Agenda packet — Redding City Council, October 2, 2023 (part 2 of 3)

PUBLIC WORKS PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS

THAT WHEREAS, the City Council of City of Redding, a Municipal corporation, as Owner, at its regular meeting held on , has awarded to as Principal, a contract to do and perform the following work to-wit:

as will more fully appear in said contract, the terms and conditions of said contract being fully incorporated herein by this reference.

WHEREAS, said Principal is required under terms of said contract to furnish a bond for the faithful performance of said contract;

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

THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors, administrators, successors or assigns, or sub contractors, shall in all things stand to and abide by, and w ell truly keep and perform the covenants, conditions, and agreements in the said contract and any alteration thereof as there provided, on his or their part, to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning and shall indemnify and save harmless the Owner, its officers, and agents as therein stipulated then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue.

As the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or the work to be performed thereunder or the specificat ions accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications.

If said Owner shall require any further or other bond for its protection in the premises, such further or other bond shall be furnished by the Principal with Surety or Sureties satisfactory to the Owner within ten days after notice of such requirement is given to the Principal, and in case of failure on the part of the Principal to comply with said requirement, the Owner shall have the right, at its option, to terminate said contract with said Principal.

IN WITNESS WHEREOF, we have hereto set our hands and seals on this day of , .

APPROVED AS TO FORM:

Principal
City Attorney By:

ATTEST: (Seal)

Pamela Mize, City Clerk Name of Surety
By: (Seal)
Attorney-In-Fact
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Attachment: Specifications and Special Provisions (4.11(d)--Award BN No. 5398 Council Chambers & City Hall Roof Replacement Project) 14 Bond No.:

PUBLIC WORKS MAINTENANCE BOND

KNOW ALL MEN BY THESE PRESENTS

THAT WE, the undersigned, as Principal, and
a corporation organized and existing under the laws of the State of California, and authorized to do business in the State of California, as Surety, are held and firmly bound unto the CITY OF REDDING, hereinafter called Obligee, in the sum of ( )
Dollars, lawful money of the United States of America, for the payment of which well and truly to be made, we do hereby jointly and severally bind ourselves, our heirs executors, administrators, successors , and assigns firmly by these presents.

WHEREAS, said Principal has heretofore entered into a contract with the Obligee above named for , and

WHEREAS, the work called for under said contract has been completed and accepted by said Obligee:

NOW, THEREFIREM THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal shall, for a period of one year(s) from and after the day of , , \indemnify the Obligee against any loss or damage directly arising by reason of any defect in the material or workmanship which may be discovered within the period aforesaid, then this obligation shall be void; otherwise the same shall remain in full force and effect.

IN WITNESS WHEREOF, we have hereto set our hands and seals on this day of , .

APPROVED AS TO FORM:

Principal
City Attorney By:

ATTEST: (Seal)

Pamela Mize, City Clerk Name of Surety
By: (Seal)
Attorney-In-Fact

Packet Pg. 413
Attachment: Specifications and Special Provisions (4.11(d)--Award BN No. 5398 Council Chambers & City Hall Roof Replacement Project) 15 SUPPLEMENTAL DISPOSAL SITE AGREEMENT

Contract B/S No.:

Job No.:

Chuck Aukland
City Engineer
777 Cypress Avenue
Redding, CA 96001

Dear Sir:

In accordance with Section 401 , Removal , of the Standard Specifications, the following agreement for usage of the disposal site for subject contract is submitted, as required prior to disposal of said materials.

WHEREAS, Contractor has entered into Contract B/S No. with the City of Redding, hereinafter called “City,” for the performance of work on , and

WHEREAS, pursuant to the authority of said Contract, , Contractor, and , Owner have entered into an
agreement under which Contractor may dispose of materials on Owner’s Property.

NOW THEREFORE, pursuant to said Contract B/S No. Contractor and Owner hereby notify the City that disposal of materials by Contractor on Owner’s property located at will be done pursuant to agreement
between Contractor and Owner and not pursuant to the arrangement between the City and Owner, dated , and Owner specifically agrees that the City is hereby released from any and all obligations to Owner under the City’s said arrangement with Owner.

Date Owner

Date Contractor

By:

Authorized Agent

Title
c: City Engineer
Contractor
Property Owner
Resident Engineer
Packet Pg. 414
Attachment: Specifications and Special Provisions (4.11(d)--Award BN No. 5398 Council Chambers & City Hall Roof Replacement Project) 16 CONTRACT PROVISION REQUIRING PERSONAL CERTIFICATION OF ALL CLAIMS:

I, , being the
(must be an officer) of
(General Contractor), declare under penalty of perjury under the laws of the State of California, and do personally certify and attest that I have thoroughly reviewed the attached claim for additional compensation and/or extension of time, and know it’s contents, and said claim is made in good faith; the supporting data is truthful and accurate/that the amount requested accurately reflects the contract adjustment for which the Contractor believes the owner is liable; and, further, that I am familiar with C alifornia Penal Code Section 72, pertaining to false claims, and further know and understand that submission or certification of a false claim may lead to fines, imprisonment and/or other severe legal consequences.

Submission of a claim, properly certified, with all required supporting documentation and written rejection or denial of all or part of the claim by owner, is a condition precedent to any action, proceeding, litigation, suit, or demand for arbitration by Contractor.

Packet Pg. 415
Attachment: Specifications and Special Provisions (4.11(d)--Award BN No. 5398 Council Chambers & City Hall Roof Replacement Project) 17 SUBCONTRACTING REQUEST
Project:

Contractor Name & Address:

Subcontractors
(Name, Business, Address, Phone)
Bid Item
Number(s)
% of Bid Item
Subcontracted
Describe Work When Less
than 100% of Work is
Subcontracted
Dollar Amount Based on Bid
Amount

I certify that the Standard Specifications and Special Provisions for labor set forth in the contract apply to the subcontracted work.

Contractor Signature: Date:

This section is to be completed by the Resident Engineer

1. Total of Bid Items $

2. Specialty items previously approved (if applicable, see note in the instructions) $

3. Total (lines 1+2) $

4. Contractor must perform with own forces (lines 1 minus 2) x % $

5. Bid items subcontracted $

6. Balance of work Contractor to perform (line 1 minus 5) $ Approved:

Resident Engineer Date:

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Attachment: Specifications and Special Provisions (4.11(d)--Award BN No. 5398 Council Chambers & City Hall Roof Replacement Project) 18 INSTRUCTIONS FOR COMPLETING SUBCONTRACTING REQUEST FORM

All First-tier subcontractors shall be included on a subcontracting request.

Submit in accordance with Section 1 -6 of these Special Provisions. Type or print requested information. A copy is to be retained by the Contractor. Submit to project’s Resident Engineer.

After approval, the original will be returned to the Contractor.

When an entire item is subcontracted, the value to be shown is the Contractor’s bid price. When a portion of an item is subcontracted, describe the portion, and show the percent of bid item and value.

Packet Pg. 417
Attachment: Specifications and Special Provisions (4.11(d)--Award BN No. 5398 Council Chambers & City Hall Roof Replacement Project) 19 Return completed application to:

City of Redding, Public Works
Industrial Waste Division
P.O. Box 496071
Redding, CA 96049-6071
530-224-4319 Fax 530-224-6052

TEMPORARY WASTEWATER DISCHARGE APPLICATION
Submit at least two weeks prior to anticipated discharge to the Public Works Industrial Waste Division.

Type or print clearly, attach additional sheets if necessary.

Company Name:

Site Address:

Telephone:

Responsible Party: Mailing Address, City, State, Zip:

Telephone:

Contact Person:

Cell phone:

Mailing Address, City, State, Zip:

Email:

Telephone:

Fax:

Property Owner:

Mailing Address, City, State, Zip:

Telephone:

Emergency Contact Person:

Title: Telephone: After hour phone:

Correspondence to be sent to: ☐ Responsible Party ☐ Contact Person ☐ Property Owner ☐ Other:

Billing to be sent to: ☐ Responsible Party ☐ Contact Person ☐ Property Owner ☐ Other:

I have read this application and the attached material. The information provided is accurate and complete.

Signature:

Printed Name, Title Date
Nature of discharge: ☐ Groundwater well purge for sampling ☐ Excavation Water ☐ Tank Cleaning Water ☐ Other:____________________________________________________________________________ Type of Contamination: ☐ Petroleum products ☐ Sediment ☐ Chlorine ☐ Other:_______________________ Description of liquid treatment, storage, and disposal activity:

Discharge will be: ☐ Intermittent ☐ Continuous Flow rate: _________ gal/minute ☐ Estimated ☐ Measured Total Volume: __________ gal ☐ Estimated ☐ Measured Proposed Discharge Dates from: _________ to __________ Discharge location (submit site layout drawing(s), including discharge and sample points):

Pollutants and concentrations (submit analytical results):

Solid residue disposal method:

Notes:

A
C
B
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Attachment: Specifications and Special Provisions (4.11(d)--Award BN No. 5398 Council Chambers & City Hall Roof Replacement Project) 20 Site proposing temporary discharge must be connected to the City of Redding sanitary sewer.

Sewer Account No.: Billed to:

Other businesses on account:

List other environmental control permits held by this operation:

EPA ID Number:

Notes:

Office Use Only

Received by:

Permit Number:

Issue Date:

Expiration Date:

Manhole
Number:

WWTP:
☐ Stillwater
☐ Clear Creek
Permit Fee:
$500 billed by City
Industrial Waste at
the end of the
project.

Volume
Discharge:

Unit Cost: Volume Cost:
$6.59/CCF
(CCF = 748 gallons)
$8.81/1000 gallons
Prices valid through
12/31/23
Connection Fee: Total Cost:

Billed at the end
of the project
Notes: Volume cost is waived on water and sewer line projects managed by the City of Redding Public Works Department.

Supplemental Information Required:
☒ Plumbing Plans ☒ Site Plan ☒ Pretreatment Facilities ☐ Water Meter on Site ☐ City Meter Needed Analytical Reports Required: ☐ Petroleum Products ☐ Solids ☐ Chlorine Residual ☐ Other Notes:

Date Requested:

Date Received:

Approved by: Approval Date:

D
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Attachment: Specifications and Special Provisions (4.11(d)--Award BN No. 5398 Council Chambers & City Hall Roof Replacement Project) 21 REFERENCE DOCUMENTS

Standard Specifications for Public Works Construction

Standard Specifications for Public Works Construction (SSPWC) the “Greenbook,” 2021 Edition and current supplements as amended, prepared by the Southern California Chapter of American Public Works Association, and the Southern California District, Associated General Contractors of California, relates to the Work of this Project and is hereby made a part of this Contract as though fully contained herein.

The Contractor is hereby specifically directed, as a condition of the Contrac t, to obtain the necessary number of copies of Standard Specifications for Public Works Construction, to acquaint himself with the Articles contained therein, and to notify and apprise all subcontractors and any other parties to the Contract, or individuals or agencies engaged in the work, as to its contents.

No contractual adjustments shall be due or become critical as a result of failure on the part of the Contractor to fully acquaint himself with the conditions of Standard Specifications for Public Works Construction.

Copies of Standard Specifications for Public Works Construction commonly called the “Greenbook,” 2021 Edition and current supplements, may be obtained from Building News, Inc., 990 Park Center Drive Suite E, Vista, CA (888) 264-2665.

City of Redding Construction Standards

The documents hereinafter referred to as the “City Standards” shall be the current version posted on the City of Redding website:

https://www.cityofredding.org/departments/public-works/engineering/construction-standards

Other Reference Specifications

Where other reference specifications such as those of ASTM, AASHTO, etc., have been referred to, the applicable portion of such specifications shall become a part of these Contract Documents.

In case of conflict between the Standard Specifications and these special provisions, the special provisions shall take precedence over and be used in lieu of the conflicting portions.

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Attachment: Specifications and Special Provisions (4.11(d)--Award BN No. 5398 Council Chambers & City Hall Roof Replacement Project) 22 PROJECT INTRODUCTION AND SPECIAL REQUIREMENTS

SCOPE OF THE WORK

The work to be performed under this contract consists of the following:

Replace approximately 5,500 square feet of existing membrane roof with a new PVC membrane roofing system. The work includes but is not limited to the following: preparing the existing roof by removing the existing membrane roof and installing VersiFlex (or equal) PVC membrane roof system and continuing the PVC roof system vertically on the inside face of parapet walls.

TIME OF COMPLETION

Attention is directed to Sections 6 -1 and 6-3 of the General Provisions, “Construction Schedule and Commencement of Wo rk” and “Time of Completion.” In accordance with the provisions of these Subsections, the Contractor shall begin work within fifteen (15) days after the date of the Notice to Proceed thereafter diligently prosecute the same to completion within a period not to exceed twenty (20) working days. The contract time shall commence on the fifteenth day after the Notice to Proceed or on the date of commencement of the work, whichever occurs first.

MISCELLANEOUS REQUIREMENTS

Prebid Conference

A prebid conference is scheduled between staff and interested bidders at 9:00 a.m. on August 11, 2023, interested contractors shall meet in the lobby of City Hall. A field trip over/through the proposed site will be conducted following a short project discussion.

Preconstruction Conference

A meeting will be scheduled between staff and the successful bidder at a time and place determined by the Engineer to review the project plans, specifications, and any special requirements of the funding program.

Watering

Watering shall consist of developing a water supply and furnishing all water required for the work, including water used in the performance of work paid for as extra work, and applying all water.

Developing a water supply may include obtaining water for contract purposes from fire hydrant(s) located at or near the work site as determined by the City of Redding Water Division or from private sources provided by the Contractor at his expense. If he obtains water from a fire hydrant, the Contractor shall install a hydrant meter and control valve on the fire hydrant designated as the water source. The Contractor shall obtain the hydrant meter and control valve from the City of Redding Water Division.

The cost of the hydrant meter and control valve are as follows:

Packet Pg. 421
Attachment: Specifications and Special Provisions (4.11(d)--Award BN No. 5398 Council Chambers & City Hall Roof Replacement Project) 23 $25.00 (nonrefundable; payable when picked up)
$225.00 (refundable deposit for any nonpayment on account and/or repairs to hydrant meter and control valve; payable when picked up)
$255.65 (monthly charge for 3-inch hydrant meter and control valve; billed monthly)

The cost of water is $1.53/CCF.

In the event that a water truck or tank is filled directly from a fire hydrant, there shall be either an air gap or a backflow device acceptable to the City Water Division on the filler pipe.

Full compensation for developing a sufficient supply of water required for the work shall be considered as included in the prices paid for the various contract items of work involving the use of water and no separate payment will be made therefor.

Full compensation for applying water will be considered as included in the prices paid for the various contract items requiring water and no separate payment will be made therefor, except that applying water for work paid for extra work in accordance with Section 7-4, “Payment for Extra Work,” will be paid for as a part of said extra work.

Surface Mining and Reclamation Act

Attention is directed to the Surface Mining and Reclamation Act of 1975, commencing in Public Resources Code, Mining, and Geology, Section 2710, which establishes regulations pertinent to surface mining operations.

Material from mining operations furnished for this project shall only come from permitted sites in compliance with the Surface Mining and Reclamation Act of 1975 , and listed in the California Department of Conservation’s Office of Mine Reclamation 3098 list.

The requirements of this section shall apply to all materials furnished for the project, except that the Contractor, with the approval of the Engineer, may use in the proposed construction such stone gravel, sand, or other material suitable in the opinion of the Engineer as may be found in excavation. The Contractor will be paid for the excavation of those materials at the contract price for excavation, but the Contractor shall replace at the Contractor’s expense with other suitable material all of that portion of the material so removed and used which was contemplated for use in the work, except that the Contractor need not replace, at the Contractor’s expense, any material obtained from structure excavation used as structure backfill. No charge for materials so used will be made against the Contractor. The Contractor shall not excavate or remove any material from within the project location that is not within the excavation, as indicated by the slope and grade lines, without written authorization from the Engineer.

Contract Provision Requiring Personal Certification of all Claims

The Contractor’s attention is directed to the Contract Provision Requiring Personal Certification of all Claims found in the Agreement. The Contract Provision Requiring Personal Certification of all Claims shall be completed and included with any claim for additional compensation and/or extension of time.

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Attachment: Specifications and Special Provisions (4.11(d)--Award BN No. 5398 Council Chambers & City Hall Roof Replacement Project) 24 Construction Area Signs

Construction area signs shall be furnished, installed, maintained, and removed when no longer required in conformance with the plans and these special provisions. The Contractor shall be fully and completely responsible for the furnishing, installing, and maintaining all construction area signing. This requirement shall apply continuously and not be limited to working hours.

The Contractor shall notify the appropriate regional notification center for operators of subsurface installations at least 2 working days, but not more than 14 calendar days, prior to commencing excavation for construction area sign posts. The regional notification centers include, but are not limited to, the following:

Notification Center Telephone Number
Underground Service Alert-Northern California (USA) 811

Excavations required to install construction area signs shall be performed by hand methods without the use of power equipment, except that power equipment may be used if it is determined there are no utility facilities in the area of the proposed post holes.

Full compensation for “Construction Area Signs” shall be considered as included in the contract price paid for in the items involved and no separate payment will be made therefor.

Sound Control Requirements

The noise level from the Contractor’s operations, between the hours of 8:00 p.m. and 7:00 a.m., shall not exceed 86 dbA at a distance of 50 feet without the written approval of the Engineer. This requirement in no way relieves the Contract or from responsibility for complying with local ordinances regulating noise level.

Said noise level requirement shall apply to all equipment on the job or related to the job, including but not limited to trucks, transit mixers, or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel.

Full compensation for conforming to the requirements of this secti on shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor.

As-Built/Record Documents

The Contractor shall keep and maintain on the Project Site, one record set of the Contract Documents, which shall be updated weekly to reflect current as-built conditions of the Work as it progresses and document changes to the Work shown on the Project Plans.

Record Documents shall be produced by marking a full-size (22”x34”) copy of the Project Plans.

The Contractor’s as-built information shall be clear and legible, marked in red, and at a minimum identify the following: the exact horizontal and vertical location of all installations in their finis hed condition, including all underground work and components; all electrical, plumbing and mechanical installations; all changes in construction, materials and installed equipment; and buried or concealed construction and utility features that are revealed during the course of Packet Pg. 423
Attachment: Specifications and Special Provisions (4.11(d)--Award BN No. 5398 Council Chambers & City Hall Roof Replacement Project) 25 construction. Special attention shall be given to recording of all buried utilities that differ from locations indicated in the Contract Documents.

The updated drawings shall be available for review by the Engineer and Inspector. Failure to comply with the preparation and submission of as -builts may result in the Engineer withholding the current progress payment, or be subject to administrative deductions as per Section 7-3.2.

Where specified in the Special Provisions or Technical Specifications as a condition to certification of final completion, the Contractor shall provide the original Record Documents, together with a certification by the Contractor that the Record Documents are a true representation of the Work as actually constructed. Timely submission of complete Record Documents shall be a condition to certification of final completion and to final payment. Delays in the submission of complete Record Documents may subject the contractor to liquidated damages.

Full compensation for As-Built/Record Documents shall be considered as included in the contract price paid for the various items of work and no additional compensation will be allowed therefor.

Contract Item List

Water Pollution Control

Attention is directed to Section 3-12.6, “Water Pollution Control,” of the special provisions.

Parapet Cap and Flashing

Contractor shall remove all parapet cap and flashing including weather caulking and sealer, store in a safe place, and re install all parapet cap and flashing back to original location and reseal with City approved caulking to provide a waterproof application.

The contract lump sum price paid for “Parapet Cap and Flashing” shall include full compensation for furnishing all materials, labor, tools, equipment, and incidentals and for doing all the work involved in removing, removal of existing caulking sealer, storing, reinstalling, and sealing parapet cap and flashing, disposal of excess materials, complete in place, as shown on the plans , as specified in these special provisions, and as directed by the Engineer.

Fanfold Underlayment

Contractor shall place R -Tech Fanfold Underlayment or approved equal per manufacturer’s directions.

The contract price paid per square foot for “Fanfold Underlayment” shall include full compensation for furnishing all materials, labor, tools, equipment, and incidentals and for doing all the work involved in installing fanfold underlayment to manufacturer’s directions, furnishing all fasteners taking into account existing cricket height(s), disposal of excess materials, complete in place, as shown on the plans, as specified in these special provisions, and as directed by the Engineer.

Membrane Roof System

Contractor shall remove and dispose of existing membrane roofing and furnish and install Versico Roofing Systems Versiflex PVC Membrane 60 millimeter fully adhered roofing system or City approved equal. The installation of the new roofing materials shall be per the manufacturer’s Packet Pg. 424
Attachment: Specifications and Special Provisions (4.11(d)--Award BN No. 5398 Council Chambers & City Hall Roof Replacement Project) 26 installation instructions. The Contractor is to proceed with the work only when weather forecasts are favorable and meet the manufacturer’s recommended limitations for installation. The Contractor is responsible for protecting the building from rain and incl ement weather once work has begun and making repairs as a result of any rain damage. The contractor will need to remove and replace the existing standing seam metal roof to be able to install the new PVC membrane far enough up the pitch (approximately two-feet). The metal standing seam roof should be able to be unhooked from the cleat at the base and be reused. Some pieces may get damaged and will need to be replaced with matching color and style.

Contractor shall provide the City with a manufacturer’s 20- year warranty on all workmanship, labor, and materials to be free of any defects for the new membrane roof at the completion of the project.

The contract lump sum price paid for “Membrane Roof System” shall include full compensation for furnishing all mat erials, labor, tools, equipment, and incidentals and for doing all the work involved in removing of existing membrane roofing, disposal of excess materials, installing membrane roofing system , replacing any damaged pieces of existing standing seam roof, providing the City with a 20-year manufacturer warranty complete in place, as shown on the plans, as specified in these special provisions, and as directed by the Engineer.

Cricket

The Contractor shall construct Cricket(s) with rigid foam (or approved equal) to create positive drainage prior to applying roof system shown on the plans, as specified in these special provisions, and as directed by the Engineer.

Full compensation for all labor, materials, tools, equipment, and incidentals for doing the work involved in the construction of Cricket (s) complete in place shall be included in the prices paid for the other various contract items of work involved and no additional compensation will be allowed therefor.

Walkway Pad

Contractor shall install Versico Roofing Systems Walkway Pad or approved equal compatible pad with the membrane roof system per manufacturer’s directions on new roofing.

The contract price paid per linear foot for “Walkway Pad” shall include full compensation for furnishing all materials, labor, tools, equipment, and incidentals and for doing all the work involved in furnishing and installing walkway pad(s), disposal of excess materials, complete in place, as shown on the plans, as specified in these special provisions, and as directed by the Engineer.

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Attachment: Specifications and Special Provisions (4.11(d)--Award BN No. 5398 Council Chambers & City Hall Roof Replacement Project) 27 PART 1 GENERAL PROVISIONS

SECTION 1 GENERAL

1-1 General

The following terms are added:

“Wherever in these documents the words “City” or “Agency” appear, it shall be understood to refer to and indicate the City of Redding, a general law city, existing under and by virtue of the laws of the State of California.

Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the fir m or to an officer of the corporation for whom it is intended or if delivered at or sent by registered mail to the last business address known to him who gives the notice.”

1-2 Terms and Definitions

Definitions are amended or added as follows:

1. Bid Guaranty – The cash, cashier’s check, certified check, or bidder’s bond accompanying the Bid as a guaranty that the Bidder will enter into a contract with the Agency for the performance of the work.

2. Board, Council, and Agency – The officer or body constituting the awarding authority of the Agency.

3. City, Contractor, and Engineer - The City, Contractor, and Engineer are those as defined in the Standard Specifications. They are treated throughout the contract document as if each were of the singular number and masculine gender.

4. Date of Execution of the Contract – The date on which the Contract is signed by the Agency’s authorized representative.

5. Plans – The drawings, profiles, cross sections, working drawings and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions, or details of the Work. Plans may either be bound in the same book as the Specifications or bound in separate sets, and are part of the Contract Documents regardless of the method of binding.

6. Standard Specifications – Standard Specifications for Public Works Construction (SSPWC) the “Greenbook,” 2021 Edition and current supplements as amended, prepared by the Southern California Chapter American Public Works Association, and the Southern California Districts, Associated General Contractors of California.

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Attachment: Specifications and Special Provisions (4.11(d)--Award BN No. 5398 Council Chambers & City Hall Roof Replacement Project) 28 1-6 BIDDING AND SUBMISSION OF THE BID

1-6.1 General

Add the following paragraph:

“When an item of work is designated as (S) in the Bid or Proposal, the estimated quantity for that item of work shall be designated as a “Specialty Item.”

1-7 AWARD AND EXECUTION OF THE CONTRACT

1-7.1.1 Acceptance or Rejection of Proposals

The City reserves the right to reject any and all proposals. Without limiting the generality of the foregoing, any proposal which is incomplete, illegible, or irregular may be rejected; any proposal having erasures or corrections in the price sheet may be rejected; any proposal in which the unit price is omitted or in which the unit price is obviously unbalanced may be rejected; any proposal accompanied by an insufficient or irregular bid security may be rejected.

1-7.1.2 Forfeiture of Proposal Guaranty

If a bidder should, after being awarded the contract, fail to execute the contract and furnish the necessary bonds, certifications, and insurance in the manner and within the time provided in these specifications, the bid security shall be forfeited to the City as liquidated damages, and the award of the contract shall be annulled.

1-7.1.3 Return of Proposal Guaranties

All securities will be returned except that of the successful bidder and that of the next lowest bidders up to four (4), which the City will hold until the contract documents have been executed and the required contract bonds and insurance have been submitted by the successful bidders and accepted by the City or until bids are rejected.

1-7.1.4 Award of Contract

Any contract awarded will be to the lowest responsible bidder who submits a responsive bid. Any award will be made within 90 days after the opening of the proposals. The period of time specified above within which the award of contract may be made shall be subject to extension. All bidders who submitted a bid that was not rejected will be asked to extend their bids.

All bids will be compared on the basis of the Engineer’s estimate of the quantit ies of work to be done.

1.7.1.5 Execution of Contract

The contract in form and content satisfactory to the City shall be executed by the bidder to whom the contract is awarded and returned, together with all required bonds, policies, and certificates, within 10 days, (not including Sundays and legal holidays), after awar d of the contract. No proposals shall be considered binding on the City until the contract has been executed by all parties thereto.

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Attachment: Specifications and Special Provisions (4.11(d)--Award BN No. 5398 Council Chambers & City Hall Roof Replacement Project) 29 1-7.1.6 Early Start to Work

The Contractor may start job site activities before receiving notice of Contract approval under the following conditions;

1. Submit the contract, bonds, and insurance listed in 1-7.1.5, Execution of Contract.

2. Provide a letter to the City with at least 72-hour notice requesting an early start of work.

3. Request and obtain an encroachment permit from the City.

4. Receive written approval from the City Engineer to start work.

5. Perform work at your own risk.

6. If the Contract is approved, work already performed that complies with the Contract is authorized.

7. If the Contract is not approved, the Contractor shall leave the job site in a neat condition, restore the site or facility to its former condition or equal. The City will not pay for this work.

8. The City does not adjust working days for work performed before Contract approval.

9. Ground disturbing/job site activities are still subject to the requirements of the Water Pollution Control Plan or Storm Water Pollution Prevention Plan.

1-7.2 Contract Bonds

Delete this section in its entirety and add the following:

“Before execution of the Contract by the Agency, the Bidder shall file with the Agency surety bonds satisfactory to the Agency in the amounts and for the purposes noted below. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California shall be issued by a surety who is listed in the latest revision of the U.S.

Department of Treasury Circular 570, is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Contract. The Bidder shall pay all bond premiums, costs, and incidentals.

Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the surety shall be notarized.

The Bidder shall provide two good and sufficient surety bonds. The “Payment Bond” (Material and Labor Bond) shall be for not less than 100 percent of the contract price, to satisfy claims of material suppliers and of mechanics and laborers employed by it on the work. The bo nd shall be maintained by the Contractor in full force and effect until the Work is accepted by the Agency, and until all claims for materials and labor are paid, and shall otherwise comply with the Civil Code.

The “Performance Bond” shall be for 100 percent of the contract price to guarantee faithful performance of all work, within the time prescribed, in a manner satisfactory to the A gency, and that all materials and workmanship will be free from original or developed defects. In Packet Pg. 428
Attachment: Specifications and Special Provisions (4.11(d)--Award BN No. 5398 Council Chambers & City Hall Roof Replacement Project) 30 addition, the Performance Bond shall include a one-year Maintenance Bond which shall begin upon acceptance of the Work. The amount of the Maintenance Bond shall be for 50 percent of the final contract price. The Maintenance Bond shall be submitted on the form contained in these specifications or on a form which conforms to it prior to release of final payment (less retention) for the work.

Should any bond become insufficient, the Contractor shall renew the bond within ten (10) days after receiving notice from the Agency.

Should any Surety at any time be unsatisfactory to the Agency, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the Contract until a new Surety shall qualify and be accepted by the Agency.

Changes in the Work, or extensions of time, made pursuant to the contract, shall in no way release the Contractor or Surety from their obligations. Notice of such changes or extensions shall be waived by the Surety.”

SECTION 2 SCOPE OF WORK

2-2 PERMITS

Add the following paragraph(s):

“The Contractor and any subcontractor working under the Contractor shall obtain a City business license prior to doing any work on a job site in the City. It shall be the responsibility of the Contractor, who is signature to the Contract, to notify their subcontractor(s) to abide to this requirement. In the event a required business license is not obtained, the City shall give the Contractor written notice of 10 days to correct the deficiency. In the event the business license(s) is not obtained, the City shall withhold the estimated cost of the license(s) from the next payment to the Contractor until the license is obtained. If during the course of construction, a City business license expires and the Contractor or subcontractor continues to work, these same provisions will apply.”

The Contractor shall obtain all required Building Division permits for the work on this project.

Project plans have been checked and approved by the Building Division and are ready to be released to the Contractor at time of permitting. Permit fees, development fees, etc., will be waived for all work associated with this project.

2-4 COOPERATION AND COLLATERAL WORK

Add the following paragraph:

“Any mechanical unit requiring removal to complete the roofing project will be disconnected and reconnected by the City’s HVAC Contractor at the City’s expense. If the contractor determines that any unit needs to be lifted out of the way, that shall be done (lifted and placed back in original location) at the contractor’s expense. The mechanical units may not be inoperable for more than three (3) business days, and the Contractor shall coordinate the schedule with the Engineer for approval a minimum of two weeks prior to commencement of work.

Packet Pg. 429
Attachment: Specifications and Special Provisions (4.11(d)--Award BN No. 5398 Council Chambers & City Hall Roof Replacement Project) 31 2-10 DISPUTED WORK

Delete the first paragraph in its entirety and replace with the following:

“In accordance with Public Contract Code Section 9204 the following shall apply to any claim by Contractor:

“Claim” means a separate demand by a contractor, which includes any of the following. (1) a time extension, including, without limitation, for relief from damages or penalties for delay assessed by the City, (2) payment by the City of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, (3) payment of the amount that is disputed by the City.

Upon receipt of a claim sent by registered mail or certified mail with return receipt requested, the City will conduct a review of the claim and, within a period not to exceed 45 days, will provide a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, the City and Contractor may, by mutual agreement, extend the time period provided in this subdivision.

The Contractor shall furnish reasonable documentation to support the claim.

Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement.

If the Contractor disputes the City’s written response, or if the City fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute.

Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute.

Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the claimant sharing the associated costs equally. The City and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim.

Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.

For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the time frames in this section.

Packet Pg. 430
Attachment: Specifications and Special Provisions (4.11(d)--Award BN No. 5398 Council Chambers & City Hall Roof Replacement Project) 32 Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contractor Code Section 20104.4 to mediate after litigation has been commenced.

This section does not preclude the City from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitra tion Program, if mediation under this section does not resolve the parties’ dispute.

Failure by the City to respond to a claim from a Contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this secti on shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the City’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an advers e finding with regard to the merits of the claim or the responsibility or qualifications of the claimant.

Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.

If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against the City because privity of contract does not exist, the Contractor may present to the City a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the Contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the City shall furnish reasonable documentation to support the clam. Within 45 days of receipt of this written request, the Contractor shall notify the subcontractor in writing as to whether the Contractor presented the claim to the City and, if the original Contractor did not present the claim, provided the subcontractor with a statement of the reasons for not having done so.

A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) the City may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the time frames and procedures set forth in this section.”

The second paragraph of Section 2-10 is amended to read:

“Although not to be construed as proceeding under extra work provisions, the Contractor shall keep records of Disputed Work in accordance with Section 7-4, and shall furnish the records to the Agency by the close of the next working day following each date that the Disputed Work is performed. Failure to create and maintain the required records will operate as a waiver of the Disputed Work claim. Failure to present the records to the Agency in the time required herein shall operate as a waiver of the Disputed Work claim for each date that the records are not timely presented.”

Packet Pg. 431
Attachment: Specifications and Special Provisions (4.11(d)--Award BN No. 5398 Council Chambers & City Hall Roof Replacement Project) 33 SECTION 3 CONTROL OF THE WORK

3-2 SELF-PERFORMANCE

The first sentence of the first paragraph is amended to read:

“The Contractor shall perform within its own organization, contract work amounting to at least 25 percent of the contract price…”

3-3 SUBCONTRACTORS

The second paragraph is amended to read:

“…before work starts, the Contractor shall submit to the Engineer for approval a Subcontracting Request form listing the name, business address, contractor license number, Department of Industrial Relations Public Works Contractor Registration Number, and a description and value of each portion of Work…”

3-5 INSPECTION

Add the following paragraph:

“The City will not make inspections on weekends, holidays, or outside the normal work hours of 7 a.m. to 5 p.m. except when agreed to by the Engineer. At the Engineer’s direction compensation may be demanded of the Contractor if overtime inspections are required (withheld from monies due the Contractor).”

3-8 SUBMITTALS

3-8.4 Supporting Information

Delete Item M and add the following:

m) Data, including, but not limited to, make model, serial number, manufacturer, catalog sheets, manufacturer’s brochures, technical bulletins, and other information necessary to describe a system, product or item. The City will furnish the Contractor with electronic spreadsheet forms (Microsoft Excel) to be completed and submitted to the Engineer. This information is required for motors, instruments, electrical equipment and panels, valves, and pumps as specified in the technical specifications, shown on the plans, directed by the Engineer or these Special Provisions.
n) Operations and Maintenance (O&M) manuals shall be furnished as specified in the technical specifications and these Special Provisions. The Contractor shall furnish an electronic Adobe Acrobat (pdf) copy of the O&M manual.
o) Training shall be provided as specified in the technical specifications and these special provisions. Where applicable the Contractor shall provide video training electronically.

Packet Pg. 432
Attachment: Specifications and Special Provisions (4.11(d)--Award BN No. 5398 Council Chambers & City Hall Roof Replacement Project) 34 3-10 SURVEY

3-10.1 General

Add the following:

“The Contractor’s attention is directed to Section 400-2, Permanent Survey Markers.”

3-12 WORK SITE MAINTENANCE

3-12.6 Water Pollution Control

Delete sections 3-12.6.1 through 3-12.6.3 in their entirety and replace with following:

Prior to any construction activity, the Contractor shall prepare, submit, and obtain approval of a Water Pollution Control Plan (WPCP) that addresses both temporary and permanent erosion control Best Management Practices (BMPs) for stormwater and non -stormwater discharges associated with all construction activities. Contractor shall submit the WPCP to the Engineer within 7 calendar days of the Notice to Proceed date. The Contractor shall maintain copies of the WPCP at the project site and it shall be available during construction.

The Contractor shall know and fully comply with applicabl e provisions of all Federal, State, and local regulations and requirements that govern the Contractor's operations and stormwater and non- stormwater discharges from both the project site and areas of disturbance outside the project limits during constructi on. Approval of the WPCP shall not relieve the Contractor of any liability for violations of Federal, State, and local regulations and requirements relating to water pollution.

The WPCP shall address stormwater and non- stormwater discharges from the construction area and from areas immediately outside the project site which are directly related to construction activities for this contract including, but not limited to, material borrow areas, staging areas, storage yards and access roads. The Contractor shall implement, inspect, and maintain the required water pollution control practices. Installing, inspecting, and maintaining water pollution control practices in areas outside the right-of-way not specifically arranged and provided for by the City of Redding for the execution of this contract, will not be paid for.

The Contractor shall be responsible for penalties assessed or levied on the Contractor or the City of Redding as a result of the Contractor's failure to comply with the provisions in this section "Water Pollution Control" including, but not limited to, compliance with the applicable provisions of Federal, State, and local regulations and requirements as set forth therein.

Penalties include payments made or costs incurred due to stop work orders, work suspension, scheduled days, and/or Contractor delays or in settlement for alleged violations of applicable laws, regulations, or requirements. Costs incurred could include sums spent instead of penalties, due to agency or City imposed requirem ents or to remediate or correct violations, or damages resulting from stop work orders, work suspension, or scheduled days.

WPCP Preparation and Approval

The WPCP shall be prepared by a Qualified Stormwater Pollution Prevention Plan (SWPPP) Developer (QSD), a registered Civil Engineer experienced in erosion control, or a certified professional Erosion and Sediment Control Specialist, unless otherwise approved by the Engineer. Implementation, monitoring, and maintenance of BMPs shall be by or under the Packet Pg. 433
Attachment: Specifications and Special Provisions (4.11(d)--Award BN No. 5398 Council Chambers & City Hall Roof Replacement Project) 35 supervision of same. The WPCP should be commensurate with the size, timing, duration, location, and scope of the project. It shall address soil and wind erosion, sediment control, tracking control, non -stormwater management, waste management, and pollutant /materials control. The WPCP shall be submitted to the Engineer for review and approval within 7 calendar days of the NTP. The Engineer will be allowed 7 calendar days to review. No ground disturbing work shall occur until the WPCP has been approved by the Engineer. Upon the Engineer's approval of the WPCP, the WPCP shall be considered to fulfill the provisions in this section, "Water Pollution Control," for development and submittal of a Water Pollution Control Program.

All BMPs shall be designed, ins talled, maintained, and otherwise managed pursuant to the provisions
set forth in the most recent revision of the California Department of Transportation (Caltrans) Stormwater Quality Handbook, Construction Site BMP Manual, or the most recent revision of t he California Stormwater Quality Association (CASQA), California Stormwater PMP Handbook for Construction. The Contractor may recommend equivalent erosion control applications that provide equal or better performance for consideration and approval by the Engineer.

The WPCP shall incorporate water pollution control BMPs that are necessary to prevent erosion and sediment loss on and off the project site for the duration of the project. All stormwater shall be treated on-site using appropriate BMPs such that runoff leaving the work site is free of silt, sand, sediment, debris, concrete products, trash, and other materials which may degrade water quality. Storm runoff from one area shall not be diverted to another runoff area unless approved by the Engineer. Runoff water may be directed into permanent stormdrain systems during construction provided that mud and silt is removed from the runoff before entering the stormdrain system.

WPCP Implementation

If there is a discrepancy between the WPCP and these s pecial provisions, the special provisions shall supersede. Unless otherwise specified, upon approval of the WPCP, the Contractor shall be responsible throughout the duration of the project for installing, constructing, inspecting, maintaining, replacing, removing, and disposing of temporary water pollution control practices, and installing, constructing, inspecting, maintaining, and replacing permanent water pollution control practices specified in the WPCP. The duration of work includes that time period between initial mobilization to the site and acceptance of the work.

All BMPs shall be installed and properly maintained as required by the Caltrans or CASQA Handbooks prior to any precipitation. If the Contractor or the Engineer identifies a deficiency in the implementation of the approved WPCP, the deficiency shall be corrected immediately unless requested by the Contractor and approved by the Engineer in writing, but shall be corrected prior to the onset of precipitation. Unless otherwise directed by the Engineer, the Contractor's responsibility for WPCP implementation shall continue throughout temporary suspensions of work.

The Contractor shall notify the Engineer at least 3 days in advance of non -stormwater discharge events. The Contractor shall not ify the Engineer of the operations causing non- stormwater discharges and shall obtain approval from the Engineer for non- stormwater discharges.

Retention of Funds

Packet Pg. 434
Attachment: Specifications and Special Provisions (4.11(d)--Award BN No. 5398 Council Chambers & City Hall Roof Replacement Project) 36 Notwithstanding any other remedies authorized by law, the City of Redding may retain money due the Contractor under the contract, in an amount determined by the City of Redding, up to and including the entire amount of Penalties proposed, assessed, or levied as a result of the Contractor's violation of Federal, State, or local law, regulations, or requirements. Funds may be retained by the City of Redding until final disposition has been made as to the Penalties.

The Contractor shall remain liable for the full amount of Penalties until such time as they are finally resolved with the entity seeking the Penalties.

When the City or a regulatory agency identifies a failure to comply with Federal, State or local requirements, the City will retain money due the Contractor, in the amount of 10 percent of the work done to date or any fine whichever is greater. This amount is in addition to the retention specified in Section 9 -3.2, Partial and Final Payment, of these special provisions, subject to the following: The City will give the Contractor written notice of the City’s intent to retain funds from partial payments which may become due to the Contractor prior to recording of the Notice of Completion.

Payment

The contract lump sum price paid for “Water Pollution Control” shall include full compensation for furnishing all labor, materials, tools, eq uipment, and incidentals for doing all the work involved in developing, preparing, obtaining approval of, revising, and implementing the WPCP. Implementation of the WPCP includes installing, constructing, maintaining, removing, and disposing of BMPs including non- stormwater and waste management water pollution control practices as provided for in the approved WPCP and as directed by the Engineer.

No additional payment will be made to correct deficiencies in the approved WPCP. Payments for “Water Pollution Control” will be made as follows:

A. After the WPCP has been approved by the Engineer, 75 percent of the contract item price for “Water Pollution Control” or $5,000 whichever is less will be included in the monthly progress payment.

B. The payment for the balance of the contract item price for “Water Pollution Control” will be made with the final progress payment.

No additional payment will be made for any BMPs necessary to correct deficiencies in the approved WPCP.

Water pollution control BMPs for which there is a contract item of work, will be measured and paid for as that contract item of work.

3-12.6.4 Dewatering

Add the following after the second paragraph:

Temporary Wastewater/Discharge
In the event that the Contractor proposes to discharge any groundwater, runoff, or other project required dewatering to the City’s wastewater collection system, the Contractor will be required to submit a Temporary Wastewater Discharge Application. The Contractor shall submit the application to the City Indus trial Waste Division a minimum of two weeks prior to any temporary discharge into the City sanitary sewer system. The Contractor may be responsible for water sampling prior to discharge if the City determines contamination may exist.

Packet Pg. 435
Attachment: Specifications and Special Provisions (4.11(d)--Award BN No. 5398 Council Chambers & City Hall Roof Replacement Project) 37 At no time shall the Contractor discharge any groundwater, run- off, potable water, or other non-storm water into the storm drain system, creeks, streams, ditches, or other conveyances whereby the water could enter such areas without obtaining written approval from the Regional Water Quality Control Board and the Engineer. Existing discharge permits obtained by the City of Redding for Water Utility operations shall not be used for this purpose.

The cost for the Temporary Wastewater Discharge Application is as follows:

$500 Filing Fee
$8.81/1,000 gallons (Prices valid through 12/31/2023) Volume Cost

Full compensation for temporary wastewater discharge shall be considered as included in the prices paid for the various contract items of work involving temporary wastewater dis charge and no separate payment will be made therefor.

3-13 COMPLETION, ACCEPTANCE, AND WARRANTY

3-13.3 Warranty

Delete the fourth paragraph and add the following:

“The Contractor shall repair or replace to the satisfaction of the Engineer any or all such work that may prove defective in workmanship or materials within that period, ordinary wear and tear and unusual abuse or neglect excepted, together with any other work which may be damaged or displaced in so doing.

The signing of the agreement by the Contractor shall constitute execution of the above guaranties. A contract maintenance bond shall remain in full effect during the guaranty period and will not be released until the expiration of such period. Said bond shall be in an amount equal to 50 percent of the final contract price. The Maintenance Bond shall be submitted on the form contained in these specifications or on the form which conforms to it prior to release of final payment (less retention) for the work.”

SECTION 4 CONTROL OF MATERIALS

4-1 GENERAL

Add the following sentence to the first paragraph:

“If required by the Engineer, the Contractor shall furnish duplicate invoices to the Engineer on all material furnished to the job.”

Add the following paragraph:

Packet Pg. 436
Attachment: Specifications and Special Provisions (4.11(d)--Award BN No. 5398 Council Chambers & City Hall Roof Replacement Project) 38 “If the Contractor does not remove such condemned work and materials within a reasonable time, fixed by written notice, the City may remove them and may store the material at the expense of the Contractor. If the Contractor does not pay for the expense of the removal within 10 days written notice, the City may sell such material at auction or at private sale, and may account for the net proceeds thereof, after deducting all the costs and expenses that should have been borne by the Contractor.”

4-1.2 Protection

Add the following after the first sentence of the first paragraph:

“Unless otherwise specifically stated in the special provisions, any existing equipment or material either to be salvaged or reused in the work shall be restored and protected by the Contractor and shall remain the property of the Agency. Equipment shall be removed with care to prevent unnecessary damage.”

SECTION 5 LEGAL RELATIONS & RESPONSIBILITIES

5-1 LAWS AND REGULATIONS

Add the following after the first paragraphs:

“Contractor shall post job site notices as prescribed by regulation.”

Title VI Assurances

During the performance of this Agreement, the Contractor, will ensure that no person is excluded from participating in, denied the benefits of, or otherwise subjected to discrimination under any of its projects, activities, or services and business opportunities on the basis of race, color, national origin, age, sex, or disability as afforded by Title VI of the Civil Rights Act of 1964 and related statutes, as amended. All persons, regardless of their citizenship status, are covered under this regulation.

Equal Employment Opportunity Clause

During the performance of this contract, the Contractor agrees as follows:

1. The Contractor will not discr iminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, medical disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, or sexual orientation of such persons. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual ori entation, domestic partners, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous spaces, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

Packet Pg. 437
Attachment: Specifications and Special Provisions (4.11(d)--Award BN No. 5398 Council Chambers & City Hall Roof Replacement Project) 39 2. The Contractor will, in all solicitations or advertisement solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, domestic partners, or national origin.

3. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union or workers’ representatives of the Contractor’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

4. The Contractor will comply with all provisions of Executive Order NO. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

5. The Contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

6. In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this contract or with any rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor may be declared ineligible for further City contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order No. 11246 September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

7. The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the City to enter into such litigation to protect the interests of the City.”

5-3 LABOR

5-3.2 Prevailing Wage

Add the following paragraphs:

“All contractors and subcontractors shall furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement).

Packet Pg. 438
Attachment: Specifications and Special Provisions (4.11(d)--Award BN No. 5398 Council Chambers & City Hall Roof Replacement Project) 40 The Contractor and its agents shall comply with Sections 1771, 1774-1776, 1777.5, 1813, and 1815 of the Labor Code.

Attention is directed to Section 1735 of the Labor Code, which reads as follows:

A contractor shall not discriminate in the employment of persons upon public works on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code. Every contractor for public works who violates this section is subject to all the penalties imposed for a violation of this chapter.”

5-3.3 Payroll Records

Add the following paragraph:

“When submitting certified payroll, eliminate the social security number. Should the City request certified payrolls with social security numbers, hard copies shall be provided.

Disclaimer:

Electronic submission of information is offered for convenience of the submitting party. When submitting any information electronically, the submitting party agrees and accepts full responsibility for such submission(s), including, but not limited to, any subsequent disclosure by the City, intentional, or otherwise. The City accepts no responsibility or liability for any information submitted electronically.”

Packet Pg. 439
Attachment: Specifications and Special Provisions (4.11(d)--Award BN No. 5398 Council Chambers & City Hall Roof Replacement Project) 41 5-3.5 Apprentices

Add the following after the first paragraph:

“The provisions in Section 1777.5 and Section 1777.6 of the California Labor Code concerning the employment of apprentices shall be complied with by the Contractor or any subcontractor under him.

The responsibility for compliance with this section for all apprenticeship occupations shall rest solely with the prime Contractor.

Compliance with California Labor Code Section 1777.5 requires all public works contractors and subcontractors to:

Submit contract award information to the applicable joint apprenticeship committee which shall include an estimate of journeyman hours to be performed under the contract, the number of apprentices to be employed, and the approximate dates the apprentices will be employed.

Employ apprentices on the public work in a ratio to journeymen of no less than one hour of apprentices work for every five hours of labor performed by a journeyman.

Pay the apprentice rate on public works projects only to those apprentices who are registered, as defined in Labor Code Section 3077.

Contribute to the training fund in the amount indicated in the PWR publication for journeymen and apprentices. Contractors who choose not to contribute to the local training trust fund must make their contributions to the California Apprenticeship Council, P. O. Box 420604.

Information relative to apprenticeship standards, wages schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from Sacramento of Division of Apprenticeship Standards, Telephone (916) 263-2877.”

5-4 INSURANCE

Delete Sections 5-4.1 through 5-4.4 in its entirety and replace with following:

“Liability Insurance and Auto Insurance

The Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, it s agents, representatives, employees or subcontractors.

The Contractor shall furnish the Agency a policy or certificate evidencing liability insurance with original endorsements effecting coverage required by this subsection. The endorsements are to be signed by a person authorized by the insurer to bind coverage on its behalf. All endorsements are to be received and approved by the Agency before work commences.

Packet Pg. 440
Attachment: Specifications and Special Provisions (4.11(d)--Award BN No. 5398 Council Chambers & City Hall Roof Replacement Project) 42 Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached thereto, the Agency shall be the insured or named as an additional insured covering the work, whether liability is attributable to the Contractor or the Agency. Except as provided for in Subsection 6-5, the Agency, its officers, officials, employees, and agent s are to be covered as insured for general liability and automobile liability, as respects: liability arising out of activities performed by or on behalf of the Contractor; with limits of liability indicated below and including coverage no less than the following:

1 Premises and operations.

2 Products and completed operations. Completed Operations Liability shall be kept in force for one year after the date of final acceptance by the City.

