the City Council.

3. Additional Work.

4. Maintenance of Records.

5. Term.

The term of this Agreement shall be from July 1, 2026 to March 31, 2027, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement for two (2), one-year additional terms. 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"). The Notice to Proceed shall set forth the date of commencement of work.

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. 2

Page 633 of 673 ends

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.

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.

Page 634 of 673 ends

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. (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. 4

Page 635 of 673 ends

(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.
(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 $2,000,000 per occurrence/$4,000,000 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 5

Page 636 of 673 ends

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 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.

Page 637 of 673 ends

(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:Vlll and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
i. 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.

12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend, 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 ("Claims"), 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. Notwithstanding the foregoing, Consultant's obligation to indemnify shall not extend to Claims that arise out of the active or sole negligence or misconduct of the indemnified parties. 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.
7

Page 638 of 673 ends

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 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 one thousand dollars ($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 8

Page 639 of 673 ends

from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.

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 Patrick Johnson 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.

CITY: CONSULTANT:
9

Page 640 of 673 ends

City of Upland Willdan Engineering
460 N. Euclid Avenue 2401 E. Katella Avenue, Suite 300 Upland, CA 91786 Anaheim, CA 92806
Attn: Robert D. Dalquest, Attn: Patrick Johnson,
Development Services Director Vice President
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.

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
Time is of the essence for each and every provision of this Agreement. 10

Page 641 of 673 ends

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

Page 642 of 673 ends

SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN

CITY OF UPLAND
AND

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

CITY OF UPLAND WILLDAN ENGINEERING
By: By: Patrick Johnson
Michael Blay
City Manager Its: Vice President
ATTESTED BY:

By: Darren Raskin
Keri Johnson, CMC Its: Deputy Director
City Clerk
(Two signatures required for corporations pursuant to California Corporations Code Section 313, unless corporate documents authorize only one person to sign this Agreement on behalf of the corporation.)
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney
12

Page 643 of 673 ends

EXHIBIT A
Schedule of Charges/Payments
Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Consultant will inform City regarding any out-of-scope work being performed by Consultant. This is a time-and-materials contract.
13

Page 644 of 673 ends

W' ILLDAN
CITY of UPLAND - Revised Fee Schedule
SERVICE PROVIDED HOURLY RATES

BUILDING&SAFETY SERVICES
Building Official $155
Plan Check Engineer/Architect $145
ICC Certified Plans Examiner I$135
CASp Plan Review/Inspection $135
Building Inspector $105
Senior Building Inspector $115
Fire Plan Review $135
Fire Inspector $1 B5
Permit Technician $ 75
Senior Permit Technician I$ 85

PLANNING SERVICES
CDBG Technician $100
CDBG Specialist $118
CDBG Analyst $136
Sr. CDBG Analyst I $145
CDBG Coordinator l$161
CDBG Manager $194
Housing Specialist $143
Housing Program Coordinator $161
Planning Technician $119
Assistant Planner $153
Associate Planner $167
Senior Planner $193
Principal Planner $202
Planning Manager $215
Deputy Director $264
Director $280
14

Page 645 of 673 ends

f,4 of Upt9
0 7-r- ,,-i.-;d CALIFORNIA LEVINE ACT DISCLOSURE STATEMENT n1tlFo-08
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 contribufion(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.

X NO

June 12, 2026 ---
Date Signature of authorized individual
Willdan Engineering
Company/Applicant Name
(Levine Act definitions on reverse side)

Page 646 of 673 ends

4c,°v °p`qt CITFUP LAND
o "The City of Gracious Living"
- -
DATE: June 22,2026
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:ROBERT D.DALQUEST,DEVELOPMENT SERVICES DIRECTOR

JAMIE DAVIDSON,MANAGEMENT ANALYST II
SUBJECT: CONSIDER APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH CIR,INC RECOMMENDED ACTION:

It is recommended that the City Council approve a Professional Services Agreement with CIR,Inc. for Building and Safety Division staff augmentation services in an amount not to exceed$205,000 for a term ending March 31,2027; and authorize the City Manager to execute the Agreement.

