Agenda packet — Redlands City Council, May 17, 2022 (part 2 of 3)

AMENDMENT #1
TO
CONTRACT #032119-CAT

THIS AMENDMENT is by and between Sourcewell and Caterpillar Inc. (Vendor).

Sourcewell awarded a contract to Vendor for Heavy Construction Equipment with Related Accessories, Attachments, and Supplies effective May 13, 2019, through May 13, 2023 (Contract). Vendor implemented changes to its dealer reporting system and now wishes to modify the Contract to accurately report Administrative Fee payment calculations.

The parties wish to amend the following terms within the Contract:

1. This Amendment is effective upon the date of the last signature below.

2. Any Contract term related to calculation of Administrative Fee that is paid to Sourcewell is deleted and replaced with the following:

“Vendor will pay to Sourcewell an Administration Fee calculated at 0.33% of Caterpillar’s MSRP for each piece of equipment purchased by Sourcewell’s Participating Entities.

Caterpillar will pay the Administration Fee to Sourcewell on a quarterly basis.”

Except as amended above, the Contract remains in full force and effect.

Sourcewell Caterpillar Inc.

B y : B y :

Jeremy Schwartz, Chief Procurement Officer Dawn Zink

D a t e : T i t l e :

Approved: Date:

B y :

Chad Coauette, Executive Director/CEO

D a t e :

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VEHICLE DISPOSITION POINT CHART
UNIT #

DEPARTMENT

DIVISION
ORIGINAL PURCHASE COSTS $ 58,000.00 BLUE BOOK VALUE OF VEHICLE $ 18,500.00 POINTS

ONE POINT FOR EACH YEAR OF CHRONOLOGICAL AGE, BASED ON INSERVICE DATE AGE OF VEHICLE (Months) 312 Months 26
ONE POINT FOR EACH 10,000 MILES OF USE
CURRENT MILEAGE 11,544 Miles/Hours 1
VEHICLE USE: (Type Yes in the field that applies)
Administrative 0 1,3, OR 5 POINTS ARE ASSIGNED BASED ON TYPE OF SEVICE THAT VEHICLE Police Unit 0 RECEIVES.FOR EXAMPLE A POLICE PATROL CAR WOULD BE GIVEN A 5 Fire Vehicle (Battalion Chief Truck, Etc.) 0 BECAUSE IT IS A SEVERE DUTY SERVICE. IN CONTRAST AN ADMINISTRATIVE PW Field Vehicle (Trucks) 0 SEDAN WOULD BE GIVEN A 1.

Equipment x 5
Pool 0
SHOP FREQUENCY PER MONTH (Type Yes in the field that applies) POINTS ARE ASSIGNED AS 1, 3, OR 5 DEPENDING ON THE FREQUENCY THAT A Two or More per Month x 5 VEHICLE IS IN THE SHOP FOR REPAIR.A FIVE WOULD BE ASSIGNED TO A 1 Every other to 1 per Month 0 VEHICLE THAT IS IN THE SHOP TWO OR MORE TIMES PER MONTH ON AVERAGE, 1 Every Three Months or Less 0 WHILE A 1 BE ASSIGNED TO A VEHICLE IN THE SHOP AN AVERAGE OF ONCE Major Damage/Total Loss 0 EVERY THREE MONTHS OR LESS
TOTAL REPAIR HOURS 124.21 1 TO 5 POINTS ARE ASSIGNED BASED ON TOTAL LIFE M&R COST(NOT INCLUDING REPAIR OF ACCIDENT DAMAGE) A 5 IS ASSIGNED TO A VEHICLE WITH THE LIFE

MAINTENANCE & REAIR COST M&R COSTS EQUAL OR GREATER TO THE VEHICLE'S ORIGINAL PURCHASE FOR VEHICLE LIFE (RTA DATABASE) $ 203,938.49 5 PRICE, WHILE 1 IS GIVEN TO A VEHICLE WITH LIFE M&R COSTS EQUAL TO 20% OR LESS OF ORIGINAL PURCHASE COST.

CURRENT CONDITION OF VEHICLE (Type Yes in the field that applies) Excellent 0 THIS CATEGORY TAKES INTO CONSIDERATION BODY CONDITION, RUST, INTERIOR Good 0 CONDITION, ACCIDENT HISTORY, ANTICIPATED REPAIRS, ETC. A SCALE OF 1 TO 5 Minor 0 POINTS IS USED WITH 5 BEING POOR CONDITION.