3 Contractual liability insuring the obligations assumed by the Contractor in this contract.

4 Broad form property damage (including completed operations).

5 Fire legal liability, Explosion, Collapse and Underground Hazards.

6 Personal Injury Liability.

7 Independent Contractors.

The coverage shall provide the following minimum scope and limits:

1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 001) in the amount of $1,000,000 per occurrence for bodily injury, personal injury, and property damage.

2. Insurance Services Office Automobile Liability Code 1 (any auto) (form CA 0001, Ed 1/87), in the amount of $1,000,000 per accident for bodily injury and property damage.

3. Course of Construction Insurance providing coverage for all “risks” of loss in the amount of the completed project value.

Insurance is to be placed with insurers with current A.M. Best’s rating of not less than A-: VII.

Any deductibles or self-insured retentions must be declared to and approved by the Agency.

At the option of the Agency, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Agency, its officers, officials, employees, and agents; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

All liability policies shall bear an endorsement or shall have attached a rider whereby it is provided that:

1. The Agency, its officers, officials, employees and agents are added as additional insureds.

Packet Pg. 441
Attachment: Specifications and Special Provisions (4.11(d)--Award BN No. 5398 Council Chambers & City Hall Roof Replacement Project) 43 2. For any cl aims related to this project; the Contractor’s insurance coverage shall be primary insurance as respects the Agency, its officers, officials, employees, and agents shall be excess of the Contractor’s insurance and shall not contribute with it.

3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Agency, its officers, officials, employees, or agents.

4. The Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

5. In the event of expiration or proposed cancellation of such policies for any reason whatsoever, the Agency shall be notified by registered mail return receipt requested, giving a sufficient time before the date thereof to comply with any applicable law or statue but in no event less than 30 days before expiration or cancelation is effective.

Course of construction policies shall bear an endorsem ent or shall have attached a rider whereby it is provided that:

1. The Agency shall be named loss payee.

2. The insurer shall waive all rights of subrogation against the Agency.

The Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsement of each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.

Workers’ Compensation Insurance

Said certification is included in the contract by reference and signature and return of the contract shall constitute signing and filing of said certificate.

The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for and maintaining in full force and effect for the duration of the contract Workers’ Compensation Insurance, with limits as required by the Labor Code of the State of California and Employee’s Liability with limits of $1,000,000 per accident. The Workers’ Compensation insurance must be accompanied by a Waiver of S ubrogation endorsement. The Contractor shall furnish a Certificate of Insurance to the Engineer before execution of the Contract. The agency, its officers, officials, employees, and agents, will not be responsible for any claims in law or equity occasioned by failure to the Contractor to comply with this paragraph.

All compensation insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the Agency shall be notified by registered mail not less than 30 days before expiration or cancellation is effective.

No separate payment will be made for insurance. Payment shall be considered as included in the contract price.

Packet Pg. 442
Attachment: Specifications and Special Provisions (4.11(d)--Award BN No. 5398 Council Chambers & City Hall Roof Replacement Project) 44 5-4.5 Contractor’s Performance

To the fullest extent permitted by law, the Contractor shall indemnify, defend and hold harmless the City and its officials, employees, agents, representatives and volunteers from and against any and all losses, claims, demands, damages, costs, expenses, attorney’s fees, or liability of every nature arising out of or in any way connected with the performance or attempted performance of the provisions of this Contract, caused in whole or in part by any negligent or willful act or omission of the Contractor, regardless of whether caused in part by a party indemnified hereunder. Nothing contained in the foregoing indemnity provisions shall be construed to require the Contractor to indemnify the indemnified party in contravention of Section 2782 of the Civil Code for the active or sole negligence or willful misconduct of that indemnified party.

To the fullest extent permitted by law, the Contractor’s duty to defend shall extend, without limitation, to any suit or action founded upon any losses, claims, demands, damages, costs, expenses, attorney’s fees, or liability of every nature arising out of or in any way connected with the performance or attempted performance of the provisions hereof, or in any way arising out of or connected with this Contract.

The defense and indemnity obligations expressly extend to and include any and all claims, demands, damages, costs, expenses, liability occasioned as a result of the violation by the Contractor, the Contractor’s agents, employees, or independent contractors, subcontractors, or suppliers of any provisions of federal, state or local law, including applicable administrative regulations.

The defense and indemnity obligations also expressly extend to and include any claims, demands, damages, costs, expenses, or liability occasioned by injury to or death of any person, or any property damage to property owned by any person while on or about the site or as a result of the Work, whether such persons are on or about the site by right or not, whenever the Work is alleged to have been a contributing cause in any degree whatsoever.

In claims against any person or entity herein indemnified that are made by an employee of the Contractor or an employee of any of the Contractor’s agents, independent contractors, subcontractors or suppliers, a person indirectly employed by the Contractor or by any of the Contractor’s agents, independent contractors, subcontractors or suppliers, or anyone for whose acts the Contractor or any of the Contractor’s agents, independent contractors, subcontractors , or suppliers may be liable, the defense and/or independent contractors, subcontractors , or suppliers under workers’ compensation acts, disability acts, or other employee benefit acts.

The defense and indemnification obligations herein shall not be limited by any assertion or finding that the person or entity indemnified is liable by reason of non-delegable duty.

The defense and indemnities set forth herein shall not be limited by the insurance requirements set forth in the Contract.

The defense and indemnification requirements herein set forth shall extend to claims occurring after this Contract is terminated as well as while it is in force.

Indemnification of Adjacent Property Owners

In the event the Contractor enters any agreement with the owners of any adjacent property to enter upon or adjacent to such property for the purpose of performing this Contract, the Contractor shall fully indemnify, defend and save harmless such person, fi rm, or corporation, state or other Packet Pg. 443
Attachment: Specifications and Special Provisions (4.11(d)--Award BN No. 5398 Council Chambers & City Hall Roof Replacement Project) 45 governmental agency which owns or has any interest in the adjacent property. The form and content of the indemnification agreement shall be approved by the Agency prior to commencement of any work on or about such property. The Contractor also shall indemnify the Agency, its officers, officials, employees, agents , representatives, and volunteers a provided in the Contract. These provisions shall be in addition to any other requirements of the owners of adjacent property.”

5-7 SAFETY

5-7.1 Work Site Safety

5-7.1.1 General

Add the following:

“Accidents

The Contractor shall provide at the site, such equipment and medical facilities as are necessary to supply first aid service to anyone who may be injured in connection with the work.

The Contractor must promptly report in writing to the Engineer all incidents whatsoever arising out of, or in connection with, the performance of the work whether on, or adjacent to the site, which caused death, personal injury, or property damages, giving full details and statements of witnesses. In addition, if death or serious injuries or serious damages are caused, the incident shall be reported promptly by telephone or messenger to both the Engineer and owner, if other than Agency.

If any claim is made by anyone against the Contractor or any subcontractor on account of any accident, the Contractor shall promptly report the facts in writing to the Engineer, giving full details of the claim.”

5-7.4 Hazardous Substances

Add the following paragraphs:

“When applicable, the Contractor shall file with the Redding Fire Department and the Shasta County Department of Public Health, hazardous materials release response plans and inventories (business plans) and Shasta County Department of Public Health fees for the prevention and mitigation of hazardous material releases in accordance with Chapter 6.95 of the California Health and Safety Code.

Contractors, including subcontractors, shall not perform work on or around City of Redding Asbestos Cement Pipe (ACP) infrastructure unless the Contractor has had and can provide appropriate documentation of approved ACP initial and refresher training in compliance of all federal, State and local laws, regulations and standards.

Training Requirements

No employee or contractor is permitted to handle or work on or around ACP without completing an approved training course on ACP.”

Packet Pg. 444
Attachment: Specifications and Special Provisions (4.11(d)--Award BN No. 5398 Council Chambers & City Hall Roof Replacement Project) 46 SECTION 6 PROSECUTION AND PROGRESS

6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK

6-1.1 Construction Schedule

Add the following after the first paragraph:

“A weekly construction schedule shall be furnished in writing, if required by the Engineer, one working day prior to the first working day of the week to which the schedule is pertinent. The weekly construction shall be in such form and in such detail as to accurately and clearly show the major type and location of the work to be performed during the work week. In addition, all requests for survey work required to be provided by the City shall be a part of this schedule.”

6-2 PROSECUTION OF THE WORK

Add the following paragraph:

“Work Done by the Agency for the Contractor

The City will not perform any work for the Contractor except in emergency situations or as otherwise agreed to by the Engineer. The City will be reimbursed for any work done for the Contractor (withheld from monies due the Contractor). This will include all costs (direct straight time or overtime wages, all overhead, administration, engineering, vehicle, and equipment costs).”

6-9 LIQUIDATED DAMAGES

Delete this section in its entirety and add the following:

“Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the Agency. Such damages are, and will continue to be, impracticable and extremely difficult to determine. For each consecutive calendar day in excess of the time specified, as adjusted i n accordance with Subsection 6- 4, for completion of the Work the Contractor shall pay to the Agency, or have withheld from monies due it, the sum of $1,000.

Execution of the Contract shall constitute agreement by the Agency and Contractor that $1,000 per day is the minimum value of the costs and actual damage caused by failure of the Contractor to complete the Work within the allotted time, that such sum is liquidated damages and shall not be construed as penalty, and that such sum may be deducted from payment due the Contractor if such delay occurs.”

SECTION 7 MEASUREMENT AND PAYMENT

7-2 LUMP SUM WORK

Add the following section:

“Lump Sum Cost Schedule of Values

The Contractor shall furnish to the Engineer a schedule of values for each contract lump sum item of work described in this section.

Packet Pg. 445
Attachment: Specifications and Special Provisions (4.11(d)--Award BN No. 5398 Council Chambers & City Hall Roof Replacement Project) 47 The Contractor shall determine the quantities required to complete the work shown on the plans. The quantities and values shall be included in the schedule submitted to the Engineer for approval. The Contractor shall be responsible for the accuracy of the quantities and values used in the schedule submitted for approval. Any quantities shown on the plans or noted in these specifications are approximate and shall be considered as informational only.

No adjustment in compensation will be made in the contract lump sum prices paid for the various work items due to any differences between the quanti ties shown in the cost break - down furnished by the Contractor, or the planned quantities, and the quantities required to complete the work as shown on the plans and as specified in these special provisions.

The sum of the amounts for the unit s of work listed in the cost break-down shall be equal to the contract lump sum price bid for the work. Overhead, profit, bond premium, temporary construction facilities, plant and other items shall be included in each individual unit listed in the cost break-down and shall not be listed separately.

The cost break-down shall be submitted to the Engineer for approval within 15 days after the contract has been approved. The cost break -down shall be approved, in writing, by the Engineer before any partial payment for the lump sum items of work will be made.

At the Engineer’s discretion the approved cost br eak-down schedule may be used to determine partial payments during the progress of the work and as the basis of calculating the adjustment in compensation for the item or items of work due to changes ordered by the Engineer. When an ordered change increases or decreases the quantities of an approved schedule, the adjustment in compensation may be determined at the Engineer’s discretion in the same manner specified for increases and decreases in the quantity of a contract item of work in accordance with Section 2, “Scope of the Work” of the Standard specifications and elsewhere in these special provisions.”

7-3 PAYMENT

7-3.1 General

Add the following paragraphs:

“’In accordance with Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his or her employees.

Attention is directed to the provisions of Sections 10262 and 10262.5 of the Public Contact Code and Section 7108.5 of the Business and Professions Code concerning prompt payment to subcontractors.

The Contractor shall return all moneys withheld in retention for the subcontractor within 30 days after receiving payment for work satisfactorily completed, even if the other contract work is not completed and has not been accepted. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the Contractor or subcontractor in the event of a dispute i nvolving late payment or nonpayment by the Contractor or deficient subcontract performance or noncompliance by a subcontractor.”

Packet Pg. 446
Attachment: Specifications and Special Provisions (4.11(d)--Award BN No. 5398 Council Chambers & City Hall Roof Replacement Project) 48 Delete the last sentence of the eighth paragraph and substitute the following:

“Prior to the expiration of 60 days from the date of completion, or as prescribed by law, the amount deducted from the final progress pay estimate and retained by the Agency will be paid to the Contractor, except 125 percent of such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the contract to be further retained. Upon settlement of all notices to stop payment, any remaining funds held by the Agency, less an amount for expenses incurred by the Agency in conjunction with the notice(s) to stop payment will be paid to the Contractor.”

Add the following paragraph:

“Manufacturers’ warranties and guarantees furnished for materials used in the work and instruction sheets and parts lists supplied with materials shall be deli vered to the Engineer prior to acceptance of the project.”

7-3.2 Partial and Final Payment

The first paragraph shall read:

“The closure date for the purpose of making monthly progress payments shall be the last Friday of the month.”

Delete the third paragraph and substitute the following:

“From each progress payment, 5 percent will be deducted and retained by the Agency, and the remainder less the amount of all previous payments will be paid. Administrative deductions for missing documents including, but not limited to, as -builts, product warranties, operation and maintenance manuals, and bonds may be taken. Each administrative deductions withheld will be a minimum of $5,000 and a maximum of $25,000.

In accordance with Labor Code Section 1771.5(b)5 , the Agency shall withhold contract payments when payroll records are delinquent or inadequate.

In accordance with Labor Code Section 1771.5(b)6, the Agency shall withhold contract payments equal to the amount of underpayment and applicable penalties w hen, after investigation, it is established that underpayment has occurred.”

Add the following after the last paragraph:

“Final Pay Quantities

When an item of work is designated as (F) or (S-F) in the Engineer’s Estimate, the estimated quantity for that item of work shall be the final pay quantity, unless the dimensions of any portion of that item are revised by the Engineer, or the item or any portion of the item is eliminated. If the dimensions of any portion of the item are revised, and the revisions result in an increase or decrease in the estimated quantity of that item of work, the final pay quantity for the item will be revised in the amount represented by the changes in the dimensions. If a final pay item is eliminated, the estimated quantity for the item will be eliminated. If a portion of a final pay item is eliminated, the final pay quantity will be revised in the amount represented by the eliminated portion of the item of work.

Packet Pg. 447
Attachment: Specifications and Special Provisions (4.11(d)--Award BN No. 5398 Council Chambers & City Hall Roof Replacement Project) 49 The estimated quantity for each item of work designated as (F) or (S -F) in the Engineer’s Estimate shall be considered as approximate only, and no guarantee is made that the quantity which can be determined by computations, based on the details and dimensions shown on the plans, will equal the estimated quantity. No allowance will be made in the event that the quantity based on computations does not equal the estimated quantity.

In case of discrepancy between the quantity shown in the Engineer’s Estimate for a final pay item and the quantity or summation of quantities for the same item shown on the plans, payment will be based on the quantity shown in the Engineer’s Estimate.”

7-3.3 Delivered Materials

Add the following paragraph:

When an item of work is designated as (P) the Agency will include in the progress payments 50 percent of the cost of materials delivered but not incorporated in the work when requested by the Contractor. Before these costs will be included, the Contractor must present to the Engineer, copies of his invoices.

7-4 PAYMENT FOR EXTRA WORK

7-4.2 Basis for Establishing Costs

7-4.2.1 Labor

The first paragraph is amended to read:

“The cost of labor shall be the actual wages paid which shall include any employer payments to or on behalf of the workers for health and welfare, pension, vacation, and apprenticeship funds. To the actual wages paid will be added a labor surcharge set forth in the Department of Transportation publication entitled Labor Surcharge and Equipment Rental Rates found at the following web site.

http://www.dot.ca.gov/hq/construc/equipmnt.html

The rates are in effect on the date upon which the work is accomplished. The labor surcharge shall constitute full compensation for all payments imposed by State and Federal laws including, but not limited to, workers’ compensation insurance, and liability insurance.”

7-4.2.3 Tool and Equipment Rental

Delete the second paragraph and add the following:

“Regardless of ownership; the latest edition of the State of California Department of Transportation equipment rental rates shall be used to determine equipment rental costs.”

7-4.3 Markup

Delete this section in its entirety and add the following:

a. Work by Contractor. The following percentages shall be added to the Contractor’s costs and shall constitute full payment for all overhead and profit.

Packet Pg. 448
Attachment: Specifications and Special Provisions (4.11(d)--Award BN No. 5398 Council Chambers & City Hall Roof Replacement Project) 50 Overhead costs shall include, but not be limited to such items as project superintendence, project managers, field and home office expenses.

1) Labor 35%
2) Material 15%
3) Equipment Rental & Other Items 15%
4) Subcontractor Work 10% (this markup may be applied a maximum of one time to the extra work bill)

b. Work by Subcontractor. When extra work is performed by a subcontractor, the following percentages shall be added to the subcontractor’s costs and shall constitute full payment for all overhead and profit.

Overhead costs shall include, but not be limited to such items as project superintendence, project managers, field and home office expenses.

1) Labor 35%
2) Material 15%
3) Equipment Rental & Other Items 15%
4) Second-Tier Subcontractor 10% (this markup may be applied a maximum of one time to the extra work bill)

Packet Pg. 449
Attachment: Specifications and Special Provisions (4.11(d)--Award BN No. 5398 Council Chambers & City Hall Roof Replacement Project)

CITY OF REDDING

REPORT TO THE CITY COUNCIL

Recommendation

Authorize the Mayor, or designee, to:
(1) Sign a forthcoming technical comment letter from the City of Redding Public Works Department to the State Water Resources Control Board regarding "Making Conservation a California Way of Life" draft regulation;
(2) Submit future letters regarding this proposed regulation; and (3) Sign any professional association comment letters as appropriate.

Fiscal Impact

There is no fiscal impact for signing these letters. However, the fiscal impact to the Water Utility if this proposed regulation is enacted would be significant. Conservation targets of over 20 percent reduction starting in 2025 would require cost recovery rates to increase proportionately as the fixed costs o f operating the utility, including capital expenditures , would need to be divided by substantively less water use thereby significantly reducing volumetric cost recovery.

Alternative Action

The City Council (Council) may choose not to authorize the Mayor or designee to sign comment letters related to this proposed regulation. The Council may also provide alternative direction to staff.

Background/Analysis

On August 18, 2023, the State Water Resources Control Board (State Water Board) initiated the formal rulemaking for “ Making Conservation a California Way of Life ” (Regulation) and released draft regulatory text intended to implement AB 1668 and SB 606. These bills were passed by the California Legislature in 2018 to develop a regulatory framework to achieve long- term water use efficiency. However, urban water suppliers were not made aware of the full extent of the proposed conservation objectives until the formal rulemaking release. The significant reduction goals are well beyond what was anticipated.

MEETING DATE: October 2, 2023
ITEM NO. 4.11(e)
FROM:

***APPROVED BY***

[email protected]

[email protected]
SUBJECT: 4.11(e)--Authorize Mayor to Sign Comment Letter Regarding SWRCB Draft Regulation for "Making Conservation a California Way of Life" Chuck Aukland, Public
Works Director
Packet Pg. 450
Report to Redding City Council September 25, 2023
Re: 4.11(e)--Authorize Mayor to Sign SWRCB Draft Regulation Comment Letter Page 2

The proposed regulation would require Urban Retail Water suppliers, such as the City of Redding (City), to meet an agency specific Urban Water Use Objective starting in 2025. The Urban Water Use Objective is a total water budget, in gallons per cap ita per day, that is the sum of efficiency budgets for a subset of urban water uses that include: Residential Indoor, Residential Outdoor, Commercial/Industrial/Institutional (CII) Dedicated irrigation Meters, and Water Loss.

The State Water Board’s rulemaking will consider adoption of the statewide efficiency standards for outdoor residential water use, CII landscapes with dedicated irrigation meters, variances, and bonuses. Statewide efficiency standards for indoor residential water use and water loss a re already adopted.

The City’s Water Utility supports California’s advancement of long -term efficient and wise use of water in a manner that is feasible, cost -effective and minimizes unintended impacts to our water users. However, staff and other retailer s across the State, are concerned that the proposed regulation will create unrealistic requirements and necessitate the City to be in a perpetual state of water conservation that neglects our multiple surface water rights and abundant groundwater supply that has been developed since the City’s founding. The draft proposed reductions for the City are amongst the highest proposed in the State with over 20 percent by 2025 and 40 percent in 2035. Staff believes the State Water Board should consider several miti gating factors including, but not limited to, the following:

• Credit for the significant reduction in water use since 2008 through various conservation efforts;
• The significant financial impact to the ratepayers, particularly lower income households, needed just to fund the fixed costs and capital improvements necessary to keep the system operating reliably regardless of how much water is used; and • Not providing any credit for the significant amount of water the City discharges back to the Sacramento River from the wastewater system that is available for use downstream. This include s the significant amount of groundwater that gets into the wastewater collection system by infiltration during the winter months . This water is treated and discharged into the Sacramento River. Many agencies along the heavily populated coastal regions discharge directly into the ocean where the water is not available for beneficial uses.

The City’s current Water Shortage Contingency Plan has six stages. During the last drought, which was one of the driest 3 -year periods in our history, the City moved to Stage 2 ( 10 percent to 20 percent conservation). The proposed regulation and the consequential water conservation mandates would require the City to permanently move to Stage 2 in 2025 and to move to Stage 4 (30 percent to 40 percent conservation) in 2030 and beyond.

Staff will work with other water retailers, lobbying entities and other interested groups to inform the State Water Board of the impacts with the goal of imparting reasonableness into the rulemaking process. Efforts will include writing comment letters, providing testimony at the public hearing, and signing on to comment letters for various agencies and consortiums.

Packet Pg. 451
Report to Redding City Council September 25, 2023
Re: 4.11(e)--Authorize Mayor to Sign SWRCB Draft Regulation Comment Letter Page 3

Environmental Review

Submitting a comment letter on proposed regulations is not a project as defined by the California Environmental Quality Act, and no further action is required.

Council Priority/City Manager Goals

• Government of the 21st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.”

Attachments
^Overview Water Conservation Regs_Cal Cities
^Copy of Water Conservation Draft Regs from SWRCB_Cities Packet Pg. 452
Strengthening California Cities
through Advocacy and Education
Cal Cities
Water Work Group
Packet Pg. 453
Attachment: ^Overview Water Conservation Regs_Cal Cities (4.11(e)--Authorize Mayor to Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Water Conservation Draft Regulations
• The Urban Water Use Objective is a total water budget, in gallons per capita per day (GPCD), that is the sum of efficiency budgets for a subset of urban water uses and must be met by January 1, 2025 (compliance is based on water use objective and water loss standards) Packet Pg. 454
Attachment: ^Overview Water Conservation Regs_Cal Cities (4.11(e)--Authorize Mayor to Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Water Conservation Draft Regulations
• California Water Code Section 10609.4 already
sets forth the Residential Indoor standards:
▪ Until January 1, 2025: 55 GPCD
▪ From January 1, 2025 to January 1, 2030: 47 GPCD
▪ After January 1, 2030: 42 GPCD
• For the Urban Water Use Objective:
▪ R indoor = Standard X Population X # of days in the year Packet Pg. 455
Attachment: ^Overview Water Conservation Regs_Cal Cities (4.11(e)--Authorize Mayor to Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Water Conservation Draft Regulations
• Draft Regulations propose the Residential
Outdoor standards:
▪ Until June 30, 2030: 0.80 landscape efficiency factor ▪ From July 1, 2030 to June 30, 2035: 0.63
▪ After July 1, 2035: 0.55
▪ Special landscape areas = 1.0
▪ Newly constructed residential landscapes: 0.55
• For the Urban Water Use Objective:
▪ R outdoor = standard X square footage of landscape
area X net evapotranspiration X 0.62
Packet Pg. 456
Attachment: ^Overview Water Conservation Regs_Cal Cities (4.11(e)--Authorize Mayor to Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Water Conservation Draft Regulations
• Draft Regulations propose the Commercial,
Industrial, and Institutional (CII) Dedicated
Irrigation Meter (DIM) standards:
▪ From July 1, 2028 to June 30, 2030: 0.80
▪ From July 1, 2030 to June 30, 2035: 0.63
▪ After July 1, 2035: 0.45
▪ CII-DIM special landscape areas: 1.0
▪ Newly constructed CII-DIM landscapes: 0.45
• For the Urban Water Use Objective:
▪ CII-DIM = standard X square footage of landscape area X net evapotranspiration X 0.62
Packet Pg. 457
Attachment: ^Overview Water Conservation Regs_Cal Cities (4.11(e)--Authorize Mayor to Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Water Conservation Draft Regulations
• Water loss standards were already set in 2022, including, but not limited to, assessing and reporting:
▪ Annual background leakage
▪ Annual reported leakage
▪ Annual unreported leakage
▪ Months taken to survey whole system
▪ Monthly water lost due to backlog of unreported leakage • For the Urban Water Use Objective:
▪ Water Loss = standard X total service connections X number of days in the year
OR
▪ Water Loss = standard X length of distribution system X number of days in the year
Packet Pg. 458
Attachment: ^Overview Water Conservation Regs_Cal Cities (4.11(e)--Authorize Mayor to Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Water Conservation Draft Regulations
• Variances and/or Bonus Incentives:
▪ Supplier delivers water from a groundwater basin, reservoir or source that is augmented by potable reuse water
▪ Converting mixed use meters to dedicated irrigation
meters
▪ Classifying CII based on performance measures: car
washes, CII laundries, large landscapes, water recreation ▪ Use of best management practices for customers that
exceed a recommended size, volume of water use or
threshold
Packet Pg. 459
Attachment: ^Overview Water Conservation Regs_Cal Cities (4.11(e)--Authorize Mayor to Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Water Conservation Draft Regulations
• Reporting:
▪ Annual reporting begins January 1, 2024 and every Jan. 1 thereafter ▪ Annual reports shall reflect the conditions of the previous state fiscal year • Enforcement:
▪ INFORMATIONAL ORDERS
▪ CONSERVATION ORDERS
▪ FINES:
▪ The Board has authority to fine a person or entity up to $500/day; and ▪ The Board has authority to fine the urban water supplier up to $10,000 per day if in another drought or critically dry year
Packet Pg. 460
Attachment: ^Overview Water Conservation Regs_Cal Cities (4.11(e)--Authorize Mayor to Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Water Use Objective ExplorationTool
Provisional Data
Released:
▪ Shows projected water
reduction targets by
2025, 2030 & 2035
▪ Data is from 2017-2021
for 396 urban water
suppliers
https://www.waterboards.ca.gov/water
_issues/programs/conservation_portal/w
ater-use-explorer/
Packet Pg. 461
Attachment: ^Overview Water Conservation Regs_Cal Cities (4.11(e)--Authorize Mayor to Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Overview of Rulemaking Process
Packet Pg. 462
Attachment: ^Overview Water Conservation Regs_Cal Cities (4.11(e)--Authorize Mayor to Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Discussion
• Residential Outdoor
• Commercial, Industrial, and Institutional Outdoor
• Variances/Bonus Incentive
• Data Reporting & Provisional Data Assumptions
• Examples of Good Actions & Potential Exemptions or
Modifications
• Others
Packet Pg. 463
Attachment: ^Overview Water Conservation Regs_Cal Cities (4.11(e)--Authorize Mayor to Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Cal Cities Water Work Group: Next Meetings &
Important Dates
• Monday, September 25 from 9:30am to 10:30am
• Monday, October 2 from 10am to 11am
• SWRCB Public Workshop: October 4 at 9:30am
• Friday, October 6 from 10am to 11am
• Specific Written Comments (draft ok) to Cal Cities by Wednesday, October 11 COB
• Thursday, October 12 from 10am to 11am
• SWRCB Written Comment Deadline: October 17 COB
Packet Pg. 464
Attachment: ^Overview Water Conservation Regs_Cal Cities (4.11(e)--Authorize Mayor to Strengthening California Cities
through Advocacy and Education
@calcities @calcities @calcities.org
QUESTIONS?
Melissa Sparks-Kranz
Legislative Affairs, Lobbyist
Environmental Quality
[email protected]
916-658-8232
Packet Pg. 465
Attachment: ^Overview Water Conservation Regs_Cal Cities (4.11(e)--Authorize Mayor to Agency Hydrologic Region 2025% 2030%
Vernon City Of South Coast -92% -92% -92%
Atwater City Of San Joaquin River -49% -58% -61%
Kingsburg City Of Tulare Lake -38% -49% -53%
Susanville City Of North Lahontan -30% -47% -50%
Riverbank City Of San Joaquin River -35% -46% -49%
Lemoore City Of Tulare Lake -33% -44% -47%
Glendora City Of South Coast -28% -43% -47%
Redding City Of Sacramento River -22% -39% -44%
California Water Service Company - Westlake South Coast -24% -38% -43% Bakersfield City Of Tulare Lake -24% -37% -42%
Brawley City Of Colorado River -21% -38% -42%
Sanger City of Tulare Lake -24% -38% -41%
Arcadia City Of South Coast -22% -37% -41%
Livingston City Of San Joaquin River -31% -39% -41%
Los Banos City Of San Joaquin River -26% -38% -41%
Rio Vista City Of Sacramento River -24% -37% -41%
Exeter City Of Tulare Lake -23% -36% -40%
Anderson City Of Sacramento River -18% -36% -40%
Merced City Of San Joaquin River -23% -35% -38%
Kerman City Of Tulare Lake -22% -34% -37%
Turlock City Of San Joaquin River -21% -33% -37%
Golden State Water Company - Cordova Sacramento River -22% -34% -37% Beverly Hills City Of South Coast -18% -32% -36%
Manteca City Of San Joaquin River -21% -33% -36%
Ripon City Of San Joaquin River -20% -32% -36%
Modesto City Of San Joaquin River -18% -32% -36%
Newman City Of San Joaquin River -17% -33% -36%
El Centro City Of Colorado River -17% -33% -36%
California Water Service Company - Palos Verdes South Coast -11% -29% -35% Shasta Lake City Of Sacramento River -10% -32% -35%
Yreka City Of North Coast -14% -31% -35%
Adelanto City Of South Lahontan -9% -32% -34%
Burbank City Of South Coast -18% -31% -34%
Monrovia City Of South Coast -17% -30% -34%
Covina City Of South Coast -15% -31% -34%
Colton City Of South Coast -12% -30% -34%
Chowchilla City Of San Joaquin River -10% -30% -34%
Folsom City Of Sacramento River -20% -31% -34%
West Sacramento City Of Sacramento River -15% -29% -33% Reedley City Of Tulare Lake -14% -29% -32%
Dinuba City Of Tulare Lake -13% -29% -32%
San Bernardino City Of South Coast -15% -29% -32%
La Verne City Of South Coast -11% -27% -32%
Oakdale City Of San Joaquin River -19% -30% -32%
Red Bluff City Of Sacramento River -6% -26% -32%
Golden State Water Company - Orcutt Central Coast -8% -26% -31% Fresno City Of Tulare Lake -11% -26% -30%
Upland City Of South Coast -14% -27% -30%
Tracy City Of San Joaquin River -16% -27% -30%
Indio City Of Colorado River -11% -25% -30%
Water Conservation Draft Regulations: Provisional Data from the State Water Resources Control Board 2035%
Projected Water Reduction %
Packet Pg. 466
Attachment: ^Copy of Water Conservation Draft Regs from SWRCB_Cities (4.11(e)--Authorize Mayor to Sign SWRCB Draft Regulation California Water Service Company - Visalia Tulare Lake -4% -24% -29% Azusa City Of South Coast -13% -26% -29%
Tustin City Of South Coast -12% -26% -29%
Santa Paula City Of South Coast -11% -26% -29%
Golden State Water Company - South Arcadia South Coast -8% -27% -29% Patterson City Of San Joaquin River -15% -27% -29%
California Water Service Company - Chico Sacramento River -4% -24% -29% Imperial City Of Colorado River -7% -26% -29%
Soledad City Of Central Coast -13% -27% -29%
La Palma City Of South Coast -13% -25% -28%
Sierra Madre City Of South Coast -2% -22% -28%
California Water Service Company - Bakersfield Tulare Lake -6% -23% -27% Tulare City Of Tulare Lake -5% -22% -27%
Golden State Water Company - Barstow South Lahontan 0% -24% -27% Santa Fe Springs City Of South Coast -16% -25% -27%
Redlands City Of South Coast -14% -24% -27%
Manhattan Beach City Of South Coast -13% -24% -27%
Norco City Of South Coast -1% -22% -27%
Ukiah City Of North Coast -9% -25% -27%
Calexico City Of Colorado River -6% -23% -27%
Clovis City Of Tulare Lake -6% -21% -26%
Loma Linda City Of South Coast -8% -22% -26%
Pasadena City Of South Coast -2% -22% -26%
Coalinga City Of Tulare Lake -8% -23% -25%
Hanford City Of Tulare Lake -4% -20% -25%
California City South Lahontan 0% -23% -25%
El Segundo City Of South Coast -10% -22% -25%
Galt City Of Sacramento River -2% -20% -25%
La Habra City Of South Coast -7% -21% -24%
Rialto City Of South Coast -3% -20% -24%
Tehachapi City Of Tulare Lake -12% -21% -23%
Brea City Of South Coast -8% -20% -23%
Corona City Of South Coast -7% -19% -23%
Alhambra City Of South Coast -6% -21% -23%
Fairfield City Of Sacramento River -8% -20% -23%
Yuba City Sacramento River -2% -19% -23%
Lincoln City Of Sacramento River -2% -18% -23%
Greenfield City Of Central Coast -8% -21% -23%
Chino City Of South Coast -7% -19% -22%
Fillmore City Of South Coast -5% -19% -22%
Monterey Park City Of South Coast -3% -19% -22%
Hemet City Of South Coast -1% -20% -22%
Brentwood City Of San Joaquin River -6% -18% -22%
Madera City Of San Joaquin River -1% -18% -22%
Vacaville City Of Sacramento River -3% -18% -22%
Hollister City Of Central Coast -6% -20% -22%
Wasco City Of Tulare Lake 0% -17% -21%
California Water Service Company - Selma Tulare Lake 0% -17% -21% Orange City Of South Coast -2% -17% -21%
Golden State Water Company - San Dimas South Coast 0% -16% -21% California Water Service Company - Hermosa/Redondo South Coast -6% -18% -20% Golden State Water Company - South San Gabriel South Coast -3% -19% -20% Golden State Water Company - Simi Valley South Coast 0% -16% -20% Packet Pg. 467
Attachment: ^Copy of Water Conservation Draft Regs from SWRCB_Cities (4.11(e)--Authorize Mayor to Sign SWRCB Draft Regulation Golden State Water Company - Claremont South Coast 0% -13% -20% Thousand Oaks City Of South Coast 0% -15% -20%
California Water Service Company - Bear Gulch San Francisco Bay 0% -13% -20% Banning City Of Colorado River 0% -17% -20%
Newport Beach City Of South Coast -7% -16% -19%
Torrance City Of South Coast -4% -16% -19%
Seal Beach City Of South Coast -2% -16% -19%
South Pasadena City Of South Coast 0% -14% -19%
Lathrop City Of San Joaquin River -2% -16% -18%
California Water Service Company - Livermore San Francisco Bay 0% -13% -18% Sacramento City Of Sacramento River 0% -13% -18%
Coachella City Of Colorado River 0% -14% -18%
Buena Park City Of South Coast -2% -15% -17%
Stockton City Of San Joaquin River 0% -12% -17%
Martinez City Of San Francisco Bay -17% -17% -17%
California Water Service Company - Marysville Sacramento River 0% -13% -17% Whittier City Of South Coast 0% -12% -16%
Chino Hills City Of South Coast 0% -11% -16%
Pomona City Of South Coast 0% -13% -16%
Ceres City Of San Joaquin River 0% -12% -16%
Lodi City Of San Joaquin River 0% -11% -16%
Antioch City Of San Joaquin River 0% -12% -16%
Vallejo City Of San Francisco Bay 0% -12% -16%
California Water Service Company - Oroville Sacramento River 0% -13% -16% Arroyo Grande City Of Central Coast 0% -12% -16%
Gilroy City Of Central Coast 0% -13% -16%
Shafter City Of Tulare Lake 0% -9% -15%
Ontario City Of South Coast -2% -13% -15%
Camarillo City Of South Coast 0% -11% -15%
Garden Grove City Of South Coast 0% -12% -15%
Glendale City Of South Coast 0% -12% -15%
Pittsburg City Of San Francisco Bay 0% -12% -15%
San Jacinto City Of South Coast 0% -11% -14%
Livermore City Of San Francisco Bay -4% -11% -14%
Hillsborough Town Of San Francisco Bay 0% -5% -14%
Norwalk City Of South Coast 0% -11% -13%
Downey City Of South Coast 0% -10% -13%
California Water Service Company - Los Altos San Francisco Bay 0% -6% -13% Roseville City Of Sacramento River 0% -9% -13%
Rohnert Park City Of North Coast 0% -9% -13%
Blythe City Of Colorado River 0% -7% -13%
Porterville City Of Tulare Lake 0% -6% -12%
San Fernando City Of South Coast 0% -9% -12%
Westminister City Of South Coast 0% -9% -12%
Los Angeles City Department Of Water And Power South Coast 0% -9% -12% San Jose City Of - Evergreen Edenvale Coyote San Francisco Bay -1% -10% -12% Woodland City Of Sacramento River 0% -8% -12%
Morgan Hill City Of Central Coast 0% -8% -12%
Cerritos City Of South Coast 0% -7% -11%
Fullerton City Of South Coast 0% -7% -11%
Anaheim City Of South Coast 0% -7% -11%
Sonoma City Of San Francisco Bay 0% -6% -11%
San Clemente City Of South Coast 0% -6% -10%
Packet Pg. 468
Attachment: ^Copy of Water Conservation Draft Regs from SWRCB_Cities (4.11(e)--Authorize Mayor to Sign SWRCB Draft Regulation Huntington Beach City Of South Coast 0% -7% -10%
Pleasanton City Of San Francisco Bay 0% -5% -10%
Santa Maria City Of Central Coast 0% -8% -10%
Delano City Of Tulare Lake 0% -5% -9%
Lakewood City Of South Coast -6% -7% -9%
Golden State Water Company - West Orange South Coast 0% -7% -9% Inglewood City Of South Coast 0% -7% -9%
San Buenaventura City Of (Ventura) South Coast 0% -5% -9% Golden State Water Company - Bay Point San Francisco Bay 0% -8% -9% San Juan Capistrano City Of South Coast -2% -5% -8%
Lomita City Of South Coast 0% -5% -8%
California Water Service Company - Dominguez South Coast 0% -6% -8% Riverside City Of South Coast 0% -3% -8%
American Canyon City Of San Francisco Bay 0% -6% -8%
Cloverdale City Of North Coast 0% -3% -8%
Golden State Water Company - Artesia South Coast 0% -4% -7% Hawthorne City Of South Coast 0% -6% -7%
Fountain Valley City Of South Coast 0% -4% -7%
Santa Monica City Of South Coast 0% -4% -7%
Redwood City San Francisco Bay 0% -4% -7%
Long Beach City Of South Coast 0% -3% -6%
Milpitas City Of San Francisco Bay 0% -4% -6%
Sunnyvale City Of San Francisco Bay 0% -3% -6%
California Water Service Company - Salinas Central Coast 0% -3% -6% Corcoran City Of Tulare Lake 0% 0% -5%
Santa Clara City Of San Francisco Bay 0% -2% -5%
California Water Service Company - San Mateo San Francisco Bay 0% -2% -5% Davis City Of Sacramento River 0% 0% -5%
Golden State Water Company - Culver City South Coast 0% 0% -4% Paramount City Of South Coast 0% -3% -4%
Escondido City Of South Coast 0% 0% -4%
California Water Service Company - Stockton San Joaquin River 0% 0% -4% Eureka City Of North Coast 0% -1% -4%
Pismo Beach City Of Central Coast 0% 0% -4%
Watsonville City Of Central Coast 0% -2% -4%
Pico Rivera City Of South Coast 0% 0% -3%
Benicia City Of San Francisco Bay 0% 0% -3%
Palo Alto City Of San Francisco Bay 0% 0% -3%
Healdsburg City Of North Coast 0% 0% -3%
Morro Bay City Of Central Coast 0% 0% -3%
Big Bear Lake City Of South Coast 0% 0% -2%
Poway City Of South Coast 0% 0% -2%
Grover Beach City Of Central Coast 0% 0% -2%
Lompoc City Of Central Coast 0% 0% -2%
Golden State Water Company - Southwest South Coast 0% 0% -1% Paso Robles City Of Central Coast 0% 0% -1%
Golden State Water Company - Norwalk South Coast 0% 0% 0% Golden State Water Company - Placentia South Coast 0% 0% 0% Golden State Water Company - Bell-Bell Gardens South Coast 0% 0% 0% Golden State Water Company - Florence Graham South Coast 0% 0% 0% Port Hueneme City Of South Coast 0% 0% 0%
El Monte City Of South Coast 0% 0% 0%
Huntington Park City Of South Coast 0% 0% 0%
Packet Pg. 469
Attachment: ^Copy of Water Conservation Draft Regs from SWRCB_Cities (4.11(e)--Authorize Mayor to Sign SWRCB Draft Regulation Lynwood City Of South Coast 0% 0% 0%
Compton City Of South Coast 0% 0% 0%
South Gate City Of South Coast 0% 0% 0%
California Water Service Company - East Los Angeles South Coast 0% 0% 0% Oceanside City Of South Coast 0% 0% 0%
Oxnard City Of South Coast 0% 0% 0%
Helix Water District South Coast 0% 0% 0%
Santa Ana City Of South Coast 0% 0% 0%
San Diego City Of South Coast 0% 0% 0%
Menlo Park City of San Francisco Bay 0% 0% 0%
Millbrae City Of San Francisco Bay 0% 0% 0%
East Palo Alto City Of San Francisco Bay 0% 0% 0%
Burlingame City Of San Francisco Bay 0% 0% 0%
San Bruno City Of San Francisco Bay 0% 0% 0%
Petaluma City Of San Francisco Bay 0% 0% 0%
California Water Service Company - South San Francisco San Francisco Bay 0% 0% 0% Mountain View City Of San Francisco Bay 0% 0% 0%
Napa City Of San Francisco Bay 0% 0% 0%
Daly City San Francisco Bay 0% 0% 0%
Hayward City Of San Francisco Bay 0% 0% 0%
Windsor Town Of North Coast 0% 0% 0%
Fortuna City Of North Coast 0% 0% 0%
Arcata City Of North Coast 0% 0% 0%
Crescent City North Coast 0% 0% 0%
Santa Rosa City Of North Coast 0% 0% 0%
San Luis Obispo City Of Central Coast 0% 0% 0%
Santa Barbara City Of Central Coast 0% 0% 0%
Santa Cruz City Of Central Coast 0% 0% 0%
Packet Pg. 470
Attachment: ^Copy of Water Conservation Draft Regs from SWRCB_Cities (4.11(e)--Authorize Mayor to Sign SWRCB Draft Regulation Packet Pg. 471
Attachment: ^Copy of Water Conservation Draft Regs from SWRCB_Cities (4.11(e)--Authorize Mayor to Sign SWRCB Draft Regulation

CITY OF REDDING

REPORT TO THE CITY COUNCIL

Recommendation

Accept Bid Schedule No. 5324 (Job No. 2687), Replace Asphalt Concrete Surfacing 2022 Project, awarded to JV Lucas Paving, Inc., as satisfactorily complete, with a final cost of $1,260,832.70.

Fiscal Impact

Streets Division funding in the amount of $1,600 ,000 was approved for this project for Fiscal Year 2022 -23. The total project cost, including surveying, design, bidding, construction, field engineering, inspection, and contract administration is $1,260,832.70.

Alternative Action

The City Council (Coun cil) may choose not to accept the project as satisfactorily complete and provide staff alternative direction.

Background

As of August 9, 2023, JV Lucas Paving, Inc., of Lafayette, California, has completed all items of work on the Replace A sphalt Concrete (AC) Surfacing 2022 Project, which was within the adjusted contract time frame following weather delays and additional work. Subsequently, t he Public Works Department filed a notice of completion with Shasta County. The project warranty period expires one year from the completion date.

At its meeting on February 7, 2023, the Council awarded a construction contract to JV Lucas Paving, Inc., for $1, 010,381.50 and approved a $200,000 construction contingency fund. Also authorized was $207,000 for contract administration and construction inspection fees and $105,000 for project development costs. The City Manager was authorized to approve additional increases in either the construction management or construction contingency amounts up to a MEETING DATE: October 2, 2023
ITEM NO. 4.11(f)
FROM:

***APPROVED BY***

[email protected]

[email protected]
SUBJECT: 4.11(f)--Accept Bid Schedule No. 5324 Replace AC Surfacing 2022 Project Chuck Aukland, Public
Works Director
Packet Pg. 472
Report to Redding City Council September 25, 2023
Re: 4.11(f)--Accept Bid Schedule No. 5324 Replace AC Surfacing 2022 Project Page 2

total of $25,000. The total authorized amount for the project was $1,547,381.50. Project development costs include engineering, environmental, and consultant services. During construction, there was one change order in the amount of $37,451.20, leaving a balance of $162,548.80 in the contingency fund. The final project cost was $1,260,832.70.

Cost Summary
Awarded Amounts Actual Cost
Project Development Costs $105,000.00 $105,000.00
Construction Contract +
Contingency $1,210,381.50
Construction Contract +
Contract Change Orders $1,047,832.70
Contract Administration &
Inspection $207,000.00 $108,000.00
Additional City Manager
Authority $25,000.00 $0.00
Total $1,547,381.50 $1,260,832.70

The project involved removing and replacing approximately 82,000 cubic feet of asphalt concrete in worn and deteriorated sections of Wyndham Lane and Eastside Road as well as appropriate traffic control, striping, and pavement markings as required.

Environmental Review

This action is not a project as defined b y the California Environmental Quality Act (CEQA), and no further action is required. On February 7, 2023 , the Council determined that the project is categorically exempt from review under the C EQA Guidelines, per Section 15301 (Existing Facilities).

Council Priority/City Manager Goals

This agenda item is a routine operational item.

Attachments
^Location Map
Previous Staff Report
Packet Pg. 473
Packet Pg. 474
Attachment: ^Location Map (4.11(f)--Accept Bid Schedule No. 5324 Replace AC Surfacing 2022 Project)

CITY OF REDDING

REPORT TO THE CITY COUNCIL

Recommendation

Authorize the following actions relative to Bid Schedule No. 5324 (Job No. 2687), Replace Asphalt Concrete (AC) Surfacing 2022:
(1) Award to JV Lucas Paving, Inc., in the amount of $1,010,381.50; (2) Approve an additional $207,000 to cover the cost of contract administration and inspection fees;
(3) Approve $200,000 to provide construction contingency funding; (4) Approve $105,000 for project development costs;
(5) Authorize the City Manager to approve additional increases, in eithe r the construction management or construction contingency amounts, up to a total of $25,000; and (6) Find that the project is categorically exempt from review under the California Environmental Quality Act (CEQA) Guidelines, per Section 15301 (Existing Facilities).

Fiscal Impact

This Replace Asphalt Concrete (AC) Surfacing 2022 (Project) is funded by the Streets Division and is included in its approved budget for Fiscal Year 2022 -23. Project cost components are estimated, and some shifting of the funds may be necessary to balance the project within the approved budget.

Cost Summary
Item Estimated
Project Development Costs $ 105,000
Construction Contract + Contingency $ 1,210,381.50
Contract Administration, Inspection, Testing $ 207,000
Additional City Manager Authority $ 25,000
Total Project Costs $ 1,547,381.50
Project Budget $ 1,600,000

MEETING DATE: February 7, 2023
ITEM NO. 4.11(b)
FROM:

***APPROVED BY***

[email protected]

[email protected]
SUBJECT: 4.11(b)--Award Bid Schedule No. 5324 (Job No. 2687), Replace Asphalt Concrete Surfacing 2022
Chuck Aukland, Public
Works Director

APPROVED
Packet Pg. 475
Attachment: Previous Staff Report (4.11(f)--Accept Bid Schedule No. 5324 Replace AC Surfacing 2022 Project) Report to Redding City Council January 27, 2023
Re: 4.11(b)--Award Bid Schedule No. 5324 (Job No. 2687), Replace Asphalt Concrete Surfacing 2022 Page 2

Alternative Action

The City Council may choose to not award the project or provide alternate direction to staff. If the project does not move forward , the streets will continue to deteriorate and may require roadway reconstruction.

Background/Analysis

This project involves removing and replacing approximately 82,000 cubic feet of asphalt concrete in worn and deteriorated sections of Wyndham Lane and Eastside Road.

Attached is a tabulation of the three bids opened on January 19, 2023. The low bid in the amount of $1,010,381.50 was received from J.V. Lucas Paving, Inc., of Lafayette, California. The engineer’s estimate was $1,125,028.50. Total projec t development costs for this project are estimated to be $105,000. Project development costs include engineering, environmental, and consultant services (design and construction support).

Environmental Review

Staff has determined that the project qualifi es as categorically exempt from environmental review under the California Environmental Quality Act (CEQA) Guidelines, per Section 15301.

Class 1 exemptions include the operation, repair, maintenance, or minor alteration of existing facilities, structures, or equipment involving negligible or no expansion of use. The project will extend the life of the existing pavement, but will not create additional vehicle capacity or result in expansion of use . The project has been reviewed for sensitive resources such as threatened or endangered species or their habitats, sensitive vegetation communities, tribal lands, or tribal cultural resources. The project has no potential to have a significant effect on the environment.

Council Priority/City Manager Goals

• This agenda item is a routine operational item.