GOAL STATEMENT
The proposed action supports the City's goals of providing responsive leadership through exceptional customer service, maintaining an efficient development review process, and ensuring public safety through timely and professional building plan review and inspection services.

Most recently, the City utilized Interwest Consulting Group, Inc. to provide Plan Check Engineer services and supplemental Building Division support.The current contract expires on June 30,2026,and has a not to exceed amount of$223,080.

To ensure continued service,staff solicited informal quotes from qualified firms capable of providing plan review and related Building Division support services. Responses were received from CIR, Inc., Interwest Consulting Group, Inc.,and Willdan Engineering.

ISSUES AND ANALYSIS
The Building and Safety Division relies on consultant plan review services to maintain permit processing timelines and provide specialized technical expertise and structural engineering review. Plan review requires extensive knowledge of building, fire,mechanical,electrical,plumbing,accessibility, and energy codes. The City also benefits from utilizing a licensed Professional Engineer capable of performing structural plan reviews,which would otherwise require separate consultant services.

Following evaluation of the proposals received, CIR, Inc. was identified as the most cost-effective option while continuing to provide highly qualified professional services.

Vendor Comparison:

Vendor Proposed Hourly Rate Proposed Annual Cost CIR,Inc. $130/hr. $195,000
Interwest Consulting Group,Inc. $140.94/hr. $253,692 Willdan Engineering $145/hr. $261,000

Page 647 of 673 ends

The proposed agreement establishes a nine-month contract with a not-to-exceed amount of$205,000, consisting of $195,000 for on-site Plan Check Engineer services and $10,000 for as-needed Building Inspector coverage. The agreement provides continuity of operations while allowing the City to evaluate long-term staffing needs, make necessary modifications to the position,and explore recruitment of a permanent Plans Check Engineer.

Staff is considering an upgrade with Human Resources Division to upgrade the Plans Examiner position to Plan Check Engineer which would require certification as a civil engineer or licensed architect to continue complex structural reviews in-house rather than having to outsource. The proposed agreement ensures access to this expertise while providing flexibility to adjust staffing levels as operational needs evolve. Additionally, the agreement may be terminated by the City with 10 days'written notice.

Compared to the prior year's consultant services contract,the proposed agreement results in a cost savings of$18,080 while also expanding available services to include Building Inspector coverage when needed. Approval of the agreement will help prevent permit processing delays, maintain customer service levels, and support the City's commitment to efficient development review.

The scope of work associated with this contract falls within duties performed by classifications represented by the AFSCME,Local 20 bargaining unit and is therefore subject to the requirements of AB 339.On June 8,2026,the City provided notice to AFSCME, Local 20 regarding the proposed contract and requested consideration of waiving the statutory 45-day notice period to avoid an interruption in services currently being provided under the existing contract.

Following discussions between City and AFSCME,Local 20 representatives,AFSCME,Local 20 agreed to waive the remainder of the 45-day notice period and support continuation of the contracted services while the City completes the necessary steps to establish and fill permanent City employee positions to perform these functions. City staff anticipates that the recruitment and hiring process will be completed within approximately six months,at which time the services are expected to transition from the contractor to City staff. In a show of good faith regarding the transition to a full-time employee,the City agreed to reduce the agreement length with CIR,Inc.to nine months.

FISCAL IMPACTS
The total cost of the agreement is not to exceed $205,000. There are available funds in the adopted biennial Fiscal Year 2026-27—2027-28 budget in Building&Safety Professional Services Account 1012201-5252.

Additionally, the Plans Examiner position will remain budgeted, providing the City with flexibility to pursue recruitment efforts.