Poor x 4
Major Damage 0
Total Points 46

POINT RANGES
Under 18 Points CONDITION I RECOMMENDATION NEEDS IMMEDIATE CONSIDERATION 18 TO 22 POINTS CONDITION II
23 TO 27 POINTS CONDITION III
27 AND ABOVE CONDITION IV
EVALUATION COMPLETED BY Monica Duran ON BEHALF OF THE FLEET MAINTENANCE DEPARTMENT

QUALIFIES FOR REPLACEMENT

NEEDS IMMEDIATE CONSIDERATION
461 VEHICLE CONCERNS : EQUIPMENT QUALIFIES FOR REPLACEMENT Facilities and Community Services Department
Streets

EXCELLENT
GOOD

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City Council/Financing Authority Meeting I. 18.

DATE: 05/17/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve a First Amendment to the Public Works Contract with Matich Corporation for the PMP 2021 Street Resurfacing Project to increase Contractor's compensation in the amount of $176,291.47 for the Community and Senior Center access parking lot and ADA improvements (Assistant City Manager Boatman)
MOTION(S):

If the City Council determines that staff’s recommendation is appropriate, the following motion is provided:

I move that the City Council approve the First Amendment to the Public Works Contract with Matich Corporation for the PMP 2021 Street Resurfacing Project to increase Contractor's compensation in the amount of $176,291.47 for the Senior Center access parking lot and ADA improvements.

1. RECOMMENDATION:

Staff recommends City Council determine approval of the First Amendment to the Public Works Contract with Matich Corporation for the PMP 2021 Street Resurfacing Project is categorically exempt from environmental review in accordance with Section 15301 of the State’s guidelines implementing the California Environmental Quality Act.

Staff further recommends City Council approve the First Amendment to the Public Works Contract with Matich Corporation for the PMP 2021 Street Resurfacing Project to increase Contractor's compensation in the amount of $176,291.47 for the Community and Senior Center access parking lot and ADA improvements.

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DISCUSSION:

On September 7, 2021, City Council approved a contract with Matich Corporation (Matich) for the Pavement Management Program 2021 Street Resurfacing Project (PMP 2021) in the amount of $9,235,780, with an estimated construction completion timeline of two-hundred (200) calendar days after issuance of a Notice to Proceed. The Project is under construction and scheduled for completion in June 2022. In December 2021, Facilities and Community Services (FCS) staff conducted an assessment of the current condition of the Community and Senior Center parking lot, and determined that the pavement is in poor condition. Also, the parking lot is not compliant with the current American with Disabilities Act (ADA) standards.

In order to complete the Community and Senior Center parking lot and ADA improvements efficiently, staff solicited a cost proposal from Matich for these improvements. Matich submitted a reasonable cost proposal of $176,291.47 for this work. An amendment to the existing Matich contract will not affect the current PMP 2021 completion timeline. Staff recommends an amendment to increase the existing Matich PMP 2021 Contract by $176,291.47, resulting in a revised Contract total of $9,412,071.47. The additional cost is available in the FY 21/22 FCS approved budget from the Recreation and Senior Services fund.

ALTERNATIVES:

Council may elect to reject the contract amendment. However, this will delay the community and senior center parking lot improvement.

STRATEGIC PLAN:

Not Applicable
SUBMITTED BY:

Christopher Boatman, Assistant City Manager
RECOMMENDED BY:

Charles M. Duggan Jr., City Manager
REVIEWED BY:

Daniel J. McHugh, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Tabitha Kevari, Facilities and Community Services Assistant Director PREPARED BY:

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PREPARED BY:

Jawad Naderi, Associate Engineer
Fiscal Impact
Fiscal Year: FY 2021-22
Appropriation Required Y/N: N
Budgeted Y/N: Y
Account No.: 101309-8501
Discussion:

There is no fiscal impact associated with this Contract amendment. The FY 21/22 Recreation and Senior Services budget includes adequate funding for this project.