Attachments
^Bid Tabulation
^Notice of Exemption
^Location Map

APPROVED
Packet Pg. 476
Attachment: Previous Staff Report (4.11(f)--Accept Bid Schedule No. 5324 Replace AC Surfacing 2022 Project)

APPROVED
Packet Pg. 477
Attachment: Previous Staff Report (4.11(f)--Accept Bid Schedule No. 5324 Replace AC Surfacing 2022

APPROVED
Packet Pg. 478
Attachment: Previous Staff Report (4.11(f)--Accept Bid Schedule No. 5324 Replace AC Surfacing 2022

APPROVED
Packet Pg. 479
Attachment: Previous Staff Report (4.11(f)--Accept Bid Schedule No. 5324 Replace AC Surfacing 2022 Project)

APPROVED
Packet Pg. 480
Attachment: Previous Staff Report (4.11(f)--Accept Bid Schedule No. 5324 Replace AC Surfacing 2022 Project)

CITY OF REDDING

REPORT TO THE CITY COUNCIL

Recommendation

Authorize the following actions relative to Bid Negotiation No. 5402 (Job No. 2707), Replace Asphalt Concrete Surfacing 2023:
(1) Award to Tullis, Inc, in the amount of $1,498,756.00; (2) Approve $192,200 to cover the cost of administration and inspection fees; (3) Approve $66,000 for project development costs;
(4) Approve $275,000 to provide construction contingency funding; (5) Authorize the City Manager to approve additional increases in either the construction management or construction contingency amounts up to a total of $25,000; (6) Approve the project design plans, specifications, and special provisions; and (7) Find that the project is categorically exempt from review under the California Environmental Quality Act Guidelines, pursuant to Section 15301 (c) – Existing Facilities.

Fiscal Impact

The Replace Asphalt Concrete Surfacing 2023 Project is funded by the Streets Division and is included in the approved Fiscal Year 2023 -24 Budget. Project cost components are es timated, and some shifting of the funds may be necessary to balance the project within the approved budget.

Cost Summary
Item Estimated
Project Development Costs $ 66,000.00
Construction Contract + Contingency $ 1,773,756.00
Contract Administration, Inspection, Testing $ 192,200.00 Additional City Manager Authority $ 25,000.00
Total Project Costs $ 2,056,956.00
Project Budget $ 2,100,000.00
MEETING DATE: October 2, 2023
ITEM NO. 4.11(g)
FROM:

***APPROVED BY***

[email protected]

[email protected]
SUBJECT: 4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace Asphalt Concrete Surfacing 2023 Project
Chuck Aukland, Public
Works Director
Packet Pg. 481
Report to Redding City Council September 22, 2023
Re: 4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project Page 2

Alternative Action

The City Council may choose not to award the project or provide alternate direction to staff. If the project does not move forward, the streets will continue to deteriorate and may require roadway reconstruction.

Background/Analysis

This project involves removing and replacing approximately 120,000 cubic feet of asphalt concrete in worn and deteriorated sections of Churn Creek Road, Browning Street, South Bonnyview Road and Airport Road, including associated striping, pavement marking, pavement markers, and all other work shown in the drawings and as required by the specifications.

Attached is a tabulation of the three bids opened on September 21, 2023. The low bid in the amount of $1, 498,756 was received from Tullis, Inc., of Redding, California. The engineer’s estimate was $1, 565,033. Total project development costs for this project ar e estimated to be $66,000. Project development costs include engineering, environmental, and consultant services (design and construction support).

Environmental Review

Staff has determined that the project is categorically exempt from environmental revi ew under the California Environmental Quality Act Guidelines, per Section 15301 (c). Class 1 exemptions include the operation, repair, maintenance, or minor alteration of existing facilities, structures, or equipment involving negligible or no expansion o f use. The project will extend the life of the existing pavement, but will not create additional vehicle capacity or result in expansion of use.

The project has been reviewed for sensitive resources such as threatened or endangered species or their habitat s, sensitive vegetation communities, tribal lands, or tribal cultural resources. The project has no potential to have a significant effect on the environment.

Council Priority/City Manager Goals

• This agenda item is a routine operational item.

Attachments
^Location Map
^Bid Tab
^Notice of Exemption
Plans
Specifications
Packet Pg. 482
Packet Pg. 483
Attachment: ^Location Map (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) BID TABULATION FOR:

Replace AC Surfacing 2023
Bid Schedule No.: 5402
ENGINEER'S EST J.F. Shea Construction Inc
9/21/2023 UNIT UNIT UNIT

ITEM DESCRIPTION UNIT QTY PRICE TOTAL PRICE TOTAL PRICE TOTAL 1 Water Pollution Control LS 1 $2,500.00 $2,500.00 $750.00 $750.00 $3,106.00 $3,106.00 2 Traffic Control LS 1 $130,000.00 $130,000.00 $88,000.00 $88,000.00 $148,081.07 $148,081.07 3 Replace Asphalt Concrete Surfacing (3/4" PG 64- CF 118137 $9.00 $1,063,233.00 $8.00 $945,096.00 $9.89 $1,168,374.93 4 Asphalt Concrete Overlay (3/4" PG 64-10) TON 1545 $90.00 $139,050.00 $85.00 $131,325.00 $88.00 $135,960.00 5 Shoulder Backing LF 16100 $2.00 $32,200.00 $3.00 $48,300.00 $1.40 $22,540.00 6 Traffic Loops EA 8 $2,500.00 $20,000.00 $2,500.00 $20,000.00 $2,550.00 $20,400.00 7 Thermoplastic Traffic Stripe (6") LF 67500 $1.00 $67,500.00 $1.65 $111,375.00 $1.65 $111,375.00 8 Thermoplastic Traffic Stripe (8") LF 7900 $2.00 $15,800.00 $2.40 $18,960.00 $2.40 $18,960.00 9 Pavement Markings (Thermoplastic) SF 5000 $8.00 $40,000.00 $15.00 $75,000.00 $15.00 $75,000.00 10 Pavement Marker EA 1650 $7.00 $11,550.00 $11.00 $18,150.00 $11.00 $18,150.00 11 Adjust Water Valve EA 24 $750.00 $18,000.00 $850.00 $20,400.00 $1,476.00 $35,424.00 12 Adjust Manhole EA 19 $1,200.00 $22,800.00 $1,000.00 $19,000.00 $1,865.00 $35,435.00 13 Adjust Monument EA 2 $1,200.00 $2,400.00 $1,200.00 $2,400.00 $1,732.00 $3,464.00 TOTAL - CONTRACT ITEMS $1,565,033.00 $1,498,756.00 $1,796,270.00 Tullis Inc
Shaded areas indicate corrections made in accordance with the Special Provisions. Page 1 of 2Packet Pg. 484 Attachment: ^Bid Tab (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing BID TABULATION FOR:

Replace AC Surfacing 2023
Bid Schedule No.: 5402
9/21/2023

ITEM DESCRIPTION UNIT QTY
1 Water Pollution Control LS 1
2 Traffic Control LS 1
3 Replace Asphalt Concrete Surfacing (3/4" PG 64- CF 118137 4 Asphalt Concrete Overlay (3/4" PG 64-10) TON 1545
5 Shoulder Backing LF 16100
6 Traffic Loops EA 8
7 Thermoplastic Traffic Stripe (6") LF 67500
8 Thermoplastic Traffic Stripe (8") LF 7900
9 Pavement Markings (Thermoplastic) SF 5000
10 Pavement Marker EA 1650
11 Adjust Water Valve EA 24
12 Adjust Manhole EA 19
13 Adjust Monument EA 2

TOTAL - CONTRACT ITEMS

AVERAGES

UNIT UNIT

PRICE TOTAL PRICE
$800.00 $800.00 $1,552.00
$180,000.00 $180,000.00 $138,693.69
$11.63 $1,373,933.31 $9.84
$125.00 $193,125.00 $99.33
$2.40 $38,640.00 $2.27
$2,500.00 $20,000.00 $2,516.67
$1.65 $111,375.00 $1.65
$2.40 $18,960.00 $2.40
$15.00 $75,000.00 $15.00
$11.00 $18,150.00 $11.00
$1,700.00 $40,800.00 $1,342.00
$2,100.00 $39,900.00 $1,655.00
$2,200.00 $4,400.00 $1,710.67
$2,115,083.31 $1,803,369.77
S.T. Rhoades Construction,
Inc
Shaded areas indicate corrections made in accordance with the Special Provisions. Page 2 of 2Packet Pg. 485 Attachment: ^Bid Tab (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing Packet Pg. 486
Attachment: ^Notice of Exemption (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) Packet Pg. 487
Attachment: Plans (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) Packet Pg. 488
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Attachment: Plans (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) Packet Pg. 512
Attachment: Plans (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project)

SPECIFICATIONS

For

REPLACE AC SURFACING 2023
(Job No. 2707)

BID NEGOTIATION NO. 5402

Prepared by:

City of Redding
Public Works Department
Engineering Division

Chuck Aukland, City Engineer Date

FOR INFORMATION CONCERNING THIS PROJECT, CONTACT:

Tom Semb 530-225-4506, [email protected]

Packet Pg. 513
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 2 PROPOSAL DOCUMENTS (BOUND SEPARATELY)
ENGINEER’S ESTIMATE ........................................................................................................ P1 PUBLIC CONTRACT CODES SECTIONS 10162 & 10232 ..................................................... P2 PUBLIC CONTRACT CODES SECTION 10285.1 ................................................................... P3 NONCOLLUSION AFFIDAVIT ................................................................................................ P4 LIST OF SUBCONTRACTORS ............................................................................................... P5 SIGNATURE PAGE ................................................................................................................. P6 BIDDER’S BOND .................................................................................................................... P7

SPECIAL PROVISIONS
NOTICE INVITING BIDS ........................................................................................................... 4 INSTRUCTIONS TO BIDDERS ................................................................................................. 6 PUBLIC WORK AGREEMENT ................................................................................................. 10 PUBLIC WORKS PAYMENT (LABOR AND MATERIALS) BOND ..........................................12 PUBLIC WORKS PERFORMANCE BOND ..............................................................................13 PUBLIC WORKS MAINTENANCE BOND ...............................................................................14 SUPPLEMENTAL DISPOSAL SITE AGREEMENT ................................................................. 15 SUBCONTRACTING REQUEST ..............................................................................................17 TEMPORARY WASTEWATER DISCHARGE APPLICATION .................................................19 REFERENCE DOCUMENTS ....................................................................................................21 PROJECT INTRODUCTION AND SPECIAL REQUIREMENTS...............................................22 SCOPE OF THE WORK........................................................................................................22 TIME OF COMPLETION .......................................................................................................22 MISCELLANEOUS REQUIREMENTS ..................................................................................22 Preconstruction Conference ...........................................................................................22 Watering ...........................................................................................................................22 Surface Mining and Reclamation Act .............................................................................23 Contract Provision Requiring Personal Certification of all Claims ..............................23 Construction Area Signs ................................................................................................. 23 Sound Control Requirements .........................................................................................24 Erosion Control ................................................................................................................24 Local Topsoil ....................................................................................................................28 Plastic Netting ..................................................................................................................29 Fiber Rolls ........................................................................................................................29 As-Built/Record Documents ............................................................................................ 30 Contract Item List ............................................................................................................32 PART 1 GENERAL PROVISIONS ............................................................................................ 37 Packet Pg. 514
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 3 SECTION 1 GENERAL .........................................................................................................37 SECTION 2 SCOPE OF WORK ............................................................................................ 40 SECTION 3 CONTROL OF THE WORK ...............................................................................42 SECTION 4 CONTROL OF MATERIALS .............................................................................47 SECTION 5 LEGAL RELATIONS & RESPONSIBILITIES ....................................................47 SECTION 6 PROSECUTION AND PROGRESS ...................................................................55 SECTION 7 MEASUREMENT AND PAYMENT ....................................................................56 PART 2 MODIFICATIONS TO CONSTRUCTION MATERIALS ...............................................60 SECTION 200 ROCK MATERIALS ......................................................................................60 SECTION 203 BITUMINOUS MATERIALS...........................................................................60 SECTION 207 GRAVITY PIPE ..............................................................................................60 SECTION 210 PAINT AND PROTECTIVE COATINGS ........................................................61 SECTION 217 BEDDING AND BACKFILL MATERIALS .....................................................62 PART 3 MODIFICATIONS TO CONSTRUCTION METHODS ..................................................63 SECTION 300 EARTHWORK ...............................................................................................63 SECTION 301 SUBGRADE PREPARATION, TREATED MATERIALS, AND PLACEMENT OF BASE MATERIALS .........................................................................................................64 SECTION 302 ROADWAY SURFACING ..............................................................................65 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION ..........................................66 SECTION 306 OPEN TRENCH CONDUIT CONSTRUCTION ............................................68 SECTION 314 TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS........................................................................................................70 PART 4 EXISTING IMPROVEMENTS ......................................................................................72 SECTION 400 PROTECTION AND RESTORATION .........................................................72 SECTION 401 REMOVAL .....................................................................................................72 SECTION 402 UTILITIES ......................................................................................................73 PART 6 TEMPORARY TRAFFIC CONTROL .......................................................................74 SECTION 600 ACCESS .....................................................................................................74 SECTION 601 TEMPORARY TRAFFIC CONTROL FOR CONSTRUCTION AND MAINTENANCE WORK ZONES ...........................................................................................76

Drawings ...................................................................................................... A-33041 to A-33066 Packet Pg. 515
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 4 NOTICE INVITING BIDS
REPLACE AC SURFACING 2023
(Job No. 2707)
BID NEGOTIATION NO. 5402

In accordance with the Municipal Code of the City of Redding, sealed bids will be received at the office of the City Clerk, 777 Cypress Avenue, Redding, CA 96001, until 3 p.m., September 21, 2023, at which time they will be publicly opened and read for the performing of the work as follows:

Street surface preparation, approximately 118,000 cubic feet of replace asphalt concrete surfacing, traffic control, striping, pavement marking, pavement markers, and all other work shown in the drawings and as required by the specifications at various locations in the City.

The Engineer’s Estimate is $1,565,000. There are 35 working days.

The Contractor shall possess a valid Class A or C-12 license at the time bid is opened.

No contractor or subcontractor may be listed on a bid proposal for this project unless registered with the Department of Industrial Rel ations pursuant to Labor Code Section 1725.5. Failure to register prior to bid opening shall cause the bid to be deemed nonresponsive and no exception will be allowed including the renewal exception allowed in Labor Code Section 1725.5(c).

No contractor or subcontractor may work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Each bid shall be made in accordance with the specifications and proposal requirements thereof and no bid will be received unless it is made on a proposal form furnished by the City Engineer.

Each bid must be accompanied by cash, certified or cashier’s check, or original bidder’s bond made payable to the City of Redding for an amount equal to at least ten percent (10%) of the total amount of the bid as a guarantee that the Contractor will execute the contract in conformance with his proposal and the specifications. Such Guarantee shall be forfeited should the bidder to whom the contract is awarded fail to enter into the contract.

The City of Redding hereby notifies all bidders that it will affirmatively insure that in any contract entered into pur suant to this advertisement, all businesses will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, gender, disability, or other protected class in consideration for an award.

The State of California general prevailing wage rate shall be the current prevailing wage for each craft, classification, or type of workman needed to execute the contract as determined by the Director of the California Depar tment of Industrial Relations, pursuant to California Labor Code Part 7, Chapter 1, Sections 1770, 1773, and 1773.1. Copies of the current prevailing wage rates are available on their internet web site at:
www.dir.ca.gov/DLSR/PWD

Packet Pg. 516
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 5 Copies of referenced Standard Specifications for Public Works Construction, commonly called the “Greenbook,” 2021 Edition containing the General Provisions and Standard Technical Specifications may be obtained from Building News, I nc., 990 Park Center Drive, Suite E, Vista CA 92081 (888) 264-2665.

Plans, specifications, proposal, contract forms, and addenda may be obtained at www.cityofredding.org/pwbids at no charge. Supporting documents as required (i.e. environmental permits, geotechnical reports, record drawings, etc.) will also be posted on this site. Supporting and informational documents are for informational purposes only and for the convenience of the Bidders and are not considered a part of the Contract.

City bid documents are provided electronically and free of charge. It is the responsibility of each prospective bidder to verify the completeness of their printed bid documents before submitting their bid and accompanying executed addenda acknowledgement forms. Users are cautioned that City of Redding does not assume any liability or responsibility based on any defective or incomplete copying, excerpting, scanning, faxing, downloading, or printing of the contract documents.

The contract documents shall supersede any information posted or transmitted by www.cityofredding.org/pwbids.

Be advised that the information contained on www.cityofr edding.org/pwbids may change and without notice to prospective bidders. It is the responsibility of each prospective bidder to check the City’s website www.cityofredding.org/pwbids on a daily basis through the close of bids for any applicable addenda or updates. Notifications updates, bidder inquiries, or addenda will not be provided via email or any other method.

For general information please contact the City of Redding Public Works – Engineering office at 530-225-4170. For technical questions please contact Tom Semb at 530-225-4506, [email protected]. Bids must be submitted on City supplied forms. No bid will be accepted from a contractor who is not licensed in accordance with the provisions of C alifornia Business and Professions Code Sections 7000 et seq. and regulations adopted by the Contractors’ State Licensing Board, as amended. The envelope enclosing the proposal shall have stated thereon, “Replace AC Surfacing 2023, (Bid Negotiation No. 5402).”

The City Council of the City of Redding reserves the right to accept or reject any and/or all bids and to make that award which is in the best interest of the City.

CHUCK AUKLAND, CITY ENGINEER

Publishing Dates:

August 28, 2023

Packet Pg. 517
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 6 INSTRUCTIONS TO BIDDERS

A. INTRODUCTION

Each proposal shall be made in accordance with the specifications and contract documents prepared by the City of Redding, Public Works Department, Engineering Division, 777 Cypress Avenue, Redding, CA 96001.

B. BIDDER’S UNDERSTANDING

The Bidder shall examine carefully the site of the proposed work and the Contract Documents therefor. The submission of a proposal shall be conclusive evidence that the Bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality and quantities of work to be performed and materials to be furnished, and as to the requirements of the contract documents.

C. PREPARATION AND SUBMISSION OF PROPOSALS

Proposals shall be submitted on the forms provided by the City Engineer and must be signed by the Bidder or his authorized representative. When signing the proposal, please set forth whether the entity/individual is a corporation, a partnership, a joint venture, a sole proprietorship, etc. The name of the person signing the documents, as well as their authorized capacity, must be typed or printed below the signature. Any corrections to entries made on proposal forms shall be initialed by the person signing the proposal.

Bidders must quote on all items appearing on the Proposal form, unless specific directions allow for partial bids. Failure to quote an item means that the item will be provided at no cost. The bidder shall legibly enter unit or lump sum price in figures, for all items required on the Proposal.

When bids on all items are not required, Bidders shall insert the wor ds “NO BID” where appropriate. In case of discrepancy, between unit prices and totals, unit prices will prevail. Failure to legibly quote on items may disqualify the bid. Alternat e bids will not be considered unless specifically called for in the proposal form.

Telegraphic and facsimile proposals will not be considered.

In order to insure consideration, the proposal shall be enclosed in a sealed envelope clearly marked PROPOSAL, including the name of the job, and the opening date and filed with the City Clerk, City of Redding, 777 Cypress Avenue, Redding, CA 96001, before the time set forth in the Notice Inviting Bids . Proposals received after the time indicated will be returned unopened whether or not bids are opened exactly at the time fixed in the Notice Inviting Bids.

D. PROPOSAL GUARANTY

All Bids shall be accompanied by cash, certified check, cashier’s check, or bidder’s bond executed by a lawfully authorized surety company, made payable to the City of Redding.

The Proposal Guaranty must be enclosed in the same envelope with the proposal. The amount of the Proposal Guaranty shall not be less than 10 percent of the total amount of the Proposal unless otherwise noted in the Not ice Inviting Bids. The Proposal will not be considered unless one of the forms of Proposal Guaranty is enclosed with it. Bidder’s Bond shall be dated.

Packet Pg. 518
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 7 A Bidder’s Bond will be accepted only if it is an original made out on either the Bidder’s bond form enclosed in these documents or on a form which conforms to it. Bidder’s Bond shall be signed by Bidder and by Surety. Surety’s signature shall be notarized and the proof of notary and the power of attorney shall also be original and attached to the original bond at the time the bid is opened. Copies will not be accepted in satisfaction of these requirements.

E. PUBLIC WORKS CONTRACTOR REGISTRATION PROGRAM

All contractors and subcontractors who bid or work on a public works project must register with the Department of Industrial Relations (DIR) at:

http://www.dir.ca.gov/Public-Works/PublicWorks.html

The City will not accept a bid with, enter into a contract with, or allow work on a projec t from an unregistered contractor. Failure of a prime contractor to register prior to bid opening shall cause the bid to be deemed nonresponsive by the City and no exception will be allowed including the renewal exception allowed in Labor Code Section 1725.5(c).

An inadvertent error in listing a subcontractor who is not registered pursuant to Labor Code Section 1725.5 in a bid proposal will be allowed, provided that within 24 hours after the bid opening, the subcontractor is registered and has paid the penalty registration fee specified in subparagraph (E) of paragraph (2) of subdivision (a) of Labor Code Section 1725.5.

F. LIST OF SUBCONTRACTORS

Each bidder shall submit with his Proposal a list of subcontractors in conformance with Section 3-3, “Subcontractors,” of the Standard Specifications. Public Contract Code Section 4104 requires contractors to list subcontractor license numbers at time of bid. Failure to list the license number shall cause the bid to be deemed nonresponsive.

Subcontractors may be listed on more than one Prime Contractor bid.

G. Addenda and Explanations to Bidders

Any explanation regarding the meaning or interpretation of plans, specifications, or other Contract Documents shall be requested in writing, with sufficient allowance of t ime for receipt of reply before the time set for opening of proposals. Any such explanations or interpretations will be made in the form of Addenda to the documents and will be furnished to all listed planholders.

Bidders shall acknowledge receipt via email at [email protected] of all Addenda
posted on www.cityofredding.org/pwbids prior to bid opening. Failure to acknowledge receipt of all Addenda via email shall cause the bid to be nonresponsive and may be rejected. Oral explanations and interpretations shall not be binding.

All bidder inquiries must be received 7 calendar days prior to the bid opening.

H. Correction of Withdrawal of Proposals

Bid proposal packets shall be submitted to the City Clerk’s office prior to the closing date and time indicated in the Notice Inviting Bids. Bid proposal packets shall not be considered as officially submitted until the Clerk’s office has stamped and accepted the proposals. Once bid proposal Packet Pg. 519
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 8 packets are officially received, the packets shall not be returned to the bidder and any changes or corrections to the bid proposal shall only be allowed as follows:

1. Request for Correction to Bid Proposal

Any changes or corrections to the bid proposal shall be made in writing, shall clearly define the nature of the changes, and shall be hand delivered to the City Clerk’s office in person prior to the official closing time for submitting proposals. The writt en changes or corrections shall be submitted in a sealed envelope which has the bidders name and bid schedule number clearly marked on the outside. The envelope shall also clearly indicate on the front that it contains a correction to the original bid.

The Clerk’s office shall stamp the new envelope as “Received” and sign and date the front of the envelope. The bidder (or the bidder ’s representative) and the office staff person shall both sign, date, and print their names over the seal of both the original bid proposal packet and the new envelope containing the corrected documents as ev idence that the two envelopes w ere not opened. In the presence of the bidder (or the bidder’s representative), the office staff person shall staple the new envelope to the original bid proposal packet.

At the bid opening, the person supervising the bid opening shall open and publicly announce the contents of both the original bid proposal packet and the new envelope with the corrections. The material in both envelopes shall be treated as one document and the correction document shall take precedence in determining the corrected bid amount. The Clerk’s office shall maintain both documents in the bid file along wi th both sides of the envelopes.

2. Request for Withdrawal of Bid Prior to Bid Opening

Requests for withdrawal of bids shall be made either in person or in writing. No telephonic requests, FAX transmittals, or emails shall be considered for the withdrawal of a bid.

If the request is made in person, the requesting party and the office staff person processing the request shall both sign their names and write the date over the seal on the bid proposal envelope as evidence that it was not opened. The office staff person shall then write on the front of the bid proposal envelope “Bid requested to be withdrawn on [date] by [printed name of requesting part y].” The office staff person and the requesting party shall then sign, date and print their names on the front of the bid proposal envelope. A copy of the front and back of the bid envelope shall be kept in the bid file.

If the request is made in writing, the office staff person shall sign his/her name and write the date over the seal of the bid proposal envelope. The office staff person shall then write on the front of the bid proposal envelope “Bid requested to be withdrawn by letter from [name] dated [date].” The office staff person shall then sign, date, and print his/her name on the front of the bid proposal envelope and shall staple a copy of the letter requesting the bid withdrawal to the bid proposal envelope. The original letter and a copy of the front and back of the signed bid envelope shall be kept in the bid file.

At the bid opening, the bid proposal packet will NOT be opened. The bid proposal packet and a copy of the letter requesting withdrawal, if any, shall be returned unopened to the bidder in the same manner as bid securities are returned to unsuccessful bidders.

Packet Pg. 520
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 9 I. BID OPENING

At the time and place fixed for opening of Proposals, the contents of al l proposals will be read publicly. All bidders and other interested parties are invited to be present in person or by representatives.

J. PLANS AND SPECIFICATIONS

Upon request, the Contractor will be provided five (5) sets of plans (11 x 17) and specifications at the Preconstruction Conference. Additional sets will be available from the Engineer at the Contractor’s expense.

Packet Pg. 521
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project)

PUBLIC WORK AGREEMENT

THIS AGREEMENT, made and entered into in d uplicate, on the date below written, by and between the CITY OF REDDING, State of California, a Municipal Corporation and General Law, City through its City Council, hereinafter referred to as City, and Contractor
Address
City
hereinafter referred to as Contractor.

WITNESSETH, that, for the considerations hereinafter mentioned, the City and the Contractor agree as follows:

The Contractor agrees, at his own expense, to furnish all labor, materials, tools and equipment, and to perform all the work required to construct and complete in good and workmanlike manner, in strict accordance with the Contract Documents, and to the satisfaction of the City, those improvements entitled:

Project Title
Bid No. #
Job No. #

The Contract Documents herein referred to consist of the following document:

Notice Inviting Bids
Instructions to Bidders
Proposal
Bidder’s Bond
Agreement
Payment Bond
Performance Bond`
General Provisions
Special Provisions
Addendum
Contract Drawings
Public Liability Insurance
Fire Insurance
Workers’ Compensation Insurance

It is expressly agreed between the parties hereto that should there be any conflict between the terms of this instrument, or any of the other Contract Documents, and the bid or proposal of the Contractor, then this instrument, together with the other Contract Documents, shall cont rol and nothing therein shall be considered as an acceptance of the terms of said bid or proposal of said Contractor.

The City shall make payments on the account of the Contract as specified in the General Provisions.

Except as provided in Section 12940 et seq. of the Government Code, Contractor shall not discriminate against any person because of his/her race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sexual orientation, domestic partners, sex gender identify, gender expression, age or other protected class nor refuse to hire or employ the person or to refuse to select the person for a training program leading to employment, or to discriminate agains t the person in compensation or in terms, conditions or privileges of employment. The Contractor shall insert in all subcontracts for any work covered by this [agreement/contract] this nondiscrimination provisions.

Packet Pg. 522
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) The City agrees to pay the Contractor for the performance of the contract, subject to additions and deductions provided therein, the following prices, and the Contractor agrees to receive and accept said following prices as full compensation for furnishing all materials and for doing all the w ork contemplated and embraced in this agreement, and for all loss or damage arising out of the nature of the aforesaid work or from the action of the elements and from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work, and for all expenses incurred by or in consequence of the suspension or discontinuance of the work and for well and faithfully completing the work and the whole thereof in the manner and according to the Contract Documents and the requirements of the City Engineer, to wit:

The Contractor shall commence work within the time period set forth in the General Provisions and shall diligently pr osecute the same to completion within ________ (__) working days from the date of the commencement of work.

IN WITNESS WHEREOF, the parties to these presents have hereto set our hands and seals this ___ day of ________, 2023.

APPROVED AS TO FORM:

By:

CITY OF REDDING

By:

City Attorney Mayor
Name of Contractor
ATTEST:

By:

Type of Entity
City Clerk Taxpayer Identification

By:
“Name” as Filed with IRS

By:

Contractor

By:
(Seal)
Packet Pg. 523
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 12 BOND NO.:

PUBLIC WORKS PAYMENT (LABOR AND MATERIALS) BOND

KNOW ALL MEN BY THESE PRESENTS:

THAT WHEREAS, the City Council of the City fo Redding, a Municipal Corporation, in the State of California as Owner, has on , conditionally awarded to as Principal, a Contract to do and perform the following work to-wit:

as will more full appear in said Co ntract, the terms and conditions of said contract being fully incorporatred herein by this reference; and
WHEREAS, under the terms of the Contract and pursuant to Chapter 5 of Title 3 of Part 6 of Division 4 of the California Civil Code (commencing with Civil Code 9550), Principal is required to furnish a good and sufficient payment bond to secure payment of the claims to which reference is made in Civil Code Section 9554; NOW, THEREFORE, we, the Principal and , a corporation duly authorized and admitted to transact business and issue surety bonds in the State of California, hereinafter call Surety, are held and firmly bound unto the Owner, and unto all persons or entities entitled to assert a claim against a payment bond under any of the aforesaid Civil Code provisions in the penal sum of Dollars ($ ) lawful
money of the United States of America, for the payment whereof, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLI GATION IS SUCH , that if said Principal, his or its heirs, executors, administrators, successors or assigns, or subcontractors, shall fail to pay for any materials or equipment furnished or used in performance of the Contract, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board or the Employment Development Department from wages of employees of the Contractor and all subcontractors with respect to such work or labor, then the Surety shall pay the same in an amount not to exceed the sum specified above. If suit is brought upon this bond, Surety shall pay, in addition to the above sum, all costs, expenses and fees, including attorney’s fees, reasonably incurred by any party in successfully enforcing the obligation secured hereby, all to be taxed as costs and included in any judgment rendered. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect, and shall bind Contractor, Surety, their heirs, executors, administrators, successors and assigns, jointly and severally.

It is hereby stipulated and agreed that this bond shall insure to the benefit of all persons, companies, corporations, political subdivisions, State agencies and other entities entitled to assert a claim against a payment bond under any of the aforesaid Civil Code provisions, so as to give a right of action to them or their assigns in any suit brought upon this bond. The Surety, for value recei ved, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. Furthermore, and for valuable considerations, Surety hereby waives the provisions of California Civil Code Sections 2819, 2845, and 2849.

IN WITNESS WHEREOF, we have hereto set our hands and seals on this day of , .

APPROVED AS TO FORM:

Principal
City Attorney By:

ATTEST: (Seal)

Sharlene Tipton, City Clerk Name of Surety
By: (Seal)
Attorney-In-Fact

Packet Pg. 524
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 13 Bond No.:

PUBLIC WORKS PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS

as will more fully appear in said contract, the terms and conditions of said contract being fully incorporated herein by this reference.

WHEREAS, said Principal is required under terms of said contract to furnish a bond for the faithful performance of said contract;

THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors, administrators, successors or assigns, or subcontractors, shall in all things stand to and abide by, and w ell truly keep and perform the covenants, conditions, and agreements in the said contract and any alteration thereof as there provided, on his or their part, to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning and shall indemnify and save harmless the Owner, its officers, and agents as therein stipulated then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue.

As the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications.

IN WITNESS WHEREOF, we have hereto set our hands and seals on this day of , .

APPROVED AS TO FORM:

Principal
City Attorney By:

ATTEST: (Seal)

Sharlene Tipton, City Clerk Name of Surety
By: (Seal)
Attorney-In-Fact
Packet Pg. 525
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 14 Bond No.:

PUBLIC WORKS MAINTENANCE BOND

KNOW ALL MEN BY THESE PRESENTS

WHEREAS, said Principal has heretofore entered into a contract with the Obligee above named for , and

WHEREAS, the work called for under said contract has been completed and accepted by said Obligee:

IN WITNESS WHEREOF, we have hereto set our hands and seals on this day of , .

APPROVED AS TO FORM:

Principal
City Attorney By:

ATTEST: (Seal)

Sharlene Tipton, City Clerk Name of Surety
By: (Seal)
Attorney-In-Fact

Packet Pg. 526
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 15 SUPPLEMENTAL DISPOSAL SITE AGREEMENT

Contract B/N No.:

Job No.:

Chuck Aukland
City Engineer
777 Cypress Avenue
Redding, CA 96001

Dear Sir:

WHEREAS, Contractor has entered into Contract B/S No. with the City of Redding, hereinafter called “City,” for the performance of work on , and

WHEREAS, pursuant to the authority of said Contract, , Contractor, and , Owner have entered into an
agreement under which Contractor may dispose of materials on Owner’s Property.

Date Owner

Date Contractor

By:

Authorized Agent

Title
c: City Engineer
Contractor
Property Owner
Resident Engineer
Packet Pg. 527
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 16 CONTRACT PROVISION REQUIRING PERSONAL CERTIFICATION OF ALL CLAIMS:

I, , being the
(must be an officer) of
(General Contractor), declare under penalty of perjury under the laws of the State of California, and do personally certify and attest that I have tho roughly reviewed the attached claim for additional compensation and/or extension of time, and know it’s contents, and said claim is made in good faith; the supporting data is truthful and accurate/that the amount requested accurately reflects the contract adjustment for which the Contractor believes the owner is liable; and, further, that I am familiar with California Penal Code Section 72, pertaining to false claims, and further know and understand that submission or certification of a false claim may lead to fines, imprisonment and/or other severe legal consequences.

Submission of a claim, properly certified, with all required supporting documentation and written rejection or denial of all or part of the claim by owner, is a condition precedent to any act ion, proceeding, litigation, suit, or demand for arbitration by Contractor.

Packet Pg. 528
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 17 SUBCONTRACTING REQUEST
Project:

Contractor Name & Address:

Subcontractors
(Name, Business, Address, Phone)
Bid Item
Number(s)
% of Bid Item
Subcontracted
Describe Work When Less
than 100% of Work is
Subcontracted
Dollar Amount Based on Bid
Amount

I certify that the Standard Specifications and Special Provisions for labor set forth in the contract apply to the subcontracted work.

Contractor Signature: Date:

This section is to be completed by the Resident Engineer

1. Total of Bid Items $

2. Specialty items previously approved (if applicable, see note in the instructions) $

3. Total (lines 1+2) $

4. Contractor must perform with own forces (lines 1 minus 2) x % $

5. Bid items subcontracted $

6. Balance of work Contractor to perform (line 1 minus 5) $ Approved:

Resident Engineer Date:

Packet Pg. 529
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 18 INSTRUCTIONS FOR COMPLETING SUBCONTRACTING REQUEST FORM

All First-tier subcontractors shall be included on a subcontracting request.

Submit in accordance with Section 1 -6 of these Special Provisions. Type or print requested information. A copy is to be retained by the Contractor. Submit to project’s Resident Engineer.

After approval, the original will be returned to the Contractor.

Packet Pg. 530
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 19 Return completed application to:

City of Redding, Public Works
Industrial Waste Division
P.O. Box 496071
Redding, CA 96049-6071
530-224-4319 Fax 530-224-6052

TEMPORARY WASTEWATER DISCHARGE APPLICATION
Submit at least two weeks prior to anticipated discharge to the Public Works Industrial Waste Division .

Type or print clearly, attach additional sheets if necessary.

Company Name:

Site Address:

Telephone:

Responsible Party: Mailing Address, City, State, Zip:

Telephone:

Contact Person:

Cell phone:

Mailing Address, City, State, Zip:

Email:

Telephone:

Fax:

Property Owner:

Mailing Address, City, State, Zip:

Telephone:

Emergency Contact Person:

Title: Telephone: After hour phone:

Correspondence to be sent to: ☐ Responsible Party ☐ Contact Person ☐ Property Owner ☐ Other:

Billing to be sent to: ☐ Responsible Party ☐ Contact Person ☐ Property Owner ☐ Other:

I have read this application and the attached material. The information provided is accurate and complete.

Signature:

Printed Name, Title Date
Nature of discharge: ☐ Groundwater well purge for sampling ☐ Excavation Water ☐ Tank Cleaning Water ☐ Other:______________________________________________________ ______________________ Type of Contamination: ☐ Petroleum products ☐ Sediment ☐ Chlorine ☐ Other:_______________________ Description of liquid treatment, storage, and disposal activity:

Pollutants and concentrations (submit analytical results):

Solid residue disposal method:

Notes:

A
C
B
Packet Pg. 531
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 20 Site proposing temporary discharge must be connected to the City of Redding sanitary sewer.

Sewer Account No.: Billed to:

Other businesses on account:

List other environmental control permits held by this operation:

EPA ID Number:

Notes:

Office Use Only

Received by:

Permit Number:

Issue Date:

Expiration Date:

Manhole
Number:

WWTP:
☐ Stillwater
☐ Clear Creek
Permit Fee:
$500 billed by City
Industrial Waste at
the end of the
project.

Volume
Discharge:

Unit Cost: Volume Cost:
$6.59/CCF
(CCF = 748 gallons)
$8.81/1000 gallons
Prices valid through
12/31/23
Connection Fee: Total Cost:

Billed at the end
of the project
Notes: Volume cost is waived on water and sewer line projects managed by the City of Redding Public Works Department.

Date Requested:

Date Received:

Approved by: Approval Date:

D
Packet Pg. 532
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 21 REFERENCE DOCUMENTS

Standard Specifications for Public Works Construction

The Contractor is hereby specifically directed, as a condition of the Contract, to obtain the necessary number of copies of Standard Specifications for Public Works Construction, to acquaint himself with the Articles contained therein, and to notify and apprise all subcontractors and any other parties to the Contract, or individuals or agencies engaged in the work, as to its contents.

City of Redding Construction Standards

The documents hereinafter referred to as the “City Standards” shall be the current version posted on the City of Redding website:

https://www.cityofredding.org/departments/public-works/engineering/construction-standards

Other Reference Specifications

Where other reference specifications such as those of ASTM, AASHTO, etc., have been referred to, the applicable portion of such specifications shall become a part of these Contract Documents.

In case of conflict between the Standard Specifications and these special provisions, the special provisions shall take precedence over and be used in lieu of the conflicting portions.

Packet Pg. 533
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 22 PROJECT INTRODUCTION AND SPECIAL REQUIREMENTS

SCOPE OF THE WORK

The work to be performed under this contract consists of the following:

Street surface preparation, approximately 118,000 cubic feet of replace AC surfacing, traffic control, striping, pavement marking, pavement markers, and all other work shown in the drawings and as required by the specifications at various locations in the City.

TIME OF COMPLETION

Attention is directed to Sections 6 -1 and 6-3 of the General Provisions, “Construction Schedule and Commencement of Work” and “Time of Completion.” In accordance with the provisions of these Subsections, the Contractor shall begin work within fifteen (15) days after the date of t he Notice to Proceed and thereafter diligently prosecute the same to completion within a period not to exceed thirty-five (35) working days. The contract time shall commence on the fifteenth day after the Notice to Proceed or on the date of commencement of the work, whichever occurs first.

MISCELLANEOUS REQUIREMENTS

Preconstruction Conference

Watering

Watering shall consist of developing a water supply and furnishing all water required for the work, including water used in the performance of work paid for as extra work, and applying all water.

The cost of the hydrant meter and control valve are as follows:

$25.00 (nonrefundable; payable when picked up)
$225.00
(refundable deposit for any nonpayment on account and/or repairs to hydrant meter and control valve; payable when picked up)
$276.50 (monthly charge for 3-inch hydrant meter and control valve; billed monthly)

The cost of water is $1.59/CCF.

Packet Pg. 534
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 23 In the event that a water truck or tank is filled directly from a fire hydrant, there shall be either an air gap or a backflow device acceptable to the City Water Division on the filler pipe.

Surface Mining and Reclamation Act

Attention is directed to the Surface Mining and Reclamation Act of 1975, commencing in P ublic Resources Code, Mining, and Geology, Section 2710, which establishes regulations pertinent to surface mining operations.

The requirements of this section shall apply to all materials furnished for the project, except that the Contractor, with t he approval of the Engineer, may use in the proposed construction such stone gravel, sand, or other material suitable in the opinion of the Engineer as may be found in excavation. The Contractor will be paid for the excavation of those materials at the contract price for excavation, but the Contractor shall replace at the Contractor’s expense with other suitable material all of that portion of the material so removed and used which was contemplated for use in the work, except that the Contractor need not replace, at the Contractor’s expense, any material obtained from structure excavation used as structure backfill. No charge for materials so used will be made against the Contractor. The Contractor shall not excavate or remove any material from within the project location that is not within the excavation, as indicated by the slope and grade lines, without written authorization from the Engineer.

Contract Provision Requiring Personal Certification of all Claims

The Contractor’s attention is directed to t he Contract Provision Requiring Personal Certification of all Claims found in the Agreement. The Contract Provision Requiring Personal Certification of all Claims shall be completed and included with any claim for additional compensation and/or extension of time.

Construction Area Signs

Packet Pg. 535
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 24 Notification Center Telephone Number
Underground Service Alert-Northern California (USA) 811

Full compensation for “Construction Area Signs” shall be considered as included in the contract price paid for in the items involved and no separate payment will be made therefor.

Sound Control Requirements

The noise level from the Contractor’s operations, between the hours of 8:00 p.m. and 7:00 a.m., shall not exceed 86 dbA at a distance of 50 feet without the written approval of the Engineer. This requirement in no way relieves the Contractor from responsibility for complying with local ordinances regulating noise level.

Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor.

Erosion Control

Erosion Control shall conform to the provisions in Section 3-12.6, “Water Pollution Control,” of these special provisions and shall consist of applying Erosion Control materials to the areas shown on the plans, embankment and excavation slopes and other areas disturbed by construction activities and as directed by the Engineer.

Erosion Control is to be placed between September 1
st and March 15th. Areas completed and
ready for application of Erosion Control outside of these dates shall be temporarily stabilized until the acceptable window begins, or as directed by the Engineer. Areas may be temporarily stabilized using soil binders, temporary seed and straw, or just straw. Prior to application of permanent seed, areas temporarily stabilized using soil binders must be scarified by track walking or other means to break up cr usted soils. If areas were temporarily stabilized using seed and straw or just straw, the straw and thick vegetation must be removed and soils scarified prior to application of permanent seed. Topsoil shall be placed in those areas to receive permanent stabilization prior to application of permanent seed, or as directed by the Engineer.

Erosion control materials shall consist of seed, fertilizer, fiber, straw, and tackifier.

Seed is required to be labeled under the California Food and Agricultural C ode and shall be labeled by the vendors supplying the seed. Seed shall have been tested for purity and germination not more than 12 months prior to the application of the seed. Seed labels furnished by the vendors shall indicate the purity, germination, and pure live seed (PLS) as determined by Packet Pg. 536
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 25 testing. Results from testing the seed for purity and germination shall be furnished to the Engineer prior to applying seed.

Seed shall be delivered to the job site in unopened separate containers with the seed tag attached. Containers without a seed tag will not be accepted.

Seed for erosion control work shall consist of one or more of the following types:

Temporary

Seed for temporary erosion control work shall consist of the following mix:

Species Lbs. PLS/Acre
Hordeum vulgare 250

Permanent

Seed for permanent erosion control work shall consist of the following mix:

Species Lbs. PLS/Acre
Achillea millefolium 2
Bromus carinatus 15
Eschscholzia californica 3
Trifolium willdenovii 5
Festuca microstachy 5
Hordeum vulgare 100
Total 130

Fertilizer shall consist of a natural based product with a slow release formulation of 7 -2-3 (N-P- K), 10 percent sulfur is optional, or as approved by the Engineer. Fertilizer for erosion control work shall conform to the requirements of the California Food and Agricultural Code, shall be in pelleted or granular form for hydroseeding, and shall have a minimum guaranteed chemical analysis of 7 percent nitrogen, 2 percent phosphoric acid, 3 percent water soluble potash, and 10 percent sulfur. Fertilizer shall be a formulation suitable for hydroseeding purposes and soluble in water.

Straw for erosion control work shall be sterile upland straw, dry oat, wheat, or rice straw, free from weeds and foreign matter detrimental to plant life. The Contractor shall furnish evidence that clearance has been obtained from the County Agricultural Commissioner, as required by law, before straw obtained from outside the County is delivered to the site of the work. Straw that has been used for stable bedding shall not be used. Hay or chopped cornstalks are not acceptable.

Straw shall be chopped and uniformly applied at a rate specified in this section.

Packet Pg. 537
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 26 Fiber must be wood fiber, cellulose fiber, alternate fiber, or a combination of these fibers.

• Wood fiber must be long strand, whole wood fiber thermomechanically processed from clean whole wood chips.

• Cellulose fiber must be made from natural or recycled pulp fiber, such as wood chips, sawdust, newsprint, chipboard, corrugated cardboard, or a combination of these materials.

• Alternate fiber must be a long strand, whole natural fiber made from clean straw, cotton, corn, or other natural feed stock.

Fiber must:

1. Disperse into a uniform slurry when mixed with water.

2. Contain ¾-inch fiber strands for at least 25 percent by total volume.

3. Have at least 40 percent retained when passed through a No. 25 sieve.

4. Have an initial moisture content of no more than 15 percent of its dry weight when tested under CA Test 226. The moisture content must be marked on the packaging.

5. Have a water holding capacity, by weight, of at least 1,200 percent when tested under the procedure designated in Caltrans final report, CA-DOT-TL-2176-1-76-36, “Water holding capacity for hydromulch,” available from METS.

6. Be nontoxic to plants and animal life.

7. Be free of synthetic or plastic materials, lead paint, printing ink, varnish, petroleum products, seed germination inhibitors, and chlorine bleach.

8. Contain less than 250 parts per million of boron.

9. Contain less than 7 percent ash when tested under the Technical Association of the Pulp and Paper Industry, TAPPI Standard T 413.

10. Be colored to contrast with the area on which the fiber is to be applied. The coloring agent must be biodegradable, nontoxic, and free from copper, mercury, and arsenic and must not stain concrete or painted surfaces.

Fiber for temporary hydraulic mulch must be at least 50 percent wood fiber. The remaining percentage must be cellulose fiber, alternate fiber, or a combination.

Tackifier must be:

1. Free from growth or germination inhibiting factors.

2. Nonflamable.

3. Nontoxic to aquatic organisms.

Packet Pg. 538
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 27 4. Functional for a minimum of 180 days.

General purpose tackifier may be either a plant-based product or a polymeric emulsion blend as follows:

1. Plant based tackifier must be a natural high molecular weight polysaccharide. A high viscosity hydrocolloid that is miscible in water, and labeled as either guar, psyllium, or starch, as follows:

1.1. Guar gum-based product must be derived from the ground endosperm of the guar plant, Cyanmopsis tetragonolobus. It must be treated with dispersing agents for easy mixing. It must be able to be diluted at the rate of 1 to 5 pounds per 100 gallons of water.

1.2. Psyllium based product must be manufactured from the finely ground, mucilloid coating of Plantago ovata or Plantago ispaghula seeds and able seeds and able to dry and form a firm but rewettable membrane.

1.3. Starch based product must be a nonionic, water-soluble, granular material derived from corn, potato, or other plant-based source.

2. Polymeric emulsion blend tackifier must be a prepackaged liquid or dry powder, aniomic formulation with a residual monomer content not exceeding 0.05 percent by weight. The tackifier must contain and be labeled with one of the f ollowing as the primary active ingredients:

2.1. Acrylic copolymers and polymers.

2.2. Polymers of methacrylates and acrylates.

2.3. Copolymers of sodium acrylates and acrylamides.

2.4. Polyacrylamide and copolymer of acrylamide.

2.5. Hydrocolloid polymers.

Erosion control materials shall be applied in separate applications in the following sequence:

A. The following seed and fertilizer mixture shall be applied with hydro- seeding equipment within 30 minutes after the seed has been added to the mixture:

Material Temporary Pounds
Per Acre (Minimum)
Permanent Pounds
Per Acre (Minimum)
Seed 250 130
Commercial Fertilizer 600 600
Fiber 125 125

Packet Pg. 539
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 28 B. Straw shall be applied at the rate of 2 tons per acre, or 2.5 tons per acre for slopes greater than or equal to 4 percent slope, based on slope measurements. Incorporation of straw will not be required. Straw shall be distributed evenly without clumping or piling. When weather conditions are suitable, straw may be pneumatically spread.

C. The following mixture in the rates indicated shall be applied with hydro-seeding equipment:

Material Temporary Pounds
Per Acre (Minimum)
Permanent Pounds
Per Acre (Minimum)
Fiber 500 500
Tackifier 150 150

The ratio of total water to total tackifier in the mixture shall be as recommended by the manufacturer.

Once seed is started in an area, straw and stabilizing emulsion applications shall be completed in that area on the same working day.

The rates of erosion control materials may be changed by the Engineer to meet field conditions .

Erosion control will be measured by the square yard or acre.

Full compensation for “Erosion Control” shall be considered as included in the contract lump sum price paid for “Water Pollution Control” and no separate payment will be made therefor.

Local Topsoil

This work includes excavating, stockpiling, removing from stockpiles, spreading, and consolidating topsoil.

Material

Topsoil obtained from sources within the right-of-way shall be excavated to the lines and depths as directed by the Engineer. All lumps or clods shall be broken up before the topsoil is spread.

Topsoil obtained from within the project will be considered as selected material. Imported topsoil must consist of fertile, friable soil of loamy character that contains organic matter in amounts natural to the region and be capable of sustaining healthy plant life. Imported topsoil must be free from deleterious substances such as litter, refuse, toxic waste, stones larger than 1 inch in size, coarse sand, heavy or stiff clay, brush, noxious weeds, and other substances detrimental to plant, animal, and human health.

Construction

Preparation shall include all the work required to make ready the areas for application of topsoil and erosion control materials. Rocks and debris larger than 2-1/2 inches in maximum dimensions shall be removed and disposed of outside the highway right-of-way as permitted by the Engineer.

Topsoil shall be spread uniformly at the rate specified in the special provisions or shown on the plans. The finished surface after spreading topsoil shall be approximately 1 inch below the top of adjacent grade.

Packet Pg. 540
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 29 Topsoil shall not be placed until all equipment, except equipment required for spreading topsoil, is through working in an area.