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

Page 648 of 673 ends

CITY OF UPLAND

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of June 22, 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 CIR, Inc., a California Corporation with its principal place of business at 300 Spectrum Center Drive, Suite 400, Irvine, CA, 92618 (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:

On-site Building and Safety services for Plan Review Engineer and as needed may utilize other Building and Safety position coverage such as Permit Technician and Building Inspector (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 within the Proposal 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 "A." b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $205,000. 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 thirty (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.
c. The City Manager may approve Additional Work, as further defined in Section 3, up to ten percent (10%) of the amount of the Agreement or fifty thousand dollars ($50,000.00). Any additional work in excess of this amount shall be approved by the City Council. 1

Page 649 of 673 ends

3. Additional Work.

4. Maintenance of Records.

5. Term.

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.
2

Page 650 of 673 ends

8. Standard of Care.

9. Assignment and Subconsultant.

10. Independent Contractor.

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. 3

Page 651 of 673 ends

(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. (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.
4

Page 652 of 673 ends

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.
(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:

Page 653 of 673 ends

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 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.

Page 654 of 673 ends

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:VIII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance 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.

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 7

Page 655 of 673 ends

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 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 one thousand dollars ($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.
8

Page 656 of 673 ends

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.

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.

19. Organization
Consultant shall assign Ian Nicholas 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.
9

Page 657 of 673 ends

CITY: CONSULTANT:

City of Upland CIR, Inc.
460 N. Euclid Avenue 300 Spectrum Center Drive, Suite 400 Upland, CA 91786 Irvine, CA 92618
Attn: Robert D. Dalquest Attn: Ian Nicholas, President Development Services Director
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.

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

Page 658 of 673 ends

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
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

Page 659 of 673 ends

SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN

CITY OF UPLAND
AND
CIR, INC.

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

CITY OF UPLAND CIR, Inc.

By: By: Ian Nicholas
Michael Blay
City Manager Its: President
Printed Name:

ATTESTED BY:

By: Ian Nicholas
Keri Johnson, CMC Its: Secretary
City Clerk
Printed Name:
(Two signatures required for corporations pursuant to California Corporations Code Section 313, unless corporate documents authorize only one person to sign this Agreement on behalf of the corporation.)
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney
12

Page 660 of 673 ends

EXHIBIT A
Proposal: Scope of Services and
Schedule of Charges/Payments
Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Consultant will inform City regarding any out-of-scope work being performed by Consultant. This is a time-and-materials contract.
13

Page 661 of 673 ends

300 Spectrum Center Drive
IERn
Suite 400
Irvine,CA 92618
C. inicholasncirgrp.com
Phone: (949)456-0301

PROPOSAL TO PROVIDE ON-SITE BUILDING SERVICES

CITY OF UPLAND

COMPANY PROFILE AND QUALIFICATIONS
CIR,Inc.was founded to offer a high level of service at competitive rates that reflect today's economic climate.CIR is a highly qualified Building&Safety,Engineering and Consulting Firm that desires to provide Building Services to the City of Upland. Our staff is highly trained and extremely conscientious when it comes to conducting the CIR mission of providing unsurpassed customer service. CIR is working hard to fulfill this mission as well as play a part in helping make municipal government more efficient.

CIR feels that we have the customer service skills and the necessary technical skills to enhance the services within the City of Upland.

CIR, a California Corporation, specializes in providing Building and Safety,Engineering, and Plan Review services to city and county municipalities.Our Project Team brings many years of valuable related experience,and an expertise in administration and management of Building and Safety services for municipal clients.