Attachments
First Amendment to Matich Contract
Executed Contract- Matich Corp. (Reference only)

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1 L:\ca\djm\Agreements\Matich Corp First Amendment.FY21-0112.docx.jn

FIRST AMENDMENT TO THE PUBLIC WORKS CONSTRUCTION CONTRACT

This first amendment (“First Amendment”) to the Public Works Construction Contract of the PMP 2021 Street Resurfacing Project (“Contract”), dated September 7, 2021, by and between the City of Redlands, a municipal corporation and general law city (“City”), and Matich Corporation (“Contractor”), is made and entered into this 17th day of May, 2022.

RECITALS

WHEREAS, it is the desire of City and Contractor to amend their existing Contract, specifically to amend the scope of work by including Senior Center parking lot access and ADA improvements, and amend the Contract Sum of the Contract; and

WHEREAS, the City Council approved the Contract with Contractor for work in accordance with the Contract Documents for City’s PMP 2021 Street Resurfacing Project, Project No. 211003;

NOW, THEREFORE, in consideration of the mutual promises contained herein City and Contractor agree as follows:

AGREEMENT

Section 1. The scope of work performed by Contrac tor pursuant to Section 1 of the Contract, titled “Scope of Work,” is hereby amended to include the work that is identified in Exhibit “1,” which is attached hereto and incorporated herein by this reference.

Section 2. The Contract Sum, as set forth in Section 2 of the Contract, is hereby amended to increase Contractor’s compensation and shall read as follows:

“CONTRACT SUM: City shall pay Contractor the sum of nine million four hundred twelve thousand seventy one dollars and forty seven cents ($9,412,071.47) as consideration for the additional work in accordance with the terms and conditions set forth in the Contract Documents. Pursuant to Public Contract Code Section 22300, Contractor has the option to deposit securities with an escrow agent as a substitute for retention of earnings required to be withheld by City pursuant to an escrow agreement as set forth in Public Contract Code section 22300.”

Section 3. All other provisions of the Contract shall remain unchanged by this First Amendment and in effect.

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2 L:\ca\djm\Agreements\Matich Corp First Amendment.FY21-0112.docx.jn IN WITNESS WHEREOF, the parties have executed this First Amendment, to be effective as of the 17th day of May, 2022.

CITY OF REDLANDS MATICH CORPORATION

________________________________ ________________________________ Paul T. Barich, Mayor Jason G. Jones, Vice President

ATTEST:

__________________________________
Jeanne Donaldson, City Clerk

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3 L:\ca\djm\Agreements\Matich Corp First Amendment.FY21-0112.docx.jn EXHIBIT “1”

ADDITIONAL SCOPE OF WORK

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SENIOR CENTER ACCESS IMPROVEMENTS
Jake Reade 04/15/2022
Total PriceDescription Quantity U/MItem Unit Price
Bid Item Prices for :

Matich Corporation
MOBILIZATON $10,347.83$10,347.83LS1.0001 1
REMOVE EXISTING 6" CURB $6,514.20$29.61LF220.0001 2
1 1 /2" GRIND AND OVERALY ADA
PARKING STALLS, 1 1 /2" PG64-10

ASPHALT
$8,417.50$24.05SY350.0001 3

REMOVE ASPHALT/SOIL FOR ADA

WALKWAY
$6,733.54$4.82SF1,397.0001 4

REMOVE TREE FOR ADA PATH OF
TRAVEL
$3,850.00$3,850.00EA1.0001 5
INSTALL 6" CURB $11,637.40$37.54LF310.0001 6
5' WIDE CONCRETE ADA WALKWAY $13,271.50$9.50SF1,397.0001 7 ADA ACCESSIBLE CURB RAMP $9,857.55$3,285.85EA3.0001 8

STRIPE ADA PARKING STALLS,

PARKING

STALLS & ADA WALKWAY
$5,775.00$5,775.00LS1.0001 9
ADA PARKING SIGN INSTALLATION $3,448.50$313.50EA11.0001 10 PARKING STOP $786.50$71.50EA11.0001 11
1 1 /2" GRIND AND OVERLAY ADA
PARKING LOT, 1 1 /2" PG 64-10 ASPHALT
$75,772.60$22.70SY3,338.0001 12
OTHER SIGN INSTALLATION $1,100.00$275.00EA4.0001 13

TRUNCATED DOMES ON SIDEWALK

ADJACENT TO PARKING
$18,779.35$101.51LF185.0001 14
Phase 01 Schedule 1 $176,291.47Subtotal
BID TOTALS $176,291.47