Spread topsoil to a uniform thickness. Topsoil shall be placed a minimum of 6 inches thick on all disturbance areas to be seeded and mulched per “Erosion Control” of these special provisions.

Topsoil shall be placed 4 inches thick on cut slopes that are 2:1 and flatter. Cut slopes shall be scarified to a depth of 2 inches prior to placing topsoil to ensure sufficient contact. Topsoil shall be roughened by trackwalking or rolling with a sheepsfoot roller prior to seeding and mulching.

Trackwalk topsoil with tracked equipment run perpendicular to slope cont ours. Water may be used to assist this process but must not cause erosion. Finished surfaces after topsoil placement must achieve a minimum of 85 percent compaction.

Full compensation for local topsoil shall be considered as included in the contract pri ce paid for “Water Pollution Control” and no additional compensation will be allowed therefor.

Plastic Netting

Photodegradable or biodegradable plastic netting shall not be used in fiber rolls, erosion control blankets, or any other erosion control BMP unless specified or approved by the Engineer.

Fiber Rolls

Fiber rolls shall conform to the provisions in Section 3- 12.6, “Water Pollution Control,” of the Standard Specifications and these special provisions and shall consist of apply ing fiber rolls materials to the areas shown on the plans, embankment, and excavation slopes and other areas disturbed by construction activities and as directed by the Engineer.

Fiber rolls shall be premanufactured roll of rice or wheat straw, wood excelsior, or coconut fi ber encapsulated within a biodegradable jute, sisal, or coir fiber netting. The netting shall have a minimum durability of one year after installation. The netting shall be secured tightly at each end of the roll. Rolls shall be between 8 inches and 10 inches in diameter and shall have a minimum weight of 1 pound per linear foot and a minimum length of 20 feet.

Wood stakes shall be a minimum of 1” x 1” x 24” in size and made of untreated fir, redwood, cedar, or pine and cut from sound timber. They shal l be straight and free of loose or unsound knots and other defects which would render them unfit for the purpose intended. Metal stakes shall not be used.

Fiber rolls shall be installed by constructing a furrow to a depth between 2 inches and 4 inches, and to a sufficient width to hold the fiber roll. The bedding area for the fiber rolls shall be cleared of obstructions including rocks, clods, and debris greater than one inch in diameter before installation. Stakes shall be installed 48 inches apart along the length of the fiber rolls and stopped at 12 inches from each end of the rolls. Stakes shall be driven to a maximum of 2 inches above, or flush with the top of the roll. Fiber rolls shall be placed parallel to the slope contour and 8 feet apart on 2:1 slopes and as shown on the plans.

If the intended function of the fiber rolls to disperse concentrated water runoff and to reduce runoff velocities is impaired, the Contractor shall take action to repair or replace the fiber rolls. Split, torn, or unraveling rolls shall be repaired or replaced. Broken or split stakes shall be replaced.

Sagging or slumping fiber rolls shall be repaired with additional stakes or replaced. Locations Packet Pg. 541
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 30 where rills and other evidence of concentrated runoff have occurred beneath the rolls shall be corrected. Fiber rolls shall be repaired or replaced within 24 hours of identifying the deficiency.

Fiber rolls will be measured by lineal foot.

Full compensation for “Fiber Rolls” shall be considered as included in the contract lump sum price paid for “Water Pollution Control” and no separate payment will be made therefor.

As-Built/Record Documents

Record Documents shall be produced by marking a full-size (22”x34”) copy of the Project Plans.

The Contractor’s as-built information shall be clear and legible, marked in red, and at a minimum identify the following: the exact horizontal and vertical location of all installations in their finished condition, including all underground work and components; all electrical, plumbing and mechanical installations; all changes in construction, materials and installed equipment; and buried or concealed construction and utility features that are revealed during the course of construction. Special attention shall be given to recording of all buried utilities that differ from locations indicated in the Contract Documents.

Full compensation for As-Built/Record Documents shall be considered as included in the contract price paid for the various items of work and no additional compensation will be allowed therefor.

On-Site Construction Superintendent

The Contractor shall employ a competent superintendent satisfactory to the Engineer who shall represent the Contractor and be available to the Engineer at all times during the work of this project. The superintendent shall be free to manage the work of this project and shall not operate equipment, provide laboring, etc. The superintendent shall be designated and approved at the preconstruction meeting and shall not be changed without written authorizing from the Engineer so long as the superintendent remains employed by the Contractor.

The Contractor shall within three days following written notice from the Engineer, remove and replace the Contractor’s superintendent in the event the Engineer objects to the Contractor’s superintendent.

All communication given to or received from the Contractor’s superintendent shall be considered Packet Pg. 542
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 31 as binding as if given to or received from the Contractor.

Temporary Pavement Delineation

Temporary pavement delineation shall be furnished, placed, maintained, and removed in conformance with the Manual of Uniform Traffic Control Devices (MUTCD) and these special provisions.

Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Centerline pavement delineation shall be provided at all times for traveled ways open to public traffic.

Work necessary, including required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor. Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material. Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until superseded or replaced with a new pattern of temporary pavement delineation or permanent pavement delineation.

Temporary pavement delineation which conflicts with a new traffic pattern or which is applied to the final layer of surfacing or existing pavement to remain in place shall be removed when no longer required for the direction of public traffic, as determined by the Engineer.

Whenever centerlines are obliterated, the minimum centerline delineation to be provided shall be temporary raised pavement markers placed at longitudinal intervals of not more than 24 feet. The temporary raised pavement markers shall be the same color as the centerline they replace.

Whenever edgelines are obliterated, the minimum edgeline delineation to be provided shall be temporary raised pavement markers placed at longitudinal intervals of not more than 24 feet. The temporary raised pavement markers shall be the same color as the edgeline they replace.

Temporary raised pavement markers shall be placed in conformance with the manufacturer 's instructions and shall be cemented to the surfacing with the adhesive recommended by the manufacturer, except epoxy adhesive shall not be used to place pavement markers in areas where removal of the markers will be required.

Temporary pavement delineation consisting entirely of temporary raised pavement markers shall be used on lanes open to public traffic for a maximum of 14 days. Prior to the end of the 14 days, the permanent pavement delineation shall be placed. If the permanent pavement delineation is not placed within the 14 days, additional temporary pavement delineation shall be provided at the Contractor's expense. The additional temporary pavement delineation to be provided shall be equivalent to the pattern specified for the permanent pavement delineation for the area, as determined by the Engineer.

All compensation for furnishing, placing, maintaining, and removing the temporary pavement delineation (including the signing specified for "no passing" zones) and for providing equivalent patterns of permanent traffic lines for these areas when required shall be considered as included in the contract prices paid for the items of work that obliterated the pavement delineation and no separate payment will be made therefor.

Packet Pg. 543
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 32 Temporary Toilet Facilities

The Contractor shall provide temporary unisex toilet facilities during all times employees are present on the project. Toilet facilities shall be as portable as required to be readily available to employees at all locations of the project.

Full compensation for providing, servicing, and relocating temporary toilet facilities as necessary during the work shall be considered as included in the contract price paid per ton of Asphalt Concrete and no separate payment will be made therefor.

Remove Pavement Markers

Pavement markers, including underlying adhesive, in conflict with replace AC surfacing and overlay operations or, when no longer required for traffic lane delineation as determined by the Engineer, shall be removed by such methods that will cause the least possible damage to the pavement or surfacing. Damage to the pavement or surfacing caused by pavement marker removal shall be repaired by the Contractor at the Contractor’s expense by methods acceptable to the Engineer.

During the removal of ceramic type pavement markers, screens, or other protective device shall be furnished to contain any fragments.

Fragments resulting from the removal of pavement markers shall be removed from the street before the lanes are opened to public traffic.

Full compensation for removing pavement markers shall be included in the contract price paid per cubic foot for “Replace Asphalt Concrete Surfacing” and “Asphalt Concrete Overlay” as occurring and no additional compensation will be allowed therefor.

Work Hours

Work hours are from 6 p.m. to 6 a.m. Sunday through Thursday except when agreed to by the Engineer.

Contract Item List

Water Pollution Control

Attention is directed to Special Requirements for “Erosion Control” and Section 7 -8.6, “Water Pollution Control” of the special provisions.

Traffic Control

Attention is directed to Part 6, Temporary Traffic Control, of the Standard Specifications.

Replace Asphalt Concrete Surfacing (3/4” PG 64-10)

This work shall consist of removing the existing asphalt concrete surfacing and underlying base and replacing the removed material with new asphalt concrete in accordance with these special provisions and the details shown on the plans.

Packet Pg. 544
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 33 The exact limits of asphalt concrete surfacing to be removed and replaced may be modified in the field by the Engineer.

Existing asphalt concrete surfacing and underlying base material removed during a work period shall be replaced before the time the lane is to be opened to public traffic unless otherwise authorized by the Engineer.

Surfacing and base shall be removed without damage to surfacing that is to remain in place.

Damage to pavement which is to remain in place shall be repaired to a condition satisfactory to the Engineer, or the damaged pavement shall be removed and replaced with new asphalt concrete if ordered by the Engineer. Repairing or removing and replacing pavement damaged outside the limits of pavement to be replaced shall be at the Contractor’s expense and will not be measured nor paid for.

Tack coat per Section 302-5.4 of these special provisions shall be applied to all vertical surfaces of adjacent existing asphalt concrete prior to filling the void with new asphalt concrete.

Removed materials shall be disposed of in accordance with the Section 302-5.2.3 of the Standard Specifications and these special provisions.

If base is left exposed after removing the surfacing to the required depth, the base shall be graded to a plane, watered, and compacted. The depth of the excavation shall not extend above the grade established by the Engineer.

Areas of the base material which are low as a result of over excavation, unless directed to do so by the Engineer, shall be filled with asphalt concrete at the Contractor’s expense. Asphalt concrete shall conform to the provisions for Type A asphalt concrete in “Asphalt Concrete Pavement” of these special provisions except for asphalt binder and payment. Asphalt binder will be Grade PG 64-10 as noted on the plans.

The quantity to be paid for "Replace Asphalt Concrete Surfacing" will be measured by the cubic foot. The volume to be paid for will be calculated on the basis of the surface area of the excavation to the depth specified in the plans unless otherwise ordered by the Engineer.

The contract price paid per cubic f oot for "Replace Asphalt Concrete Surfacing (3/4 PG 64- 10)" shall include full compensation for furnishing all labor, materials (including asphalt concrete), tools, equipment, and incidentals, and for doing all the work involved in replacing asphalt concrete surfacing, complete in place, including tack coat, asphalt compaction, clean up, and traffic control as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer.

Asphalt Concrete Overlay (3/4” PG 64-10)

Attention is directed to Section 302-5 “Asphalt Concrete Pavement” of the special provisions and the Standard Specifications.

The contract unit price paid per ton for “Asphalt Concrete Overlay (3/4” PG 64 -10)” shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in asphalt concrete overlay, complete in place, including tack coat, compaction, clean up, pavement marker and pavement markings removal as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer.

Packet Pg. 545
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 34 Shoulder Backing

This work shall consist of constructing shoulder backing adjacent to the edge of new or ex isting surfacing along Airport Road in accordance with the details shown on the plans and these special provisions.

The material for shoulder backing shall be imported material conforming to aggregate base grading and quality requirements.

The areas where shoulder backing is to be constructed shall be cleared of all weeds, grass, and debris. Removed weeds and grass shall be disposed of uniformly over adjacent slope areas and removed debris shall be disposed of off-site.

Shoulder backing material shall be thoroughly mixed with the basement material by scarifying or blading and then watered and rolled to form a smooth, firmly compacted surface.

Shoulder backing material shall not be deposited on the new surfacing prior to placing it in final position, nor shall the shoulder backing material be bladed onto the new surfacing during mixing, watering, and blading operations.

Full compensation for “Shoulder Backing” including furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in constructing shoulder backing, complete in place, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer shall be considered as included in the contract price paid per cubic yard for “Aggregate Base” and no separate payment will be made therefor.

Traffic Loops

The contract unit price paid for “Traffic Loops” shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in the protection or repair of damage to the existing traffic loops or conduits that are present in the asphalt roadway surface near the intersection of Churn Creek Road and Canby Road. complete in place, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer.

Traffic loops are schematically shown on the plans. At the completion of the project, the traffic loops shall be inspected and shall be equal to or better than existed prior to the start of work. In the event that the traffic loops or conduits are damaged, the Contractor shall immediately initiate repairs to the damaged signal component. This is a final pay item.

Traffic Stripe (6" Thermoplastic), (8” Thermoplastic)

Attention is directed to Section 314 -4 Application of Traffic Striping and Curb and Pavement Markings, of the special provisions and the Standard Specifications.

Pavement Marking (Thermoplastic)

Attention is directed to Section 314 -4 Application of Traffic Striping and Curb and Pavement Markings of the special provisions and the Standards Specifications.

Packet Pg. 546
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 35 Pavement Marker

The Contractor shall provide and install Pavement Markers in accordance with Caltrans Standard Plans Details A20A thru and A20D and City of Redding Construction Standards 171.00 and as specified in these special provisions, and as directed by the Engineer.

Pavement markers outside the project limits marred or destroyed by the Contractor’s operations shall be replaced to the satisfaction of the Engineer at no cost to the City of Redding.

The contract unit price paid for “Pavement Marker” shall include full compensation for fur nishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in installing pavement markers, complete in place, as shown on these plans, as specified in these special provisions, and as directed by the Engineer.

Adjust Water Valve

Existing water valve boxes and covers shall be replaced with materials specified in Construction Standards page 400.00, Item No. 7, and installed as shown on Construction Standards page 404.00 existing current style covers may be reused if in a condition acceptable to the Engineer.

The contract unit price paid for “Adjust Water Valve” shall include full compensation for furnishing all labor, tools, equipment, and incidentals, and for doing all the work involved in adjust water valve, complete in place, including disposal of removed materials as shown on the plans, as specified in the specifications, these special provisions, and as directed by the Engineer.

Adjust Manhole

Attention is directed to Section 301 -1.6 of th e Standard Specifications and these special provisions.

The contractor shall replace the obsolete style manhole casting and lid with a new style casting and decorative lid. All replaced castings and lids shall be delivered to the City of Redding Corporation Yard as directed by the Engineer.

The contract unit price paid for “Adjust Manhole” shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in adjusting the height of existing manholes, or replacing obsolete casting and lid and adjusting the height complete in place including obtaining the new materials and delivering all used castings to the COR Corporation Yard, saw cutting, AC removal, backfill, compaction, concrete, repaving, and traffic control, in conformance with the plans, the Construction Standards, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer.

Adjust Monument

Attention is directed to Section 301 -1.6 of the Standard Specifications and these special provisions.

Existing monument cover assembly shall be replaced with materials specified in and installed as shown on Construction Standards page 184.00. The existing monument cover assembly may be reused if in a condition acceptable to the engineer.

Packet Pg. 547
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 36 The contract unit price paid for “Adjust Monument” shall include full compensation for furnishing all labor, material, tools, equipment, and incidentals, and for doing all the work involved in replacing monument cover assemblies complete in place including disposal of removed materials as shown on the plans, as specified in the specifications, these special provisions, and as directed by the Engineer.

Packet Pg. 548
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 37 PART 1 GENERAL PROVISIONS

SECTION 1 GENERAL

1-1 General

The following terms are added:

Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended or if delivered at or sent by registered mail to the last business address known to him who gives the notice.”

1-2 Terms and Definitions

Definitions are amended or added as follows:

2. Board, Council, and Agency – The officer or body constituting the awarding authority of the Agency.

4. Date of Execution of the Contract – The date on which the Contract is signed by the Agency’s authorized representative.

Packet Pg. 549
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 38 1-6 BIDDING AND SUBMISSION OF THE BID

1-6.1 General

Add the following paragraph:

“When an item of work is designated as (S) in the Bid or Proposal, the estimated quantity for that item of work shall be designated as a “Specialty Item.”

1-7 AWARD AND EXECUTION OF THE CONTRACT

1-7.1.1 Acceptance or Rejection of Proposals

1-7.1.2 Forfeiture of Proposal Guaranty

1-7.1.3 Return of Proposal Guaranties

1-7.1.4 Award of Contract

All bids will be compared on the basis of the Engineer’s estimate of the quantit ies of work to be done.

1-7.1.5 Execution of Contract

The contract in form and content satisfactory to the City shall be executed by the bidder to whom the contract is awarded and returned, together with all required bonds, policies, and certificates, within 10 days, (not including Sundays and legal holidays), after award of the contract. No proposals shall be considered binding on the City until the contract has been executed by all parties thereto.

Packet Pg. 550
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 39 1-7.1.6 Early Start to Work

The Contractor may start job site activities before receiving notice of Contract approval under the following conditions;

1. Submit the contract, bonds, and insurance listed in 1-7.1.5, Execution of Contract.

2. Provide a letter to the City with at least 72-hour notice requesting an early start of work.

3. Request and obtain an encroachment permit from the City.

4. Receive written approval from the City Engineer to start work.

5. Perform work at your own risk.

6. If the Contract is approved, work already performed that complies with the Contract is authorized.

7. If the Contract is not approved, the Contractor shall leave the job site in a neat condition, restore the site or facility to its former condition or equal. The City will not pay for this work.

8. The City does not adjust working days for work performed before Contract approval.

9. Ground disturbing/job si te activities are still subject to the requirements of the Water Pollution Control Plan or Storm Water Pollution Prevention Plan.

1-7.2 Contract Bonds

Delete this section in its entirety and add the following:

Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the surety shall be notarized.

The “Performance Bond” shall be for 100 percent of the contract price to guarantee faithful performance of all work, within the time prescribed, in a manner satisfactory to the A gency, and that all materials and workmanship will be free from original or developed defects. In Packet Pg. 551
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 40 addition, the Performance Bond shall include a one-year Maintenance Bond which shall begin upon acceptance of the Work. The amount of the Maintenance Bond shall be for 50 percent of the final contract price. The Maintenance Bond shall be submitt ed on the form contained in these specifications or on a form which conforms to it prior to release of final payment (less retention) for the work.

Should any bond become insufficient, the Contractor shall renew the bond within ten (10) days after receiving notice from the Agency.

SECTION 2 SCOPE OF WORK

2-2 PERMITS

Add the following paragraph(s):

“The Contractor and any subcontractor working under the Contractor shall obtain a City business license prior to doing any work on a job site in the City. It shall be the responsibility of the Contractor, who is signature to the Contract, to notify their subcontractor(s) to abide to this requirement. In the event a required business license is not obtained, the City shall give the Contractor written notice of 10 days to correct the deficiency. In the event the business license(s) is not obtained, the City shall withhold the estimated cost of the license(s) from the next payment to the Contractor until the license is obtained. If during the course of construction a City business license expires and the Contractor or subcontractor continues to work, these same provisions will apply.”

2-10 DISPUTED WORK

Delete the first paragraph in its entirety and replace with the following:

“In accordance with Public Contract Code Section 9204 the following shall apply to any claim by Contractor:

Upon receipt of a claim sent by registered mail or certified mail with return receipt requested, the City will conduct a review of the claim and, within a period not to exceed 45 days, will provide a written statement ident ifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, the City and Contractor may, by mutual agreement, extend the time period provided in this subdivision.

Packet Pg. 552
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 41 The Contractor shall furnish reasonable documentation to support the claim.

Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement.

Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If medi ation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.

Unless otherwis e agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contractor Code Section 20104.4 to mediate after litigation has been commenced.

This section does not preclude the City from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.

Failure by the City to respond to a claim from a Contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the City’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant.

Amounts not paid in a timely m anner as required by this section shall bear interest at 7 percent per annum.

Packet Pg. 553
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 42 If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against the City because privity of contract does not exist, the Contractor may present to the City a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the Contractor present a claim for work which was perform ed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the City shall furnish reasonable documentation to support the clam. Within 45 days of receipt of this wr itten request, the Contractor shall notify the subcontractor in writing as to whether the Contractor presented the claim to the City and, if the original Contractor did not present the claim, provided the subcontractor with a statement of the reasons for not having done so.

A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) the City may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual prov isions do not conflict with or otherwise impair the time frames and procedures set forth in this section.”

The second paragraph of Section 2-10 is amended to read:

SECTION 3 CONTROL OF THE WORK

3-3 SUBCONTRACTORS

The second paragraph is amended to read:

3-5 INSPECTION

Add the following paragraph:

Packet Pg. 554
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 43 3-8 SUBMITTALS

3-8.4 Supporting Information

Delete Item M and add the following:

m) Data, including, but not limited to, make model, serial number, manufacturer, catalog sheets, manufacturer’s brochures, technical bulletins, and other information necessary to describe a system, product or item. The City will furnish the Contractor with electronic spreadsheet forms (Microsoft Excel) to be completed and submitted to the Engineer. This information is required for motors, instruments, electrical equipment and panels, valves, and pumps as specified in the technical specifications, shown on the plans, directed by the Engineer or these Special Provisions.
n) Operations and Maintenance (O&M) manuals shall be furnished as specified in the technical specifications and these Special Provisi ons. The Contractor shall furnish an electronic Adobe Acrobat (pdf) copy of the O&M manual.
o) Training shall be provided as specified in the technical specifications and these special provisions. Where applicable the Contractor shall provide video training electronically.

3-10 SURVEY

3-10.1 General

Add the following:

“The Contractor’s attention is directed to Section 400-2, Permanent Survey Markers.”

3-12 WORK SITE MAINTENANCE

3-12.6 Water Pollution Control

Delete sections 3-12.6.1 through 3-12.6.3 in their entirety and replace with following:

The Contractor shall know and fully comply with applicable provisions of all Federal, State, and local regulations and requirements that govern the Contractor's operations and stormwater and non- stormwater discharges from both the project site and areas of disturbance outside the project limits during construction. Approval of the WPCP shall not relieve the Contractor of any liability for violations of Federal, State, and local regulations and requirements relating to water pollution.

The WPCP shall address stormwater and non- stormwater discharges from the construction area and from areas immediately outside the project site which are directly related to construction activities for this contract including, but not limited to, material borrow areas, staging areas, storage yards and access roads. The Contractor shall implement, inspect, and maintain the required water pollution control practices. Installing, inspecting, and maintaining Packet Pg. 555
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 44 water pollution control practices in areas outside the right-of-way not specifically arranged and provided for by the City of Redding for the execution of this contract, will not be paid for.

The Contractor shall be responsible for penalties assessed or levied on the Contractor or the City of Redding as a result of the Contractor's failure to comply with the provisions in this section "Water Pollution Control" including, but not limited to, compliance with the applicable provisions of Federal, Stat e, and local regulations and requirements as set forth therein.

Penalties include payments made or costs incurred due to stop work orders, work suspension, scheduled days, and/or Contractor delays or in settlement for alleged violations of applicable laws, regulations, or requirements. Costs incurred could include sums spent instead of penalties, due to agency or City imposed requirements or to remediate or correct violations, or damages resulting from stop work orders, work suspension, or scheduled days.

WPCP Preparation and Approval

The WPCP shall be prepared by a Qualified Stormwater Pollution Prevention Plan (SWPPP) Developer (QSD), a registered Civil Engineer experienced in erosion control, or a certified professional Erosion and Sediment Control Sp ecialist, unless otherwise approved by the Engineer. Implementation, monitoring, and maintenance of BMPs shall be by or under the supervision of same. The WPCP should be commensurate with the size, timing, duration, location, and scope of the project. I t shall address soil and wind erosion, sediment control, tracking control, non -stormwater management, waste management, and pollutant/materials control. The WPCP shall be submitted to the Engineer for review and approval within 7 calendar days of the NTP. The Engineer will be allowed 7 calendar days to review. No ground disturbing work shall occur until the WPCP has been approved by the Engineer. Upon the Engineer's approval of the WPCP, the WPCP shall be considered to fulfill the provisions in this section, "Water Pollution Control," for development and submittal of a Water Pollution Control Program.

All BMPs shall be designed, installed, maintained, and otherwise managed pursuant to the provisions
set forth in the most recent revision of the Californi a Department of Transportation (Caltrans) Stormwater Quality Handbook, Construction Site BMP Manual, or the most recent revision of the California Stormwater Quality Association (CASQA), California Stormwater PMP Handbook for Construction.

The Contractor may
recommend equivalent erosion control applications that provide equal or better performance for consideration and approval by the Engineer.

The WPCP shall incorporate water pollution control BMPs that are necessary to prevent erosion and sediment los s on and off the project site for the duration of the project. All stormwater shall be treated on-site using appropriate BMPs such that runoff leaving the work site is free of silt, sand, sediment, debris, concrete products, trash, and other materials which may degrade water quality. Storm runoff from one area shall not be diverted to another runoff area unless approved by the Engineer. Runoff water may be directed into permanent stormdrain systems during construction provided that mud and silt is removed from the runoff before entering the stormdrain system.

WPCP Implementation

If there is a discrepancy between the WPCP and these special provisions, the special provisions shall supersede. Unless otherwise specified, upon approval of the WPCP, the Contractor shall be responsible throughout the duration of the project for installing, Packet Pg. 556
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 45 constructing, inspecting, maintaining, replacing, removing, and disposing of temporary water pollution control practices, and installing, constructing, inspecting, maintaining, and replacing permanent water pollution control practices specified in the WPCP. The duration of work includes that time period between initial mobilization to the site and acceptance of the work.

The Contractor shall notify the Engineer at least 3 days in advance of non -stormwater discharge events. The Contractor shall notify the Engineer of the operations causing non- stormwater discharges and shall obtain approval from the Engineer for non- stormwater discharges.

Retention of Funds

Notwithstanding any other remedies authorized by law, the City of Redding may retain money due the Contractor under the contract, in an amount determined by the City of Redding, up to and including the entire amount of Penalties proposed, assessed, or levied as a result of the Contractor's violation of Federal, State, or local law, regulations, or requirements. Funds may be retained by the City of Redding until final disposition has been made as to the Penalties.

The Contractor shall remain liable for the full amount of Penalties until such time as they are finally resolved with the entity seeking the Penalties.

When the City or a regulatory agency identifies a failure to comply with Federal, State or local requirements, the City will retain money due the Contractor, in the amount of 10 percent of the work done to date or any fine whichever is greater. This amount is in addition to the retention specified in Section 9 -3.2, Partial and Final Payment, of these spec ial provisions, subject to the following: The City will give the Contractor written notice of the City’s intent to retain funds from partial payments which may become due to the Contractor prior to recording of the Notice of Completion.

Payment

The contract lump sum price paid for “Water Pollution Control” shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved in developing, preparing, obtaining approval of, revising, and implementing the WPCP. Implementation of the WPCP includes installing, constructing, maintaining, removing, and disposing of BMPs including non- stormwater and waste management water pollution control practices as provided for in the approved WPCP and as directed by the Engineer.

No additional payment will be made to correct deficiencies in the approved WPCP. Payments for “Water Pollution Control” will be made as follows:

B. The payment for the balance of the contract item price for “Water Pollution Control” will be made with the final progress payment.

Packet Pg. 557
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 46 No additional payment will be made for any BMPs necessary to correct deficiencies in the approved WPCP.

Water pollution control BMPs for which there is a contract item of work, will be measured and paid for as that contract item of work.

3-12.6.4 Dewatering

Add the following after the second paragraph:

Temporary Wastewater/Discharge

In the event that the Contractor proposes to discharge any groundwater, runoff, or other project required dewatering to the City’s wastewater collection system, the Contractor will be required to submit a Temporary Wastewater Discharge Application. The Contractor shall submit the application to the City Industrial Waste Division a minimum of two weeks prior to any temporary discharge into the City sanitary sewer system. The Contractor may be responsible for water sampling prior to discharge if the City determines contamination may exist.

At no time shall the Contractor discharge any groundwater, run- off, potable water, or other non-storm water into the storm drain system, creeks, streams, ditches, or other conveyances whereby the water could enter such areas without obtaining written approval from the Regional Water Quality Control Board and the Engineer. Existing discharge permits obtained by the City of Redding for Water Utility operations shall not be used for this purpose.

The cost for the Temporary Wastewater Discharge Application is as follows:

$500 Filing Fee
$8.81/1,000 gallons (Prices valid through 12/31/2023) Volume Cost

Full compensation for temporary wastewater discharge shall be considered as included in the prices paid for the various contract items of work involving temporary wastewater discharge and no separate payment will be made therefor.

3-13 COMPLETION, ACCEPTANCE, AND WARRANTY

3-13.3 Warranty

Delete the fourth paragraph and add the following:

In the event of failure to comply with the above mentioned conditions within a reasonable time after being so notified in writing, the Engineer is authorized to have the defects repaired and Packet Pg. 558
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 47 made good at the expense of the Contractor who will pay the costs and charges therefore immediately upon demand.

SECTION 4 CONTROL OF MATERIALS

4-1 GENERAL

Add the following sentence to the first paragraph:

“If required by the Engineer, the Contractor shall furnish duplicate invoices to the Engineer on all material furnished to the job.”

Add the following paragraph:

“If the Contractor does not remove such condemned work and materials within a reasonable time, fixed by written notice, the City may remove them and may store the material at the expense of the Contractor. If the Contractor does not pay for the expense of the removal within 10 days written notice, the City may sell such material at auction or at private sale, and may account for the net proceeds thereof, after deducting all the costs and expenses that should have been borne by the Contractor.”

4-1.2 Protection

Add the following after the first sentence of the first paragraph:

SECTION 5 LEGAL RELATIONS & RESPONSIBILITIES

5-1 LAWS AND REGULATIONS

Add the following after the first paragraphs:

“Contractor shall post job site notices as prescribed by regulation.”

Title VI Assurances

During the perform ance of this Agreement, the Contractor, will ensure that no person is excluded from participating in, denied the benefits of, or otherwise subjected to discrimination under any of its projects, activities, or services and business opportunities on the basi s of race, color, national origin, age, sex, or disability as afforded by Title VI of the Civil Rights Act Packet Pg. 559
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 48 of 1964 and related statutes, as amended. All persons, regardless of their citizenship status, are covered under this regulation.

Equal Employment Opportunity Clause

During the performance of this contract, the Contractor agrees as follows:

1. The Contractor will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, medical disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, or sexual orientation of such persons. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, domestic partners, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous spaces, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

2. The Contractor will, in all solicitations or advertisement solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, domestic partners, or national origin.

4. The Contractor will comply with all provisions of Executive Order NO. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

6. In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this contract or w ith any rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor may be declared ineligible for further City contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order No. 11246 September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

Packet Pg. 560
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 49 7. The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that suc h provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the City to enter into such litigation to protect the interests of the City.”

5-3 LABOR

5-3.2 Prevailing Wage

Add the following paragraphs:

“All contractors and subcontractors shall furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement).

The Contractor and its agents shall comply with Sections 1771, 1774-1776, 1777.5, 1813, and 1815 of the Labor Code.

Attention is directed to Section 1735 of the Labor Code, which reads as follows:

A contractor shal l not discriminate in the employment of persons upon public works on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code. Every contractor for public works who violates this section is subject to all the penalties imposed for a violation of this chapter.”

5-3.3 Payroll Records

Add the following paragraph:

“When submitting certified payroll, eliminate the social security number. Should the City request certified payrolls with social security numbers, hard copies shall be provided.

Disclaimer:

Packet Pg. 561
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 50 5-3.5 Apprentices

Add the following after the first paragraph:

“The provisions in Section 1777.5 and Section 1777.6 of the California Labor Code concerning the employment of apprentices shall be complied with by the Contractor or any subcontractor under him.

The responsibility for compliance with this section for all apprenticeship occupations shall rest solely with the prime Contractor.

Compliance with California Labor Code Section 1777.5 requires all public works contractors and subcontractors to:

Employ apprentices on the public work in a ratio to journeymen of no less than one hour of apprentices work for every five hours of labor performed by a journeyman.

Pay the apprentice rate on public works projects only to those apprentices who are registered, as defined in Labor Code Section 3077.

Contribute to the training fund in the amount indicated in the PWR publication for journeymen and apprentices. Contractor s who choose not to contribute to the local training trust fund must make their contributions to the California Apprenticeship Council, P. O. Box 420604.

5-4 INSURANCE

Delete Sections 5-4.1 through 5-4.4 in its entirety and replace with following:

“Liability Insurance and Auto Insurance

The Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise f rom or in connection with the performance of the work hereunder by the Contractor, it s agents, representatives, employees or subcontractors.

The Contractor shall furnish the Agency a policy or certificate evidencing liability insurance with original endor sements effecting coverage required by this subsection. The endorsements are to be signed by a person authorized by the insurer to bind coverage on its behalf. All endorsements are to be received and approved by the Agency before work commences.

Packet Pg. 562
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 51 Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached thereto, the Agency shall be the insured or named as an additional insured covering the work, whether liability is attributable to the Contractor or the Agency. Except as provided for in Subsection 6-5, the Agency, its officers, officials, employees, and agents are to be covered as insured for general liability and automobile liability, and contractor’s pollution insurance as respects : liability arising out of activities performed by or on behalf of the Contractor; with limits of liability indicated below and including coverage no less than the following:

1 Premises and operations.

2 Products and completed operations. Completed Operations Liability shall be kept in force for one year after the date of final acceptance by the City.

3 Contractual liability insuring the obligations assumed by the Contractor in this contract.

4 Broad form property damage (including completed operations).

5 Fire legal liability, Explosion, Collapse and Underground Hazards.

6 Personal Injury Liability.

7 Independent Contractors.

8 Contractor’s Pollution Insurance.

The coverage shall provide the following minimum scope and limits:

1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 001) in the amount of $1,000,000 per occurrence for bodily injury, personal injury, and property damage.

2. Insurance Services Office Automobile Liability Code 1 (any auto) (form CA 0001, Ed 1/87), in the amount of $1,000,000 per accident for bodily injury and property damage.

3. Course of Construction Insurance providing coverage for all “risks” of loss in the amount of the completed project value.

4. Contractor Pollution Liability, in the amount of $1,000,000, to include but not limited to coverage for bodily injury, property damage and cleanup arising from pollution conditions created by the Contractor or encountered during work at job site. Coverage must apply to cleanup, damage or injury that occurs on, or that originates from, the site.

Insurance is to be placed with insurers with current A.M. Best’s rating of not less than A-: VII.

Any deductibles or self-insured retentions must be declared to and approved by the Agency.

At the option of the Agency, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Agency, its officers, officials, employees, and agents; Packet Pg. 563
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 52 or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

All liability policies shall bear an endorsement or shall have attached a rider whereby it is provided that:

1. The Agency, its officers, officials, employees and agents are added as additional insureds.

2. For any claims rel ated to this project; the Contractor’s insurance coverage shall be primary insurance as respects the Agency, its officers, officials, employees, and agents shall be excess of the Contractor’s insurance and shall not contribute with it.

4. The Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

Course of construction policies shall bear an endorsement or s hall have attached a rider whereby it is provided that:

1. The Agency shall be named loss payee.

2. The insurer shall waive all rights of subrogation against the Agency.

The Contractor shall include all subcontractors as insureds under its policies or shall f urnish separate certificates and endorsement of each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.

Workers’ Compensation Insurance

Said certification is included in the contract by reference and signature and return of the contract shall constitute signing and filing of said certificate.

The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for and maintaining in full force and effect for the duration of the contract Workers’ Compensation Insurance, with limits as required by the Labor Code of the State of California and Employee’s Liability with limits of $1,000,000 per accident. The Workers’ Compensation insurance must be accompanied by a Waiver of Subrogati on endorsement. The Contractor shall furnish a Certificate of Insurance to the Engineer before execution of the Contract. The agency, its officers, officials, employees, and agents, will not be responsible for any claims in law or equity occasioned by failure to the Contractor to comply with this paragraph.

All compensation insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies Packet Pg. 564
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 53 for any reason whatsoever, the Agency shall be notified by registered mail not less than 30 days before expiration or cancellation is effective.

No separate payment will be made for insurance. Payment shall be considered as included in the contract price.

5-4.5 Contractor’s Performance

The defense and indemnity obligations expressly extend to and include any and all claims, demands, damages, costs, expenses, liability occasioned as a result of the violation by the Contractor, the Contractor’s agents, employees, or independent contractors, subcontractors , or suppliers of any provisions of federal, state or local law, including applicable administrative regulations.

In claims against any person or entity herein indemnified that are made by an employee of the Contractor or an employee of any of the Contractor’s agents, independent contrac tors, subcontractors or suppliers, a person indirectly employed by the Contractor or by any of the Contractor’s agents, independent contractors, subcontractors or suppliers, or anyone for whose acts the Contractor or any of the Contractor’s agents, independent contractors, subcontractors , or suppliers may be liable, the defense and/or independent contractors, subcontractors , or suppliers under workers’ compensation acts, disability acts, or other employee benefit acts.

The defense and indemnification obligations herein shall not be limited by any assertion or finding that the person or entity indemnified is liable by reason of non-delegable duty.

The defense and indemnities set forth herein shall not be limited by the insurance requirements set forth in the Contract.

The defense and indemnification requirements herein set forth shall extend to claims occurring after this Contract is terminated as well as while it is in force.

Packet Pg. 565
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 54 Indemnification of Adjacent Property Owners

In the event the Contractor enters any agreement with the owners of any adjacent property to enter upon or adjacent to such property for the purpose of performing this Contract, the Contractor shall fully indemnify, defend and save harmless such person, firm, or corporation, state or other governmental agency which owns or has any interest in the adjacent property. The form and content of the indemnification agreement shall be approved by the Agency prior to commencement of any work on or about such property. The Contractor also shall indemnify the Agency, its officers, officials, employees, agents , representatives, and volunteers a provided in the Contract. These provisions shall be in addition to any other requirements of the owners of adjacent property.”

5-7 SAFETY

5-7.1 Work Site Safety

5-7.1.1 General

Add the following:

“Accidents

The Contractor shall provide at the site, such equipment and medical facilities as are necessary to supply first aid service to anyone who may be injured in connection with the work.

5-7.4 Hazardous Substances

Add the following paragraphs:

Contractors, including subcontractors, shall not perform work on or around City of Redding Asbestos Cement Pipe (ACP) infrastructure unl ess the Contractor has had and can provide appropriate documentation of approved ACP initial and refresher training in compliance of all federal, State and local laws, regulations and standards.

Packet Pg. 566
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 55 Training Requirements

No employee or contractor is permitted to handle or work on or around ACP without completing an approved training course on ACP.”

SECTION 6 PROSECUTION AND PROGRESS

6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK

6-1.1 Construction Schedule

Add the following after the first paragraph:

6-2 PROSECUTION OF THE WORK

Add the following paragraph:

“Work Done by the Agency for the Contractor

6-9 LIQUIDATED DAMAGES

Delete this section in its entirety and add the following:

Packet Pg. 567
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 56 SECTION 7 MEASUREMENT AND PAYMENT

7-2 LUMP SUM WORK

Add the following section:

“Lump Sum Cost Schedule of Values

The Contractor shall furnish to the Engineer a schedule of values for each contract lump sum item of work described in this section.

The Contractor shall determine the quantities required to complete the work shown on the plans. The quantities and values shall be included in the schedule submitted to the Engineer for approval. The Contractor shall be responsible for the accuracy of the quantities and values used in the schedule submitted for approval. Any quantities shown on the plans or noted in these specifications are approximate and shall be considered as informational only.

No adjustment in compensation will be made in the contract lump sum prices paid for the various work items due to any differences between the quantities shown in the cost break - down furnished by the Contractor, or the planned quantities, and the quantities required to complete the work as shown on the plans and as specified in these special provisions.

At the Engineer’s discretion the approved cost br eak-down schedule may be used to determine partial payments during the progress of the work and as the basis of calculating the adjustment in compensation for the item or items of work due to changes ordere d by the Engineer. When an ordered change increases or decreases the quantities of an approved schedule, the adjustment in compensation may be determined at the Engineer’s discretion in the same manner specified for increases and decreases in the quantity of a contract item of work in accordance with Section 2, “Scope of the Work” of the Standard specifications and elsewhere in these special provisions.”

7-3 PAYMENT

7-3.1 General

Add the following paragraphs:

“’In accordance with Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his or her employees.

Attention is directed to the provisions of Sections 10262 and 10262.5 of the Public Contact Code and Section 7108.5 of the Business and Professions Code concerning prompt payment to subcontractors.

Packet Pg. 568
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 57 The Contractor shall return all moneys withheld in retention for the subcontractor within 30 days after receiving payment for work satisfactorily completed, even if the other contract work is not completed and has not been accepted. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the Contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the Contractor or deficient subcontract performance or noncompliance by a subcontractor.”

Delete the last sentence of the eighth paragraph and substitute the following:

Add the following paragraph:

“Manufacturers’ warranties and guarantees furnished for materials used in the work and instruction sheets and parts lists supplied with materials shall be delivered to the Engineer prior to acceptance of the project.”

7-3.2 Partial and Final Payment

The first paragraph shall read:

“The closure date for the purpose of making monthly progress payments shall be the last Friday of the month.”

Delete the third paragraph and substitute the following:

In accordance with Labor Code Section 1771.5(b)5, the Agency shall withhold contract payments when payroll records are delinquent or inadequate.

In accordance with Labor Code Section 1771.5(b)6, the Agency shall withhold contract payments equal to the amount of underpayment and applicable penalties when, after investigation, it is established that underpayment has occurred.”

Add the following after the last paragraph:

“Final Pay Quantities

When an item of work is designated as (F) or (S-F) in the Engineer’s Estimate, the estimated quantity for that item of work shall be the final pay quanti ty, unless the dimensions of any Packet Pg. 569
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 58 portion of that item are revised by the Engineer, or the item or any portion of the item is eliminated. If the dimensions of any portion of the item are revised, and the revisions result in an increase or decrease in the estimated quantity of that item of work, the final pay quantity for the item will be revised in the amount represented by the changes in the dimensions. If a final pay item is eliminated, the estimated quantity for the item will be eliminated. If a portion of a final pay item is eliminated, the final pay quantity will be revised in the amount represented by the eliminated portion of the item of work.

The estimated quantity for each item of work designated as (F) or (S -F) in the Engineer’s Estimate shall be considered as approximate only, and no guarantee is made that the quantity which can be determined by computations, based on the details and dimensions shown on the plans, will equal the estimated quantity. No allowance will be made in the event that the quantity based on computations does not equal the estimated quantity.

7-3.3 Delivered Materials

Add the following paragraph:

7-4 PAYMENT FOR EXTRA WORK

7-4.2 Basis for Establishing Costs

7-4.2.1 Labor

The first paragraph is amended to read:

http://www.dot.ca.gov/hq/construc/equipmnt.html

Packet Pg. 570
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 59 7-4.2.3 Tool and Equipment Rental

Delete the second paragraph and add the following:

“Regardless of ownership; the latest edition of the State of California Department of Transportation equipment rental rates shall be used to determine equipment rental costs.”

7-4.3 Markup

Delete this section in its entirety and add the following:

a. Work by Contractor. The following percentages shall be added to the Contractor’s costs and shall constitute full payment for all overhead and profit.

Overhead costs shall include, but not be limited to such items as project superintendence, project managers, field and home office expenses.

1) Labor 35%
2) Material 15%
3) Equipment Rental & Other Items 15%
4) Subcontractor Work 10% (this markup may be applied a maximum of one time to the extra work bill)

Overhead costs shall include, but not be limited to such items as project superintendence, project managers, field and home office expenses.

1) Labor 35%
2) Material 15%
3) Equipment Rental & Other Items 15%
4) Second-Tier Subcontractor 10% (this markup may be applied a maximum of one time to the extra work bill)

Packet Pg. 571
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 60 PART 2 MODIFICATIONS TO CONSTRUCTION MATERIALS

SECTION 200 ROCK MATERIALS

200-2 UNTREATED BASE MATERIALS

200-2.2.2 Grading

Delete this paragraph and substitute the following:

“'The aggregate shall be uniformly graded and shall conform to the State of California Department of Transportation Standard Specifications Section 26 “Aggregate Base” grading requirements for Class 2 Aggregate Base, ¾-inch (20 mm) maximum size.”

SECTION 203 BITUMINOUS MATERIALS

203-6 ASPHALT CONCRETE

203-6.1 General

The first sentence of the first paragraph is amended to read:

“…mineral aggregate and up to 25 percent reclaimed asphalt pavement (RAP…”

Delete the second paragraph.

The third paragraph is amended to read:

“Unless otherwise specified, the Contractor shall submit a mix design for ½ inch, Type A Hot Mix Asphalt with PG 64- 10 that has been preapproved by the California Department of Transportation (C altrans) or is in compliance with the current Caltrans Standard Specifications.”’

SECTION 207 GRAVITY PIPE

207-1 NONREINFORCED CONCRETE PIPE

207-1.1 General

Add the following paragraph:

“Nonreinforced concrete pipe shall be extra strength.”

207-2 REINFORCED CONCRETE PIPE (RCP)

207-2.1 General

The second paragraph is amended to read:

“The size, type, and strength class of the concrete pipe to be furnished shall be as shown on the Plans.”
Packet Pg. 572
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 61 207-2.9.1 General

The last sentence is amended to read:

“c) Acceptance of certification of compliance with these specifications and inspection of the completed pipe.”

Add the following paragraph:

“The basis for acceptance shall be by certification of compliance with these specifications and inspection of the completed pipe.”

207-15 ABS SOLID WALL PIPE

207-15.1 General

The third sentence is modified to read:

“Minimum wall thickness shall correspond with SDR 23.5”

207-17 PVC GRAVITY PIPE

Section 207-17.1 General

Modify Table 207-17.1 as follows:

“Wall Thickness Min. SDR 26”

SECTION 210 PAINT AND PROTECTIVE COATINGS

210-1 PAINT

210-1.5 Paint Systems

Add the following:

“All components to be painted shall be painted as follows:

1. Preparation – Painting preparation shall be accomplished using an industrial strength, biodegradable cleaner to remove all dirt, grease, oil, and other contaminants.

Surfaces shall be thoroughly power washed with water to ensure all residues have been removed. Provide Devoe Devprep 88 or equal.

Aluminum surfaces to be painted shall be treated as described above, then treated with an etching wash such as Jasco Prep and Primer or equal.

Pre-painting preparation shall include removal of all paper signs, masking tape, scotch tape, and similar contaminates that exist on surfaces to be painted.

Packet Pg. 573
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 62 2. Primer – The primer shall be a low VOC, two component high performance, rust inhibitive epoxy coating. Primer thickness shall be 4-8 mils, when dry, 6-8 mils, when wet. Provide Devoe Devran 203 water borne epoxy primer or equal.

3. Finish Coat – The finish coat shall be a low VOC, two component high performance chemically-cured Aliphatic Urethane Gloss Enamel. Finish coat thickness shall be 2- 3 mils when dry, 2.8-4.3 mils when wet. Provide Devoe Devthane 379H or equal.

The industrial cleaner, primer, and finish coat shall all be produced by the same manufacturer and shall be compatible and appropriate for the intended application.

Paint color shall be City of Redding light pole green. Color samples will be provided to the Contractor for color matching.

Five copies of the cleaner, etching wash, primer, and paint specifications including MSDS sheets, shall be submitted to the Engineer for review prior to the start of work.

All work of this item of work shall be done between the hours of 9 p.m. and 6 a.m.

The contract lump sum price paid for “Paint Traffic Signal” at each location shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in painting all the traffic signal equipment at an intersection, complete in place, including preparing surfaces, cleanup, and all extra work and equipment needed to do this item of work at night as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer.”

SECTION 217 BEDDING AND BACKFILL MATERIALS

217-2 TRENCH BACKFILL

217-2.2 Imported Trench Backfill

Add the following paragraph:

“Backfill material shall be 3 -inch (75 mm) maximum in size and shall be reasonably well graded. Any material proposed to be used that has 30 percent or more not passing the ¾ - inch (20 mm) sieve will be rejected.”

Packet Pg. 574
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 63 PART 3 MODIFICATIONS TO CONSTRUCTION METHODS

SECTION 300 EARTHWORK

300-2 UNCLASSIFIED EXCAVATION

300-2.2.2 Wet Material

Replace in its entirety with the following:

“If required excavated material is unsatisfactory for the specified use on the project solely because of high moisture content, the Contractor may either process the material to reduce the moisture content to an optimum condition, or to remove the material and replace it with suitable material. The cost of drying or removing and replacing the wet material shall be at the expense of the Contractor.”

300-2.6 Surplus Material

The first sentence of the first paragraph is modified as follows:

“… no surplus excavated material may be disposed of within the right-of-way unless directed by the Engineer. Compaction shall be by wheel rolling as occurs during placement.”

300-2.8 Measurement

Delete all paragraphs of this subsection and add the following:

“There will be no measurement of material excavated from this site.”

Add the following paragraphs:

“Payment shall be based on the Engineer’s estimate and is a Final (F) Pay Item.”

300-2.9 Payment

Delete the first sentence of the first paragraph and substitute the following:

“Payment for all unclassified excavation shall be included in the unit prices paid for the various items of work done at the different locations.”

300-4 UNCLASSIFIED FILL

300-4.1 General

Add this sentence to the first paragraph:

“Embankment shall be designated as unclassified fill.”

Add the following paragraphs:

“The preparation, placing, compacting, and other procedures of fill materials (topsoil Class “A”) shall be in conformance with applicable provisions of this section.

Packet Pg. 575
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 64 The fill material (topsoil Class “A”) shall be placed on the site as shown on the drawings. The extent of the placement quantities in the site shall be determined by the Engineer.”

300-4.10 Payment

The first paragraph is amended to read:

Full compensation for unclassified fill shall be considered as included items involved and no further separate payment will be made therefor.”

300-5 BORROW EXCAVATION

300-5.2 Imported Borrow

The second paragraph is amended to read as follows:

“The Contractor shall notify the Engineer sufficiently in advance of opening any borrow site so that adequate time will be allowed for testing the material.”’

300-5.4 Measurement and Payment

Add the following paragraphs:

“The quanti ty for measurement of imported borrow shall be that quantity remaining after deducting the calculated unclassified excavation quantity utilizing the cross sections provided in the plans.