SCOPE OF SERVICES
This proposal is limited to CIR's Plan Review Services offered to the City of Upland Building and Safety Department with consideration of the following Professional Services:
o Plan review of residential,commercial and industrial buildings and structures will be performed for compliance with the recently adopted 2025 version of the California Building Code,California Residential Code,California Mechanical Code, California Plumbing Code, California Electrical Code,the City of Upland Municipal Code the Accessibility,Noise and Energy Conservation requirements as mandated by State Title 24 and all applicable Ordinances. o CIR's plan check engineers and plans examiners will prepare typewritten plan review checklist comments outlining the results of code compliance with the documents reviewed.The plan check comments will refer to appropriate sheets,details or calculations pages and the code section of concern.Where possible,comments shall specify the apparent code violation. o Plan checkers will be available during work hours to discuss and clarify plan check issues with designers, owners, and contractors. Resolution of code issues may be by telephone, or meetings prior to resubmitting corrected plans and documents.
14

Page 662 of 673 ends

o Plan reviews,when not immediately approved,will result in a Plan Review Checklist of comments referring to specific details and drawings,and referencing applicable code sections. CIR will provide a clear,concise,and thorough document (i.e.,comment list)from which clients,designers,contractors,and owners can work.Plan Review Checklist Comment are delivered to our clients and other designated recipients(e.g.,designers,contractors,owners)via online access to the City's Electronic Permit Tracking System(EnerGov).
o With some reasonable limitations,pre-construction and pre-design meetings associated with projects that we plan review are considered part of the plan review service.
o Code interpretations are subject to final review and approval by the Building Official.CIR's engineers and plan examiners will provide unbiased recommendations and background information to help the Building Official make an informed decision.All plan review comments are subject to review and approval by the City of Upland Building Department.

FEE STRUCTURE FOR ON-SITE PLAN CHECK
o CIR understands this proposal is exclusive to on-site plan review and,when requested by the City of Upland,inspection, and counter staffing services.

FEE STRUCTURE PERSONNEL/HOURLY RATE FOR ON-SITE PLAN REVIEW CLASSIFICATION HOURLY BILLING RATE
Plan Review Engineer $130.00
Plans Examiner $110.00

FEE STRUCTURE FOR BUILDING DEPARTMENT STAFFING
CLASSIFICATION HOURLY BILLING RATE
Building Official $140.00
Building Inspector $95.00
Permit Tech $65.00
The rates displayed in the fee schedule reflect CIR, Inc's current fees.Hourly rates are typically reviewed annually and may be subject to revision unless under specific contract obligations. On each anniversary of the contract start date,CIR,Inc.may initiate a rate increase based on change in CPI-W for the applicable region. o Overtime will be billed at 1.5 times service rate with prior City approval. o The standard workweek will be a minimum 30 hours per week,Monday through Thursday with any deviation approved in writing by the Building Official.
o Supplies,workspace,reference materials,computers, and city email will be provided by the City of Upland while tools associated with any inspection duties will be provided by the contractor. 15

Page 663 of 673 ends

o Mileage costs are in addition to the proposed rate above. o Contractor shall be responsible in addition to the provisions of the agreement to provide:
• All employee benefits and withholdings
• Vehicles and Insurance
• Cell phone(if needed)
In closing,CIR would like to thank you for the opportunity to serve you and the City of Upland.CIR is extremely excited about the opportunity to be working in your thriving and growing City and helping add to your continued success. 16

Page 664 of 673 ends

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.

June 15, 2026
Date Signature of authorized individual
CIR,Inc / Ian Nicholas
Company/Applicant Name
(Levine Act definitions on reverse side)

Page 665 of 673 ends

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.

Page 666 of 673 ends

G'ti.4°F °p`qt CI TFUPLAND
.", 1` "The City of Gracious Living"
''' 5 oid.

DATE: June 22,2026
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:THOMAS RICE,CITY ATTORNEY

STEPHEN PARKER,ASSISTANT CITY MANAGER
SUBJECT: CONSIDER APPROVAL OF SIXTH AMENDMENT TO THE CITY MANAGER

EMPLOYMENT AGREEMENT
RECOMMENDED ACTION:

It is recommended that the City Council approve the Sixth Amendment to the City of Upland City Manager Employment Agreement with Michael Blay,providing him with a 3%COLA,consistent with City Council-approved amendments to the Executive Management Compensation and Benefit Plan.