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Details Report For : SENIOR CENTER ACCESS IMPROVEMENTS
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Item
U/MQuantity Unit Cost Margin% Unit Price Total PricePh. 01 1 MOBILIZATON

1.00 LS $10,347.83 $10,347.8310.00$9,407.12 $9,407.12
Schedule 1 Total Cost
Description
Activity Crew Activity QtySUPERVISION SUPERVISION 1.00 LS Days:Rate:

Day:

Hour:

Labor
Equipment
Total Cost:

Unit Cost:0.00

0.10 10.00

10.00 LS
LS
$4,707.40
Actual: 10.00
$4,707.40
Labor Quantity DaysHours Unit Cost
PROJECT SUPERINTENDENTSUPER 1.00 2.00 HR 10.00 $1,440.00

72.00 GENERAL FOREMANGENFRM 1.00 2.00 HR 10.00 $1,862.40 93.12 Total$0.00 The total contains overtime cost of: $3,302.400.00 DaysHoursQuantityEquipment Unit Cost
$250.0010.00HR2.00TPUSP SUPERINTENDENT PICK

UP TRUCK

1.00 12.50
$250.0010.00HR2.00TPU 1/2 TON PICK UP TRUCK 1.00 12.50
$500.00Total
QuantityMaterial Unit Cost
$225.00SANITARY TOILETSTOILET 225.001.00
$680.00INSURANCEINS 0.00170,000.00
$905.00Total
Act
Note:

Activity Crew Activity QtyEQUIPMENT MOVES EQUIPMENT MOVES 1.00 LS Days:Rate:

Day:

Hour:

Labor
Equipment
Total Cost:

Unit Cost:0.10

0.50 2.00

2.00 LS
LS
$2,055.36
Actual: 2.00
$2,055.36
Labor Quantity DaysHours Unit Cost
TMST, 6 LOWBEDT6 1.00 8.00 HR 2.00 $1,127.36

70.46 Total$0.00 The total contains overtime cost of: $1,127.360.00 DaysHoursQuantityEquipment Unit Cost
$928.002.00HR8.00LB3AT LOWBED 3 AXLE TILTBED 1.00 58.00 $928.00Total
Act
Note:

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Details Report For : SENIOR CENTER ACCESS IMPROVEMENTS
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Item
U/MQuantity Unit Cost Margin% Unit Price Total PricePh. 01 2 REMOVE EXISTING 6" CURB
220.00 LF $29.61 $6,514.209.99$26.92 $5,922.69
Schedule 1 Total Cost
Description
Activity Crew Activity QtyAC/PCC DEMO AC/PCC DEMO 220.00 LF Days:Rate:

Day:

Hour:

Labor
Equipment
Total Cost:

Unit Cost:27.50
220.00 1.00

1.00 LF
LF
$5,922.69
Actual: 1.00
$26.92
Labor Quantity DaysHours Unit Cost
OPER, FOREMAN GROUP 10OF12 1.00 9.00 HR 1.00 $820.08

91.12 LBR, GRP 4L4 2.00 8.00 HR 1.00 $1,128.00 70.50
Total$0.00 The total contains overtime cost of: $1,978.6930.61 DaysHoursQuantityEquipment Unit Cost
$1,384.001.00HR8.00BHHIXSO
N
HIXSON BACKHOE 1.00 173.00
$1,040.001.00HR8.00TRKSUP SUPER 10 TRUCK 1.00 130.00
$120.001.00HR8.00TPUFM F-250 FOREMAN PICK UP
TRUCK

1.00 15.00
$2,544.00Total
QuantityMaterial Unit Cost
$800.00PCC DUMP FEESDMPPCC 200.004.00
$800.00Total
Sub Quantity Unit Cost
$600.00SAW CUTTINGSAWCUT 150.004.00
$600.00Total
Act
Note:

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Details Report For : SENIOR CENTER ACCESS IMPROVEMENTS
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Item
U/MQuantity Unit Cost Margin% Unit Price Total PricePh. 01 3 1 1/2" GRIND AND OVERALY ADA PARKING STALLS, 1 1/2" PG64-10 ASPHALT 350.00 SY $24.05 $8,417.5010.00$21.86 $7,652.28
Schedule 1 Total Cost
Description
Activity Crew Activity QtyAC PAVING CREW AC PAVING CREW 368.80 SY Days:Rate:

Day:

Hour:

Labor
Equipment
Total Cost:

Unit Cost:153.70
1,229.30 3.00

3.00 SY
SY
$6,031.85
Actual: 3.00
D

0.10 $16.36
Labor Quantity DaysHours Unit Cost
OPER, FOREMAN GROUP 10OF12 1.00 9.00 HR 3.00 $2,460.24 91.12 OPER, O8 PAVER OPERATORO8POP 1.00 8.00 HR 3.00 $2,130.48 88.77 OPER, O8 SCREEDO8SC 2.00 8.00 HR 3.00 $4,260.96 88.77
OPER, O8 ROLLERO8R 3.00 8.00 HR 3.00 $6,391.44 88.77
LBR, GRP 4L4 3.00 8.00 HR 3.00 $5,076.00 70.50
LBR, GRP 4 CREW TRUCKL4CT 1.00 9.00 HR 3.00 $1,903.50 70.50 TMST, T-5 WATER TRUCKT5WT 1.00 8.00 HR 3.00 $1,691.04 70.46 Total$0.00 The total contains overtime cost of: $23,929.752,392.9716.09 DaysHoursQuantityEquipment Unit Cost
$360.003.00HR8.00TPUFM F-250 FOREMAN PICK UP
TRUCK

1.00 15.00
$4,200.003.00HR8.00CATAPP CAT AP1055D PAVER 1.00 175.00 $1,920.003.00HR8.00R534CB CAT CB534 ROLLER 2.00 40.00
$1,080.003.00HR8.00R360P CAT PS 360P PNEUMATIC
ROLLER

1.00 45.00
$864.003.00HR8.00210 210L JD SKIP LOADER 1.00 36.00
$600.003.00HR8.00TPC F-550 PAVING CREW
TRUCK

1.00 25.00
$720.003.00HR8.00WT4000 4000 GAL WATER TRUCK 1.00 30.00 $9,744.00Total974.40
QuantityMaterial Unit Cost
$500.00TACKTACKGA 2.50200.00
$500.00Total50.00
Sub Quantity Unit Cost
$1,560.00RENTAL RATEBROOMR 195.008.00
$1,560.00Total156.00
QuantityTrucks Unit Cost
$6,240.00HAUL ASPHALT ($130.00
HR)
HAULAC 19.20325.00
$6,240.00Total624.00
QuantityOther Unit Cost
$18,200.00AC FOB PLANTACFOB 56.00325.00
$18,200.00Total1,820.00
Ac
t
Note:

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Details Report For : SENIOR CENTER ACCESS IMPROVEMENTS
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Item
U/MQuantity Unit Cost Margin% Unit Price Total PricePh. 01 3 1 1/2" GRIND AND OVERALY ADA PARKING STALLS, 1 1/2" PG64-10 ASPHALT 350.00 SY $24.05 $8,417.5010.00$21.86 $7,652.28
Schedule 1 Total Cost
Description
Activity Crew Activity QtyCOLD PLANER SUPPORT COLD PLANING

SUPPORT
368.80 SY
Days:Rate:

Day:

Hour:

Labor
Equipment
Total Cost:

Unit Cost:461.00
3,688.00 1.00

1.00 SY
SY
$1,539.75
Actual: 1.00
D

0.10 $4.18
Labor Quantity DaysHours Unit Cost
OPER, FOREMAN GROUP 10OF12 1.00 9.00 HR 1.00 $820.08 91.12 OPER, O8 CAT 262 SKID

OPERATOR
O8SKID 1.00 8.00 HR 1.00 $710.16 88.77
LBR, GRP 4L4 2.00 8.00 HR 1.00 $1,128.00 70.50
TMST, T-5 WATER TRUCKT5WT 1.00 8.00 HR 1.00 $563.68 70.46 Total$0.00 The total contains overtime cost of: $3,224.98322.503.06 DaysHoursQuantityEquipment Unit Cost
$240.001.00HR8.00WT4000 4000 GAL WATER TRUCK 1.00 30.00 $120.001.00HR8.00TPUFM F-250 FOREMAN PICK UP
TRUCK