Payment for imported borrow shall include full compensation for excavating, sloping, loading, stockpiling, hauling it to its final location, and doing all the work involved in unclassified fill construction.”

“After the removal of the existing concrete or unclassified excavation, the areas shall be prepared as outlined above, aggregate base material added where needed, and the entire area compacted by the use of vibratory plate- type equipment to the specified relative compaction.”

SECTION 301 SUBGRADE PREPARATION, TREATED MATERIALS, AND PLACEMENT OF

BASE MATERIALS

301-1 SUBGRADE PREPARATION

301-1.2 Preparation of Subgrade

Add the following paragraphs:

Preparation of subgrade shall include the cutting and trimming of existing AC surfaces to neat straight lines as delineated by the Engineer. It shall also include the excavation and removal of all unclassified excavation material and existing AC surfacing.

Packet Pg. 576
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 65 Existing AC removed may be incorporated into the embankment to be constructed provided it is smaller than six inches (150 mm) in its largest dimension and well distributed throughout the embankment material.

301-1.3 Relative Compaction

Delete the first paragraph and add the following paragraph:

“The top six inches of subgrade material shall be compacted to a relative compaction of 95 percent, except subgrade under driveways and sidewalks shall be compacted to a relative compaction of 90 percent.”

301-1.7 Payment

Add the following paragraph:

“Payment for furnishing and placing additional aggregate base materials and the mechanical compaction of all areas shall be considered as included in the unit prices paid for the work involved, and no additional compensation will be allowed.”

301-2 UNTREATED BASE

301-2.1 General

Replace this paragraph in its entirety with the following:

“Untreated base for pavement, curb, g utter, and similar types of improvements, shall be constructed of material as specified in subsection 200-2.2.2 and as modified in these special provisions.”

301-2.4 Measurement and Payment

The following sentence is added to the first paragraph:

“Payment for furnishing and placing aggregate base shall be considered as included in the unit prices paid for concrete sidewalk, concrete curb, concrete curb and gutter, concrete alley and valley gutters, concrete curb ramps, complete in place, and no additional compensation will be allowed.”

SECTION 302 ROADWAY SURFACING

302-5 ASPHALT CONCRETE PAVEMENT

302-5.1 General

Add the following paragraph after the first paragraph:

“The Contractor shall furnish and place all temporary striping and markings in accordance with the California MUTCD.

When asphaltic emulsion is used as a tack coat, asphalt concrete shall not be placed until the emulsified asphalt has cured.”
Packet Pg. 577
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 66 302-5.4 Tack Coat

Add the following sentence:

“In the first and third paragraphs, the tack coat shall be Grade CSS -1h or SS -1 emulsified asphalt.”

302-5.9 Measurement and Payment

Add the following paragraph:

“Payment for permanent resurfacing shall be considered to be included in the price bid for pipe and appurtenances or structures, complete in place, and no additional compensation will be allowed.”

The second sentence of the first paragraph shall read:

“Such price shall constitute full compensation for preparation of subgrade, apply tack coat if required, and placement of temporary striping and markings.”

SECTION 303 CONCRETE AND MASONRY CONSTRUCTION

303-1 CONCRETE STRUCTURES

303-1.12 Payment

Add the following sentence to the second paragraph:

“Payment for concrete structures shall be considered as included in the unit price bid for the various items to which the concrete is pertinent, and no additional compensation will be allowed.”

303-5 CONCRETE CURBS , WALKS, GUTTERS, CROSS GUTTERS, ALLEY

INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS

303-5.1.1 General

Delete the second sentence of the first paragraph and substitute the following:

“Cement mortar shall not be used in finishing curbs.”

The first sentence of the second paragraph shall read:

“The minimum thickness of walks shall be 4 inches (100 mm) adjacent to vertical curb and the minimum thickness of walks shall be 6 inches (150 mm) adjacent to roll curb.”

303-5.1.2 Drainage Outlets through Curb

Add the following sentence to the last paragraph:

“Curb drains shall be constructed using Schedule 40 galvanized steel pipe.” Packet Pg. 578
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 67 303-5.1.3 Driveway Entrances

Delete the first sentence of the second paragraph and substitute the following:

“The fully depressed curb opening at driveway entrances shall be ½ -inch (13 mm) plus or minus 1/8-inch (3 mm) above gutter flow line at the curb face.”

Delete the last sentence of the third paragraph and substitute the following:

“At residential driveways, the thickness of the walk shall be 6 inches (150 mm) unless otherwise specified.”

303-5.4.2 Expansion Joints

The first sentence of the second paragraph shall read:

“One-half inch (1/2-inch) joints…”

Delete the first sentence of the third paragraph and substitute the following:

“Expansion joint filler ½ -inch (13 mm) thick shall be placed in walk at the BC and EC of all walk returns, around all utility poles which may project into the concrete along the line of the work, at commercial driveways, and between the walk and all buildings or other structures at the right-of-way line or when required by the Engineer.”

303-5.4.3 Weakened Plane Joints

The second and third paragraphs are amended to read as follows:

“…intervals not exceeding 12 feet.”

303-5.5.2 Curb

Delete the last two sentences of the first paragraph and substitute the following:

“Cement mortar shall not be used in finishing curb.”

The last sentence of the second paragraph is amended to read:

“The surface of the work shall be finished as prescribed; after which the name of the Contractor, together with the year in which the improvement is constructed, may be stamped therein to a depth of ¼-inch in letters not less than ¾-inch high, at BC and EC of curb returns.”

303-5.9 Measurement and Payment

Add the following paragraphs:

“Full compensation for all required sawcutting, excavation, removal, and disposal of concrete rubble and asphalt concrete pavement, aggregate base placed under curbs, gutters, sidewalks, bus turnouts, and driveways, asphalt concrete tie-in paving and any other items of work necessary to construct curb, gutter, sidewalks, handicap ramps, and driveways shall be Packet Pg. 579
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 68 considered as included in the unit prices paid for the various items to which the work is pertinent.”

Delete the first paragraph and substitute the following:

“Curb and gutter shall be measured continuous through driveways, handicap ramps, and curb returns. Curb and gutter shall be measured at the top face of curb. Unless otherwise specified elsewhere in these special provisions, curb and gutter shall be paid for at the linear foot price set forth in the bid documents. Local depressions at catch basins shall be included in the unit price paid for catch basins. Curb and gutter for bus turnouts and cross gutter spandrels shall be included in the unit price paid for bus turnouts and cross gutter.”

SECTION 306 OPEN TRENCH CONDUIT CONSTRUCTION

306-4 SHORING AND BRACING

Add the following:

“All excavations shall be shored per CAL-OSHA requirements.

Work in excavations over 60 inches (5 feet) in depth shall be in strict conformance with CAL- OSHA requirements.

In the event that the trenching operation exceeds 5 feet in depth, the Contractor shall be responsible for providing and installing trench shoring as required by CAL-OSHA and the cost for such shoring shall be included in the price paid for “Trench Sheeting and Shoring” and no additional compensation will be allowed.

On Public Works’ construction, it shall be understood that the Owner, Owner/Operator, etc., shall be considered the same as an employee or workman for determining conformance with the CAL-OSHA requirements.”

306-6 BEDDING

306-6.1 General

Delete the second sentence of the fourth paragraph and add the following:

“If soft, spongy, unstable, or other similar material is encountered upon which the bedding material or pipe is to be placed, this unsuitable material shall be removed to a depth ordered by t he Engineer and replaced with trench stabilization material suitably densified. The Engineer may also require an envelope of an approved filter fabric be installed around the stabilization material if it appears migration of adjacent materials into the stabilization material could be a problem. Addition of trench stabilization material so ordered will be paid for as specified in Section 7-4 “Payment for Extra Work” in the General Provisions. The Contractor shall bear any additional expense for trench exc avation, shoring, or dewatering. If the necessity for such trench stabilization material has been caused by an act or failure to act on the part of the Contractor, the Contractor shall bear the entire expense of the additional material.”

Packet Pg. 580
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 69 306-8.9 Pipeline Pressure Testing, Disinfection, and Commissioning

306-8.9.1 General

Add the following sentence to the first paragraph:

“All chlorination, flushing, and testing of new lines shall be accomplished prior to any tie-ins to existing water lines.”

306-8.9.2 Hydrostatic Pressure Test

Delete this section in its entirety and refer to the City of Redding Construction Standards Page 400.50.

306-8.9.4.3 Potable Water System Disinfection Procedures

Delete this section in its entirety and refer to the City of R edding Construction Standards Page 400.50.

306-12.4 Jetted Trench Backfill

Replace this section with the following:

“Jetting shall not be considered as a suitable method of compaction.”

306-13.1 Temporary Resurfacing

Add the following paragraph:

“Temporary resurfacing of trenches shall be completed at the end of each work day.”

306-15 Payment

306-15.1 General

In Item o), substitute “including” for “excluding” in reference to temporary resurfacing.

Add the following paragraphs:

“All temporary and permanent striping, marking and markers, abandoning existing sewer (and laterals) and/or water which includes filling the exposed end of the pipe with a minimum of 2 feet of concrete and ensuring that plug is watertight and capable of withstanding all int ernal and external pressures without leakage, and Class 200 (DR14) C-900 pipe (as required), and couplers necessary to connect to existing sewer mains.

The contract price paid per lineal foot for “Sanitary Sewer Lateral (Reconnect)” shall include full compensation for furnishing all labor, material, tools, equipment, and incidentals, and for doing all the work involved in replacing a live sanitary sewer lateral, complete in place, including sawcutting existing paving, off-site disposal of concrete and asphalt rubble, existing pipe, trench spoils, excavating, dewatering, two- way lateral cleanout with cast iron traffic lid and precast concrete block (where required), lateral pipe material, backfill and compaction, replacing curb, gutter, and sidewalk; connecting to the sanitary sewer main; and all necessary Packet Pg. 581
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 70 coordination with City staff, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer.”

306-15.9 Temporary Resurfacing

Replace this section with the following:

“Payment for temporary resurfacing shall be considered to be included in the price bid for the various items of work and no additional compensation will be allowed.”

SECTION 314 TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT

MARKERS

314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS

314-4.4.1 General

Replace this section with the following paragraphs:

“All traffic striping and pavement markings shall be thermoplastic and Sections 84-1 and 84- 2 of the Caltrans Standard Specifications, latest edition, are hereby made a part of these specifications as though fully contained herein, except that the minimum thickness of traffic stripes and pavement markings shall be as follows:

Traffic Stripes – 90 mil.

Pavement Markings – 120 mil.

When striping trails traffic stripe shall be 3-lineal-feet broken stripe with 9 lineal feet between each stripe.

Unless otherwise directed by the Engineer, all new traffic striping and pavement markings shall be as shown on the drawings. Lane width dimensions shall be from center-to-center of striping.

The Engineer shall have 72 hours to review and approve all cat tracking prior to application of striping and pavement markings.”

314-4.4.5 Measurement
Replace the first paragraph with the following paragraphs:

“Traffic stripes will be measured by the linear foot along the line of the traffic stripe without deduction for gaps in broken traffic stripes. A double traffic stripe, consisting of two 6 -inch- wide yellow stripes, will be measured as two traffic stripes.

Pavement markings will be measured by the square foot and will include all crosswalk bars, limit lines, arrows, words, and bike lane symbols.

Traffic stripes, pavement markings, and permanent pavement markers shall not be applied to new paved surfaces until a minimum of seven days curing time has elapsed.”

Packet Pg. 582
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 71 314-4.4-6 Payment

Add the following paragraph:

“At work areas consisting only of “Replace Asphalt Concrete Surfacing,” pavement markings and striping shall be replaced as directed by the Engineer. Payment for marking and striping will be in accordance with the bid schedule prices.”
Packet Pg. 583
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 72 PART 4 EXISTING IMPROVEMENTS

SECTION 400 PROTECTION AND RESTORATION

400-1 General

Add the following paragraph after the second paragraph:

“The Contractor shall thoroughly inspect the street surface over which his equipment will move and only schedule that equipment and methods which will not cause damage to the existing surface. Repairs made necessary from noncompliance, shall be as directed by the Engineer, and the original appearance of the area shall weigh heavily in determining the extent of the repair.”

Add the following paragraph after the third paragraph:

“When the Contractor is required on private property, the Contractor shall furnish the City of Redding with a signed waiver notice from each of the property owners stating:

I hereby declare that the work performed on my property by the Contractor for the City of Redding has been satisfactorily cleaned up, and that I hereby waive any claim for damages to my property caused by said work.”

SECTION 401 REMOVAL

401-1 General

Add the following paragraphs:

“In the event the Contractor proposes to dispose of concrete, asphalt, or other materials at a site other than an approved landfill, the Contractor shall obtain written permission from the Engineer of the location of the disposal site and provide the City with a completed “Supplement Disposal Site Agreement” included in these specifications.

It shall be the responsi bility of the Contractor to remove and dispose of all excess material and concrete rubble from the job site prior to the end of each work day unless otherwise approved by the Engineer.

The cost of removing and disposing of the material from the sites shall be considered as included in the unit prices paid for the work, and no additional compensation will be allowed therefor.”

401-2 Asphalt Concrete Pavement

The second sentence of the first paragraph is amended to read:

“Sawcutting of edges is required when shown on the plans or directed by the Engineer.”

Packet Pg. 584
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 73 SECTION 402 UTILITIES

402-1 Location

402-1.1 General
Replace the last sentence of paragraph 3 with the following:
“The Contractor shall provide the subsurface installation location data to the Engineer ten (10) Working Days prior to any scheduled excavation.”

Packet Pg. 585
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 74 PART 6 TEMPORARY TRAFFIC CONTROL

SECTION 600 ACCESS

600-1 General

Add the following paragraphs after the second paragraph:

“The Contractor shall provide traffic control during all const ruction survey staking to be performed by City staff.”

“The Contractor shall designate a person whose sole responsibility is to manage the coordination of all traffic control, the traffic control plan, public notification, automobile removal, and other activities necessary to minimize the inconvenience to the public. The Contractor shall provide a sufficient number of workers to assist the designated person with coordination of all traffic control, traffic control plan, public notification, automobile removal, and other activities necessary to minimize the inconvenience to the public. The designated person shall be available to the Eng ineer, inspectors, and the public for the duration of the contract through the use of a cellular phone. The phone number for the designated person shall be listed on all notifications for coordinating, submitting, making changes to, submitting proposed revisions to, and maintaining the traffic control plan and implementing all traffic control measures.”

Street Closures, Detours, Barricades

The Contractor shall, 72 hours prior to the beginning of any work requiring lane closures, provide changeable message boards at each end of the work area warning the public of possible traffic delays.

Full compensation for providing and maintaining message boards shall be considered as included in the contract lump sum price paid for traffic control and no further compensation will be allowed therefor.

The Contractor shall, 24 -48 hours prior to the beginning of trenching operations or paving, post and maintain, on all streets that are to be worked upon, approved “No parking - Tow Away” signs at 100-feet intervals. These signs shall also state the day of the week and hours of no parking. The Contractor shall be responsible to arrange for autos to be moved from the residences/businesses, by a towing firm having a City of Redding business license, prior to start of the day’s work. Direct charges from the towing firm, for vehicle towing, will be paid for by the City in accordance with “G reenbook” Section 3-3 Extra Work. No compensation will be made for delays or the Contractors efforts caused by the movement of autos from the work area.

A copy of each notice shall be submitted to the Engineer for review and approval a minimum of five working days before a planned disruption.

The Contractor shall submit traffic control plans for review, revision, and/or approval by the Engineer. The Contractor shall allow a minimum of five (5) working days for review and shall not begin work until plans are approved. The control measures shall be in conformance with the California Manual of Uniform Traffic Control Devices (CA -MUTCD). The Engineer shall reserve the right to stop any construction activity from proceeding if the work involves traffic Packet Pg. 586
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 75 detours and/or controls that have not been previously approved or are not in conformance with the approved plan. The Contractor shall not be allowed to claim damages for delay arising from work stoppages by the Engineer in cases involving unauthorized or im proper traffic control regulations.

Maintaining Traffic

The Contractor shall so conduct operations as to offer the least possible obstruction and inconvenience to the public and shall have under construction no greater length or amount of work than can be prosecuted properly with due regard to the rights of the public. All public traffic shall be permitted to pass through areas of work not addressed by the approved traffic control plan with as little inconvenience and delay as possible.

At areas of work not addressed by the approved traffic control plan a minimum of one traffic lane, not less than 12- feet wide, shall be open for use by public traffic. When construction activities are not actively in progress, all traffic lanes shall be open to public traffic. During construction operations, a road may be closed and public traffic stopped for a period not to exceed fifteen minutes. After each closure, all accumulated traffic shall be allowed to pass through the work before another closure is made.

Existing traffic signals and street lighting shall be kept in operation for the benefit of public traffic during progress of the work.

The Contractor shall inform all businesses and abutting property owners, within and immediately adjacent to the project limits, about impending work that will disrupt utility service, traffic flow, or impede access to their establishments. Notification shall be made in writing, in a form acceptable to the Engineer, by the Contractor at least two days pr ior to start of such work.

Full compensation for conforming to the requirements in this Section shall be considered as included in the lump sum price paid for “Traffic Control” and no additional compensation will be allowed therefor.

Traffic Control System for Lane Closure

A traffic control system shall consist of closing traffic lanes in conformance with the provisions in Section 12-3, "Traffic Handling Equipment and Devices," of the California Department of Transportation Standard Specifications, dated 2015 and the provisions under "Maintaining Traffic"" of these special provisions.

The provisions in this section will not relieve the Contractor from the responsibility to provide additional devices or take measures as may be neces sary to comply with the provisions in Section 7-10, "Public Convenience and Safety," of the Standard Specifications.

If components in the traffic control system are displaced or cease to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair the components to the original condition or replace the components and shall restore the components to the original location.

The maximum length of any work shift shall be limited to 12 hours, from 6 p.m. to 6 a.m.

Traffic cues created by the work shall not affect the operation of any adjacent traffic signal.

Packet Pg. 587
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 76 Lane closures shall be made for work periods only. At the end of each work period, components of the traffic control system shall be removed from the traveled way and shoulder.

If a lane or road closure is not reopened to public traffic by the specified time, the Contractor shall pay to the Agency, or have withheld from moneys due it, the sum of $200 per each 20 minutes. After any such delay, the Contractor shall suspend all work in accordance with Greenbook Section 6-3, Suspension of Work, until the Engineer has reviewed and approved a work plan submitted by the Contractor showing that future closures will be reopened to public traffic by the specified time. The Engineer will have two working days to approve or reject each work plan submittal. The Contractor shall not be entitled to any compensation for costs incurred, or damages resulting from, work suspension as a result of late reopening of lane closures.

One-way traffic shall be controlled through the project in conformance with the Manual of Uniform Traffic Control Devices (MUTCD) and these special provisions.

The contract lump sum price paid for traffic control shall include full com pensation for furnishing all labor (including flagging costs), materials (including signs), tools, equipment, and incidentals, and for doing all the work involved in placing, removing, storing, maintaining, moving to new locations, replacing, and disposing of the components of the traffic control system and all public notification and towing coordination, as shown on the plans, as specified in the California Department of Transportation Standard Specifications, dated 2015, these special provisions, and as directed by the Engineer.

SECTION 601 TEMPORARY TRAFFIC CONTROL FOR CONSTRUCTION AND

MAINTENANCE WORK ZONES

601-2 Temporary Traffic Control Plan (TTCP)

Add the following paragraphs:

“Submittals for TTCP shall be consistent with the City for Redding’s “Guideline for Temporary Traffic Control Plan (TTCP) Development (
Engineering Division Forms and Handouts | City of
Redding.)

The Contractor shall submit traffic control plans for review, revision, and/or approval by the Engineer. The Contractor shall allow a minimum of five (5) working days for review and shall not begin work until plans are approved. The control measures shall be in conformance with the California Manual of Uniform Traffic Control Devices (CA -MUTCD). The Engin eer shall reserve the right to stop any construction activity from proceeding if the work involves traffic detours and/or controls that have not been previously approved or are not in conformance with the approved plan. The Contractor shall not be allowed to claim damages for delay arising from work stoppages by the Engineer in cases involving unauthorized or improper traffic Control regulations.”

Packet Pg. 588
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project) 77 601-2.2 Payment

Add the following paragraph:

The contract lump sum price paid for “Traffic Control” shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in traffic control, complete in place, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer.”

Packet Pg. 589
Attachment: Specifications (4.11(g)--Award Bid Negotiation No. 5402 (Job No. 2707) Replace AC Surfacing 2023 Project)

CITY OF REDDING

REPORT TO THE CITY COUNCIL

Recommendation

Approve the following actions:
(1) Authorize the City Manager to finalize negotiations and, upon completion , execute a Change Order with Graviton Consulting , moving the proposed go live date from January 1, 2024, to July 1, 2024 , for an amount not to exceed $31 9,150 for the Oracle E nterprise Resource Planning/ Human Capital Management Implementation Services; (2) Authorize the City Manager to finalize negotiations and , upon completion , execute a Change Order with BerryDunn LLC for an amount not to exceed $87,250 for the Oracle project and change management services; and
(3) Authorize the City Manager to finalize negotiations and , upon completion , execute a contract for a Managed Services Agreement with Graviton Consulting for an amount not to exceed $270,000.

Fiscal Impact

The change order with Graviton Consulting is based on the request to modify the go live date from January 1, 2024 , to July 1, 2024 , to complete the Human Capital Management (HCM) phase of the project. The fiscal impact of this change is $319,150, of which, approximately $106,000 would be from the General Fund. Another aspect of this change is needing to increase the project management and change management services with BerryDunn LLC , in an amount not to exceed $87,250, of which, approximately $29,000 would be from the General Fund.

Overall the change of go live date is resulting in total additional cost of $ 406,400, which the General Fund is approximately $1 35,000. These amounts will be budgeted after final negotiations with both parties at the mid -year budget update. Upon staff compiling the final costs, staff will consider other needs and the cash position of the Information Technology internal service fund , the City of Redding (City) could utilize reserves to mitigate or eliminate the impact of this change to the City funds including the General Fund.

MEETING DATE: October 2, 2023
ITEM NO. 9.1(a)
FROM:

***APPROVED BY***
[email protected]

[email protected]
SUBJECT: 9.1(a)--Consider authorizing the City Manager to finalize negotiations and execute change orde rs to contracts with the City of Redding and Graviton Consulting for implementation and project management services related to change of the go live date and with the City of Redding and BerryDunn LLC for post go live support services.

Barry Tippin, City Manager
Packet Pg. 590
Report to Redding City Council September 28, 2023
Re: 9.1(a)--Authorize City Manager to negotiate & execute change orders for ERP Implementation Services Page 2

The managed services agreement was included with the Biennial Budget Development and will have no fiscal impact to authorizing the City Manager to approve the agreement.

Alternative Action

The City Council could choose to provide staff with alternative direction. One option is to try to maintain the current projected go live date of January 1, 2024. This option brings with it significant risk such as staff burnout, issues with project completion, an d ultimately the risk of not achieving a status sufficient to go live and requiring a change to the timeline after a significant push to achieve January 1, 2024. Additionally, Council could direct staff to explore other alternative options, such as other projected go live dates.

Background/Analysis

The Oracle Cloud Project has three phases. The first phase, Enterprise Resource Planning (ERP)/Finance phase, went live on July 1, 2023 , as scheduled. The second phase, HCM/Payroll/Time and Attendance Phase, is currently scheduled to go live beginning January 1, 2024. The third phase, the Budget phase, is slated to go-live in January 2025.

The ERP Project Management Team meets weekly and reports progress to the Executive Steering Committee on a monthly basis. During the last few months, the Project Management Team has reported many risks related to the HCM/Payroll go -live date. Some of the risks included are related to project personnel and the current pace of the project as well as the configuration of the s oftware. Both the Project Management Team and the software vendor, Graviton Consulting, are in favor of adopting a new project schedule. The Project Management Team believes that the time to re -baseline the project is now to allow rather than to incur additional costs and avoid risk at a later date.

The Graviton Consulting , the system integrator for the Oracle Cloud Project, change order was prepared by the vendor’s project sponsor and includes staffing cost to allow to an exten ded timeline to reduce risk for the City to better prepare for accurate payroll, train staff on new timesheet processes, and complete necessary configuration for success.

The BerryDunn’s, the City’s third -party project manager, change order is to extend our project management services. BerryDunn originally budgeted an average of 180 hours per month from their project management team. BerryDunn has maintained that average with the extension of the HCM/Payroll timeline and will lead change management activities for the City.

The fina l element is to approve completion of a managed services agreement with Graviton Consulting. This agreement is designed to assist the City with full adoption of the new ERP system and make any enhancements necessary to the system. This will provide better support to the success of the project as each phase is implemented and begins use. It will help City staff get up to speed on how to support the new software while also identifying areas where the system can be improved and help the City implement changes as they are identified. This contract is designed to assist the City in fully realizing the investment made thus far in the new Oracle software. This contract will provide an additional year of support beyond the support included in the original contract.

Packet Pg. 591
Report to Redding City Council September 28, 2023
Re: 9.1(a)--Authorize City Manager to negotiate & execute change orders for ERP Implementation Services Page 3

Environmental Review

This is not a project defined under California Environmental Quality Act, and no further action is required.

Council Priority/City Manager Goals

• Budget and Financial Management – “Achieve balanced and stable Ten-Year Financial Plans for all funds.”
• Communication and Transparency – “Improve the quality of communication with the public and City employees to enhance knowledge and increase transparency to improve public trust.”
Packet Pg. 592

CITY OF REDDING

REPORT TO THE CITY COUNCIL

Recommendation

Authorize and approve the following:
(1) Authorize staff to hire a consultant to prepare a Multi-Court Facility Market Opportunity Analysis Feasibility Repo rt including a p ro-forma and economic impact analysis. This would be Option 2 described in the background of this report; and (2) Adopt Resolution adopting and approving the 15th Amendment to Budget Resolution No. 2023-060 appropriating $63,500 for the Market Analysis and Project Cost Report for the Multi-Court Facility from the City of Redding Parks Development Fund.

Fiscal Impact

The cost for the full report, including market opportunities analysis, pro forma, economic impact analysis, and feasibility rep ort, plus an estimated $5,000 for travel expenses, is $63,500. The funding will come from the Park Development Fund collected from park impact fees.

Alternative Action

The City Council (Council) could decline to adopt the resolution which will pause any additional work on this project. Or, the Council could provide staff with alternate direction.

Background

At the March 21, 2023, City Council (Council) meeting, Council Member Munns suggested and a consensus of the Council directed the Community Services Director to create a strategy/feasibility study for an eight -court basketball facility similar to the Hardwood Palace in Rocklin at/or adjacent to Big League Dreams for consideration at a future Council meeting. The Council encouraged utilizing community members to assist in the development of the study.

MEETING DATE: October 2, 2023
ITEM NO. 9.6(a)
FROM:

***APPROVED BY***

[email protected]

[email protected]
SUBJECT: 9.6(a)--Consider hiring Consultant and adopting Resolution appropriating funds for a Market Analysis and Project Cost Report for a Multi-Court Facility in the City of Redding.

Kim Niemer, Community
Services Director
Packet Pg. 593
Report to Redding City Council September 27, 2023
Re: 9.6(a)--Adopt Budget Resolution for Court Project Study Page 2

On May 9, 2023, a meeting was convened with several community members active in court sports and construction, which included Rob Barr of Gifford Construction, Allen Knott of K2 Development, Brody Angle y, Todd Franklin, Michael Gray, and Louis Volpe. Council Member Munns, CSAC Chair James Finck, Community Services Director Kim Niemer, Recreation Superintendent Teresa Urricelqui, and Recreation Supervisor Tori Hughes were also present.

There was a strong consensus among the group that the community currently needs more indoor courts. Some of the participants have explored constructing private facilities. Others voiced support for the City to build a facility to support youth sports more broadly.

On July 6 , 2023, a subset of the committee toured two indoor court facilities: The Roebbelen Center @ the Grounds (Roebbelen Center) in Roseville and the Hardwood Palace in Rocklin.

The Roebbelen Center was opened in February 2020 in the Placer County Fairgrounds a nd is operated by Placer Valley Tourism. Hardwood Palace opened in 2008 and is under private ownership, housed in a commercial warehouse complex.

The Roebbelen Center has 49-foot ceilings and 250 feet of column -free spans that provide for a wide variety of activities, including athletic tournaments, trade shows, festivals, and graduations.

The 160,000 -square-foot (sf) event center can seat up to 6,000 people, accommodating 12 basketball courts or 24 volleyball courts. The Roebbelen Center also includes a 10,000-sf lobby, flexible meeting rooms, offices, a training room, and a loading dock serving 12,000-sf of storage.

The project cost approximately $34 million. Additional information can be found on their website at: https://www.atthegrounds.com/facilities/roebbelen-center/.

Placer Valley Tourism (PVT) is a Business Improvement District (BID) including the cities of Roseville, Rocklin, and Lincoln. PVT exists to market the three -city region as a tourism destination to generate incremental room nights in hotels in the cities. Each hotel property within the footprint pays a $6.50 assessment into the BID for each paid room night in the respective hotel. This assessment, plus operating revenues, funds the operation of @ The Grounds, a 60- acre campus with nearly a dozen completely unique venue rentals , that includes the Roebbelen Center and other tourism marketing efforts.

The Hardwood Palace is a 70,000-sf basketball and sports facili ty with eight hardwood courts.

The courts can be converted for volleyball, futsal, pickleball, or other court sports. The facility also includes meeting rooms, a snack bar, and a second -floor viewing area. The facility is privately owned and operated, maki ng financial data unavailable. Additional information can be found on their website at: https://www.hardwoodpalace.com.

After touring both facilities, the group recommended the City engage a consultant to assist with a market opportunity analysis. Staff obtained two proposals from Sports Facilities Companies to complete the next step in evaluating the feasibility of a project. Option 1 is limited to a Market Opportunity Analysis, while Option 2 would expand in to construction costs, operational costs, revenue projections, economic impact, etc. Option 3 is to complete Option 1 and then decide to complete the remaining components.

The cost for the Market Opportunities Analysis is $18,000 plus $2,000 in travel ex penses, a total of $20,000. The cost of the Full Report contracted at once is $58,500 plus an estimated $5,000 for travel expenses, a total of $63,500. The cost for the Market Opportunities Analysis with a go - no-go option to complete the second phase is $7 5,000. There is a penalty of almost $12,000 for selecting Option 3 over Option 2 due to some redundancy and inefficiency. The resulting reports are the same.

Packet Pg. 594
Report to Redding City Council September 27, 2023
Re: 9.6(a)--Adopt Budget Resolution for Court Project Study Page 3

Option 1:

Market Opportunity Analysis to expand on the vision, define the parameters of the proj ect, and refine the plan that provides the City with the most likely path forward, including:

• A business model that best meets the City's definitions of success; • Identifying the market the facility will serve, including characteristics of potential customer participation rates for featured activities and the competition the facility will face;
• The programs (spaces and sizes) that best meet the vision capitalize on opportunities and mitigate challenges;
• The cost of constructing the recommended facility; and • The performance of comparable facilities based on national industry benchmarks.

COST: $18,000 plus $2,000 in travel expenses, a total of $20,000.

Option 2:

Option 1 Market Opportunity Analysis plus Pro Forma, Economic Impact Analysis and Feasibility Report.

The Pro Forma will provide the City with detailed financial projections based on:
• The ideal business model;
• Realistic and/or recommended debt-to-equity mix and debt service; • Right-sized program spaces and space requirements;
• Construction and start-up costs based on recent, comparable projects; • Recommended Parking;
• Revenue by product/program;
• Direct/variable costs (Cost of Goods Sold);
• Facility and operating expenses;
• Management and staffing model; and
• Utilization projections.

The Economic Impact Analysis will project the economic impact of the facility on an annual basis. The economic impact is defined as new off -site spending that will occur in the market as a result of tournaments and events held at the facility. This information is used to project economic activity from out-of-town visitors who would not be in the events held at the facility.

The Feasibility Report will include the following sections:
• Executive Summary;
• Market Overview;
• Facility Overview;
• Programs, Products, and Services;
• Financial Performance Overview; and
• Conclusion and Next Steps.

COST: $63,500, including travel expenses.

Packet Pg. 595
Report to Redding City Council September 27, 2023
Re: 9.6(a)--Adopt Budget Resolution for Court Project Study Page 4

Option 3:

Proceed with Option 1 and then decide to continue with the remainder of the work in Option 2.

COST: $75,000, including travel expenses.

Environmental Review

While the development of a court facility is a project under the guidelines of the California Environmental Quality Act (CEQA), the feasibility study is not a project under CEQA.

Therefore, no further action is required at this time.

Council Priority/City Manager Goals

• Communication and Transparency – “Improve the quality of communication with the public and City employees to enhance knowledge and increase transparency to improve public trust.”
• Government of the 21 st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.”
• Economic Development – “Facilitate and become a catalyst for ec onomic development in Redding to create jobs, retain current businesses and attract new ones, and encourage investment in the community.”

Attachments
^Resolution
Packet Pg. 596
RESOLUTION NO. 2023-___

A RESOLUTION OF THE CITY OF REDDING APPROVING AND ADOPTING THE 15TH AMENDMENT TO CITY BUDGET RESOLUTION NO. 2023-060
APPROPRIATING $63,500 FOR MARKET ANALYSIS AND PROJECT COST REPORT

FOR MULTI -COURT FACILITY FROM THE PARKS DEVELOPM ENT FUND FOR FISCAL YEAR 2023-2024

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDDING

THAT Budget Resolution No. 2023-060 be and is hereby amended as follows:

FUND DIVISION DESCRIPTION INCREASE DECREASE
151

1796 Parks Impact Fees

$64,060

THAT account titles and numbers requiring adjustments by this Resolution are as follows:

USE SOURCE

OF FUNDS OF FUNDS
Decrease (Increase) Fund Balance
151-1796-2910000-00000 Fund Balance 63,500$
Increase Expenditures
151-1796-6900107-00000 Parks Studies 63,500$
Total 63,500$ 63,500$

THAT the purpose is to appropriate $63,500 for market analys is and project cost report for multi - court facility from the Parks development fund the fiscal year 2023-2024.

I HEREBY CERTIFY that the foregoing resolution was introduced at a special meeting of the City Council of the City of Redding on the 2nd day of October, 2023, and was duly adopted at said meeting by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

MICHAEL DACQUISTO, Mayor

ATTEST: FORM APPROVAL:

SHARLENE TIPTON, City Clerk BARRY E. DeWALT, City Attorney

Packet Pg. 597
Attachment: ^Resolution (9.6(a)--Adopt Budget Resolution for Court Project Study)

CITY OF REDDING

REPORT TO THE CITY COUNCIL

Recommendation

Adopt Resolution approving a successor Memorandum of Understanding and salary exhibits with UPEC RFMU f or a three -year term beginning October 1, 2023 , and ending September 30, 2026; and approving amendments to the UPEC RFMU Schedule of Wage Rates effective October 1, 2023.

Fiscal Impact

If the successor Memorandum of Understanding (MOU) with Redding Fire Management Unit (RFMU) is appr oved there will be a net cost including savings from any concessions of approximately $264,000 per year. RFMU will begin paying an additional five percent towards their group health beginning in January 2024. This will result in RFMU employees paying a total of 20 percent of their group health benefit. As a result of the increase in the employee share of the group health benefit from 15 to 20 percent, there will be a savings of approximately $85,000 over the next 10 years due to the group health benefit cha nges, with approximately $20,000 of the savings occurring during the term of the contract. The total estimated cost (including wage adjustments and benefit changes) of the successor MOU over the three -year term is $684,000, which is entirely attributable t o the General Fund with some of the cost being paid for by the City of Redding (City) Electric Utility Wildfire Mitigation program. The 10 percent General Fund reserve is maintained throughout the life of the plan after accounting for these changes.

Alternative Action

The City Council could decline to approve the MOU and salary exhibits, thereby returning the City’s labor negotiation team to the bargaining table to continue the bargaining process with RFMU.

MEETING DATE: October 2, 2023
ITEM NO. 9.15(a)
FROM:

***APPROVED BY***

[email protected]

[email protected]
SUBJECT: 9.15(a)--Consider Resolution approving Successor Memorandum of Understanding and Salary Exh ibits with United Public Employees of California, Local 792, Redding Fire Management Unit (UPEC RFMU).

Kari Kibler, Personnel
Director
Packet Pg. 598
Report to Redding City Council September 27, 2023
Re: 9.15(a)--UPEC - RFMU Successor MOU Page 2

Background/Analysis

The current RFMU MOU ex pired on September 30, 2023. Following comprehensive negotiations, RFMU ratified the proposal package on September 27, 2023. The proposed MOU would be effective October 1, 2023, through September 30, 2026.

A complete MOU, amended as proposed, is available online.

Major revisions of the proposal package include:

Term and Wages

Salary adjustments over the three-year term are as follows:
• Effective October 1, 2023, salaries will be increased 16 percent; • Effective September 29, 2024, salaries will be increased four percent; and • Effective September 28, 2025, salaries will be increased four percent.

The recent contract with International Association of Firefighters included wage increases, which are now compressing with RFMU positions. The recommended incr eases promote proper position relationships and succession planning within the Redding Fire Department.

Additionally, the MOU includes additional incentive pays, including:
• Inclusion of the Fire Marshal Certification as one of the options to receive two - and one- half percent incentive pay in the category for Chief Officer Certificate or Chief Fire Officer Certification;
• Two- and one-half percent incentive pay for Fire Investigator Certification; and • Adds Damage Inspection Manager to the final row of the i ncentive pay table and allow for a cap of five percent for multiple incentives in the final row of the incentive pay table.

The existing incentive pay options are tailored toward fire suppression duties; these additional options provide more opportunities for Fire Prevention Division employees to earn incentive pays.

The MOU also establishes on-call compensation for the Fire Prevention Division, Duty Chiefs, and Shift Battalion Chiefs.

Benefit Modifications

Vacation Accrual Rate Changes
• Vacation accruals will increase from a range of 113 hours to 280 hours to a range of 144 hours to 288 hours, depending on years of service.

Group Health Program
• Effective Calendar Year 2024, the employee contribution to City’s Group Health Insurance Base Plan will increase from 15 to 20 percent of monthly premium rate.

Packet Pg. 599
Report to Redding City Council September 27, 2023
Re: 9.15(a)--UPEC - RFMU Successor MOU Page 3

Other
• The Juneteenth holiday will be observed in lieu of existing Columbus Day holiday; • There were additional revisions to incorporate existing side letters as well as other non-substantive revisions; and
• Reopeners were included to meet and confer to review existing classification specifications for inclusion in the MOU as exhibits, clean up salary schedule job titles to match updated classification specifications, and discuss the establishment of a body camera policy for fire prevention staff when performing law enforcement duties.

Environmental Review

This is not a project defined under the California Environmental Quality Act, and no further action is required.

Council Priority/City Manager Goals

• Budget and Financial Management – “Achieve balanced and stable 10 -year Financial Plans for all funds.”

Attachments
^Resolution - UPEC RFMU
^UPEC RFMU MOU Final with exhibits
UPEC RFMU MOU - Redline
Exhibit A-0 Current Salary Schedule
^Exhibit A-1 Salary Schedule Effective October 1, 2023
^Exhibit A-2 Salary Schedule Effective September 29, 2024 ^Exhibit A-3 Salary Schedule Effective September 28, 2025 Packet Pg. 600

RESOLUTION NO. 2023-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING

ADOPTING THE SUCCESSOR MEMORANDUM OF UNDERSTANDING

AND SALARY EXHIBITS BETWEEN THE CITY OF REDDING AND
UNITED PUBLIC EMPLOYEES OF CALIFORNIA – REDDING FIRE

MANAGEMENT UNIT

WHEREAS, United Public Employees of California – Redding Fire Management Unit (UPEC- RFMU) has been formally recognized as the majority representative of an appropriate unit of employees, as set forth in Section 2.1 of Article 2 of the Memorandum of Understanding between the City of Redding and UPEC-RFMU; and

WHEREAS, the designated representatives of the City of Redding engaged in good faith bargaining regarding terms and conditions of employment with the designated representatives of UPEC-RFMU as required by the provisions of the Meyers-Milias-Brown Act of 1968, resulting in the proposed Memorandum of Understanding and Salary Exhibit s attached and incorporated herein; and

WHEREAS, staff recommends adoption of said Memorandum of Understanding and Salary Exhibits; and

WHEREAS, the City Council deems it to be in the best interest of the City to adopt such recommendation;

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Redding that the comprehensive Memorandum of Understanding governing the period of October 1, 2023, and ending September 30, 2026, and accompanying Salary Exhibits are hereby adopted effective October 1, 2023.

I HEREBY CERTIFY that the foregoing resolution was introduced and adopted at a special meeting of the City Council of the City of Redding on the 2nd day of October, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

____________________________________
MICHAEL DACQUISTO, Mayor

ATTEST: FORM APPROVED:

_____________________________ ____________________________________ SHARLENE TIPTON, City Clerk BARRY E. DeWALT, City Attorney Packet Pg. 601
Attachment: ^Resolution - UPEC RFMU (9.15(a)--UPEC - RFMU Successor MOU)

MEMORANDUM OF UNDERSTANDING

BETWEEN THE

CITY OF REDDING

AND THE

UNITED PUBLIC EMPLOYEES OF CALIFORNIA
LOCAL 792

REDDING FIRE MANAGEMENT UNIT

October 1, 2023
Through
September 30, 2026

Packet Pg. 602
Attachment: ^UPEC RFMU MOU Final with exhibits (9.15(a)--UPEC - RFMU Successor MOU)

TABLE OF CONTENTS
ARTICLE 1: PREAMBLE ............................................................................................................................. 1 ARTICLE 2: RECOGNITION ....................................................................................................................... 1 ARTICLE 3: CITY RIGHTS ......................................................................................................................... 2 ARTICLE 4: UNION RIGHTS ...................................................................................................................... 2 ARTICLE 5: CONCERTED ACTIVITIES .................................................................................................. 2 ARTICLE 6: UNION SECURITY ................................................................................................................. 3 ARTICLE 7: GRIEVANCE AND DISCIPLINARY PROCEDURE ......................................................... 3 ARTICLE 8: INDUSTRIAL DISABILITY .................................................................................................. 5 ARTICLE 9: EMPLOYEE STATUS ............................................................................................................. 5 ARTICLE 10: COMPENSATION AND CLASSIFICATION .................................................................... 6 ARTICLE 11: HOURS AND OVERTIME ................................................................................................... 8 ARTICLE 12: SICK LEAVE ......................................................................................................................... 9 ARTICLE 13: VACATIONS ........................................................................................................................ 10 ARTICLE 14: HOLIDAYS ........................................................................................................................... 12 ARTICLE 15: ADMINISTRATIVE LEAVE ............................................................................................. 13 ARTICLE 16 SENIORITY ........................................................................................................................... 14 ARTICLE 17: PROMOTION AND TRANSFER ...................................................................................... 14 ARTICLE 18: DEMOTION AND LAYOFF .............................................................................................. 14 ARTICLE 19: LEAVES ................................................................................................................................ 15 ARTICLE 20: EXPENSES AND UNIFORM ALLOWANCE .................................................................. 16 ARTICLE 21: FUNERAL/BEREAVEMENT LEAVE .............................................................................. 16 Packet Pg. 603
Attachment: ^UPEC RFMU MOU Final with exhibits (9.15(a)--UPEC - RFMU Successor MOU)

ARTICLE 22: JURY/WITNESS DUTY ...................................................................................................... 17 ARTICLE 23: DISABILITY AND UNEMPLOYMENT ........................................................................... 17 ARTICLE 24: EMPLOYEE GROUP HEALTH & WELFARE INSURANCE BENEFTIS ................ 17 ARTICLE 25: RETIREMENT PROGRAM ............................................................................................... 19 ARTICLE 26: CONTINUING EDUCATION ............................................................................................ 22 ARTICLE 27: MISCELLANEOUS ............................................................................................................. 22 ARTICLE 28: SAVINGS PROVISION ....................................................................................................... 22 ARTICLE 29: FULL UNDERSTANDING, MODIFICATION, WAIVER ............................................. 23

EXHIBIT “A” – SCHEDULE OF SALARY RANGES

Packet Pg. 604
Attachment: ^UPEC RFMU MOU Final with exhibits (9.15(a)--UPEC - RFMU Successor MOU) UPEC RFMU Page 1

ARTICLE 1

PREAMBLE

1.1 The parties acknowledge the provisions of Chapter 10 (Sections 3500, et seq.) of Division 4 of Title 1 of the Government Code of the State of California.

1.2 It is the policy of the City and Union not to, and neither party will interfere with, intimidate, restrain, coerce or discriminate against any employee race, color, sex, sexual orientation, citizenship status, marital status, ethnicity, age (for people 40 and older), religion, ge nder identity, gender expression, genetic information, national origin and ancestry, political affiliation, creed, military or veteran status, physical disability, mental disability, medical condition or any other characteristic protected by state or federal law.

1.3 The City is engaged in rendering services to the public, and the City and Union recognize their mutual obligation for the continuous availability and delivery of such services.

1.4 City employees shall perform loyal and efficient work and service and shall use their influence and best efforts to protect the properties of the City and its service to the public and shall cooperate in promoting and advancing the welfare of the City and in preserving the continuity of its service to the public at all times.

ARTICLE 2

RECOGNITION

2.1 The City recognizes United Public Employees of California - Local 792 as the “Exclusive
Representative” of the Redding Fire Management Unit of employees of the City who hold a classification listed on Exhibit “A” of this Memorandum of Understanding.

2.2 The Union does not represent retirees, nor can the Union bargain for or file grievances on behalf of retirees. However, the Union may file a grievance on behalf of a current employee who becomes a retiree prior to resolution of the grievance.

2.3 The City will make any changes to benefits due to employees who retire from City service at the same time changes are applied to the bar gaining unit recognized pursuant to this article following appropriate meet and confer procedures.

2.4 Whenever any employee is absent from work as a result of a formal request by the Union’s Business Manager and is engaged in official Union business, not related to the City of Redding Union recognition or the meet and confer process, the City shall pay for all regular time lost and shall be reimbursed by the Union at the rate of one hundred and fifty percent (150%) of the employee’s regular wage rate.

2.5 The provisions of this Memorandum of Understanding shall apply only to those employees of the City of Redding in this unit, except as otherwise specifically set forth in this Memorandum of Understanding.

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Attachment: ^UPEC RFMU MOU Final with exhibits (9.15(a)--UPEC - RFMU Successor MOU) UPEC RFMU Page 2

ARTICLE 3

CITY RIGHTS

3.1 The Union recognizes and accepts the right of City of Redding management to manage the City.

The City, through its department heads, retains solely and exclusively, all the rights, powers and authority exercised or held prior to the execution of this Memorandum of U nderstanding and the right to take action on all issues which are outside of the scope of bargaining, including its exclusive rights and authority under Federal law, State law, or the Redding Municipal Code. Without limiting the generality of the foregoing, the rights, powers and authority retained solely and exclusively by the City include, but are not limited to, the following:

To manage and direct its business and personnel; to manage, control and determine the mission of its departments, building facilities and operations; to create, change, combine or abolish job classifications, departments and facilities in whole or in part; to privately contract or discontinue work for economic or operational reasons; to direct the work force; to increase or decrease the work force (through layoff), and determine the number of employees needed; to create and maintain work standards, schedule s of operation and reasonable work load; to hire, promote, demote, transfer, suspend and discipline or discharge employees for just cause; to implement a mandatory furlough program during a fiscal emergency; to specify or assign work requirements consistent with classification specifications and require overtime; to schedule working hours and shifts; to adopt rules of conduct and penalties for violations; to determine the type and scope of work to be performed and the services to be provided; to establish new classifications; to determine the methods, processes, means, and places of providing services and to take whatever action necessary to prepare for and operate in an emergency. Exercise of City rights shall be subject to the terms of this Agreement.

ARTICLE 4

UNION RIGHTS

4.1 Official representatives of the Union will be permitted access to City property to confer with City employees on matters of employer-employee relations, but such representatives shall not interfere with work in progress without advanced notice and agreement of Management.

4.2 The City and the Union will not interfere with, intimidate, restrain, coerce or discriminate against any employee because of the employee’s membership or non- membership in the Union or the employee’s activity on behalf of the Union.

4.3 Any employee, at the employee’s request, shall be permitted representation by a Union representative on any grievance or disciplinary matter providing there is no unreasonable delay in obtaining representation. In particular, the parties acknowledge the provisions of California Government Title 1, Division 4 Sections 3250-3262 as it exists or may be subsequently amended by the California Legislature.

ARTICLE 5

CONCERTED ACTIVITIES

5.1 The duties performed by employees of the City as part of their employment pertain to and are essential to the operation of a municipality and the welfare of the public . During the term of this Memorandum of Understanding, employees shall not partially or totally abstain from the performance of their duties for the City during or outside of regular work hours. The Union shall not call upon or Packet Pg. 606
Attachment: ^UPEC RFMU MOU Final with exhibits (9.15(a)--UPEC - RFMU Successor MOU) UPEC RFMU Page 3

authorize employees individually or collectively to engage in such activities and shall make a reasonable effort under the circumstances to dissuade employees from engaging in such activities and the City shall not cause any lockout. Those employees who do individually or collectively, partially or totally abstain from the performance of their duties for the City shall be subject to disciplinary action up to and including discharge from employment without recourse.

ARTICLE 6

UNION SECURITY

6.1 The City shall deduct from their salaries, the regular membership dues of the employees who are members of the Union and who individually and voluntarily authorize such deductions in writing in accordance with the provisions of Section 1157.3 of the Government Code of the State of California.

6.2 Deductions shall be made from each payroll period and a transmittal for the total deductions shall be made via Automated Clearing House (ACH) deposit to the UPEC Redding Fire Managers Union within five (5) working days of the date the deductions are withheld from the employee’s check.

Deductions may include individual insurance and benefit programs.