GOAL STATEMENT
The proposed action supports the City's goal of ensuring stability and consistency in City management.

BACKGROUND
In October 2021,the Upland City Council approved an Employment Agreement with Michael Blay to serve as City Manager("Employment Agreement"). The City Manager's first date of employment was November 9, 2021. The Employment Agreement was subsequently amended five times, on June 12, 2023, January 22, 2024, July 24, 2024, October 28,2024,and June 23,2025.

ISSUES AND ANALYSIS
On May 26,2026,the City Council approved an amendment to the Executive Management Compensation and Benefit Plan("Plan") making the following changes: (1)Article 3 of the Plan was amended to provide all employees in the unit,with the exception of the Police Chief, a three percent(3%) COLA increase in base salary; and(2)Article 5 of the Plan was amended to provide all employees an additional monthly $100 toward the cafeteria plan allowances (bringing the total to$2,000)effective January 2027. While the City Manager is included in Appendix A of the Plan, any increases to his compensation must be approved with an amendment to his Employment Agreement.

The proposed Sixth Amendment to the Employment Agreement would increase the City Manager's salary by$8,792, beginning with the pay period commencing June 21, 2026. This increase is not subject to the Public Employment Retirement System benefit calculation based on salary following any future retirement of the City Manager,as the 2% at 62 formula the City Manager is a member of currently has a cap of$191,679 for 2026.

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

FISCAL IMPACTS
With this action, the total annual compensation paid for the City Manager will increase by $10,615, with $6,369 attributed to the General Fund. There is no fiscal impact with this amendment, as the City's FY 26/27 operating budget included an assumed 3%COLA and a cafeteria plan allowance increase of$100 per month.

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

Page 667 of 673 ends

SIXTH AMENDMENT TO THE CITY OF UPLAND CITY

MANAGER EMPLOYMENT AGREEMENT
(MICHAEL SLAY)
This Sixth Amendment to the City Manager Employment Agreement ("Sixth Amendment") between the City of Upland ("City") and Michael Blay ("Employee") is entered into this 22nd day of June, 2026.

RECITALS
WHEREAS, City entered into an original City Manager Employment Agreement with Employee on October 25, 2021 ("Agreement"),and subsequently amended the Agreement on June 12, 2023, January 22, 2024, July 22, 2024, October 28, 2024, and June 23, 2025; and WHEREAS,City and Employee now desire to further amend the Agreement,as previously amended,to increase City's contribution to Employee's salary and to increase the cafeteria benefits allowance.

AGREEMENT
NOW, THEREFORE, the above named parties hereby mutually agree and promise as follows:

1. Section 3.A. of the Original Agreement, most recently amended by the Fifth Amendment to the Employment Agreement, is hereby amended to read as follows:
"Base Salary: City agrees to pay City Manager an annual base salary, of Three Hundred and One Thousand Eight Hundred Forty-Three Dollars and Seventy-Four Cents ($301,843.74), payable in installment at the same time that other management employees of Employer are paid."

2. The increase set forth in Section 1 above shall become effective beginning with the pay period commencing June 21, 2026.

3. Except as amended by this Sixth Amendment, all other terms and provisions of the Agreement, as previously amended, shall remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE]

Page 668 of 673 ends

SIGNATURE PAGE TO

SIXTH AMENDMENT TO THE CITY OF UPLAND

CITY MANAGER EMPLOYMENT AGREEMENT
(MICHAEL BLAY)
The City and Employee have duly executed this Sixth Amendment as of the date first written above.

CITY OF UPLAND EMPLOYEE
By: By:

Mayor Bill Velto Michael Blay
2

Page 669 of 673 ends

TOM THOMAS MAGNOLIA PLAZA LOCATED ON SECOND AVENUE IN DOWNTOWN UPLAND
RECOMMENDED ACTION:

It is recommended that the City Council approve the Dedication Plaque and text within the Tom Thomas Magnolia Plaza located on the southerly support column of the Plaza's gateway on Second Avenue in Downtown Upland.