1.00 15.00
$5,200.001.00HR8.00TRKSUP SUPER 10 TRUCK 5.00 130.00
$400.001.00HR8.00C262 CAT 262 SKID

W/ATTACHMENTS

1.00 50.00
$5,960.00Total596.00
Sub Quantity Unit Cost
$4,625.005' GRINDER RENTALGRNDRN
T
4,625.001.00
$1,560.00RENTAL RATEBROOMR 195.008.00
$6,185.00Total618.50
Act
Note:

Activity Crew Activity QtyAC THRU LUNCH ADD AC THRU LUNCH ADD 368.80 SY Days:Rate:

Day:

Hour:

Labor
Equipment
Total Cost:

Unit Cost:0.00
3,688.00 1.00

1.00 SY
SY
$80.67
Actual: 1.00
D

0.10 $0.22
Labor Quantity DaysHours Unit Cost
OPER, FOREMAN GROUP 10OF12 1.00 0.50 HR 1.00 $45.56 91.12 OPER, O8 PAVER OPERATORO8POP 1.00 0.50 HR 1.00 $44.39 88.77 OPER, O8 SCREEDO8SC 2.00 0.50 HR 1.00 $88.77 88.77
OPER, O8 ROLLERO8R 3.00 0.50 HR 1.00 $133.16 88.77
LBR, GRP 4L4 3.00 0.50 HR 1.00 $105.75 70.50
LBR, GRP 4 CREW TRUCKL4CT 1.00 0.50 HR 1.00 $35.25 70.50 TMST, T-5 WATER TRUCKT5WT 1.00 0.50 HR 1.00 $35.23 70.46 Total$19.47 The total contains overtime cost of: $519.9752.0031.86 Act
Note:

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Item
U/MQuantity Unit Cost Margin% Unit Price Total PricePh. 01 4 REMOVE ASPHALT/SOIL FOR ADA WALKWAY
1,397.00 SF $4.82 $6,733.549.98$4.38 $6,122.69
Schedule 1 Total Cost
Description
Activity Crew Activity QtyAC/PCC DEMO AC/PCC DEMO 1,397.00 SF Days:Rate:

Day:

Hour:

Labor
Equipment
Total Cost:

Unit Cost:174.60
1,397.00 1.00

1.00 SF
SF
$6,122.69
Actual: 1.00
$4.38
Labor Quantity DaysHours Unit Cost
OPER, FOREMAN GROUP 10OF12 1.00 9.00 HR 1.00 $820.08

1.00 15.00
$2,544.00Total
QuantityMaterial Unit Cost
$1,000.00PCC DUMP FEESDMPPCC 200.005.00
$1,000.00Total
Sub Quantity Unit Cost
$600.00SAW CUTTINGSAWCUT 150.004.00
$600.00Total
Act
Note:

Item
U/M
Quantity Unit Cost Margin% Unit Price Total PricePh. 01 5 REMOVE TREE FOR ADA PATH OF TRAVEL

1.00 EA $3,850.00 $3,850.0010.00$3,500.00 $3,500.00
Schedule 1 Total Cost
Description
Activity Crew Activity QtyCLEAR & GRUB CLEAR & GRUB 1.00 EA Days:Rate:

Day:

Hour:

Labor
Equipment
Total Cost:

Unit Cost:0.13

1.00 1.00

1.00 EA
EA
$3,500.00
Actual: 1.00
$3,500.00
Sub Quantity Unit Cost
$3,500.00V&E TREE REMOVALTR
3,500.001.00
$3,500.00Total
Act
Note:

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Item
U/MQuantity Unit Cost Margin% Unit Price Total PricePh. 01 6 INSTALL 6" CURB
310.00 LF $37.54 $11,637.409.99$34.13 $10,580.10
Schedule 1 Total Cost
Description
Activity Crew Activity QtyPOUR CURB & GUTTER POUR CURB & GUTTER 310.00 LF Days:Rate:

Day:

Hour:

Labor
Equipment
Total Cost:

Unit Cost:0.00
310.00 1.00

1.00 LF
LF
$8,313.42
Actual: 1.00
$26.82
Labor Quantity DaysHours Unit Cost
OPER, FOREMAN GROUP 10OF12 1.00 11.00 HR 1.00 $1,002.32