6.3 The Union shall notify the City of any employee who has given the Union written authorization for deduction of any Union dues or fees. The Union certifies that it shall collect and will maintain records of individual employee authorizations for deductions of said dues or fees. The Union agrees to notify the City of any changes in employee authorizations to deduct Union dues or fees. The City shall rely on the Union’s certification of any dues and frees authorized by an employee and will not require the Union to provide a copy of the employee’s authorization unless a dispute arises about the existence of terms of the authorization. Any inquiries by employees regarding Union dues or fees should be directed to the Union.

6.4 Indemnity and Refund – Within thirty (30) days of the execution of this Memorandum of Understanding, the Union shall file with the City an Indemnity Statement wherein the Union shall indemnify, defend and hold the City harmless against any claim made and against any suit initiat ed against the City on account of check off Union dues or premiums for benefits. In addition, the Union shall refund to the City any amounts paid to it in error upon presentation of supporting evidence.

6.5 In the event that any provision of this article is declared by a court of competent jurisdiction to illegal or unenforceable, the parties agree that the City will cease abiding by such provisions.

ARTICLE 7

GRIEVANCE AND DISCIPLINARY PROCEDURE

7.1 A grievance shall be defined as an allegation by the Union of a misinterpretation, misapplication or violation of a particular provision of this MOU. Any grievance, which may arise between the Union and the City, with respect to the interpretation or application of any of the terms of this Memorandum of Understanding shall be determined by the provisions of this Article, except that such matters as are included in the definition of impasse as set forth in Resolution No. 2012- 091 are not a grievance.

Probationary employees are not entitled to invoke the Grievance Procedure with regard to matters of discharge or demotion. This shall not prevent a Probationary employee from exercising any other rights under this procedure. Every employee designated by the City to hear grievances shall have the authority to settle them.

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Attachment: ^UPEC RFMU MOU Final with exhibits (9.15(a)--UPEC - RFMU Successor MOU) UPEC RFMU Page 4

This procedure shall also be used to grieve the imposition of any discipline involving more than a written reprimand (i.e. discharge, demotion, suspension or loss of pay): 1) Discipline grievances must be filed within ten (10) calendar days of receiving a Notice of Discipline; and 2) Discipline grievance shall start at Step 2 of this procedure and may continue to Step 6.

7.2 Step One: The initial step in the resolution of a grievance shall be a discussion between the employee and the employee’s immediate supervisor, who will answer within ten (10) calendar days.

This step shall be started within thirty (30) calendar days of the date of the action complained of, or the date the grievant became aware of the incident which is the basis for the grievance. This step may be taken during the working hours of the employee.

7.3 Step Two: If a grievance is not resolved in the initial step, the second step shall be a writ ten presentation of the grievance, in writing, to the Fire Chief, who will answer, in writing, within 10 (ten) calendar days. This step shall be taken within ten (10) calendar days of the date of the answer to Step One.

7.4 Step Three : If a grievanc e is not resolved in the second step, the third step shall be a written presentation of the grievance, in writing, to the Personnel Director, who shall answer, in writing, within ten (10 calendar days. This step shall be taken within ten (10) calendar days of the date of the answer to Step Two.

7.5 Step Four: If a grievance is not resolved in the third step, the fourth step shall be the presentation of the grievance, in writing, to the City Manager, or designee, who shall answer, in writing, within ten (10) calendar days. This step shall be taken within ten (10) calendar days of the date of the answer to Step Three.

7.6 Step Five: If a grievance is not resolved in the fourth step, the fifth step shall be referral of the matter to mediation by either party within twenty (20) calendar days of the answer to Step Four.

Whenever a grievance is referred to mediation, either the Union or the City may request, in writing, that the California State Mediation and Conciliation Service refer a state mediator. The mediator shall assist the parties in the resolution of the grievance in the same manner as that which is normally used in the mediation of interest disputes. Referral to S tep Six shall not occur until a mediator has released the parties from the mediation process.

7.7 Step Six : If a grievance is not resolved in the fifth step of this procedure, the sixth step shall be referral by either the City, or the Union, to arbitration within twenty (20) calendar days of the date of the answer in Step Five.

7.8 An arbitrator shall be appointed on each occasion that a grievance is submitted to arbitration. The arbitrator shall be chosen by mutual agreement of the City and Union. In the event that the City and Union are unable to agree on the selection of an arbitrator, they shall request the State of California Mediation and Conciliation Service to nominate five (5) persons for arbitrator. The City and the Union each will alternately challenge two (2) of such nominees, the party having the fi rst challenge to be determined by lot. The remaining nominee shall be accepted as the arbitrator and the arbitrator’s compensation and expenses shall be borne equally by the City and Union. The City and Union shall pay the compensation and expenses of their respective appointees and witnesses. At the Union’s request, the City shall release employees from duty to participate in arbitration proceedings.

7.9 The arbitrator shall hold such hearings and shall consider such evidence as appears necessary and proper, or as may be stipulated by the parties. The arbitrator shall be fully vested with the power to Packet Pg. 608
Attachment: ^UPEC RFMU MOU Final with exhibits (9.15(a)--UPEC - RFMU Successor MOU) UPEC RFMU Page 5

render a decision regarding interpretation of the contract, which decision shall be binding on both parties.

However, the arbitrator may only order remedies that are either stipulated for consideration by the parties or available to the Union pursuant to the terms of the MOU. The arbitrator may order the Ci ty to cease and desist from any conduct determined to be in violation of the MOU, but in no event shall the arbitrator have authority to exercise management rights reserved to the City as a remedy. The first hearing should be held within ninety (90) days of the date of referral to arbitration. Following the hearings and prior to the arbitrator’s final decision, the arbitrator shall submit a proposed decision to the parties for their review and the opportunity to simultaneously submit additional written argument prior to the arbitrator’s decision becoming final and binding on the parties. Any additional argument submitted by either party shall be submitted to the arbitrator and the other party. Thereafter, the decision of the arbitrator shall be final and binding on City and Union provided that such decision does not in any way add to, disregard or modify any of the provisions of this Memorandum of Understanding.

7.10 Failure by the Union to meet any of the above listed time limits in Sections 7.2, 7.3, 7.4, 7.5, 7.6, or 7.7, will result in forfeiture. Failure by the City to meet any of the above listed time limits in Sections

7.2, 7.3, 7.4, 7.5, 7.6, or 7.7, will allow the Union to go forward with the grievance to the next step of the established procedures, except, however, that the above listed time limits may be extended by mutual agreement. Grievances settled by forfeiture shall not bind either party to an interpretation of this Memorandum of Understanding, nor shall such settlements be cited by either party as evidence in the settlement of subsequent grievances.

ARTICLE 8

INDUSTRIAL DISABILITY

8.1 An employee who is absent by reason of industrial disability may be returned to work by the City and given temporary light duties within the emp loyee’s ability to perform, pursuant to the City’s Alternate/Modified Duty Policy.

8.2 If a third party is found to be responsible for the employee’s industrial injury and the employee recovers a judgment in damages from said third party, then all supplemental benefits received not already repaid from the other sources shall be repaid to the City by the employee.

8.3 Vacation and sick leave shall accrue while an employee is absent from work and receiving the supplemental benefits as set forth in Section 4850 of the Labor Code of the State of California. Regular employees while receiving Workers’ Compensation temporary disability benefits, may, at their option, maintain their group health and welfare insurance coverage for up to a maximum of a cumulative total of three (3) years, which includes one (1) year of 4850 paid time, providing the employee pays his or her share of the monthly premium to the City of Redding City Treasurer on or before the first day of the month for which the premium is intended. Holidays which occur during the period for which an employee is receiving temporary disability compensation shall not be recognized for compensation purposes.

ARTICLE 9

EMPLOYEE STATUS

9.1 A Regular employee (status code 3) is defined as an employee hired for a full -time position that has been regularly established as an authorized position and is of indeterminate duration. A Regular employee shall receive not less than the minimum rate for the job and shall be eligible for sick leave pay, vacation pay, holiday pay, retirement plan participation, group health and welfare insurance coverage and other benefits as outlined herein as the employee becomes eligible.

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Attachment: ^UPEC RFMU MOU Final with exhibits (9.15(a)--UPEC - RFMU Successor MOU) UPEC RFMU Page 6

9.2 A Temporary employee (status code 9) is defined as an employee hired for temporary, occasional or seasonal work for a period not to exceed 1,000 hours in a fiscal year. A status 9 employee works on-call, seasonal, intermittent or on an irregular schedule for a period not to exceed one thousand (1,000) hours per fiscal year. A Temporary employee shall receive not less than the minimum rate for the job, but shall not be eligible for sick leave pay, holiday pay, vacation pay, or other items as outlined in this document, nor shall the employee accrue seniority, or promotion and transfer rights, or leave of absence rights. If a Temporary employee moves to another status, the employee shall not be credited with the employee’s service as a Temporary employee in determining eligibility for benefits.

9.3 Probationary Periods: Regular employees shall serve a probationary period of one (1) year upon initial appointment to each status. Such probationary period is considered to be a continuation of the selection process and employees may be terminated from employment or demoted at any time without recourse, pursuant to the grievance procedure. The probationary period will start over for any employee who transfers to another position during the probationary period. The pr obationary period may be extended at the City’s sole discretion in circumstances where further evaluation of the employee is necessary. Employees serving their initial probationary period shall not be eligible for leave of absence or supplemental benefits for industrial injury. Temporary employees do not serve a probationary period, as the appointment is temporary by definition and can be terminated at any time.

9.4 Re-employment: With the recommendation of a Department Director and approval of the Personnel Director, a past employee who both passed the probationary period and resigned in good standing may be re-employed within two years of the effective date of resignation, to a vacant position in the same classification. Such re-employment shall, for all purposes, be considered as though it were an original appointment. The reinstated employee shall serve a new probationary period.

ARTICLE 10

COMPENSATION AND CLASSIFICATION

10.1 Employees shall be paid the salary or wage rate established for their classification. Attached hereto and made a part hereof is Exhibit “A” titled “Schedule of Salary Ranges.” Upon initial appointment to a classification, an employee shall be paid the lo west compensation rate for that classification. An employee may, however, be paid a rate above the lowest rate if circumstances justify it. When an employee is appointed to a higher paid classification which has a compensation range overlapping the range of the employee’s previous classification, the employee shall be paid at the rate of the classification to which the employee is being appointed, which is at least five percent (5%) more than the employee’s present rate, but not more than the top rate of the classification to which the employee is appointed.

10.2 Exempt employees are eligible for Pay -For-Performance adjustments in accordance with the City’s Pay-For-Performance Policy. Salary rate changes shall be made on the first day of the pay period closest to the anniversary of an employee’s employment date.

10.3 Compensation shall be paid at bi-weekly intervals on Thursdays for a pay period ending no earlier than the preceding Saturday. If a payday falls on a fixed holiday, payments shall be made on the preceding workday. All employees must have their pay deposited to a bank via electronic transfer.

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10.4 Whenever a Regular employee is assigned by the City to replace an absent employee in a higher- paid classification and the employee performs a substantial majority (g reater than fifty percent [50%]) of the absent employee’s duties for a full work day, such employee shall have their compensation increased by at least five percent (5%), but not to exceed the range of the higher classific ation. Fire Chief approval is required.

10.5 Fire Management employees education incentive levels will be additive Depending on the number of levels of educational achievement and professional certifications obtained, employees may earn up to a total maximum incentive of 12.5%.

A. Educational Incentive. Educational Incentive shall be paid to those employees who qualify as follows and be included in the regular rate of pay.

PAY REQUIREMENTS

2.5% Plus $100 Bachelor of Arts or Science degree or 120 semester units [effective April 7, 2021, only bargaining unit members who are in the unit as of this date are eligible for the 120 semester units incentive pay]

2.5% Plus $100 Master’s degree
*The annual additional educational incentive shall be limited to $100 in total to be paid in equally divided installments with the City’s regular bi-weekly payroll processing.

B. Professional Certificate/Specialty Assignment Incentive. Professional Certificate/Specialty Assignment Incentive shall be paid to those employees who qualify as follows and be included in the regular rate of pay.

PAY REQUIREMENTS
Office of the State Fire Marshall (OSFM) Certificate or Specialty Assignment

2.5% Fire Officer Certificate or Company Officer Certification

2.5% Chief Officer Certificate or Chief Fire Officer Certification or Fire Marshal Certification

2.5% Executive Fire Officer Certificate or National Fire Academy Executive Fire Officer Certification

2.5% Inspector II Certification and Plans Examiner Certification

2.5% Fire Investigator Certification
5% HMRT

2.5% HAZMAT Team Leader (as designated by HMRT – limited to one unit member)
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2.5% HAZMAT Incident Commander, Emergency Management Specialist, D
amage Inspection Manager or Strike Team Leader (5% maximum from these items)

C. CalOES HazMat Unit Reopener. The City and the Union agree to meet and confer over potential conversion over HMRT to CalOES HazMat Unit pending City and CalOES approval, and subsequent requirements of HMRT team following such potential conversion.

10.6 Fire Battalion/Division Chiefs assigned to a forty (40) hour workweek will receive a five percent (5%) pay differential. The differential will be paid on the base salary rate.

10.7 On Call Compensation for Fire Prevention Division/Division Chief. On call compensation will be provided to the following unit employees who are assigned and required to be “on call” for a seven day consecutive period, on a rotational basis (i.e. in separate seven-day periods on a rotational basis.) – “the on call period”:

• Fire prevention division employees required to respond to fire investigation purposes during the on call period; and

• A Division Chief assigned as the “Duty Chief” during the on call period.

Method of payment of on call compensation:

A One (1) hour of overtime compensation at the employee’s regular rate of pay for each weekday (12:01 a.m. Monday through midnight Friday).

B Two (2) hours of overtime compensation at the employee’s regular rate of pay for Saturdays (12:01 a.m. Saturday through midnight Saturday).

C Three (3) hours of overtime compensation at the employee’s regular rate of pay for Sundays (12:01 a.m. Sunday through midnight Sunday) and Holiday (pursuant to Article

17.1).

10.8 On Call Compensation for Shift Battalion Chiefs. Shift Battalion Chiefs who voluntarily agrees to serve as the “Duty Chief” at the request and approval of the Fire Chief or designee will be compensated with eight (8) hours of overtime per twenty-four (24) hours of Duty Chief coverage.

ARTICLE 11

HOURS AND OVERTIME

11.1 A workweek is defined to consist of seven (7) consecutive calendar days, Sunday through Saturday. The basic workweek may begin on any day of the week and at any hour of the day during the workweek. Shift employees may be assigned any hour and/or days of work.

11.2 Exempt employees shall not receive any compensation for overtime work, except for the following reasons:

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DESCRIPTION

TIMES BASE

PAY RATE

FOR SHIFT

EMPLOYEES

TIMES BASE

PAY RATE FOR

NON-SHIFT

EMPLOYEES
A Assigned to state or Federal service on a non-work day. 1 ½ Times 1 ½ Times B
Assigned to work for another Battalion Chief who is
working in state service on a regularly scheduled
workday.
1 ½ Times 1.07 Times

C
Working to cover for a Deputy Fire Chief or Battalion
Chief absent from a regularly scheduled shift. 1 ½ Times 1.07 Times D
Responding to an emergency incident as assigned,
outside of normal scheduled work hours. (Time during
the emergency incident only.)
1 ½ Times 1.07 Times

11.3 Overtime shall be computed to the nearest one- quarter (1/4) hours.

11.4 Whenever employees are required to change work schedules from forty (40) to fifty-six (56) hours or vice versa, the employee’s vacation and sick leave balances will be adjusted accordingly by applying the following formula:

ARTICLE 12

SICK LEAVE

12.1 Sick leave with pay shall be accumulated for each Regular employee at the rate of forty six thousandths (.046) of an hour for each regular hour worked, or on paid leave. (Accrual rate approximately one [1] day per month.)

12.2 Paid sick leave shall be allowed for a non-work related absence due to:

“Immediate family” as used herein includes only the employee’s spouse, children, grandchildren, brothers, sisters, parents or grandparents of spouse or employee, or other persons who are living in the employee’s immediate household. The relationships included herein shall apply whether by blood or marriage. Sick leave to include mental or physical illness.

WORK SCHEDULE FACTOR
Forty (40) to fifty-six (56) hours 1.4
Fifty-six (56) to forty (40) hours 0.715
A The inability of an employee to be present or perform duties because of personal illness, off -duty injury, or confinement for medical treatment.

B The ability to attend personal medical or dental appointments, which are impractical to schedule outside of regular working hours.

C
The need to be present during childbirth, surgery, critical illness or injury involving members of the immediate family for up to forty (40) hours per incident; seventy-two (72) hours for Fire Department shift personnel.

D For family sick leave up to forty -eight (48) hours per calendar year for members of the immediate family; ninety-six (96) hours for Fire Department shift personnel.

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12.3 The City may also require an employee requesting to return to work after sick leave or leave of absence for medical reasons to submit to a medi cal examination at City expense by a physician or physicians approved by City for the purpose of determining that such employee is fit and able to perform the duties of the employee’s former position without hazard to the employee, fellow employees, or the employee’s own permanent health.

12.4 If an employee is off on sick leave on a fixed holiday, the holiday credit will be used. However, if an employee is off on sick leave on a floating holiday, sick leave balances will be used and the holiday credit will be deferred.

12.5 In the event an employee exhausts all paid leave as a result of an illness or injury, and subject to the approval of the Fire Chief and the Personnel Director, the employee may be advanced sick leave from his or her future accruals up to eighty (80) hours. Twenty-four (24) hour shift employees may be advanced up to one hundred twelve (112) hours. Once the employee returns to duty, sick leave accrual hours will be applied to the negative sick leave account until it is zero. Shoul d the employee terminate City employment with a negative sick leave balance, appropriate adjustments will be made to final paid leave cash pay -outs or other City monies owed the employee. If insufficient funds are due to the employee by the City, the employee shall directly reimburse the City for advanced sick leave in excess of the funds, if any, previously withheld. Such direct reimbursement will be waived for employees who are terminally ill or totally disabled (100%).

12.6 Any employee who after ten (10) years but less than fifteen (15) years of continuous service to the City terminates employment shall be paid at the employee’s regular pay rate for thirty -three and one- third percent (33 1/3%) of the employee’s accumulated sick leave hours. For employees with fifteen (15) years but less than twenty (20) years of continuous service, the percentage set forth above shall be increased to forty-five percent (45%). For employees with twenty (20) years or more continuous service, the percentage set forth above shall be increased to sixty percent (60%).

Upon retirement, any sick leave pay out the employee is eligible to receive will be transferred into the VantageCare Retirement Health Savings Plan on a pre-tax basis. The sick leave pay out amount will be calculated using the percentage levels described in the paragraph above. However, if the sick leave payout is less than $5,000, then the employee is not entitled to participate in the VantageCare Retirement Health Savings Plan and shall receive a cash pay out as described in the paragraph above.

Any sick leave amount remaining will be used as service credit toward the employee’s retirement benefit through CalPERS, pursuant to the contract between the City of Redding and CalPERS.

ARTICLE 13

VACATIONS

13.1 Regular employees of the City shall accrue vacations , based on the length of their continuous service measured from their date of employment, with pay up to a maximum of 500 hours for forty (40) hour workweek personnel and 700 hours for twenty-four (24) hour shift personnel. For each regular hour worked, or on paid leave, as follows:

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BI-
WEEKLY

ACCRUAL
(HOURS)

ACCRUAL
PER
HOUR
HOURS
PER
YEAR
(SHIFT)
# OF
24-
HOUR
SHIFTS
HOURS
PER
YEAR (40
HOUR)

YEARS OF SERVICE
A 5.538 hrs. .0494 144 6 103 New employee to completion of 3rd year
B 7.385 hrs. .0659 192 8 137 Start of 4th year to completion of 8th year
C 8.308 hrs. .0742 216 9 154 Start 9th year to completion of 13th year
D 9.231 hrs. .0824 240 10 171 Start of 14th year to completion of 18th year
E 10.154 hrs. .0907 264 11 189 Start of 19th year to completion of 23rd year
F 11.076 hrs. .0989 288 12 206 Start of 24th year and succeeding years

13.2 A full pay period as used here is defined as one in which the employee works or is paid for time off for at least half of the regularly scheduled work hours.

13.3 The City Manager may authorize the accrual of vacation for a new Regular employee at a rate that exceeds the rate prescribed for the employee’s actual years of service.

13.4 In the event of departmental cancellation of a previously scheduled vacation or of a paid leave of absence due to industrial injury where such employee would exceed the maximum vacation accrual, the accumulation of vacation hours may exceed the established vacati on maximum. In the event of an absence due to an illness or injury that is not job related, the Personnel Director may approve the accumulation of vacation hours in excess of the established vacation maximum. The City Manager may also approve the accumulation of vacation hours in excess of the stated maximum for other extenuating circumstances. Whenever such excess accruals occur, the employee shall have one year from the date the vacation was canceled or from the date the employee returns to work from illness or injury to utilize the excess accrual.

13.5 It is City policy that employees take their normal vacation each year at such time or times as may be approved by the Fire Department.

13.6 Vacation cannot be accrued while an employee is in a non-pay status.

13.7 Vacations will be scheduled throughout the calendar year. Employees with greater seniority will be given prefer ence over those with less seniority in the selection of a vacation period, provided, however, that if the senior employee splits his/her vacation by requesting less than a full year’s allowance to be scheduled on consecutive workdays, the employee’s preferential rights shall only apply on one period in that calendar year prior to all other employees being given consideration in the selection of their first choice vacation period.

13.8 If an employee is off duty on vacation on a fixed or floating holiday, the paid holiday will be used.

If an employee is off on vacation on a floating holiday, vacation balances will be used and the paid holiday will be deferred.

13.9 Employees whose employment with the City is terminated for any reason shall, at the time of separation, receive pay for any unused vacation hours previously earned.

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13.10 Employees may elect to receive compensation for accumulated vacation hours during any fiscal year as follows:

For employees working other than 24
hour shift:

For employees working 24 hours shift:

MINIMUM

ACCRUAL

MAXIMUM

HOURS PAYABLE

MINIMUM

ACCRUAL

MAXIMUM

HOURS PAYABLE
120 40 168 56
240 80 336 112
360 120 504 168

13.11 Employees may contribute their earned vacation hours to an employee approved for the vacation donation program. Vacation is donated and granted on the basis of the dollar value of the donor’s base pay rate. For vacation donation eligibility refer to the guidelines under the Employment and Benefit Policies for Unpresented Employees.

ARTICLE 14

HOLIDAYS

14.1 Regular forty hour (40) workweek employees shall be entitled to have the following holiday time off with pay:

DESCRIPTION OF HOLIDAY Fixed Floating
1 January 1st X
2 The third Monday in January, known as Martin Luther
King, Jr. Day X
3 Lincoln Day X
4 The third Monday in February, known as President’s Day X 5 The last Monday in May, known as Memorial Day X
6 June 19th, known as “Juneteenth” X
7 July 4th X
8 First Monday in September, known as Labor Day X
9 Employee’s Birthday X
10 November 11th, known as Veteran’s Day X
11 Thanksgiving X
12 Friday after Thanksgiving X
13 The last half of the normal work shift before Christmas X 14 December 25th X

14.2 If any of the holidays listed above fall on a Sunday, the Monday following shall be observed as the holiday, except by those employees who are regularly scheduled to work on Sunday other than on an overtime basis. Employees who are regularly scheduled to work on Sundays shall observe such holidays on Sunday.

If any of the holidays listed above fall on a Saturday, the preceding Friday shall be observed as the holiday, except by those employees who are regularly scheduled to work on Saturday other than on an Packet Pg. 616
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overtime basis. Employees who are regularly scheduled to work on Saturdays shall observe such holidays on Saturday.

If any of the holidays listed above fall on any day from Monday through Friday, inclusive, and that day is a regularly scheduled non-workday for an employee, such employee shall be entitled to receive another workday off with pay, to be scheduled in the same manner as vacation days are normally scheduled.

14.3 An employee may observe the employee’s birthday holiday on the employee’s birthday or anytime during the pay period in which the birthday occurs, or the holiday may be deferred and scheduled as vacations are normally scheduled. Floating holidays shall be scheduled by employees and the employee’s supervisor in the same manner as vacations are normally scheduled. When an employee works on their birthday, the employee shall receive pay at the regular rate of pay. Birthday holiday pay is not considered reportable compensation and will not be reported to CalPERS. Wh en an employee is required to work on a floating holiday the employee shall receive pay at the straight time rate.

14.4 Employees may be scheduled to work on fixed holidays. In that event, the holiday will be deferred and scheduled as vacations are normally scheduled.

14.5 Regular and probationary twenty -four (24) hour shift employees shall receive fifteen and two- tenths (15.2) hours of holiday compensation, maximum of 152 hours per year, on those fixed holidays as designated in paragraph 14.1, payable in the pay period in which the holiday falls.

14.6 An employee must be in a paid status on both workdays immediately adjacent to the holiday in order to receive pay for the holiday.

ARTICLE 15

ADMINISTRATIVE LEAVE

15.1 Exempt Fire Management employees may be eligible for paid time off per calendar year as indicated below:

ADMINISTRATIVE LEAVE MAY
BE GRANTED TO:

WITH FIRE CHIEF

APPROVAL

WITHCITY

MANAGER

APPROVAL
Forty (40) hours workweek employees:: 40 Hours 80 Hours Employees who normally work a 24-
hour shift: 56 Hours 112 Hours

15.2 Administrative leave is granted on the payroll period closest to January 1 and must be used by the end of the calendar year or it is forfeited without compensation. No administrative leave shall be carried over to the next calendar year, nor shall unused administrative leave be converted to compensation.

15.3 Employees are to schedule administrative leave in the same manner as vacation with the approval of their Supervisor.

15.4 E mployees appointed to an exempt position after the first of the year may be granted leave on a prorated basis. Administrative Leave balances may be adjusted when employees separate employment prior to the end of the calendar year.

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15.5 Administrative leave may not be taken for the purpose of outside employment or for self employment.

ARTICLE 16

SENIORITY

16.1 Seniority is defined as total length of continuous service with the City. In determining an employee’s seniority, the conti nuity of this service will be deemed to be broken by termination of employment by reason of (1) resignation, (2) discharge for cause, (3) layoff, (4) failure to return immediately on the expiration of a leave of absence or accep tance of other full time employment while on leave, and (5) unexcused absence without pay, without a leave of absence. Continuity of service will not be broken and seniority will accrue when an employee is (a) inducted, enlists or is called to active duty in the Armed Forces of the United States or service in the Merchant Marine or under any Act of Congress which provides that the employee is entitled to reemployment rights, (b) on duty with the National Guard, (c) absent due to industrial injury, or (d) on leave of absence.

ARTICLE 17

PROMOTION AND TRANSFER

17.1 All promotions and transfers shall be in accordance with standards and procedures as determined by the City.

17.2 Promotional appointments will be probationary for one (1) full year.

ARTICLE 18

DEMOTION AND LAYOFF

18.1 When it becomes necessary for the City to lay off Regular employees, the City will give employees involved as much notice as possible, but in no event will such employees receive less than two (2) weeks’ notice of layoff. Where Temporary employees are to be laid off, no notice of layoff need be given. Within each classification, all employees, other than Regular employees, shall be laid off prior to Regular employees being laid off. Employees serving an initial probationary period will be laid off prior to employees who have completed such period. Regular employees shall be laid off in the reverse order of seniority in the classification with the least senior employee being laid off first. Whenever two or more Regular employees in the same class have the same amount of class seniority, ties will be broken by giving greater preference to the employee with greater department seniority. If the tie is still unresolved, the tie shall be broken by giving greater preference to the employee with greater City seniority. If the tie is still unresolved, the tie shall be broken by lot.

18.2 An employee who has been laid off may elect to displace an employee in a lower paid class in the bargaining unit provided the employee has greater combined seniority than the employee to be displaced, calculated by adding seniority in the laid- off class to seni ority in the lower -paid class. Whenever an employee demotes to a lower-paid class, the employee shall be placed within the salary range for the new class and closest to the employee’s previous salary rate.

18.3 Laid-off employees shall be kept on a reemployment list for a period of -one (1) year from the date of layoff, and shall have preferential rehire rights to the class from which the employee was laid off in the reverse order of layoff. Whenever it becomes necessary for the City to notify a laid- off-employee of a reemployment opportunity, the City shall do so by use of registered mail to the employee’s last known Packet Pg. 618
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address as supplied by the employee. Reemployment shall be based upon the laid-off employee’s ability to meet current employment standards. If an employee does not accept reemployment, the employee’s name shall be removed from the reemployment list and the employee shall no longer have reemployment rights.

If a laid-off employee is subsequently re-hired off a reemployment list into a classification covered under the terms of this Memorandum of Understanding, the employee’s unpaid sick leave balance, original hire date, and vacation accrual rate will be reinstated.

ARTICLE 19
LEAVES

19.1 A leave of absence may be granted to employees by the City Manager for urgent and substantial reasons, up to a maximum of one year, providing satisfactory arrangements can be made to perform the employee’s duties without undue interference with the normal routine of work. Employees in an initial probationary period or temporary status are not eligible for leave of absence unless eligible pursuant to the Family Medical Leave Act or the California Family Medical Rights Act.

(a) A leave will commence on and include the first workday on which the employee is absent, and terminates with and includes the workday preceding the day the employee returns to work.
(b) All applications for leave of absence shall be made in writing except when the employee is unable to do so. The conditions under which an employee will be restored to employ- ment on the termination of leave of absence shall be clearly stated by the City in conjunction with the granting of a leave of absence. An employee is required to submit medical certifications as to the conditions necessitating the leave if the leave is a result of exhaustion of sick leave. If the leave should exceed the initial request, the employee is responsible for requesting additional time off and providing current medical certifications and return to work dates. Upon an employee’s return to work after a leave of absence, the employee will be reinstated to the employee’s former position and working conditions, providing that the employee is capable of performing the duties of the employee’s former position, except that if there has been a reduction of forces or the employee’s position has been eliminated during said leave, the employee will be returned to the posit ion the employee would be in, had the employee not been on a leave of absence.
(c) An employee’s status as a Regular employee will not be impaired by a leave of absence and the employee’s seniority will accrue.
(d) If an employee fails to return immediatel y on the expiration of the employee’s leave of absence or if the employee accepts other employment without prior City approval while on leave, the employee will thereby forfeit the leave of absence and employment with the City may be terminated.
(e) An employee on a leave of absence as provided here shall not accrue vacation or sick leave benefits nor maintain group health and welfare insurance coverage. An employee may, if eligible, maintain group insurance coverage at the employee’s expense providing the full monthly premium is received by the City Treasurer on or before the first day of the month for which the premium is intended. Notwithstanding the above, however, if the leave of absence is as a result of exhaustion of sick leave benefits, an employee’s group health insurance may be maintained for up to three (3) calendar months on the normal premium-sharing formula, providing the employee pays his/her employee’s share of the premium on a timely basis.

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ARTICLE 20

EXPENSES AND UNIFORM ALLOWANCE

20.1 Reimbursement for expenses incurred while conducting City business, i.e., traveling to authorized meetings, seminars, training sessions, luncheons and other events approved by the Fire Chief shall be in accordance with the provisions established in the City Council resolution for Unrepresented employees.

20.2 The City shall pay the reasonable cost of repair or a prorated replacement of uniforms, glasses, watches or other personal property up to three hundred dollars ($300.00) damaged in the course of employment.

Personal property will be limited to items reasonably necessary for the employee to have while on duty to perform their job function. This provision does not apply to items lost or damaged as a result of negligence of the employee.

20.3 An annual uniform/boot allowance of $1200 per fiscal year shall be provided to personnel required to wear a uniform as part of their normal job duties, as opposed to occasional ceremonial functions. The annual uniform /boot allowance will be paid in equally divided installments on a bi-weekly basis with the City’s regular payroll processing.

20.4 The annual uniform allowance will be paid in equally divided installments on a bi -weekly basis with the City’s regular payroll processing. Newly hired employees will receive the full amount indicated above. In July following the new employee’s hire date, regardless of time with the respective department, the employee will begin receiving bi-weekly installments with the regular payroll.

ARTICLE 21

FUNERAL/BEREAVEMENT LEAVE

21.1 Employees who are absent from work due to the death of a member of the employee’s immediate family shall receive compensation at the regular rate of pay for the time necessary to be absent from work, but not to exceed forty (40) working hours per incident for forty hour (40) workweek employees; or fifty- six hours for employees who work twenty-four (24) hour shifts. Employees are allowed to take up to five (5) total work days due to the death of the employee’s “immediate family” in accordance with Government Code section 12945.7. Employees who have exhausted their allowance of paid leave as provided in this section may request to utilize sick leave, vacation or compensatory time off or unpaid leave if the employee wants to take additional time off up to the five (5) total work days of leave provided. Such bereavement leave for immediate family as provided in this section need not be taken in consecutive days, but must be used up within three (3) months of the date of the death of the immediate family member. Subject to the approval of the Fire Chief, an employee may request to take bereavement leave pursuant to this section beyond three (3) months of the date of the death of the immediate family member.

21.2 Immediate family includes only employee ’s spouse or registered domestic partner; children, grandchildren, brothers, sisters, parents, or grandparents of either employee or spouse/registered domestic partner; or other persons who are living in the employee’s immediate household or as otherwise provided by law. The relationships included herein shall apply whether by blood or marriage.

21.3 Forty hour (40) workweek employees who are absent from work to attend the funeral of a person other than an immediate family member shall receive compens ation at the regular rate of pay for the time necessary to be absent from work, but not to exceed one (1) regularly scheduled work day per incident. A maximum of twenty -four (24) hours (or 3 days) may be utilized for this type of leave in a calendar year; seventy-two (72) hours for employees who work twenty-four (24) hour shifts.

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21.4 An employee must be in a paid status on both scheduled workdays immediately adjacent to funeral leave in order to receive pay for such leave.

ARTICLE 22

JURY/WITNESS DUTY

22.1 A Regular employee who is summoned for jury duty and thus absent from the work place will be paid for the time lost at the employee’s regular rate of pay.

22.2 Whenever any employee is subpoenaed to testify in court as a result of the employee’s employment and the employee is not an opposing party to the City, the employee shall be paid for all regular time lost. Employees subpoenaed by the Court for matters unrelated to City business must utilize vacation or other appropriate leave balances.

22.3 An employee must be in a paid status on both scheduled workdays immediately adjacent to the jury duty in order to receive pay for such leave.

ARTICLE 23

DISABILITY AND UNEMPLOYMENT

23.1 An employee who is absent by reason of industrial disability may be returned to work by the City and given temporary light duties within their ability to perform, with the consent of the employee’s physician. The duration of any such period of temporary work shall be determined by the City. Such employee shall be compensated at the current rate of pay of their regular classification while engaged in such temporary duties. The City may require an employee requesting to return to work after an absence caused by disability or illness to submit to a medical examination by a physician or physicians approved by the City for the purpose of determining that such employee is physically and mentally fit and able to perform the duties of their position without hazard to himself/herself, or to their fellow employees, or to their own permanent health.

23.2 Vacation and sick leave shall be accrued and group insurance coverage shall be maintained while a regular employee is absent from work as a result of a job related disability and receiving the supple- mental benefits to Wo rkers’ Compensation temporary disability compensation as set forth in Section 4850 of the Labor Code of the State of California for the period of such disability, but not exceeding one (1) year. Employees who are not entitled to the benefits as set forth in Section 4850 of the Labor Code of the State of California but who are receiving Workers’ Compensation temporary disability benefits, may, nevertheless, at their option, maintain their group health and welfare insurance coverage during the period in which they are receiving tem porary disability compen sation for up to a maximum of a cumulative total of three (3) years, which includes one (1) year of Section 4850 paid time, providing the employee pays his or her share of the monthly premium to the City of Redding on or before the first day of the month for which the premium is intended. Holidays which occur during the period for which an employee is receiving temporary disability compensation shall not be recognized by such employee for compensation purposes.

ARTICLE 24

EMPLOYEE GROUP HEALTH & WELFARE INSURANCE BENEFITS

24.1 Regular employees are eligible to participate in the City’s group health and welfare insurance benefit program, which includes the medical, prescription, dental, vision, life and long term disability Packet Pg. 621
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insurance plans, effective the first day of employment. The City shall pay the cost of the program for Regular employees and dependents as indicated below. Benefit highlights include:

(a) Life Insurance: Twice annual compensation. More specific benefit information is provided in the carrier’s booklet.

(b) Health Benefits: The City has established a Section 125 Plan to redirect the portion of the employee’s salary to pay, on a pre-tax basis, the employee’s contribution toward the medical, prescription, dental and vision insurance composite premium rate.

The City offers two health plans, a “Base Plan” and an optional “Buy Up Plan”. All eligible employees will be enrolled in the “Base Plan” and will have the option on a voluntary basis to enroll in the “Buy Up Plan” initially, and during the open enrollment period for each subsequent calendar year. Eligible employees that fail to complete the annual open enrollment will automatically be placed in the group health insurance plan they were enrolled in the previous year. Changes will be effective at the beginning of the following calendar year. The City’s contribution toward the monthly group health and welfare insurance composite premium rate for the “Base Plan” shall be eighty-five percent (85%) and the employee will pay fifteen percent (15%) of the premium rate through a bi-weekly payroll deduction.

Employees electing to enroll in the “Buy Up Plan” will be responsible for premiums beyond the City’s contribution of eighty-five percent (85%) of the “Base Plan” composite rate.

Effective Calendar Year 2024, all employees participating in the Group Health and Welfare Insurance Plan will pay twenty percent (20%) co-share of premium. The City’s contribution toward the monthly group health and welfare insurance composite premium rate for the “Base Plan” shall be eighty percent (80%). Employees electing to enroll in the “Buy Up Plan” will be responsible for premiums beyond the City’s contribution of eighty percent (80%) of the “Base Plan” composite rate.

All active employees will be able to select an optional high deductible plan (medical and prescription only) as an additional lower cost option for group health. The City will contribute up to a flat rate amount of $1,241 per month toward the high deductible plan. Retirees are not eligible for the high deductible plan.

For specifics regarding the City’s Group Health and Welfare Benefit Plan, refer to the Benefit Summary Plan Description.

Employees with spousal coverage will be allowed to “opt out” of the City’s group health and welfare insurance coverage (cease paying their share of the premium). Employees “opting out” of the City’s group health benefits must provide proof of alternative health care coverage on an annual basis during the open enrollment period.

Retail
(34 days’ supply)
Effective
1/1/2022
Co-Payment
Generic $10.00
Brand $50.00
No Generic Available $20.00
Mail
(90 days’ supply)

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Generic $20.00
Brand $100.00
No Generic Available $40.00

Note: Maintenance medication (i.e. a medication taken longer than 60 days) that are filled at the retail co -pay amount more than twice will be filled at the mail order co-pay amount.

(d) Dental Benefits: The premium cost of the Dental benefit program is outlined under “Health Benefits” above. For specifics regarding the City’s Dental Plan, refer to the Benefit Summary Plan Document.

(e) Long Term Disability: The City has agreed to pay an equivalent monthly premium amount to the Union to purchase their own long -term disability policy. The monthly amount shall be equal to the premium the City would pay if Union members participated in the City’s highest monthly benefit tier long-term disability program for safety employees.

(f) Vision Care : The premium cost of the Vision benefit program is outlined under “Health Benefits” above. For specifics regarding the City’s Vision Plan, refer to the Benefit Summary Plan Document.

24.2 (a) Tier I – Group Health Benefits at Retirement for Employees Hired Prior to August 7, 2011

All active employees hired prior to August 7, 2011, who retire from the City with five (5) or more years of City service (and eligible for CalPERS benefits upon separation of service) shall be eligible for the City to pay a 50% proportionate share of costs of the insurance premium should the active employee transitioning to retirement elect to participate in the group health plan or the group health, dental and vision plan also made available to active employees. To initially qualify for the benefit, the employee must go directly from active status to retiree status with CalPERS. To maintain a qualified status, and to continue to receive the benefit, the retiree must continue the group medical insurance during retirement without a break in coverage. Payments by the City will be discontinued upon termination of group medical insurance coverage by the City retiree or loss of qualified status by the retiree. Following the death of a retiree, the surviving spouse, if any, may continue the insurance and the City will continue the benefit on the same terms and conditions for the life of the surviving spouse. The City will not contribute payments on behalf of any retiree hired prior to August 7, 2011 except as set forth above.

24.2 (b) Tier 2 – Group Health Benefits at Retirement for Employees Hired On or After August 7, 2011

All active employees hired on or after August 7, 2011, who retire during the term of this MOU and who have five (5) or more years of City service (and are eligible for CalPERS benefits upon separation of service) shall be eligible for the City to pay a proportionate share of the cost of the insurance premiums in accordance with the following formula: two percent (2%) for every year of active service with the City of Redding up to a maximum of fifty percent (50%) should the active employee transitioning to retirement elect to participate in the group health plan or the group health, dental and vision plan also made available to active employees. To initially qualify for the benefit, the employee must go directly from active status to retiree status with CalPERS. To maintain a qualified status, and to continue to receive the benefit, the retiree must continue the group medical insurance during retirement without a break in coverage and the retiree and their covered spouses who reach Medicare A/B eligibility age must enroll in Medicare. Payments by the City will be discontinued upon termination of group Packet Pg. 623
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medical insurance coverage by the City retiree or loss of quali fied status by the retiree. Following the death a retiree, the surviving spouse, if any, may continue the insurance and the City will continue the benefit on the same terms and conditions for the life of the surviving spouse. The City will not contribute payments on behalf of any retiree hired after August 7, 2011 except as set forth above.

24.2 (c) Retiring employees who were hired or who worked under a different Memorandum of Understanding (MOU) or City Resolution than the one in effect at the time of retirement shall be vested with the greatest retiree premium co -share formula in effect and for which that employee qualified for during his or her term of employment.

24.2 (d) The City will offer two health plans, a “Base Plan” and an optional “Buy Up Plan”. All retired employees participating in the group health plan will be enrolled in the “Base Plan” and will have the option on a voluntary basis to enroll in the “Buy Up Plan” initially, and during the open enrollment period for each subsequent calendar year. Changes will be effective at the beginning of the following calendar year. The City shall pay a proportionate share of the cost of the “Base Plan” insurance premiums as outlined above in sections 24.2 (a) and 24.2 (b). Participating retired employees electing to enroll in the “Buy Up Plan” will be responsible for premiums beyond the City’s contribution of the “Base Plan” composite rate. The City’s proportionate share of payments referenced above in 24.2 (a) and 24.2 (b) shall apply only to the premium for the “Base Plan”.

24.3 Regular employees are eligible to participate in the City’s Deferred Plan through voluntary payroll deductions from the employee’s pay.

24.4. The City offers the VantageCare Retiree Health Savings Plan to Regular employees.

24.5 The City and the Union agree to reopen negotiations if any changes to the Affordable Care Act affect matters within the scope of representation.

ARTICLE 25

RETIREMENT PROGRAM

25.1 All Regular employees are covered by the California Public Employees’ Retirement System (CalPERS) program pursuant to an existing contract with the California Public Employees’ Retirement System.

All CalPERS eligible employees, whether Tier 1, Tier 2, or Tier 3 agree to cost sharing of the CalPERS employer contribution rate in accordance with Government Code Section 20516, as soon as administratively possible, and after the date that the appropriate CalPERS contract amendment has been executed. The additional c ontribution of pensionable earnings will be paid by the employee through a bi-weekly payroll deduction on a pre-tax basis.

Tier 1

Public Safety Management employees hired prior to September 8, 2012, will be covered under the 3.0% at age 50 retirement benefit formula with the 12 highest paid consecutive months final compensation provision. Employees will be covered by the Fourth Leve l of 1959 Survivors’ Benefit Program (Government Code Section 21382.4), Survivor Continuance allowance; credit for unused sick leave; fifty percent (50%) ordinary disability benefit and military service credit buy back option.

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The employee contribution of nine percent (9%) of pensionable earnings will be paid by the employee through a bi-weekly payroll deduction on a pre-tax basis. Employees have agreed to cost sharing of the employer contribution rate in accordance with Government Code Section 20516 as follows:

• Three percent (3.0%), effective October 21, 2018 [total employee contribution of 12%]; • An additional 1.5 percent (1.5%) for a total of four and a half percent (4.5%), effective as soon as administratively feasible after City Council approval of the successor MOU [total employee contribution of 13.5%];
• An additional 2 percent (2%) for a total of six and a half percent (6.5%), effective September 5, 2021 [total employee contribution of 15.5%];
• An additional 2 percent (2%) for a total of eight and a half percent (8.5%), effective September 4, 2022 [total employee contribution of 17.5%].

Regular employees vested in Tier 1 who leave City employment and maintain CalPERS membership, and subsequently are rehired, will be re-employed with Tier 1 status for CalPERS benefits.

Tier 2

Public Safety Management employees hired between September 8, 2012, and December 31, 2012, and those hired on or after January 1, 2013 who are considered to be “Classic CalPERS Members” will be covered under three percent (3%) at age 55 retirement benefit formula using an average of the highest paid consecutive 36 months of employment when determining final compensation. Employees will be covered by the Fourth Level of 1959 Survivors’ Benefit Program (Government Code Section 21382.4), Survivor Continuance allowance; credit for unused sick leave; fifty percent (50%) ordinary disability benefit and military service credit buy back option. The employee contribution of nine percent (9%) of pensionable earnings will be paid by the employee through a bi -weekly payroll deduction on a pre -tax basis.. Employees have agreed to cost sharing of the employer contribution rate in accordance with Government Code Section 20516 as follows:

Regular employees vested in Tier 2 who leave City employment and subsequently are rehired will be re- employed with Tier 2 status for CalPERS benefits.

Tier 3

Pursuant to the California Public Employees’ Pension Reform Act of 2013 (PEPRA), employees hired on or after January 1, 2013, will be covered by the 2.7% at age 57 retirement formula with the 36 highest consecutive months final compensation provision as a “New CalPERS Member” if the employee 1) has not been a member of a California Public Retirement System, or 2) had prior CalPERS/reciprocity service with a break in service of six months or longer. Employees will be covered by the Fourth Level of 1959 Survivors’ Benefit P rogram (Government Code Section 21382.4) Survivor Continuance Packet Pg. 625
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allowance; credit for unused sick leave; and military service credit buy back option. Also pursuant to PEPRA, New CalPERS Members will be responsible for paying one -half of the total normal cos t rate for the retirement benefit on a bi-weekly pre-tax basis.

25.2 Temporary employees not included within Section 25.1 above shall be covered by the PARS – 457 Plan. Participating employees will pay half of the contribution of 3.75 percent (3.75%) for the benefit through a bi-weekly payroll deduction on a pre-tax basis. The City will pay the remainder of the contribution or 3.75 percent (3.75%).

ARTICLE 26

CONTINUING EDUCATION

26.1 Regular, non-probationary, employees who complete City approved courses taken for credit with a passing grade may, upon application, be reimbursed for the tuition, cost of required textbooks and required materials, including but not limited to computer software, calculators, videos, but not to include incidentals such as paper, pens and pencils.

26.2 Employees must obtain prior approval from the Fire Chief. Reimbursement under this program shall be limited to four hundred dollars ($400) per course (semester/quarter).

ARTICLE 27

MISCELLANEOUS

27.1 Job Classifications Reopener. The City and the Union agree to meet and confer during the term of the Agreement to review and update job classifications and to add updated job class specifications as an exhibit to the MOU and to clean up salary schedule job titles to match updated job class specifications.

27.2 Body Camera Reopener. The City and the Union agree to meet and confer during the term of the Agreement over the establishment of a body camera policy for the Fire Marshal and Assistant Fire Marshal while performing law enforcement duties.

ARTICLE 28

SAVINGS PROVISION

28.1 Any provision of this Memorandum of Understanding which may be in conflict with any Federal or State law, regulation or executive order shall be suspended and inoperative to the extent of and for the duration of such conflict; the balance of the Memorandum of Understanding, however, shall remain in full force and effect. Whenever any provision of this Memorandum of Understanding is affected as set forth above, either Party may, by giving written notice to the other within thirty (30) days of the court’s action, open negotiations on the subject of the affected provisions.

This Memorandum of Understanding shall be effective October 1, 2023 to September 30, 2026, except for those provisions of the Memorandum of Understanding which have been assigned other effective dates as here in above set forth and shall remain in full fo rce and effect to and including September 30, 2026.

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ARTICLE 29

FULL UNDERSTANDING, MODIFICATION, WAIVER

29.1 This Agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety.

29.2 It is agreed and understood that each party voluntarily and unqualifiedly waives its right to negotiate, and agrees that the other party shall not be required to negotiate, with respect to any matter covered herein, except as provided in this Agreem ent. Both parties acknowledge that such waiver and relinquishment as set forth above carries with it the commensurate prohibition for either party to effect a unilateral change in an employment condition falling within the scope of negotiations under Government Code Section 3500 et seq., including a prohibition on unilateral change to any adopted personnel rule or policy in effect at the time this MOU is ratified, such as the City’s Pay for Performance Policy or the Conduct and Honesty Policy.

29.3 No agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained in the agreement shall in any manner be binding upon the parties unless made and executed in writing by all parties, and if required, appr oved by the CITY and ratified by the membership of the UNION.

IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding, this 2 nd day
of October, 2023.