GOAL STATEMENT
The proposed action supports the City's goal of following an established policy in the dedication of public facilities after individuals or organizations who have made substantial contributions to enhance the quality of life in the City of Upland.

BACKGROUND
The Tom Thomas Magnolia Plaza Project (the "Plaza Project") converts a 0.69-acre vacant lot, located between Second Avenue and Third Avenue, along the Pacific Electric Trail into a central urban plaza to improve the public realm in Downtown. The Plaza Project will be a central gathering place and accommodate small Downtown community events and activities,as well as a trailhead for users of the Pacific Electric Trail.

On April 25, 2022,the City Council adopted a resolution approving the commemorative naming of the Plaza as the Tom Thomas Magnolia Plaza and the band stage as the Roman "Roach" Foronda Band Stage. This was done in accordance with Resolution 6105,which was adopted in 2012 by the City Council to provide a consistent policy and process governing the naming or dedication of public facilities and parks, and the placement of memorial objects in these public facilities.

ISSUES AND ANALYSIS
Staff is seeking City Council approval on the proposed Dedication Plaque and text for the Tom Thomas Magnolia Plaza.The Dedication Plaque memorializes the City Council's dedication of the Plaza in the memory of Tom Thomas.

Resolution 6105 provide a section regarding"plaques,markers and memorials"requested to be in a City facility,park or on City Premises. The Dedication Plaque and text are required to be approved by the City Council.

Attached as Exhibit A is an AI generated simulation of the Dedication Plaque and proposed text that Staff has prepared for the City Council's consideration. The plaque will be bronze and is 18-inches wide by 24-inches tall and includes raised lettering.The Dedication Plaque will be placed on the southerly support column of the Plaza's gateway located on Second Avenue,just north of the Pacific Electric Trail(See Exhibit B).

The Dedication Plaque is the last remaining item on the approved plans for the contractor to procure and install. The following guidelines apply to the Dedication Plaque under Resolution 6105:
• Must be in accordance with City Standards. The location, size and writing on plaques require approval by the designated City staff.
• Designed to blend with and complement the existing Park or Facility. • Must be made of bronze or any other pre-approved material by the City of Upland. • Each plaque,marker or memorial request will be submitted to the Director prior to submission to the City for approval.

Page 670 of 673 ends

The proposed location,design,materials and size of the Dedication Plaque comply with the guidelines in Resolution 6105 for plaques,markers and memorials. Staff recommends that the City Council review the Dedication Plaque and text and provide any suggested edits and approve the Dedication Plaque by minute action.

ENVIRONMENTAL DETERMINATION
Approval of the Dedication Plaque is not a project under the California Environmental Quality Act(CEQA)pursuant to Section 15378 of the CEQA Guidelines, which concerns the organizational or administrative activities 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. The cost of fabricating and installing the Dedication Plaque is part of the scope of work in the construction contract and budget approved by the City Council for the Tom Thomas Magnolia Plaza.

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

Page 671 of 673 ends

DEDICATION PLAQUE MOCK-UP
4 18 INCHES
A
[1 F^ ILAZA IS DEDICATED

TO THE MEMORY OF
(_ 1) . \:. THOMAS

BY THE

CITY OF UPLAND

MAYOR AND CITY COUNCIL
ON APRIL 25, 2022
rn

FOR HIS MANY YEARS OF SERVICE
TO THE UPLAND COMMUNITY.

TOM WAS A MEMBER ON THE UPLAND

CITY COUNCIL AND PLANNING COMMISSION,

A BOARD MEMBER ON NUMEROUS WATER

COMPANIES, AND SERVED IN A LEADERSHIP

ROLE ON MANY ORGANIZATIONS AND GROUPS

WHICH HAVE RESULTED IN A SIGNIFICANT
IMPACT ON THE CITY OF UPLAND.