CITY OF REDDING UNITED PUBLIC EMPLOYEES OF CALIFORNIA, LOCAL 792, RFMU

_________________________________ _________________________________ Gage Dungy, Chief Negotiator Ron Copeland, Chief Negotiator

_________________________________ _________________________________ Date Date
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EXHIBIT “A”

SCHEDULE OF SALARY RANGES

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Attachment: ^UPEC RFMU MOU Final with exhibits (9.15(a)--UPEC - RFMU Successor MOU) Job Code Title
126 Battalion Chief/Division Chief $7,476 – $11,833
133 Battalion Chief Shift $7,476 – $11,833
164 Assistant Fire Marshal $7,366 – $10,882
Monthly Salary Range
EXHIBIT "A-0"

CITY OF REDDING
UNITED PUBLIC EMPLOYEE OF CALIFORNIA LOCAL 792

REDDING FIRE MANAGEMENT

SCHEDULE OF SALARY RANGES
Effective: September 4, 2022
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Attachment: ^UPEC RFMU MOU Final with exhibits (9.15(a)--UPEC - RFMU Successor MOU) Job Code Title
126 Battalion Chief/Division Chief $8,672 – $13,726
133 Battalion Chief Shift $8,672 – $13,726
164 Assistant Fire Marshal $8,545 – $12,623
Monthly Salary Range
EXHIBIT "A-1"

CITY OF REDDING
UNITED PUBLIC EMPLOYEE OF CALIFORNIA LOCAL 792

REDDING FIRE MANAGEMENT

SCHEDULE OF SALARY RANGES
Effective: October 1, 2023
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Attachment: ^UPEC RFMU MOU Final with exhibits (9.15(a)--UPEC - RFMU Successor MOU) Job Code Title
126 Battalion Chief/Division Chief $9,019 – $14,275
133 Battalion Chief Shift $9,019 – $14,275
164 Assistant Fire Marshal $8,886 – $13,128
Monthly Salary Range
EXHIBIT "A-2"

CITY OF REDDING
UNITED PUBLIC EMPLOYEE OF CALIFORNIA LOCAL 792

REDDING FIRE MANAGEMENT

SCHEDULE OF SALARY RANGES
Effective: September 29, 2024
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Attachment: ^UPEC RFMU MOU Final with exhibits (9.15(a)--UPEC - RFMU Successor MOU) Job Code Title
126 Battalion Chief/Division Chief $9,379 – $14,846
133 Battalion Chief Shift $9,379 – $14,846
164 Assistant Fire Marshal $9,242 – $13,653
Monthly Salary Range
EXHIBIT "A-3"

CITY OF REDDING
UNITED PUBLIC EMPLOYEE OF CALIFORNIA LOCAL 792

REDDING FIRE MANAGEMENT

SCHEDULE OF SALARY RANGES
Effective: September 28, 2025
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MEMORANDUM OF UNDERSTANDING

BETWEEN THE

CITY OF REDDING

AND THE

UNITED PUBLIC EMPLOYEES OF CALIFORNIA
LOCAL 792

REDDING FIRE MANAGEMENT UNIT

April 7, 2021October 1, 2023
Through

September 30, 20232026

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TABLE OF CONTENTS
ARTICLE 1: PREAMBLE ................................................................................................................... 1 ARTICLE 2: RECOGNITION ............................................................................................................. 1 ARTICLE 3: CITY RIGHTS................................................................................................................ 2 ARTICLE 4: UNION RIGHTS ............................................................................................................ 2 ARTICLE 5: CONCERTED ACTIVITIES .......................................................................................... 2 ARTICLE 6: UNION SECURITY ........................................................................................................ 3 ARTICLE 7: GRIEVANCE AND DISCIPLINARY PROCEDURE ..................................................... 3 ARTICLE 8: INDUSTRIAL DISABILITY .......................................................................................... 5 ARTICLE 9: EMPLOYEE STATUS .................................................................................................... 5 ARTICLE 10: COMPENSATION AND CLASSIFICATION .............................................................. 6 ARTICLE 11: HOURS AND OVERTIME ........................................................................................... 8 ARTICLE 12: SICK LEAVE................................................................................................................ 8 ARTICLE 13: VACATIONS ................................................................................................................ 9 ARTICLE 14: HOLIDAYS ................................................................................................................ 12 ARTICLE 15: ADMINISTRATIVE LEAVE ..................................................................................... 13 ARTICLE 16 SENIORITY ................................................................................................................. 14 ARTICLE 17: PROMOTION AND TRANSFER ............................................................................... 14 ARTICLE 18: DEMOTION AND LAYOFF ...................................................................................... 14 ARTICLE 19: LEAVES ..................................................................................................................... 15 ARTICLE 20: EXPENSES AND UNIFORM ALLOWANCE ............................................................ 16 Packet Pg. 634
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ARTICLE 21: FUNERAL/BEREAVEMENT LEAVE ....................................................................... 16 ARTICLE 22: JURY/WITNESS DUTY ............................................................................................. 17 ARTICLE 23: DISABILITY AND UNEMPLOYMENT .................................................................... 17 ARTICLE 24: EMPLOYEE GROUP HEALTH & WELFARE INSURANCE BENEFTIS .............. 18 ARTICLE 25: RETIREMENT PROGRAM ....................................................................................... 19 ARTICLE 26: CONTINUING EDUCATION .................................................................................... 22 ARTICLE 27: MISCELLANEOUS .................................................................................................... 22 ARTICLE 2728: SAVINGS PROVISION .......................................................................................... 22 ARTICLE 2829: FULL UNDERSTANDING, MODIFICATION, WAIVER ..................................... 22

EXHIBIT “A” – SCHEDULE OF SALARY RANGES

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ARTICLE 1

PREAMBLE

1.1 The parties acknowledge the provisions of Chapter 10 (Sections 3500, et seq.) of Division 4 of Title 1 of the Government Code of the State of California.

1.2 It is the policy of the City and Union not to, and neither party will interfere with, intimidate, restrain, coerce or discriminate against any employee race, color, sex, sexual orientation, citizenship status, marital status, ethnicity, age (for people 40 and older), religion, gender identity, gender expression, genetic information, national origin and ancestry, political affiliation, creed, military or veteran status, physical disability, mental disability, medical condition or any other characteristic protected by state or federal law.

1.3 The City is engaged in rendering services to the public, and the City and Union recognize their mutual obligation for the continuous availability and delivery of such services.

ARTICLE 2

RECOGNITION

2.1 The City recognizes United Public Employees of California- Local 792 as the “Exclusive Representative” of the Redding Fire Management Unit of employees of the City who hold a classification listed on Exhibit “A” of this Memorandum of Understanding.

2.3 The City will make any changes to benefits due to employees who retire from City service at the same time changes are applied to the bargaining unit recognized pursuant to this article following appropriate meet and confer procedures.

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ARTICLE 3

CITY RIGHTS

3.1 The Union recognizes and accepts the right of City of Redding management to manage the City.

The City, through its department heads, retains solely and exclusively, all the rights, powers and authority exercised or held prior to the execution of this Memorandum of Understanding and the right to take action on all issues which are outside of the scope of bargaining, including its exclusive rights and authority under Federal law, State law, or the Redding Municipal Code. Without limiting the generality of the foregoing, the rights, powers and authority retained solely and exclusively by the City include, but are not limited to, the following:

To manage and direct its business and personnel; to manage, control and determine the mission of its departments, building facilities and operations; to create, change, combine or abolish job classifications, departments and facilities in whole or in part; to privately contract or discontinue work for economic or operational reasons; to direct the work force; to increase or decrease the work force (through layoff), and determine the number of employees needed; to create and maintain work standards, schedules of operation and reasonable work load; to hire, promote, demote, transfer, suspend and discipline or discharge employees for just cause; to implement a mandatory furlough program during a fiscal emergency; to specify or assign work requirements consistent with classification specifications and require overtime; to schedule working hours and shifts; to adopt rules of conduct and penalties for violations; to determine the type and scope of work to be performed and the services to be provided; to establish new classifications; to determine the methods, processes, means, and places of providing services and to take whatever action necessary to prepare for and operate in an emergency. Exercise of City rights shall be subject to the terms of this Agreement.

ARTICLE 4

UNION RIGHTS

4.2 The City and the Union will not interfere with, intimidate, restrain, coerce or discriminate against any employee because of the employee’s membership or non-membership in the Union or the employee’s activity on behalf of the Union.

ARTICLE 5

CONCERTED ACTIVITIES

5.1 The duties performed by employees of the City as part of their employment pertain to and are essential to the operation of a municipality and the welfare of the public. During the term of this Memorandum of Understanding, employees shall not partially or totally abstain from the performance of their duties for the City during or outside of regular work hours. The Union shall not call upon or Packet Pg. 637
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ARTICLE 6

UNION SECURITY

Deductions may include individual insurance and benefit programs.

6.4 Indemnity and Refund – Within thirty (30) days of the execution of this Memorandum of Understanding, the Union shall file with the City an Indemnity Statement wherein the Union shall indemnify, defend and hold the City harmless against any claim made and against any suit initiated against the City on account of check off Union dues or premiums for benefits. In addition, the Union shall refund to the City any amounts paid to it in error upon presentation of supporting evidence.

ARTICLE 7

GRIEVANCE AND DISCIPLINARY PROCEDURE

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7.2 Step One: The initial step in the resolution of a grievance shall be a discussion between the employee and the employee’s immediate supervisor, who will answer within ten (10) calendar days.

7.3 Step Two: If a grievance is not resolved in the initial step, the second step shall be a written presentation of the grievance, in writing, to the Fire Chief, who will answer, in writing, within 10 (ten) calendar days. This step shall be taken within ten (10) calendar days of the date of the answer to Step One.

7.4 Step Three: If a grievance is not resolved in the second step, the third step shall be a written presentation of the grievance, in writing, to the Personnel Director, who shall answer, in writing, within ten (10 calendar days. This step shall be taken within ten (10) calendar days of the date of the answer to Step Two.

Whenever a grievance is referred to mediation, either the Union or the City may request, in writing, that the California State Mediation and Conciliation Service refer a state mediator. The mediator shall assist the parties in the resolution of the grievance in the same manner as that which is normally used in the mediation of interest disputes. Referral to Step Six shall not occur until a mediator has released the parties from the mediation process.

7.7 Step Six: If a grievance is not resolved in the fifth step of this procedure, the sixth step shall be referral by either the City, or the Union, to arbitration within twenty (20) calendar days of the date of the answer in Step Five.

7.8 An arbitrator shall be appointed on each occasion that a grievance is submitted to arbitration. The arbitrator shall be chosen by mutual agreement of the City and Union. In the event that the City and Union are unable to agree on the selection of an arbitrator, they shall request the State of California Mediation and Conciliation Service to nominate five (5) persons for arbitrator. The City and the Union each will alternately challenge two (2) of such nominees, the party having the first challenge to be determined by lot. The remaining nominee shall be accepted as the arbitrator and the arbitrator’s compensation and expenses shall be borne equally by the City and Union. The City and Union shall pay the compensation and expenses of their respective appointees and witnesses. At the Union’s request, the City shall release employees from duty to participate in arbitration proceedings.

7.9 The arbitrator shall hold such hearings and shall consider such evidence as appears necessary and proper, or as may be stipulated by the parties. The arbitrator shall be fully vested with the power to Packet Pg. 639
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render a decision regarding interpretation of the contract, which decision shall be binding on both parties.

However, the arbitrator may only order remedies that are either stipulated for consideration by the parties or available to the Union pursuant to the terms of the MOU. The arbitrator may order the City to cease and desist from any conduct determined to be in violation of the MOU, but in no event shall the arbitrator have authority to exercise management rights reserved to the City as a remedy. The first hearing should be held within ninety (90) days of the date of referral to arbitration. Following the hearings and prior to the arbitrator’s final decision, the arbitrator shall submit a proposed decision to the parties for their review and the opportunity to simultaneously submit additional written argument prior to the arbitrator’s decision becoming final and binding on the parties. Any additional argument submitted by either party shall be submitted to the arbitrator and the other party. Thereafter, the decision of the arbitrator shall be final and binding on City and Union provided that such decision does not in any way add to, disregard or modify any of the provisions of this Memorandum of Understanding.

ARTICLE 8

INDUSTRIAL DISABILITY

8.1 An employee who is absent by reason of industrial disability may be returned to work by the City and given temporary light duties within the employee’s ability to perform, pursuant to the City’s Alternate/Modified Duty Policy.

ARTICLE 9

EMPLOYEE STATUS

9.1 A Regular employee (status code 3) is defined as an employee hired for a full-time position that has been regularly established as an authorized position and is of indeterminate duration. A Regular employee shall receive not less than the minimum rate for the job and shall be eligible for sick leave pay, vacation pay, holiday pay, retirement plan participation, group health and welfare insurance coverage and other benefits as outlined herein as the employee becomes eligible.

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9.3 Probationary Periods: Regular employees shall serve a probationary period of one (1) year upon initial appointment to each status. Such probationary period is considered to be a continuation of the selection process and employees may be terminated from employment or demoted at any time without recourse, pursuant to the grievance procedure. The probationary period will start over for any employee who transfers to another position during the probationary period. The probationary period may be extended at the City’s sole discretion in circumstances where further evaluation of the employee is necessary. Employees serving their initial probationary period shall not be eligible for leave of absence or supplemental benefits for industrial injury. Temporary employees do not serve a probationary period, as the appointment is temporary by definition and can be terminated at any time.

ARTICLE 10

COMPENSATION AND CLASSIFICATION

10.1 Employees shall be paid the salary or wage rate established for their classification. Attached hereto and made a part hereof is Exhibit “A” titled “Schedule of Salary Ranges.” Upon initial appointment to a classification, an employee shall be paid the lowest compensation rate for that classification. An employee may, however, be paid a rate above the lowest rate if circumstances justify it. When an employee is appointed to a higher paid classification which has a compensation range overlapping the range of the employee’s previous classification, the employee shall be paid at the rate of the classification to which the employee is being appointed, which is at least five percent (5%) more than the employee’s present rate, but not more than the top rate of the classification to which the employee is appointed.

10.2 Exempt employees are eligible for Pay-For-Performance adjustments in accordance with the City’s Pay-For-Performance Policy. Salary rate changes shall be made on the first day of the pay period closest to the anniversary of an employee’s employment date.

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10.4 Whenever a Regular employee is assigned by the City to replace an absent employee in a higher- paid classification and the employee performs a substantial majority (greater than fifty percent [50%]) of the absent employee’s duties for a full work day, such employee shall have their compensation increased by at least five percent (5%), but not to exceed the range of the higher classification. Fire Chief approval is required.

A. Educational Incentive. Educational Incentive shall be paid to those employees who qualify as follows and be included in the regular rate of pay.

PAY REQUIREMENTS

PAY REQUIREMENTS
Office of the State Fire Marshall (OSFM) Certificate or Specialty Assignment

2.5% Fire Officer Certificate or Company Officer Certification

2.5% Chief Officer Certificate or Chief Fire Officer Certification or Fire Marshal Certification

2.5% Executive Fire Officer Certificate or National Fire Academy Executive Fire Officer Certification

2.5% Inspector II Certification and Plans Examiner Certification

2.5% Fire Investigator Certification
5% SCHMRT

2.5% HAZMAT Team Leader (as designated by SCHMRT – limited to one unit member)
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2.5% HAZMAT Incident Commander, Emergency Management
Specialist, Damage Inspection Manager or Strike Team Leader (5% maximum from these items)

10.6 Fire Battalion/Division Chiefs assigned to a forty (40) hour workweek will receive a five percent (5%) pay differential. The differential will be paid on the base salary rate.

 Fire prevention division employees required to respond to fire investigation purposes during the on call period; and

 A Division Chief assigned as the “Duty Chief” during the on call period.

Method of payment of on call compensation:

A One (1) hour of overtime compensation at the employee’s regular rate of pay for each weekday (12:01 a.m. Monday through midnight Friday).

B Two (2) hours of overtime compensation at the employee’s regular rate of pay for Saturdays (12:01 a.m. Saturday through midnight Saturday).

C Three (3) hours of overtime compensation at the employee’s regular rate of pay for Sundays (12:01 a.m. Sunday through midnight Sunday) and Holiday (pursuant to Article

17.1).

ARTICLE 11

HOURS AND OVERTIME

11.2 Exempt employees shall not receive any compensation for overtime work, except for the following reasons:

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DESCRIPTION

TIMES BASE

PAY RATE

FOR SHIFT

EMPLOYEES

TIMES BASE

PAY RATE FOR

NON-SHIFT

11.3 Overtime shall be computed to the nearest one-quarter (1/4) hours.

ARTICLE 12

SICK LEAVE

12.2 Paid sick leave shall be allowed for a non-work related absence due to:

WORK SCHEDULE FACTOR
Forty (40) to fifty-six (56) hours 1.4
Fifty-six (56) to forty (40) hours 0.715
A The inability of an employee to be present or perform duties because of personal illness, off-duty injury, or confinement for medical treatment.

B The ability to attend personal medical or dental appointments, which are impractical to schedule outside of regular working hours.

D For family sick leave up to forty-eight (48) hours per calendar year for members of the immediate family; ninety-six (96) hours for Fire Department shift personnel.

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employee’s immediate household. The relationships included herein shall apply whether by blood or marriage. Sick leave to include mental or physical illness.

12.3 The City may also require an employee requesting to return to work after sick leave or leave of absence for medical reasons to submit to a medical examination at City expense by a physician or physicians approved by City for the purpose of determining that such employee is fit and able to perform the duties of the employee’s former position without hazard to the employee, fellow employees, or the employee’s own permanent health.

12.5 In the event an employee exhausts all paid leave as a result of an illness or injury, and subject to the approval of the Fire Chief and the Personnel Director, the employee may be advanced sick leave from his or her future accruals up to eighty (80) hours. Twenty-four (24) hour shift employees may be advanced up to one hundred twelve (112) hours. Once the employee returns to duty, sick leave accrual hours will be applied to the negative sick leave account until it is zero. Should the employee terminate City employment with a negative sick leave balance, appropriate adjustments will be made to final paid leave cash pay-outs or other City monies owed the employee. If insufficient funds are due to the employee by the City, the employee shall directly reimburse the City for advanced sick leave in excess of the funds, if any, previously withheld. Such direct reimbursement will be waived for employees who are terminally ill or totally disabled (100%).

12.6 Any employee who after ten (10) years but less than fifteen (15) years of continuous service to the City terminates employment shall be paid at the employee’s regular pay rate for thirty-three and one- third percent (33 1/3%) of the employee’s accumulated sick leave hours. For employees with fifteen (15) years but less than twenty (20) years of continuous service, the percentage set forth above shall be increased to forty-five percent (45%). For employees with twenty (20) years or more continuous service, the percentage set forth above shall be increased to sixty percent (60%).

Any sick leave amount remaining will be used as service credit toward the employee’s retirement benefit through CalPERS, pursuant to the contract between the City of Redding and CalPERS.

ARTICLE 13

VACATIONS

13.1 Regular employees of the City shall accrue vacations, based on the length of their continuous service measured from their date of employment, with pay up to a maximum of 500 hours for forty (40) hour workweek personnel and 700 hours for twenty-four (24) hour shift personnel. For each regular hour worked, or on paid leave, as follows:

ACCRUAL

RATE PER
HOUR

FROM THROUGH PAY
PERIOD

APPROXIMATE

ACCRUAL RATE

YEARS OF

SERVICE
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BI-
WEEKLY

ACCRUAL
(HOURS)

ACCRUAL
PER
HOUR
HOURS
PER
YEAR
(SHIFT)
# OF
24-
HOUR
SHIFTS
HOURS
PER
YEAR (40
HOUR)

13.2 A full pay period as used here is defined as one in which the employee works or is paid for time off for at least half of the regularly scheduled work hours.

13.3 The City Manager may authorize the accrual of vacation for a new Regular employee at a rate that exceeds the rate prescribed for the employee’s actual years of service.

13.4 In the event of departmental cancellation of a previously scheduled vacation or of a paid leave of absence due to industrial injury where such employee would exceed the maximum vacation accrual, the accumulation of vacation hours may exceed the established vacation maximum. In the event of an absence due to an illness or injury that is not job related, the Personnel Director may approve the accumulation of vacation hours in excess of the established vacation maximum. The City Manager may also approve the accumulation of vacation hours in excess of the stated maximum for other extenuating circumstances. Whenever such excess accruals occur, the employee shall have one year from the date the vacation was canceled or from the date the employee returns to work from illness or injury to utilize the excess accrual.

13.5 It is City policy that employees take their normal vacation each year at such time or times as may be approved by the Fire Department.

13.6 Vacation cannot be accrued while an employee is in a non-pay status.

13.7 Vacations will be scheduled throughout the calendar year. Employees with greater seniority will be given preference over those with less seniority in the selection of a vacation period, provided, however, that if the senior employee splits his/her vacation by requesting less than a full year’s allowance to be scheduled on consecutive workdays, the employee’s preferential rights shall only apply on one period in that calendar year prior to all other employees being given consideration in the selection of their first choice vacation period.

A .039 Date of
Employment 104th 2 weeks 1-4
B .058 105th 234th 3 weeks After 4
C .068 235th 364th 3 ½ weeks After 9
D .077 365th 494th 4 weeks After 14
E .087 495th 624th 4 ½ weeks After 19
F .096 625th -- 5 weeks After 24
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13.8 If an employee is off duty on vacation on a fixed or floating holiday, the paid holiday will be used.

If an employee is off on vacation on a floating holiday, vacation balances will be used and the paid holiday will be deferred.

13.9 Employees whose employment with the City is terminated for any reason shall, at the time of separation, receive pay for any unused vacation hours previously earned.

13.10 Employees may elect to receive compensation for accumulated vacation hours during any fiscal year as follows:

For employees working other than 24
hour shift:

For employees working 24 hours shift:

MINIMUM

ACCRUAL

MAXIMUM

HOURS PAYABLE

MINIMUM

ACCRUAL

MAXIMUM

HOURS PAYABLE
120 40 168 56
240 80 336 112
360 120 504 168

ARTICLE 14

HOLIDAYS

14.1 Regular forty hour (40) workweek employees shall be entitled to have the following holiday time off with pay:

DESCRIPTION OF HOLIDAY Fixed Floating
1 January 1st X
2 The third Monday in January, known as Martin Luther
King, Jr. Day X
3 Lincoln Day X
4 The third Monday in February, known as President’s Day X 5 The last Monday in May, known as Memorial Day X
6 June 19th, known as “Juneteenth” X
67 July 4th X
78 First Monday in September, known as Labor Day X
89 Employee’s Birthday X
9 The second Monday in October, known as Columbus Day X 10 November 11th, known as Veteran’s Day X
11 Thanksgiving X
12 Friday after Thanksgiving X
13 The last half of the normal work shift before Christmas X 14 December 25th X

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If any of the holidays listed above fall on a Saturday, the preceding Friday shall be observed as the holiday, except by those employees who are regularly scheduled to work on Saturday other than on an overtime basis. Employees who are regularly scheduled to work on Saturdays shall observe such holidays on Saturday.

14.3 An employee may observe the employee’s birthday holiday on the employee’s birthday or anytime during the pay period in which the birthday occurs, or the holiday may be deferred and scheduled as vacations are normally scheduled. Floating holidays shall be scheduled by employees and the employee’s supervisor in the same manner as vacations are normally scheduled. When an employee works on their birthday, the employee shall receive pay at the regular rate of pay. Birthday holiday pay is not considered reportable compensation and will not be reported to CalPERS. When an employee is required to work on a floating holiday the employee shall receive pay at the straight time rate.

14.4 Employees may be scheduled to work on fixed holidays. In that event, the holiday will be deferred and scheduled as vacations are normally scheduled.

14.5 Regular and probationary twenty-four (24) hour shift employees shall receive fifteen and two- tenths (15.2) hours of holiday compensation, maximum of 152 hours per year, on those fixed holidays as designated in paragraph 14.1, payable in the pay period in which the holiday falls.

14.6 An employee must be in a paid status on both workdays immediately adjacent to the holiday in order to receive pay for the holiday.

ARTICLE 15

ADMINISTRATIVE LEAVE

15.1 Exempt Fire Management employees may be eligible for paid time off per calendar year as indicated below:

ADMINISTRATIVE LEAVE MAY
BE GRANTED TO:

WITH FIRE CHIEF

APPROVAL

WITHCITY

MANAGER

APPROVAL
Forty (40) hours workweek employees:: 40 Hours 80 Hours Employees who normally work a 24-
hour shift: 56 Hours 112 Hours

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15.3 Employees are to schedule administrative leave in the same manner as vacation with the approval of their Supervisor.

15.4 Employees appointed to an exempt position after the first of the year may be granted leave on a prorated basis. Administrative Leave balances may be adjusted when employees separate employment prior to the end of the calendar year.

15.5 Administrative leave may not be taken for the purpose of outside employment or for self employment.

ARTICLE 16

SENIORITY

16.1 Seniority is defined as total length of continuous service with the City. In determining an employee’s seniority, the continuity of this service will be deemed to be broken by termination of employment by reason of (1) resignation, (2) discharge for cause, (3) layoff, (4) failure to return immediately on the expiration of a leave of absence or acceptance of other full time employment while on leave, and (5) unexcused absence without pay, without a leave of absence. Continuity of service will not be broken and seniority will accrue when an employee is (a) inducted, enlists or is called to active duty in the Armed Forces of the United States or service in the Merchant Marine or under any Act of Congress which provides that the employee is entitled to reemployment rights, (b) on duty with the National Guard, (c) absent due to industrial injury, or (d) on leave of absence.

ARTICLE 17

PROMOTION AND TRANSFER

17.1 All promotions and transfers shall be in accordance with standards and procedures as determined by the City.

17.2 Promotional appointments will be probationary for one (1) full year.

ARTICLE 18

DEMOTION AND LAYOFF

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calculated by adding seniority in the laid-off class to seniority in the lower-paid class. Whenever an employee demotes to a lower-paid class, the employee shall be placed within the salary range for the new class and closest to the employee’s previous salary rate.

18.3 Laid-off employees shall be kept on a reemployment list for a period of -one (1) year from the date of layoff, and shall have preferential rehire rights to the class from which the employee was laid off in the reverse order of layoff. Whenever it becomes necessary for the City to notify a laid-off-employee of a reemployment opportunity, the City shall do so by use of registered mail to the employee’s last known address as supplied by the employee. Reemployment shall be based upon the laid-off employee’s ability to meet current employment standards. If an employee does not accept reemployment, the employee’s name shall be removed from the reemployment list and the employee shall no longer have reemployment rights.

ARTICLE 19
LEAVES

(a) A leave will commence on and include the first workday on which the employee is absent, and terminates with and includes the workday preceding the day the employee returns to work.
(b) All applications for leave of absence shall be made in writing except when the employee is unable to do so. The conditions under which an employee will be restored to employ- ment on the termination of leave of absence shall be clearly stated by the City in conjunction with the granting of a leave of absence. An employee is required to submit medical certifications as to the conditions necessitating the leave if the leave is a result of exhaustion of sick leave. If the leave should exceed the initial request, the employee is responsible for requesting additional time off and providing current medical certifications and return to work dates. Upon an employee’s return to work after a leave of absence, the employee will be reinstated to the employee’s former position and working conditions, providing that the employee is capable of performing the duties of the employee’s former position, except that if there has been a reduction of forces or the employee’s position has been eliminated during said leave, the employee will be returned to the position the employee would be in, had the employee not been on a leave of absence.
(c) An employee’s status as a Regular employee will not be impaired by a leave of absence and the employee’s seniority will accrue.
(d) If an employee fails to return immediately on the expiration of the employee’s leave of absence or if the employee accepts other employment without prior City approval while on leave, the employee will thereby forfeit the leave of absence and employment with the City may be terminated.
(e) An employee on a leave of absence as provided here shall not accrue vacation or sick leave benefits nor maintain group health and welfare insurance coverage. An employee Packet Pg. 650
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may, if eligible, maintain group insurance coverage at the employee’s expense providing the full monthly premium is received by the City Treasurer on or before the first day of the month for which the premium is intended. Notwithstanding the above, however, if the leave of absence is as a result of exhaustion of sick leave benefits, an employee’s group health insurance may be maintained for up to three (3) calendar months on the normal premium-sharing formula, providing the employee pays his/her employee’s share of the premium on a timely basis.

ARTICLE 20

EXPENSES AND UNIFORM ALLOWANCE

20.3 An annual uniform/boot allowance of $900 1200 per fiscal year shall be provided to personnel required to wear a uniform as part of their normal job duties, as opposed to occasional ceremonial functions. The annual uniform /boot allowance will be paid in equally divided installments on a bi-weekly basis with the City’s regular payroll processing.

Effective in the pay period following City Council approval of this successor MOU, employees will be provided a one-time payment of $300 to be used towards their uniform/boot allowance. Beginning with the next fiscal year thereafter, the annual uniform/boot allowance will be $1,200 and will be paid in equally divided installments on a bi-weekly basis with the City’s regular payroll processing

20.4 The annual uniform allowance will be paid in equally divided installments on a bi-weekly basis with the City’s regular payroll processing. Newly hired employees will receive the full amount indicated above. In July following the new employee’s hire date, regardless of time with the respective department, the employee will begin receiving bi-weekly installments with the regular payroll.

ARTICLE 21

FUNERAL/BEREAVEMENT LEAVE

21.1 Forty hour (40) workweek employees Employees who are absent from work due to the death of a member of the employee’s immediate family shall receive compensation at the regular rate of pay for the time necessary to be absent from work, but not to exceed forty (40) working hours per incident for forty hour (40) workweek employees; or fifty-six hours for employees who work twenty-four (24) hour shifts.

Employees are allowed to take up to five (5) total work days due to the death of the employee’s “immediate family” in accordance with Government Code section 12945.7. Employees who have exhausted their allowance of paid leave as provided in this section may request to utilize sick leave, vacation or compensatory time off or unpaid leave if the employee wants to take additional time off up to the five (5) total work days of leave provided. Such bereavement leave for immediate family as provided in this section need not be taken in consecutive days, but must be used up within three (3) months of the date of the death Packet Pg. 651
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of the immediate family member. Subject to the approval of the Fire Chief, an employee may request to take bereavement leave pursuant to this section beyond three (3) months of the date of the death of the immediate family member.

21.2 Immediate family includes only employee’s spouse or registered domestic partner; children, grandchildren, brothers, sisters, parents, or grandparents of either employee or spouse/registered domestic partner; or other persons who are living in the employee’s immediate household or as otherwise provided by law. The relationships included herein shall apply whether by blood or marriage.

21.3 Forty hour (40) workweek employees who are absent from work to attend the funeral of a person other than an immediate family member shall receive compensation at the regular rate of pay for the time necessary to be absent from work, but not to exceed one (1) regularly scheduled work day per incident. A maximum of twenty-four (24) hours (or 3 days) may be utilized for this type of leave in a calendar year; seventy-two (72) hours for employees who work twenty-four (24) hour shifts.

21.4 An employee must be in a paid status on both scheduled workdays immediately adjacent to funeral leave in order to receive pay for such leave.

ARTICLE 22

JURY/WITNESS DUTY

22.1 A Regular employee who is summoned for jury duty and thus absent from the work place will be paid for the time lost at the employee’s regular rate of pay.

22.3 An employee must be in a paid status on both scheduled workdays immediately adjacent to the jury duty in order to receive pay for such leave.

ARTICLE 23

DISABILITY AND UNEMPLOYMENT

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(1) year. Employees who are not entitled to the benefits as set forth in Section 4850 of the Labor Code of the State of California but who are receiving Workers’ Compensation temporary disability benefits, may, nevertheless, at their option, maintain their group health and welfare insurance coverage during the period in which they are receiving temporary disability compensation for up to a maximum of a cumulative total of three (3) years, which includes one (1) year of Section 4850 paid time, providing the employee pays his or her share of the monthly premium to the City of Redding on or before the first day of the month for which the premium is intended. Holidays which occur during the period for which an employee is receiving temporary disability compensation shall not be recognized by such employee for compensation purposes.

ARTICLE 24

EMPLOYEE GROUP HEALTH & WELFARE INSURANCE BENEFITS

24.1 Regular employees are eligible to participate in the City’s group health and welfare insurance benefit program, which includes the medical, prescription, dental, vision, life and long term disability insurance plans, effective the first day of employment. The City shall pay the cost of the program for Regular employees and dependents as indicated below. Benefit highlights include:

(a) Life Insurance: Twice annual compensation. More specific benefit information is provided in the carrier’s booklet.

(b) Health Benefits: The City’s contribution toward the monthly group health and welfare insurance composite premium rate shall be ninety percent (90%) and the employee will begin paying ten percent (10%) of the rate through a bi-weekly payroll deduction. The ten percent (10%) co-share of premium will be recalculated every January 1st to coincide with the renewal of the City’s Group Health Insurance Plan. The City has established a Section 125 Plan to redirect the portion of the employee’s salary to pay, on a pre-tax basis, the employee’s contribution toward the medical, prescription, dental and vision insurance composite premium rate.

The City will offers two health plans, a “Base Plan” and an optional “Buy Up Plan”. All eligible employees will be enrolled in the “Base Plan” and will have the option on a voluntary basis to enroll in the “Buy Up Plan” initially, and during the open enrollment period for each subsequent calendar year. Eligible employees that fail to complete the annual open enrollment will automatically be placed in the group health insurance plan they were enrolled in the previous year. Changes will be effective at the beginning of the following calendar year. The City’s contribution toward the monthly group health and welfare insurance composite premium rate for the “Base Plan” shall be ninety eighty-five percent (9085%) and the employee will pay ten fifteen percent (1015%) of the premium rate through a bi- weekly payroll deduction. Employees electing to enroll in the “Buy Up Plan” will be responsible for premiums beyond the City’s contribution of ninety eighty-five percent (9085%) of the “Base Plan” composite rate.

Effective December 26, 2021Calendar Year 2024, all employees participating in the Group Health and Welfare Insurance Plan will pay fifteen twenty percent (1520%) co-share of premium. The City’s contribution toward the monthly group health and welfare insurance composite premium rate for the “Base Plan” shall be eighty percent (8085%). Employees electing to enroll in the “Buy Up Plan” will be responsible for premiums beyond the City’s contribution of eighty percent (8085%) of the “Base Plan” composite rate.

Effective January 1, 2019, aAll active employees will be able to select an optional high deductible plan (medical and prescription only) as an additional lower cost option for group health. The Packet Pg. 653
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City will contribute up to a flat rate amount of $1,241 per month toward the high deductible plan.

Retirees are not eligible for the high deductible plan.

For specifics regarding the City’s Group Health and Welfare Benefit Plan, refer to the Benefit Summary Plan Description.

Retail
(34 days’ supply)
Effective
9/1/2011
Co-Payment
Effective
1/1/2022
Co-Payment
Generic $10.00 $10.00
Brand $40.00 $50.00
No Generic Available $20.00 $20.00
Mail
(90 days’ supply)

Generic $20.00 $20.00
Brand $70.00 $100.00
No Generic Available $40.00 $40.00

Note: Maintenance medication (i.e. a medication taken longer than 60 days) that are filled at the retail co-pay amount more than twice will be filled at the mail order co-pay amount.

(e) Long Term Disability: The City has agreed to pay an equivalent monthly premium amount to the Union to purchase their own long-term disability policy. The monthly amount shall be equal to the premium the City would pay if Union members participated in the City’s highest monthly benefit tier long-term disability program for safety employees.

(f) Vision Care: The premium cost of the Vision benefit program is outlined under “Health Benefits” above. For specifics regarding the City’s Vision Plan, refer to the Benefit Summary Plan Document.

24.2 (a) Tier I – Group Health Benefits at Retirement for Employees Hired Prior to August 7, 2011

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without a break in coverage. Payments by the City will be discontinued upon termination of group medical insurance coverage by the City retiree or loss of qualified status by the retiree. Following the death of a retiree, the surviving spouse, if any, may continue the insurance and the City will continue the benefit on the same terms and conditions for the life of the surviving spouse. The City will not contribute payments on behalf of any retiree hired prior to August 7, 2011 except as set forth above.

24.2 (b) Tier 2 – Group Health Benefits at Retirement for Employees Hired On or After August 7, 2011

All active employees hired on or after August 7, 2011, who retire during the term of this MOU and who have five (5) or more years of City service (and are eligible for CalPERS benefits upon separation of service) shall be eligible for the City to pay a proportionate share of the cost of the insurance premiums in accordance with the following formula: two percent (2%) for every year of active service with the City of Redding up to a maximum of fifty percent (50%) should the active employee transitioning to retirement elect to participate in the group health plan or the group health, dental and vision plan also made available to active employees. To initially qualify for the benefit, the employee must go directly from active status to retiree status with CalPERS. To maintain a qualified status, and to continue to receive the benefit, the retiree must continue the group medical insurance during retirement without a break in coverage and the retiree and their covered spouses who reach Medicare A/B eligibility age must enroll in Medicare. Payments by the City will be discontinued upon termination of group medical insurance coverage by the City retiree or loss of qualified status by the retiree. Following the death a retiree, the surviving spouse, if any, may continue the insurance and the City will continue the benefit on the same terms and conditions for the life of the surviving spouse. The City will not contribute payments on behalf of any retiree hired after August 7, 2011 except as set forth above.

24.2 (c) Retiring employees who were hired or who worked under a different Memorandum of Understanding (MOU) or City Resolution than the one in effect at the time of retirement shall be vested with the greatest retiree premium co-share formula in effect and for which that employee qualified for during his or her term of employment.

24.3 Regular employees are eligible to participate in the City’s Deferred Plan through voluntary payroll deductions from the employee’s pay.

24.4. The City offers the VantageCare Retiree Health Savings Plan to Regular employees.

24.5 The City and the Union agree to reopen negotiations if any changes to the Affordable Care Act affect matters within the scope of representation.

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ARTICLE 25

RETIREMENT PROGRAM

All CalPERS eligible employees, whether Tier 1, Tier 2, or Tier 3 agree to cost sharing of the CalPERS employer contribution rate in accordance with Government Code Section 20516, as soon as administratively possible, and after the date that the appropriate CalPERS contract amendment has been executed. The additional contribution of pensionable earnings will be paid by the employee through a bi-weekly payroll deduction on a pre-tax basis.

Tier 1

Public Safety Management employees hired prior to September 8, 2012, will be covered under the 3.0% at age 50 retirement benefit formula with the 12 highest paid consecutive months final compensation provision. Employees will be covered by the Fourth Level of 1959 Survivors’ Benefit Program (Government Code Section 21382.4), Survivor Continuance allowance; credit for unused sick leave; fifty percent (50%) ordinary disability benefit and military service credit buy back option.

 Three percent (3.0%), effective October 21, 2018 [total employee contribution of 12%];  An additional 1.5 percent (1.5%) for a total of four and a half percent (4.5%), effective as soon as administratively feasible after City Council approval of the successor MOU [total employee contribution of 13.5%];
 An additional 2 percent (2%) for a total of six and a half percent (6.5%), effective September 5, 2021 [total employee contribution of 15.5%];
 An additional 2 percent (2%) for a total of eight and a half percent (8.5%), effective September 4, 2022 [total employee contribution of 17.5%].

Regular employees vested in Tier 1 who leave City employment and maintain CalPERS membership, and subsequently are rehired, will be re-employed with Tier 1 status for CalPERS benefits.

Tier 2

Public Safety Management employees hired between September 8, 2012, and December 31, 2012, and those hired on or after January 1, 2013 who are considered to be “Classic CalPERS Members” will be covered under three percent (3%) at age 55 retirement benefit formula using an average of the highest paid consecutive 36 months of employment when determining final compensation. Employees will be covered by the Fourth Level of 1959 Survivors’ Benefit Program (Government Code Section 21382.4), Survivor Continuance allowance; credit for unused sick leave; fifty percent (50%) ordinary disability benefit and military service credit buy back option. The employee contribution of nine percent (9%) of pensionable earnings will be paid by the employee through a bi-weekly payroll deduction on a pre-tax basis.. Employees have agreed to cost sharing of the employer contribution rate in accordance with Government Code Section 20516 as follows:

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Regular employees vested in Tier 2 who leave City employment and subsequently are rehired will be re- employed with Tier 2 status for CalPERS benefits.

Tier 3

Pursuant to the California Public Employees’ Pension Reform Act of 2013 (PEPRA), employees hired on or after January 1, 2013, will be covered by the 2.7% at age 57 retirement formula with the 36 highest consecutive months final compensation provision as a “New CalPERS Member” if the employee 1) has not been a member of a California Public Retirement System, or 2) had prior CalPERS/reciprocity service with a break in service of six months or longer. Employees will be covered by the Fourth Level of 1959 Survivors’ Benefit Program (Government Code Section 21382.4) Survivor Continuance allowance; credit for unused sick leave; and military service credit buy back option. Also pursuant to PEPRA, New CalPERS Members will be responsible for paying one-half of the total normal cost rate for the retirement benefit on a bi-weekly pre-tax basis.

ARTICLE 26

CONTINUING EDUCATION

26.2 Employees must obtain prior approval from the Fire Chief. Reimbursement under this program shall be limited to four hundred dollars ($400) per course (semester/quarter).

ARTICLE 27

MISCELLANEOUS

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ARTICLE 2728

SAVINGS PROVISION

2728.1 Any provision of this Memorandum of Understanding which may be in conflict with any Federal or State law, regulation or executive order shall be suspended and inoperative to the extent of and for the duration of such conflict; the balance of the Memorandum of Understanding, however, shall remain in full force and effect. Whenever any provision of this Memorandum of Understanding is affected as set forth above, either Party may, by giving written notice to the other within thirty (30) days of the court’s action, open negotiations on the subject of the affected provisions.

This Memorandum of Understanding shall be effective April 7, 2021October 1, 2023 to September 30, 20232026, except for those provisions of the Memorandum of Understanding which have been assigned other effective dates as here in above set forth and shall remain in full force and effect to and including September 30, 20232026.

ARTICLE 2829

FULL UNDERSTANDING, MODIFICATION, WAIVER

2829.1 This Agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety.

2829.2 It is agreed and understood that each party voluntarily and unqualifiedly waives its right to negotiate, and agrees that the other party shall not be required to negotiate, with respect to any matter covered herein, except as provided in this Agreement. Both parties acknowledge that such waiver and relinquishment as set forth above carries with it the commensurate prohibition for either party to effect a unilateral change in an employment condition falling within the scope of negotiations under Government Code Section 3500 et seq., including a prohibition on unilateral change to any adopted personnel rule or policy in effect at the time this MOU is ratified, such as the City’s Pay for Performance Policy or the Conduct and Honesty Policy.

2829.3 No agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained in the agreement shall in any manner be binding upon the parties unless made and executed in writing by all parties, and if required, approved by the CITY and ratified by the membership of the UNION.

IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding, this 7th 2nd day of AprilOctober, 20212023.

CITY OF REDDING UNITED PUBLIC EMPLOYEES OF CALIFORNIA, LOCAL 792, RFMU

_________________________________ _________________________________ Packet Pg. 658
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Gage Dungy, Chief Negotiator Ron Copeland, Chief Negotiator

_________________________________ _________________________________ Date Date
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EXHIBIT “A”

SCHEDULE OF SALARY RANGES

Packet Pg. 660
Attachment: UPEC RFMU MOU - Redline (9.15(a)--UPEC - RFMU Successor MOU) Job Code Title
126 Battalion Chief/Division Chief $7,476 – $11,833
133 Battalion Chief Shift $7,476 – $11,833
164 Assistant Fire Marshal $7,366 – $10,882
Monthly Salary Range
EXHIBIT "A-0"

CITY OF REDDING
UNITED PUBLIC EMPLOYEE OF CALIFORNIA LOCAL 792

REDDING FIRE MANAGEMENT

SCHEDULE OF SALARY RANGES
Effective: September 4, 2022
Packet Pg. 661
Attachment: Exhibit A-0 Current Salary Schedule (9.15(a)--UPEC - RFMU Successor MOU) Job Code Title
126 Battalion Chief/Division Chief $8,672 – $13,726
133 Battalion Chief Shift $8,672 – $13,726
164 Assistant Fire Marshal $8,545 – $12,623
Monthly Salary Range
EXHIBIT "A-1"

CITY OF REDDING
UNITED PUBLIC EMPLOYEE OF CALIFORNIA LOCAL 792

REDDING FIRE MANAGEMENT

SCHEDULE OF SALARY RANGES
Effective: October 1, 2023
Packet Pg. 662
Attachment: ^Exhibit A-1 Salary Schedule Effective October 1, 2023 (9.15(a)--UPEC - RFMU Successor MOU) Job Code Title
126 Battalion Chief/Division Chief $9,019 – $14,275
133 Battalion Chief Shift $9,019 – $14,275
164 Assistant Fire Marshal $8,886 – $13,128
Monthly Salary Range
EXHIBIT "A-2"

CITY OF REDDING
UNITED PUBLIC EMPLOYEE OF CALIFORNIA LOCAL 792

REDDING FIRE MANAGEMENT

SCHEDULE OF SALARY RANGES
Effective: September 29, 2024
Packet Pg. 663
Attachment: ^Exhibit A-2 Salary Schedule Effective September 29, 2024 (9.15(a)--UPEC - RFMU Successor MOU) Job Code Title
126 Battalion Chief/Division Chief $9,379 – $14,846
133 Battalion Chief Shift $9,379 – $14,846
164 Assistant Fire Marshal $9,242 – $13,653
Monthly Salary Range
EXHIBIT "A-3"

CITY OF REDDING
UNITED PUBLIC EMPLOYEE OF CALIFORNIA LOCAL 792

REDDING FIRE MANAGEMENT

SCHEDULE OF SALARY RANGES
Effective: September 28, 2025
Packet Pg. 664
Attachment: ^Exhibit A-3 Salary Schedule Effective September 28, 2025 (9.15(a)--UPEC - RFMU Successor MOU)

CITY OF REDDING

REPORT TO THE CITY COUNCIL

Recommendation

Adopt Resolution approving a successor Memorandum of Understanding and salary exhibit s with RPOA for a three -year term beginning October 1, 202 3, and ending September 30, 2026; and approving amendments to the RPOA Schedule of Wage Rates effective October 1, 2023.

Fiscal Impact

If the successor Memorandum of Understanding (MOU) with RPOA is approved, there will be a net cost including savings from any concessions of approximately $620,000 per year. There are two concession s RPOA included in this agreement, an increase of five percent towards their group health beginning in January 2025, resulting in approximate savings of $107,000 per year .

The second concession is RPOA paying an additional 1.87 percent of California Public Employees Retirement System (CalPERS) cost share of the City of Redding’s (City) share of the retirement contribution results in savings of approximately $100,000 per year . As a result of these changes there ar e savings of approximately $1.8 Million over the next 10 years with $246,000 of the savings occurring during the term of the contract. The total estimated cost (including wage adjustments and benefit changes) of the successor MOU over the three -year term is $2.1 million, which is entirely attributable to the General Fund.

Alternative Action

The City Council (Council) could decline to approve the MOU and salary exhibits, thereby returning the City’s labor negotiation team to the bargaining table to contin ue the bargaining process with RPOA.

Background/Analysis

The current RPOA MOU expired on September 30, 2023. Following comprehensive negotiations, RPOA ratified the proposal package on September 24, 2023. The proposed MOU would be effective October 1, 2023, through September 30, 2026.

MEETING DATE: October 2, 2023
ITEM NO. 9.15(b)
FROM:

***APPROVED BY***

[email protected]

[email protected]
SUBJECT: 9.15(b)--Consider Resolution approving Successor Memorandum of Understanding and Salary Exhibits with the Redding Peace Officers Association (RPOA).

Kari Kibler, Personnel
Director
Packet Pg. 665
Report to Redding City Council September 27, 2023
Re: 9.15(b)--RPOA Successor MOU Page 2

A complete MOU, amended as proposed, is available online.

Major revisions of the proposal package include:

Term and Wages

Salary adjustments over the three-year term are as follows:
• Effective October 1, 2023, salaries will be increased four percent; • Effective September 29, 2024, salaries will be increased two percent; and • Effective September 28, 2025, salaries will be increased two percent.

A salary study was completed in January 2023, which compared police officer wages against 12 comparable benchmark agencies. The analysis indicated that City’s wages are approximately

7.35 percent above the market median, greatly assisting in recruitment and retention of qualified police officers in our community. The recommended a djustments will keep the City competitive in the job market to ensure the City attracts and retains the most qualified police officers.

Additionally, the MOU adds three new job classifications ; Traffic (Motor) Officer, Neighborhood Police Unit (NPU) Offic er, and Bike Team Officer with beginning wages set at five percent above Step 3 of the Police Officer job classification.

Benefit Modifications

Group Health Program
• Effective Calendar Year 2025, the employee ’s monthly premium rate contribution to the City’s Group Health Insurance Base Plan will increase from 15 to 20 percent.

Retirement Changes
• Effective the pay period beginning September 28, 2025 , or as soon as administratively feasible thereafter, RPOA Classic CalPERS members will begin paying a n additional 1.87 percent towards the City’s share of the retirement contribution. This equates to 50 percent of the normal cost of the retirement benefit being paid by the employees; and
• Effective the pay period beginning September 28, 2025 , or as soon a s administratively feasible thereafter, California Public Employees' Pension Reform Act of 2013 employees will no longer be required to contribute towards a separate 401(a) deferred compensation plan.

Other
• The Juneteenth holiday will be observed in lieu of existing Columbus Day holiday; • The Grievance procedure was amended to remove redundant steps and separate disciplinary grievances from the existing grievance procedure as well as clarify existing procedure which includes a predisciplinary meeting with the Chief of Police; • Revisions were made to better clarify how to calculate pay for canine care and maintenance based on existing practice from 2016 side letter; and • There were additional revisions to incorporate existing side letters as well as other non - substantive revisions.

Packet Pg. 666
Report to Redding City Council September 27, 2023
Re: 9.15(b)--RPOA Successor MOU Page 3

Environmental Review

This is not a project defined under the California Environmental Quality Act, and no further action is required.

Council Priority/City Manager Goals

• Budget and Financial Management – “Achieve balanced and st able 10-year Financial Plans for all funds.”