Page 672 of 673 ends

r r. .. rwv-r-r-rr,--rwrww.rwY-r^ 1,

7. rrv-rrrrrwr..,r mr-ms-r`.-rv^
t. 'r 131Yt T
,1 rrut...gratR 8f^,AHLri.= 4.

I Et APPROVEDBvC114 MAGNGLIA PL.ZA �{ ..,, Li414X5PEAPX17ECP?RICR Tr ` . tialH.,4 ,r,.,.41..:'- ,, 40. i 1- .44141CADON \ 'ri w.
i 33 F 11 ::
�.. .� r UPI::ND.:AIFLfiW
i 4-... --'-...7-7 I k-j..4e:7,1r. & •-.! E _ sssof.R
_ TOM THOMAS -_
VArt* Lp MAGNOLIA PLAZA
>_4n.-:JE:AaTr-i{]R1EY$b1 l0A61`•srEgA5N"#F•pit' •. I Ey ,,,•� I F3 • ¢;r .wry. I ''' '''Li,. 7 �' • JJ'RL$.Wind,fRr 1a'iHAA}'E KII11y4„19 `=ER- I mo.+ `'~L: tit.f$Ti' ..xr;2':.A'Wo'Wow, I1 '1. :: f..F •GENO:
' :t�1H'Ti 1-.&tA7.A411 �L`,1-1t 49,4041.4444',i I - A... ' P CABTCCWCRETE IMO 444 'E -.._-._ 0 r. :2"L,A x 4'7NPECCEC?iLL15155I O ✓ N.ME Rx7m, .i..r E 4t 1141,4 - ThLEALE--0 d'ISER3 $._ UPLAND,CALIFORNIA 17.1 "
EST ENTRY COLUMN ,_.I
ass ..
r REFERENCE NUMBER:

Y
_..-- _ BRONZE DEDICATION PLAQUE. f .3- � f 1 La Tr
�_ ,-- ' --- `---- 7 NEED DIRECTION, NAMES, _. .�.— I -* LANGUAGE, GRAPHICS FROM
,Y� CITY. I

WHAT DOES THE CITY WANT
•^ _ HERE?
: ter '�l
- 1 ClmW:':txvxtnsEse'rED u;awtFEnxr,R�cE E ¢eE,E DIP .
� 01 10111 CaURAr i EIEBEff f i WHAT NAMES SHOULD BE REASI tip i A 1E (,. 55 f._ LISTED?
4 t3;Edr4 4T+4
r s E� uuur +sueiEawarxrsemrnirrarfl2o� if. ' ` :i I 1 RUM to EtEttRC.544-1lLPORMIsETS'AK'k1C8 �1 ��,r-y`..i ✓ F. l 1 I I a eou,as.r.u. Ma PPE Ex�� oa3Tv. 4-,Oa `� I ,. � DEDICATION MONTH I YEAR? 9NIHiEmmll
�. r ;.n:unuinnsrs:?504SaW,sr�t �uliR,wnssr�T I r--�, . I A FAlf3l aFtR4EE 3ER r'Tki I I I E/ ! sSI`R { / ANY OTHER LANGUAGE OR
GRAPHICS?
PRIMARY ENTRY FRONT ELEVATION FONT STYLE?
B
-,I s 41 y��0 WTUR.15
REFECIFN4FWARE.'
Oie tT
A.,-,;;.4 4
o ; ;-Vi CITY OF UPLAND ARCHITEPRA ` .. , TOM THOMAS MAGNOLIA PLAZA DES GN GROUP UkDSCAk ARCHITECTURE AND PLANNING if
GRAPHICS AND TEXT COORDINATION EXHIBIT 104/16/26 PLAQUES GRAPHICS AND TEXT I O' 17M« G • e 673 of 673
ogLI �C- L-2 SHEET 2 OF 3

Upland City CouncilJune 22, 2026

Upland City Council
June 22, 2026