Attachments
^Resolution - RPOA Successor MOU
^RPOA MOU Final Version with Exhibits
RPOA MOU Redline with Exhibits
Exhibit A-0 Current Salary Schedule
^Exhibit A-1 Salary Schedule Effective October 1, 2023
^Exhibit A-2 Salary Schedule Effective September 29, 2024 ^Exhibit A-3 Salary Schedule Effective September 28, 2025 Packet Pg. 667
RESOLUTION NO. 2023-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING

ADOPTING THE SUCCESSOR MEMORANDUM OF UNDERSTANDING

AND SALARY EXHIBITS BETWEEN THE CITY OF REDDING AND

REDDING PEACE OFFICERS ASSOCIATION

WHEREAS, Redding Peace Officers Association (RPOA) has been formally recognized as the majority representative of an appropriate unit of employees, as set forth in Section 2.1 of Article 2 of the Memorandum of Understanding between the City of Redding and RPOA; and

WHEREAS, the designated representatives of the City of Redding engaged in good faith bargaining regarding terms and conditions of employment with the designated representatives of RPOA as required by the provisions of the Meyers -Milias-Brown Act of 1968, resulting in the proposed Memorandum of Understanding and Salary Exhibits attached hereto; and

WHEREAS, staff recommends adoption of said Memorandum of Understanding and Salary Exhibits; and

WHEREAS, the City Council deems it to be in the best interest of the City to adopt such recommendation;

I HEREBY CERTIFY that the foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Redding on the 2nd day of October, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

____________________________________
MICHAEL DACQUISTO, Mayor

ATTEST: FORM APPROVED:

________________________________ ____________________________________ SHARLENE TIPTON, City Clerk BARRY E. DeWALT, City Attorney Packet Pg. 668
Attachment: ^Resolution - RPOA Successor MOU (9.15(b)--RPOA Successor MOU)

MEMORANDUM OF UNDERSTANDING

between

THE DESIGNATED REPRESENTATIVES OF THE CITY OF REDDING

and

THE DESIGNATED REPRESENTATIVES

of the

REDDING PEACE OFFICERS ASSOCIATION

EFFECTIVE: July 1, 1974 (Insofar as legally possible)
AMENDED: May 29, 1975, to be effective June 29, 1975
AMENDED: June 20, 1978, to be effective June 25, 1978
AMENDED: August 2, 1982, to be effective July 7, 1982
AMENDED: August 11, 1983, to be effective July 3, 1983 AMENDED: November 5, 1984, to be effective November 4, 1984 AMENDED: April 7, 1987, to be effective July 1, 1986
AMENDED: July 18, 1989, to be effective June 25, 1989
AMENDED: April 6, 1993, to be effective April 6, 1993
AMENDED: June 21, 1994, to be effective June 19, 1994
AMENDED: January 2, 1996, to be effective December 17, 1995 AMENDED: April 7, 1998, to be effective September 20, 1997 AMENDED: May 7, 2002, to be effective April 14, 2002
AMENDED: March 21, 2006, to be effective March 12, 2006 AMENDED: June 21, 2011 to be effective June 26, 2011
AMENDED: April 19, 2016 to be effective April 20, 2016 AMENDED: April 27, 2018 to be effective May 1, 2018
AMENDED: March 2, 2021 to be effective March 3, 2021
AMENDED: October 2, 2023 to be effective October 1, 2023

Packet Pg. 669
Attachment: ^RPOA MOU Final Version with Exhibits (9.15(b)--RPOA Successor MOU) 1 TABLE OF CONTENTS

ARTICLE 1: PREAMBLE .................................................................................................... 2 ARTICLE 2: RECOGNITION............................................................................................... 3 ARTICLE 3: ASSOCIATION SECURITY ........................................................................... 4 ARTICLE 4: GRIEVANCE PROCEDURE ........................................................................... 5 ARTICLE 5: SAFETY ............................................................................................................ 7 ARTICLE 6: DISABILITY AND UNEMPLOYMENT ....................................................... 7 ARTICLE 7: EMPLOYEE STATUS ..................................................................................... 8 ARTICLE 8: WAGES AND CLASSIFICATIONS .............................................................. 9 ARTICLE 9: HOURS AND OVERTIME ............................................................................. 12 ARTICLE 10: CITY SENIORITY ........................................................................................... 16 ARTICLE 11: PROMOTION AND TRANSFER ................................................................... 16 ARTICLE 12: DEMOTION AND LAYOFF .......................................................................... 16 ARTICLE 13: LEAVE OF ABSENCE ................................................................................... 17 ARTICLE 14 EXPENSES ....................................................................................................... 18 ARTICLE 15: SICK LEAVE .................................................................................................... 18 ARTICLE 16: BEREAVEMENT LEAVE ............................................................................... 20 ARTICLE 17: HOLIDAYS ...................................................................................................... 20 ARTICLE 18: VACATIONS ................................................................................................... 22 ARTICLE 19: UNIFORMS ...................................................................................................... 23 ARTICLE 20: MISCELLANEOUS ......................................................................................... 24 ARTICLE 21: RETIREMENT PROGRAM ............................................................................ 25 ARTICLE 22: EMPLOYEE HEALTH AND WELFARE BENEFIT PROGRAM .............. 28 ARTICLE 23: DISCIPLINARY APPEAL PROCEDURE………………………………... 32 ARTICLE 24: TERM ................................................................................................................ 33 ARTICLE 25: ENTIRE AGREEMENT .................................................................................. 34

EXHIBIT “A” - SCHEDULE OF WAGE RATES
EXHIBIT “B” - JOB DEFINITIONS
EXHIBIT “C” - PERFORMANCE STANDARDS
EXHIBIT “D” - REIMBURSEMENT OF HIRING AND TRAINING EXPENSES EXHIBIT “E” - SUBSTANCE ABUSE POLICY

Packet Pg. 670
Attachment: ^RPOA MOU Final Version with Exhibits (9.15(b)--RPOA Successor MOU) 2 MEMORANDUM OF UNDERSTANDING

THIS MEMORANDUM OF UNDERSTANDING, made and entered into this 26th day of June, 1974, by and between the designated representatives of the CITY OF REDDING (a public agency as defined in Section 3501(c) of Chapter 10 of Division 4 of Title 1 of the Government Code of the State of California), hereinafter referred to as the City, and the designated representatives of the Redding Peace Officers Association (a recognized employee Association as defined in Section 3501(b) of Chapter 10 of Division 4 of Title 1 of the Government Code of the State of California), hereinafter referred to as Association;

W I T N E S S E T H:

WHEREAS, the parties hereto desire to facilitate the peaceful adjustment of differences that may from time to time arise between them, to promote harmony and efficiency to the end that the City, the Association and the general public may benefit therefrom, and to establish fair and equitable wages, hours and working conditions for certain hereinafter designated employees of the City;

NOW, THEREFORE, the parties hereto do agree as follows:

ARTICLE 1: PREAMBLE

1.1 The parties acknowledge the provisions of Chapter 10 (Subsection 3500, et. seq.) of Division 4 of Title 1 of the Government Code of the State of California.

1.2 It is the policy of the City and the Association not to, and neither party will, interfere with, intimidate, restrain, coerce or discriminate against any employee because of race, color, sex, sexual orientation, citizenship status, marital status , ethnicity, age (for people 40 and older), religion, gender identity, gender expression, genetic information, national origin and ancestry, political affiliation, creed, military or veteran status, physical disability, mental disability, medical condition or any other characteristic protected by state or federal law.

1.3 The City is engaged in rendering services to the public and the City and the Association recognize their mutual obligation for the continuous rendition and availability of such services.

1.4 The duties performed by employees of the City as part of their employment pertain to and are essential to the operation of a municipality and the welfare of the public dependent thereon. During the term of this Memorandum of Understanding, employees shall not partially or totally abstain from the performance of their duties for the City. The Association shall not call upon or authorize employees individually or collectively to engage in such activities and shall make a reasonable effort under the circumstances to dissuade employees from engaging in such activities.

Those employees who do individually or collectively, partially or totally abstain from the performance of their duties for the City shall be subject to disciplinary action up to and incl uding discharge from employment without recourse.

Packet Pg. 671
Attachment: ^RPOA MOU Final Version with Exhibits (9.15(b)--RPOA Successor MOU) 3 1.5 City employees shall perform loyal and efficient work and service and shall use their influence and best efforts to protect the properties of the City and its service to the public and shall cooperate in promoting and advancing the welfare of the City and in preserving the continuity of its service to the public at all times.

1.6 The City and the Association shall cooperate in promoting harmony and efficiency among City employees. The parties have m et and conferred in good faith and have reached agreement on procedures set forth in this Memorandum of Understanding for resolution of disputes between the parties. The Association agrees that it will follow the procedures as set forth in this Memorandum of Understanding or the bargaining process required by the Meyers -Milias-Brown Act and will make every effort to persuade its members to also use the established procedures, rather than to use any other method or forum such as appeals directly to the news media or the City Council for resolution of problems or disputes arising out of this Memorandum of Understanding.

1.7 Notwithstanding anything to the contrary, the Redding Peace Officers Association recognizes and accepts the right of City of Redding management to manage the City. It is agreed by the parties to this Memorandum that management rights include, by way of illustration and not by way of limitation, the following: (a) the full and exclusive control of the management of the City; (b) the su pervision of all operations, methods, processes and means of performing any and all work, the control of the property and the composition, assignment, direction and determination of the size of its working forces; (c) the right to determine the work to be done by employees; (d) the right to change or introduce new or improved operations, methods, means or facilities; and (e) the right to hire, schedule, promote, demote, transfer, release and lay off employees and the right to suspend, discipline and dischar ge employees and otherwise to maintain an orderly, effective and efficient operation. The parties acknowledge that the foregoing management rights are subject to any provisions of this Memorandum of Understanding which specifically modify or limit management’s exercise of the foregoing rights, and except as these rights have been so modified herein, they shall not be subject to the grievance procedure.

1.8 The schedule and staffing plan for the Field Operations Unit provides for a four (4) day work week with ten (10) hour working days at regular time. It is recognized that management has the right to schedule employees and to determine the staffing plan; however, a specific exception shall apply exclusively to the reversion to a five (5) day work week wi th eight (8) hour working days in that this reversion shall be subject to the meet-and-confer process as provided for by the Meyers-Milias-Brown Act and this agreement.

ARTICLE 2: RECOGNITION

2.1 The City recognizes the Association as the “Majority Representative” of all employees of the City Police Department who hold a classification listed on Exhibit “A” of this Memorandum of Understanding. The provisions of this Memorandum of Understanding hereinafter set forth shall apply only to those employees of the City of Redding for whom the Redding Peace Officers Association is the established majority representative.

Packet Pg. 672
Attachment: ^RPOA MOU Final Version with Exhibits (9.15(b)--RPOA Successor MOU) 4 2.2 Official representatives of the Association will be permitted access to City property to confer with City employees on matters of employer-employee relations, but such representatives shall not interfere with work in progress without agreement of Management.

2.3 The City will provide the Association adequate bulletin board space for the purpose of posting thereon matters relating to official Association business.

2.4 The City and the Association will not interfere with, intimidate, restrain, coerce or discriminate against any employee because of the employee’s membership or non-membership in the Association or his activity on behalf of the Association.

2.5 Any employee, at the employee’s request, shall be permitted representation by an Association representative on any grievance or disciplinary matter. In particular, the parties acknowledge the provisions of California Government Code Section 3300 et.seq. as it exists or may be subsequently amended by the California Legislature.

2.6 Joint Association-Management meetings shall be held as often as agreed upon by the Association and Management. The purpos e of these meetings shall be to promote harmony and efficiency and to improve communications between employees and all levels of management. The meeting agenda shall be determined by those in attendance and there shall be no restrictions on the subject matter, provided the meetings shall not substitute for normal grievance procedures or for formal negotiations between the parties. Those in attendance shall consist of the Association’s Negotiating Committee and the City’s Police Chief, the City’s Personnel Director and such other management personnel as determined by the Personnel Director. The meetings shall be summarized in written minutes. Except that the provisions of this section shall be observed, the meetings shall be self-organizing.

ARTICLE 3: ASSOCIATION SECURITY

3.1 The City shall deduct from their wages the regular membership dues of employees who are members of the Association and who individually and voluntarily authorize such deductions in writing in accordance with the provisions of Section 1157.3 of the Government Code of the State of California.

3.2 Deductions shall be made from each payroll period and a check for the total deductions shall be submitted to the Treasurer of the Association within five (5) working days of the date the dues are withheld from the employee’s check or by Electronic Fund Transfer to a bank designated by the Association. Deductions may include individual insurance and benefit programs.

3.3 The Association shall notify the City of any employee who has given the Association written authorization for deduction of any Association dues or fees. The Association certifies that it shall collect and will maintain records of individual employee authorizations for deductions of said dues or fees. The Association agrees to notify the City of any changes in employee authorizations to deduct Association dues or fees. The City shall rely on the Association’s certification of any dues and fees authorized by an employee and will not require the Association to provide a copy of the employee’s authorization unless a dispute arises about the existence of Packet Pg. 673
Attachment: ^RPOA MOU Final Version with Exhibits (9.15(b)--RPOA Successor MOU) 5 terms of the authorization. Any inquiries by employees regarding Association dues or fees should be directed to the Association.

3.4 The City shall provide all new employees with the Association membership application forms, payroll deduction authorization forms, and a copy of this Memorandum of Understanding before the end of the first pay period. Such materials will be furnished to the City by the Association.

3.5 Indemnity and Refund - The Association shall file with the City an Indemnity Statement wherein the Association shall indemnify, defend and hold the City harmless against any claim made and against any suit initiated a gainst the City on account of Association dues check off or premiums for benefits. In addition, the Association shall refund to the City any amounts paid to it in error upon presentation of supporting evidence.

3.6 In the event that any provision of th is article is declared by a court of competent jurisdiction to be illegal or unenforceable, the parties agree that the City will cease abiding by such provisions.

ARTICLE 4: GRIEVANCE PROCEDURE

4.1 A grievance is any dispute which may arise between the Association or any of its members and the City, with respect to the interpretation or application of any of the terms of this Memorandum of Understanding, except for the following matters that are excluded from the definition of a grievance:

• Matters that are included in the definition of impasse as set forth in City Resolution No. 2012-091; and
• Matters involving disciplinary actions that are subject to Article 23 (Disciplinary Appeal Procedure) of this Memorandum of Understanding.

. The “Grievant” shall be the individual or individuals bringing the grievance or may be the Association if the grievance is brought by the Association . Every employee designated by the City to hear the grievance of a subordinate shall have the authority to settle that grievance.

Whenever the term work day or working day is used in this article, it shall mean any day that City Hall is open to the public.

Step 1: The initial step in the resolution of a grievance shall be a discussion between the Grievant and the immediate Management Supervisor directly involved, who will answer within ten (10) work days. This step shall be started within thirty (30) calendar days of the date of the action complained of or the date the grievant became aware of the incident which is the basis for the grievance. This step may be taken during the working hours of an employee.

Step 2: If a grievance is not resolved in Step 1, the next step shall be the presentation of the grievance, in writing, to the Chief of Police, who will answer, in writing, within ten (10) work days. This step shall be taken within ten (10) work days of the date of the immediate supervisor’s answer to Step 1.

Packet Pg. 674
Attachment: ^RPOA MOU Final Version with Exhibits (9.15(b)--RPOA Successor MOU) 6 Step 3: If a grievance is not resolved in Step 2, the next step shall be the presentation of the grievance, in writing, to the City’s designated labor relations representative, who shall conduct an investigation and attempt to resolve the grievance. If no resolution of the grievance is achieved, the City’s designated labor relat ions representative shall provide the Grievant with the City’s answer to the grievance in writing. This step shall be taken within ten (10) work days of the date of the Chief of Police’s answer to Step 2.

Step 4: If the grievance is not resolved in the S tep 3, the next step shall be the presentation of the grievance, in writing, to the City Manager or designee, who shall answer, in writing, within ten (10) work days. This step shall be taken within ten (10) work days of the date of the answer to Step 3.

Step 5: If a grievance is not resolved at Step 4 of this procedure, the next step shall be referral by the Grievant to arbitration. A request by the Grievant to proceed to arbitration shall be submitted to the City Manager within twenty (20) work days of the date of the answer at Step 4. After a request for arbitration is made in a timely fashion by the Grievant, the parties may mutually agree to stay the arbitration proceedings at any point in time to refer the matter to mediation through the California State Mediation and Conciliation Service (SMCS).

(a) An Arbitrator shall be appointed on each occasion that a grievance is submitted to arbitration. The arbitrator shall be chosen by mutual agreement of the City and the Grievant. In the event that City and the Grievant or their representatives are unable to agree on the selection of an Arbitrator, within five (5) working days of the City’s receipt of a request by the Grievant to submit a grievance to arbitration, the City will solicit a list of seven (7 ) arbitrators from SMCS. A copy of such list shall be forwarded to the Grievant’s representative .

The parties agree to act expeditiously in the selection of an arbitrator. If the Grievant and the City fail to reach mutual agreement on the selection of an arbitrator based on the SMCS list, each party’s representative shall meet and alternately strike a name from the SMCS list of arbitrators.. The first party to strike a name shall be determined by lot. The costs of arbitration shall be borne equally by the City and the Grievant. The City and the Grievant shall pay the compensation and expenses for their respective witnesses. At the Grievant’s request, the City shall release employees from duty to participate in arbitration proceedings.

(b) The Arbitrator shall hold such hearings and shall consider such evidence as to the Arbitrator appears necessary and proper. The decision of the Arbitrator shall be final and binding on City and the Grievant, provided that such decision does not in any way add to, disre gard or modify any of the provisions of City policies, resolutions or ordinances.

4.2 Failure by the Grievant to meet any of the aforementioned time limits as set forth in Steps 1, 2, 3, 4, and 5 will result in forfeiture of the grievance. If the City f ails to answer a grievance on a timely basis, the grievance may be advanced to the next step. Except, however, that Packet Pg. 675
Attachment: ^RPOA MOU Final Version with Exhibits (9.15(b)--RPOA Successor MOU) 7 the aforementioned time limits may be extended by mutual agreement. Grievances settled by forfeiture shall not bind either party to an inte rpretation of City policies, practices, resolutions or ordinances, nor shall such settlements be cited by either party as evidence in the settlement of subsequent grievances.

4.3 Notwithstanding the aforementioned procedure, any individual employee shall have the right to present grievances to the City and to have such grievances adjusted without the intervention of the Association, provided that the adjustment shall not be inconsistent with this Memorandum of Understanding, and further, provided that the Association shall be given an opportunity to be present at such adjustment.

ARTICLE 5: SAFETY

5.1 The City Council desires to maintain a safe place of employment for City employees and to that end City management shall make all reasonable provisions necessary for the safety of employees in the performance of their work.

5.2 Regular meetings will be held on all jobs to plan the job and emphasize safety in its performance.

5.3 Regular safety meetings will be held once every two (2) months for the purpose of reviewing accidents and preventing their recurrence, eliminating hazardous conditions and familiarizing employees with safe work procedures and applicable State Safety Orders and for training in first aid. The Association may request no more than six (6) safety meetings in a calendar year to discuss unsafe working conditions. The City shall accommodate such requests.

ARTICLE 6: DISABILITY AND UNEMPLOYMENT

6.1 An employee who is absent by reason of industrial disability may be returned to work by the City and given temporary light duties within the employee’s ability to perform, with the consent of the employee’s physician. The duration of any such period of temporary work shall be determined by the City. Such employee shall be compensated at the then current rate of pay of the employee’s regular classification while engaged in such temporary duties. The City may require an employee requesting to return to work after an absence caused by disability or illness to submit to a medical examination by a physician or physicians approved by the City for the purpose of determining that such employee is physically and mentally fit and able to perform the duties of the employee’s position without hazard to the employee, to the employee’s fellow employees or to the employee’s own permanent health.

6.2 Vacation and sick leave shall be accrued and group health and welfare insurance coverage shall be maintained while a Regular empl oyee is absent from work as a result of a job related disability and receiving Workers’ Compensation temporary disability compensation as set forth in Section 4850 of the Labor Code of the State of California for the period of such disability, but not exce eding one (1) year. Employees who are not entitled to the benefits as set forth in Section 4850 of the Labor Code of the State of California, but who are receiving Workers’ Compensation temporary disability benefits, may, nevertheless, at their option, maintain their group health and welfare insurance coverage during the period in which they are receiving temporary Packet Pg. 676
Attachment: ^RPOA MOU Final Version with Exhibits (9.15(b)--RPOA Successor MOU) 8 disability compensation for up to a maximum of a cumulative total of five (5) years, which includes one (1) year of 4850 paid time, providing the employee pays his or her share of the monthly premium to the City of Redding on or before the first day of the month for which the premium is intended. Holidays which occur during the period for which any employee is receiving temporary disability compensation shall not be recognized by such employee for compensation purposes.

ARTICLE 7: EMPLOYEE STATUS

7.1 Employees will be designated as Regular or full time temporary depending upon the purpose for which they are hired and their length of continuous service with the City.

7.2 (a) A Regular employee (Status 3) is an employee hired for a full time position that has been regularly established as an authorized position and is of indeterminate duration. A Regular employee shall receive not less than the minimum rate for the job and shall be eligible for sick leave pay, vacation pay, holiday pay, retirement plan participation, health and welfare insurance coverage and items of a similar nature as the employee becomes eligible. Employees shall serve a probationary period upon initial appointment as follows:

Lateral Police Officer One Year (12 months)
Entry Level Police Officer One and one-half years (18 months) Police Recruit While attending Police Academy training. Upon successful completion of Police Academy training, a Police Recruit will be reclassified to Police Officer and the employee will, at that time, begin to serve the designated probationary period for Entry Level Police Officer.

An employee’s probatio nary period shall be extended by the duration of any paid or unpaid absence of two (2) or more consecutive pay periods.

7.2 (b) A probationary period may also be extended at the discretion of City management for a period not to exceed six (6) months for the purpose of enabling a more extensive review and evaluation of a probationary employee prior to the employee attaining permanent status.

A probationary employee shall be notified in writing of such an extension not less than ten (10) working days prior to the expiration of the probationary period.

7.2 (c) A Regular City employee who transfers to the Police Department as a sworn officer will begin a new probationary period as outlined in this section. However, for the purposes of seniority within the Police Department, seniority will start at the time of appointment. All other benefits shall be calculated based upon total City time, with the exception of the selection of watch, days off and vacation scheduling or as otherwise outlined in this Agreement.

7.2 (d) Employees serving their initial probationary period shall not be eligible for leave of absence, funeral leave for non-immediate family members, or items of a similar nature.

7.3 A full time temporary (Status 7) employee is defined as an employee hired for occasional or seasonal work for a period not to exceed six (6) months or one thousand (1,000) hours per fiscal year, whichever comes first. A full time temporary employee shall receive not less than the minimum rate for the job but shall not be eligible for sick leave pay, holiday pay, vacation pay, Packet Pg. 677
Attachment: ^RPOA MOU Final Version with Exhibits (9.15(b)--RPOA Successor MOU) 9 health and welfare insurance coverage, retirement plan participation or items of a similar nature, nor shall he accrue seniority or promotion and transfer rights or leave of absence rights. If a full time temporary employee is reclassified to Regular status, the employee shall serve a new probationary period as outlined in Article 7.2(a), and shall be credited with all continuous service in determining eligibility for such benefits as may accrue to the employee in his or her new status.

7.4 A Temporary employee (Status 9) is defined as a retired annuitant appointed by the City either during an emergency to prevent stoppage of public business or because the retired person has specialized sk ills needed in performing work of limited duration for a period not to exceed 960 hours in a fiscal year in accordance with the terms and conditions of Government Code section 21224. In accordance with Section 21224, the compensation for the Temporary Employee shall not exceed the maximum monthly base salary paid to other employees performing comparable duties as listed on a publicly available pay schedule divided by 173.333 to equal an hourly rate, and such Temporary Employee shall not receive any benefit, incentive, compensation in lieu of benefits, or other form of compensation in addition to the hourly pay rate. The City may employ one part- time retired annuitant in the Detective Division as needed and one part-time retired annuitant in the Field Operations Division as needed. Any additional retired annuitants would have to be agreed upon by the parties in a separate side letter to this agreement.

7.5 All promotional appointments to the classifications of Police Corporal will be probationary for one full year. If the probationary period is not successfully completed, the person shall return to the classification from which they were promoted; provided however that such return rights do not apply to an employee who was discharged for cause while serving a probationary period. In such case such employee shall have the right to appeal the discharge through the grievance procedure (Article 4).

7.6 An employee returning to City service in a position in this unit, who had attained at least step four of the salary range prior to the period of separation, may be placed at a higher step in the salary range at the discretion of the Chief of Police.

ARTICLE 8: WAGES AND CLASSIFICATIONS

8.1(a) Employees shall be paid the wage established for their classification. Upon initial appointment to a classification, an employee shall normally be paid the lowest wage rate for that classification. An employee may, however, be paid a wage rate above the lowest wage rat e if circumstances justify it. Step increases will be granted as follows: After twenty-six (26) full pay periods of employment at Salary Step 1 and with an overall satisfactory or above performance rating, an employee will be advanced to Salary Step 2. After twenty -six (26) full pay periods of employment at each subsequent salary step with an overall satisfactory or above work performance, an employee will be advanced to the next higher step.

The effective date of promotion to a new classification or advancement to a higher wage step shall be the first day of the pay period following qualification for the promotion or advancement to a higher wage step. Effective March 3, 2021, any future promotion or change in assignment to a higher paid classificatio n pursuant to Section 11.1, does not change the anniversary date for Compensation Step increases.

Packet Pg. 678
Attachment: ^RPOA MOU Final Version with Exhibits (9.15(b)--RPOA Successor MOU) 10 8.1(b) Should a Police Officer wish to appeal a denial of a step increase, the officer may do so by submitting an appeal (1) to the Chief of Police, and if not resolved, (2) to an advisory committee comprised of two (2) representatives designated by the Association and one (1) representative designated by Police management. The committee will consider the appeal and make an advisory recommendation to the City Manager whose decision will be final. Such appeal must be made within thirty (30) days of the date of denial of the merit increase.

8.2 Wages shall be paid at bi-weekly intervals on Thursdays for a pay period ending no earlier than the preceding Saturday. If a payday falls on a holiday, payment shall be made on the preceding workday. All employees hired after March 12, 2006, must make arrangements to have their pay deposited to a bank account via electronic transfer.

8.3(a) When an employee is temporarily assigned to work in a classification higher than the employee’s regular classification, the employee shall be paid at the rate established for the higher classification, with a minimum of four (4) hours and time computed to the next full hour, except when the work is performed outside of the regular work hours and the duration is less than four (4) hours. When an employee is temporarily assigned to work in a higher classification which has a wage range overlapping the wage range of the employee’s regular classification, the employee shall be paid at the wage rate of the classification to which the employee is temporarily assigned, which is next higher to the employee’s present wage rate, but not more than the top wage rate of the temporary classification.

8.3(b) When assigned by the Department a Police Corporal shall be granted a 5% upgrade when performing higher duties to replace an absent Police Sergeant and when performing a substantial majority of the Sergeant’s duties for a full work day.

8.4 When an employee is temporarily assigned to work in a classification lower than the employee’s regular classification, the rate of pay will not be reduced.

8.5 Attached hereto and made a part hereof is Exhibits “A” entitled “Schedule of Wage Rates.”

8.6 Attached hereto and made a part hereof is Exhibit “B” entitled “Job Definitions.”

8.7(a) Shift differential shall be paid to employees, including those employees assigned to Police Detective Division, for regular hours worked and court duty when at least 50% of the employee’s regularly assigned hours fall within the following shifts:

WATCH HOURS PAY

PERCENTAGE
I (Graveyard) 2030 hours-0630 hours 5%
II (Days) 0600 hours-1600 hours 0
IIIA (Swing) 1400 hours-2400 hours 3.5%
1600 hours-0200 hours 3.5%
IIIB (Swing) 1700 hours-0300 hours 5%
1800 hours-0400 hours 5%

Note: An officer directly involved in an Officer Involved Shooting Incident (OIS) or Packet Pg. 679
Attachment: ^RPOA MOU Final Version with Exhibits (9.15(b)--RPOA Successor MOU) 11 in an in-custody death/major injury investigation, who is subsequently placed on paid administrative leave by the Chief of Police as a result, shall be paid shift differential during the administrative leave period. The shift differential amount will reflect the shift the Officer was assigned to during the time of the incident.

8.7(b) POST and educational incentives shall be paid to those employees who qualify as follows, with a 12.5% incentive pay cap for both POST/educational incentives in this section and Bilingual pay incentives in Section 8.8 below (not including the $130 education incentive pay ):

PAY REQUIREMENTS

2.5% Plus $130 Associate of Arts or Science degree, or sixty (60) semester units, or a POST Intermediate Certificate.

5.0% Plus $130 POST Advanced Certificate.

2.5% Plus $130* Bachelor of Arts or Science degree.

2.5% Plus $130* Master of Arts or Science degree.

The annual additional educational incentive shall be $130 to be paid in equally divided installments with the City’s regular bi-weekly payroll processing. The additional education incentive will be added to any one (1) educational incentive pay.

8.8 Bilingual pay shall be paid to qualified employees who have been designated by the Chief of Police, or designee, to utilize bilingual skills (including sign language) as follows:

PAY REQUIREMENTS

2.5% Proficient

5.0% Fluent

The Redding Police Department will designate the languages recognized as eligible for the incentive pay and will develop revised testing processes. The Chief of Police will determine the number of employees at the “fluent” level.

8.9 Temporary upgrade pay in the amount of five percent (5%) over base pay shall be paid to those employees assigned by the Chief of Police, via a Personnel Order, for the time spent actually performing designated specialty assignment functions. Examples of these assignments include the following: crowd control, defensive tactics, bomb disposal, field evidence, field training officer, hostage negotiator, honor guard, range master, SWAT, armorer, certified department instructor, i.e., first aid, force options, TASER, Unmanned Ariel Vehicle (UAV), etc.

Assignments not mentioned above shall require the advance approval of the Personnel Director.

Packet Pg. 680
Attachment: ^RPOA MOU Final Version with Exhibits (9.15(b)--RPOA Successor MOU) 12 ARTICLE 9: HOURS AND OVERTIME

9.1 All Regular employees will receive full time employment for each workweek employed, provided they report for duty and are capable of performing their work. This is not to be interpreted that the City does not retain the right to lay off or release employees on account of lack of work or other valid reason at the end of the work week.

9.2 Each employee shall report for work at the employee’s regularly established headquarters and shall return thereto at the conclusion of the day’s work and the time spent in traveling between such headquarters and the job site shall be considered as time worked.

9.3(a) Pursuant to Section 7(k) of the Fair Labor Standards Act (FLSA), the City has designated a 14 -day work period where overtime is required to be paid for any hours worked over 86 hours within the work period. Notwithstanding this Section 7(k) FLSA work period, the City has also agreed to provide MOU overtime pay to employees as provided in Section 9.4 and where otherwise expressly noted in this agreement.

Employees will be assigned work sch edules
consistent with department needs, which include the following work schedules:

• Eight (8) hour shifts, which constitute of five 8-hour workdays in a 7-day work period;

• Ten (10) hour shifts, which constitute four 10-hour workdays in a 7-day work period; and

• Twelve and a half (12.5) hour shifts, which constitute six 12.5-hour workdays in a 14-day work period with an additional 10-hour shift every other 14-day work period.

9.3(b) Police Officers assigned to Field Op erations shall select watch and d ays off by seniority with the Department. Seniority, for the purpose of this Article, will be defined as time in classification. Police Corporals shall also select watch and days off by time in classification. Shift rotation will be scheduled every four (4) months beginning the first day of the pay period closest to January 1, May 1, and September 1. Police Officers and Police Corporals may be assigned to days off and a watch based on Departmental needs and/or administrative adjustments. As much notice as is practical will be provided when making assignments based upon Departmental needs and/or administrative adjustments. Any administrative adjustment in assignment made after completion of a watch sign up shall not give an employee the right to bump for another watch, a change in days off, or vacation.

(1) Selection of a watch and days off, by Specialists, shall be conducted in the following manner:

a) K-9 Specialists shall select a watch and days off from those slots which have been scheduled by the Depart ment based on consecutive seniority as a K -9 Specialist.

No more than one K-9 Specialist shall be on the same watch unless authorized by the Chief of Police. K -9 Specialists may be assigned to a specific watch and days off based on Department needs, administrative adjustments, or at the discretion of the Chief of Police, regardless of the reason.

Packet Pg. 681
Attachment: ^RPOA MOU Final Version with Exhibits (9.15(b)--RPOA Successor MOU) 13 b) Traffic Specialists shall select a watch and days off from those slots which have been scheduled by the Department. Selection shall be based on consecutive seniority as a Traffic Specialist. Traffic Specialists shall rotate between Watch II and Watch III as often as is practical.

c) DUI Specialists shall remain on special assigned watches.

d) Other Specialists shall be assigned as determined by the needs of the Department.

9.4 MOU Overtime is defined as:

A Time worked in excess of forty (40) hours in a workweek for an employee who has supervisor approval to work a flexible schedule pursuant to Article 9.9.

B Time worked in excess of eight (8), ten (10), or twelve and a half (12.5) hours as applicable on a scheduled workday of the employees’ assigned work schedule , except when an employee has supervisor approval to work a flexible schedule pursuant to Article 9.9.

C Time worked on a non-workday.

D Time worked on a holiday (as provided in Article 17 of this MOU).

Overtime shall be computed to the nearest one-quarter (1/4) hour. Time worked as defined in (A) or (C) above as a result of a shift change shall not be regarded as overtime for compensation purposes.

9.5(a) Overtime. Overtime compensation shall be paid at a rate equivalent to one and one-half (1½) times the regular rate of pay or, at the employee’s option (except for time worked on a holiday as provided in Article 17 of this MOU), the employee may elect to receive compensatory time off (CTO) with pay at the rate of one and one- half (1 ½) hours off for each overtime hour worked.

Regular Rate of Pay. Items included in determining the regular rate of pay for purposes of calculating overtime, retirement and other regular pay calculations (i.e., holiday pay) shall include the pay rate as established in the pay range by the employee’s classification, POST/education incentive pay, bilingual pay incentive, and shift differential pay, as applicable to each individual employee covered under this MOU.

9.5(b) Employees who request CTO with seventy-two (72) hours advance notice will have their request approved as long as staffing does not drop more than one (1) below established minimum staffing levels. For CTO requests that would cause staffing to drop more than one (1) below minimum staffing, it shall be the employee’s responsibility to arrange for the employee’s coverage. Requests for CTO without seventy-two (72) hours advance notice shall be considered for approval, taking into consideration operational needs, and the Supervisor shall have the discretion to approve or deny such request. A manpower shortage occurring after a request has been approved shall not cause an approval to be rescinded. Requests for CTO will be granted on a first-come, first- served basis and shall consist of no more than forty (40) consecutive hours per request.

9.5(c) Other forms of time off, such as injury, illness or vacation, which cause the shift to be at or below minimum staffing levels, shall not be a consideration when granting CTO. At least one officer will be allowed to take CTO when staffing is below shift minimum.

Packet Pg. 682
Attachment: ^RPOA MOU Final Version with Exhibits (9.15(b)--RPOA Successor MOU) 14 9.5(d) The maximum CTO available for any employee at any time shall be limited to the maximum allowable CTO accumulation pursuant to the Federal Fair Labor Standards Act. In the event overtime is worked when an employee has the maximum accumulation of CTO , four hundred eighty (480) hours, the employee shall be paid for the overtime worked as set forth above.

9.5(e) Employees whose employment with the City is terminated for any reason shall, at the time of termination, receive any unused CTO previously earned.

9.6(a) If an employee performs overtime work immediately following the end of the employee’s regular shift, the employee shall be paid overtime compensation only for the actual time worked.

9.6(b) Except in the circumstances outlined below, employees who are required to report for work on their non- workdays or on holidays they are entitled to have off, or outside of their regular hours on workdays, shall be paid overtime compensation for the actual time worked, but in no event for less than three (3) hours’ compensation.

9.6(c) Employees who are required to report for court duty on their non- workdays, a scheduled day off, or on holidays they are entitled to have off shall be paid overtime compensation for the actual time worked, but in no event for less than four (4) hours’ compensation. If an employee is required to report to court on the same day for the same subpoena following an appearance on that subpoena prior to 1200 hours the employee will be paid actual overtime worked for that subsequent appearance in addition to the minimum overtime compensation paid for the morning appearance. On multiple subpoenas for the same day employees will be allowed only one minimum overtime claim before 1200 hours and one minimum overtime claim after 1200 hours.

9.6(d) If an employee is called to work one (1) hour or less before the employee’ s regular hours were scheduled to begin on a workday and continues to work into the employee’s regular hours, the employee shall be paid overtime compensation only for the actual time worked.

Conversely, if an employee is called in to work more than one (1) hour before the employee’s regular work hours were scheduled to begin, the employee shall receive the minimum overtime compensation outlined above. Employees who receive a subpoena for a scheduled or normal work day may be granted that off utilizing CTO, vacation, birthday, or deferred time after the subpoena has been served. In this case, court appearance during normally scheduled work hours shall be compensated at straight time and the balance of the employee’s shift shall be paid out of the appropriate paid leave. If the court appearance is subsequently cancelled, leave time only will be utilized.

9.6(e) Notwithstanding the foregoing, and subject to man- power availability, an employee who is called for such work outside of the employee’s regular work hours on a scheduled work day, may upon mutual agreement between the shift supervisor and employee, begin and end a shift early or late.

9.7 Overtime shall be distributed as equally as is practicable among those employees who are qualified and available and who volunteer for overtime work and the City shall not require employees who have worked overtime to take equivalent time off during a workday without pay.

Packet Pg. 683
Attachment: ^RPOA MOU Final Version with Exhibits (9.15(b)--RPOA Successor MOU) 15 9.8 If an employee has received a subpoena for court appearance and the subpoena is subsequently cancelled, the employee shall receive compensation as outlined in Section 9.6 of this contract if the City has not made notice of the cancellation available to the employee by 1800 hours the day preceding the court appearance if such appearance i s on the employee’s scheduled work day, or by 1800 hours two days preceding the court appearance if such appearance is on the employee’s non-workday or on a holiday the employee is entitled to have off.

9.9 Detective Division.

a. Flexible Work Schedule.

As an exception to Article 9.3(a), employees assigned to the Detective Division, with the approval of their supervisor, may opt to work a flexible work schedule of forty (40) hours in seven (7) calendar days, Sunday through Saturday.

b. Overtime Calculation.

As an exception to Article 9.4, employees working a flexible work schedule will be paid overtime for hours worked in excess of forty (40) in a work week of seven (7) calendar days, Sunday through Saturday. Paid leave shall count toward the overtime calculation.

9.10 Canine Officers spend an average of thirty (30) minutes per day (3.5 hours per week) in the required routine care and maintenance of their police dogs (e.g., feeding, grooming, exercising and kennel cleaning). Canine Officers shall receive additional compensation for the required care and maintenance of their police dogs at time and one -half the “Canine Care and Maintenance” hourly rate combined with the Canine Officers’ POST/Educational incentives.

Example: [(Canine Care and Maint enance hourly pay in Exhibit A + Education Incentive %) *

1.5] /2 = Rate for 30 minutes per day.

Whenever it becomes necessary for the Canine Officer to perform extraordinary care and maintenance service with their police dog beyond thirty (30) minutes pe r day, with prior City approval, the Canine Officer shall receive additional compensation at time and one -half the Canine Care and Maintenance hourly rate combined with the Canine Officers’ POST/Educational incentives for all time spent performing such extraordinary care and maintenance services. This compensation shall be in addition to the Canine Officer’s thirty (30) minutes of daily compensation for the required routine care and maintenance of their police dog.

The compensation provided pursuant to this section does not include veterinarian fees, feed or other reimbursable expenses for upkeep of the animal.

Per California Code of Regulations (2 CCR section 571(b)), Canine incentive pay performed outside of normal hours/days of employment will not be reported as special compensation to CalPERS.

9.11 Assigned motorcycle officers are not required to care, clean or maintain their assigned motorcycle while off-duty and shall engage in such duties during on-duty hours.

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Attachment: ^RPOA MOU Final Version with Exhibits (9.15(b)--RPOA Successor MOU) 16 ARTICLE 10: CITY SENIORITY

10.1 Seniority is defined as total length of continuous service with the City. In determining an employee’s seniority, the continuity of this service will be deemed to be broken by termination of employment by reason of ( 1) resignation, (2) discharge for cause, (3) layoff, (4) failure to return immediately on the expiration of a leave of absence or acceptance of other full time employment while on leave, and (5) absence without pay, without a leave of absence, in excess of three (3) workdays. Continuity of service will not be broken and seniority will accrue when an employee is (a) inducted, enlists or is called to active duty in the Armed Forces of the United States or service in the Merchant Marine or under any Act of Congress which provides that the employee is entitled to reemployment rights, (b) on duty with the National Guard, (c) absent due to industrial injury, or (d) on leave of absence. Seniority, as defined in this section, does not apply to preference for selection of watch, days off, or vacation scheduling.

ARTICLE 11: PROMOTION AND TRANSFER

11.1 All promotions and transfers shall be in accordance with standards and procedures as determined by the City.

11.2 Promotional lists will have a minimum life of one year and a maximum life of two years.

ARTICLE 12: DEMOTION AND LAYOFF

12.1 When it becomes necessary for the City to lay off Regular employees, the City will give employees involved as much notice as possible, but in no event will such employees receive less than two (2) weeks’ notice of layoff. Where probationary or temporary employees are to be laid off, no notice of layoff need be given. Within each clas sification, all employees, other than Regular employees, shall be laid off prior to Regular employees being laid off. Employees serving an initial probationary period will be laid off prior to employees who have completed such period.

Regular employees shall be laid off in the reverse order of seniority in the classification with the least senior employee being laid off first. Whenever two or more Regular employees in the same class have the same amount of class seniority, ties will be broken by giving greater preference to the employee with greater department seniority. If the tie is still unresolved, the tie shall be broken by giving greater preference to the employee with greater City seniority. If the tie is still unresolved, the tie shall be broken by lot.

12.2 An employee who has been laid off may elect to displace an employee in a lower paid class in the bargaining unit provided the employee has greater combined seniority than the employee to be displaced, calculated by adding seniority in the laid-off class to seniority in the lower-paid class. Whenever an employee demotes to a lower -paid class, the employee shall be placed on the salary step which has the closest wage rate to the employee’s previous wage rate.

12.3 Laid-off employees shall be kept on a reemployment list for a period of two (2) years from the date of layoff and shall have preferential rehire rights to the class from which the employee was laid off in the reverse order of layoff. Whenever it becomes necessary for the City to Packet Pg. 685
Attachment: ^RPOA MOU Final Version with Exhibits (9.15(b)--RPOA Successor MOU) 17 notify a laid-off-employee of a reemployment opportunity, the City shall do so by use of registered mail to the employee’s last known address as supplied by the employee. Reemployment shall be based upon the laid-off employee’s ability to meet current employment standards. If an employee does not accept reemployment, the employee’s name shall be removed from the reemployment list and the employee shall no longer have reemployment rights. If a laid-off employee is subsequently re-hired off a reemployment list into a classification covered under the terms of this Memorandum of Understanding, the employee’s unpaid sick leave balance, original hire date, and vacation accrual rate will be reinstated.

12.4 Employees who have elected to demote into a lower paying class shall have preferential promotion rights to the class from which they were demoted in the reverse order of demotion. If an employee does not accept an offer of promotion to the class from which the employee was demoted, the employee will lose all preferential rights to re-promotion.

12.5 Sworn departmental management classifications may demote into the bargaining unit provided the above procedures are complied with.

12.6 In the event of potential layoffs, discussions will occur outside of the meet and confer process as to early retirement options that may be available.

ARTICLE 13: LEAVE OF ABSENCE

13.1 Leave of absence may be granted to Regular employees by the City Manager for urgent and substantia l reasons, up to a maximum of one (1) year, providing satisfactory arrangements can be made to perform the employee’s duties without undue interference with the normal routine of work. Inability to return to work after an employee’s sick leave has been exhausted will be considered in accordance with state and federal disability accommodation and leave of absence laws in determining whether to grant the leave of absence.

13.2 A leave of absence will commence on and include the first workday on which the employee is absent and terminates with and includes the workday preceding the day the employee returns to work.

13.3 All applications for leave of absence shall be made in writing except when the employee is unable to do so. The conditions under which an employee will be restored to employment on the termination of leave of absence shall be clearly stated by the City in conjunction with the granting of a leave of absence. Upon an employee’s return to work after a leave of absence, the employee will be reinstated to his or her former position and working conditions, providing that the employee is capable of performing the duties of his or her former position, except that if there has been a reduction of forces or his or her position has been eliminated dur ing said leave, the employee will be returned to the position he or she would be in had he or she not been on a leave of absence.

13.4 An employee’s status as a Regular employee will not be impaired by such leave of absence and the employee’s seniority will accrue.

Packet Pg. 686
Attachment: ^RPOA MOU Final Version with Exhibits (9.15(b)--RPOA Successor MOU) 18 13.5 If an employee fails to return immediately on the expiration of the employee’s leave of absence or if the employee accepts other full time employment while on leave, the employee will thereby forfeit the leave of absence and terminate his or her employment with the City.

13.6 An employee on a leave of absence as provided herein shall not accrue vacation or sick leave benefits nor maintain group health and welfare insurance coverage. An employee may, however, at his or her option and expense, maintain his or her group health and welfare insurance coverage providing the full monthly premium is received by the City Treasurer on or before the first day of the month for which the premium is intended. Notwithstanding the above, however, if the leave of absence is as a result of exhaustion of sick leave benefits, an employee’s group health and welfare insurance may be maintained for up to three (3) calendar months in one twelve month period on the normal premium-sharing formula, providing the employee pays his or her share of the premium on a timely basis.

ARTICLE 14: EXPENSES

14.1 Whenever an employee uses the employee’s personal automobile for the City’s convenience, the employee will be reimbursed therefor at the same rate per mile as established for Unrepresented City employees. Whenever an employee is assigned to travel out -of-town, the employee may chose to drive a City vehicle in lieu of driving their personal vehicle and receiving a mileage reimbursement.

14.2 Employees who have a temporary work assignment at such distance that it is impractical for them to return to their regular place of abode, will be allowed actual personal expenses for board and lodging for the duration of such assignment, provided they board and lodge at places approved by the City. Police Recruit Officers will receive a monthly meal and lodging stipend of $1,800 while attending a POST police training academy in lieu of reimbursement for actual board and lodging expenses. The first and last month’s stipend will be prorated if the Police Recruit does not attend the academy for the full month. The time spent by such employees in traveling to such temporary assignment at its begin ning, to and from home on holidays and weekends and from such temporary assignment at its conclusion and any reasonable expense incurred thereby will be paid by the City.

ARTICLE 15: SICK LEAVE

15.1 Sick leave with pay shall be accumulated for each Regular employee at the rate of forty-six thousandths (.046) of an hour for each regular hour worked or on paid leave. (Accrual rate approximately one (1) day per month, or 3.68 hours per pay period)

15.2 Sick leave shall be allowed for a non-work related absence due to:

A The inability of an employee to be present or perform his or her duties because of personal physical or mental illness, off duty injury or confinement for medical treatment B The ability to attend personal medical or dental appointments, which are impractical to schedule outside of regular working hours.

Packet Pg. 687
Attachment: ^RPOA MOU Final Version with Exhibits (9.15(b)--RPOA Successor MOU) 19 C The need to be present during childbirth, surgery, critical illness or injury involving members of the immediate family as defined in 16.1, for up to forty (40) hours per incident.

D For family sick leave up to forty-eight (48) hours per calendar year for members of the immediate family as defined in 16.1.

No person will be paid both sick leave and industrial injury leave pursuant to Labor Code Section 4850 on the same day; however, in cases of claimed industrial injuries where the City or its insurer is denying liability, accumulated sick leave may be used.

15.3 Management may require satisfactory evidence of illness or disability , if an attendance problem has been identified as defined in the City’s Discipline Policy, before payment for sick leave will be made. The City may also require an employee requesting to return to work after sick leave or leave of absence for medical or psychiatric reasons to submit to an examination by a physician or physicians approved by City for the purpose of determining that such employee is physically or mentally fit and able to perform the duties of his or her former position without hazard to himself or herself or to his or her fellow employees or to his own permanent health. Such examination or examinations shall be at the sole expense of the City, and the employee shall be placed on leave with pay for the purposes of such examination.

15.4 If a holiday which an employee is entitled to have off with pay occurs on a workday during the time an employee is absent on sick leave, he shall receive pay for the holiday as such and it will not be counted as a day of sick leave.

Any employee who, after ten (10) years of continuous service to the City terminates employment, shall be paid at the employer’s regular pay rate for thirty -three and one -third percent (33 1/3%) of the employee’s accumulated sick leave hours. For employees with fifteen (15) years or more but less than twenty (20) years of continuous service, the percentage set forth above shall be increased to forty -five percent (45%). For employees with twenty (20) years or more continuous service, the percentage set forth above shall be inc reased to sixty percent (60%).

15.5 Effective January 1, 2013, upon retirement, any sick leave pay out the employee is eligible to receive will be transferred into the VantageCare Retirement Health Savings Plan on a pre-tax basis. The sick leave pay out amount will be calculated using the percentage levels described in Section 15.4 above. However, if the sick leave payout is less than $5,000, then the Employee is not entitled to participate in the VantageCare Retirement Health Savings Plan and shall receive a cash payout as described in Section 15.4 above. Any sick le ave amount remaining will be used as service credit toward the employee’s retirement benefit through CalPERS, pursuant to the contract between the City of Redding and CalPERS.

15.6 In the event an employee exhausts all paid leave as a result of the employee’s illness or injury, and subject to the approval of the employees Department Director, Personnel Director and the City Manager, such employee may be advanced sick leave from his or her future accruals up to 80 hours per incident. Once the employee returns to duty, sick leave accrual hours will be applied to the negative sick leave account until it is zero. Should the employee terminate City employment with a negative sick leave balance appropriate adjustments will be made to final paid leave cash pay-outs or other City monies owed the employee, if sufficient, otherwise the employee shall Packet Pg. 688
Attachment: ^RPOA MOU Final Version with Exhibits (9.15(b)--RPOA Successor MOU) 20 directly reimburse the City for such advance. Such reimbursement will be waived for employees who are terminally ill or totally disabled (100%).

Redding City CouncilOctober 2, 2023

Redding City Council
October 2, 2023