91.12 LBR, GRP 4L4 3.00 10.00 HR 1.00 $2,115.00 70.50
CEMENT MASON, GP1M1 4.00 10.00 HR 1.00 $2,928.80 73.22
Total$185.44 The total contains overtime cost of: $6,461.42415.30 DaysHoursQuantityEquipment Unit Cost
$250.001.00HR10.00TKCFT CONCRETE FORM TRUCK 1.00 25.00
$150.001.00HR10.00TPUFM F-250 FOREMAN PICK UP
TRUCK

1.00 15.00
$90.001.00HR10.00GEN GENERATOR 1.00 9.00
$490.00Total
QuantityMaterial Unit Cost
$30.00PCC STAND BY TIME PER
LOAD
PCCSTA
ND

30.001.00
$1,305.003250 PSI CONCRETEPCC32 145.009.00
$27.00CURING COMPOUNDCURE 3.009.00
$1,362.00Total
Act
Note:

Activity Crew Activity QtyGRADE CURB 210 310.00 LF
Days:Rate:

Day:

Hour:

Labor
Equipment
Total Cost:

Unit Cost:77.50
310.00 1.00

1.00 LF
LF
$2,266.68
Actual: 1.00
$7.31
Labor Quantity DaysHours Unit Cost
OPER, FOREMAN GROUP 10OF12 1.00 5.00 HR 1.00 $455.60

91.12 OPER, O8 GRADE CHECKERO8GC 1.00 4.00 HR 1.00 $355.08 88.77 LBR, GRP 4L4 2.00 4.00 HR 1.00 $564.00 70.50
Total$0.00 The total contains overtime cost of: $1,374.680.00 DaysHoursQuantityEquipment Unit Cost
$100.001.00HR4.00R334E CAT CB 334E ROLLER 1.00 25.00
$692.001.00HR4.00BHHIXSO
N
HIXSON BACKHOE 1.00 173.00
$40.001.00HR4.00WTBUF WATER BUFFALO 40-171 1.00 10.00
$60.001.00HR4.00TPUFM F-250 FOREMAN PICK UP
TRUCK

1.00 15.00
$892.00Total
Act
Note:

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Item
U/MQuantity Unit Cost Margin% Unit Price Total PricePh. 01 7 5' WIDE CONCRETE ADA WALKWAY
1,397.00 SF $9.50 $13,271.5010.04$8.63 $12,060.10
Schedule 1 Total Cost
Description
Activity Crew Activity QtyPOUR CURB & GUTTER POUR CURB & GUTTER 1,397.00 SF Days:Rate:

Day:

Hour:

Labor
Equipment
Total Cost:

Unit Cost:139.70
1,397.00 1.00

1.00 SF
SF
$9,793.42
Actual: 1.00
$7.01
Labor Quantity DaysHours Unit Cost
OPER, FOREMAN GROUP 10OF12 1.00 11.00 HR 1.00 $1,002.32

1.00 15.00
$90.001.00HR10.00GEN GENERATOR 1.00 9.00
$490.00Total
QuantityMaterial Unit Cost
$30.00PCC STAND BY TIME PER
LOAD
PCCSTA
ND

30.001.00
$2,755.003250 PSI CONCRETEPCC32 145.0019.00
$57.00CURING COMPOUNDCURE 3.0019.00
$2,842.00Total
Act
Note:

Activity Crew Activity QtyGRADE SIDEWALK 210 1,397.00 SF Days:Rate:

Day:

Hour:

Labor
Equipment
Total Cost:

Unit Cost:0.00
1,397.00 1.00

1.00 SF
SF
$2,266.68
Actual: 1.00
$1.62
Labor Quantity DaysHours Unit Cost
OPER, FOREMAN GROUP 10OF12 1.00 5.00 HR 1.00 $455.60

1.00 15.00
$892.00Total
Act
Note:

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Item
U/MQuantity Unit Cost Margin% Unit Price Total PricePh. 01 8 ADA ACCESSIBLE CURB RAMP

3.00 EA $3,285.85 $9,857.5510.00$2,987.14 $8,961.42
Schedule 1 Total Cost
Description
Activity Crew Activity QtyRAMPS POUR CURB & GUTTER 3.00 EA Days:Rate:

Day:

Hour:

Labor
Equipment
Total Cost:

Unit Cost:0.30

3.00 1.00

1.00 EA
EA
$8,961.42
Actual: 1.00
$2,987.14
Labor Quantity DaysHours Unit Cost
OPER, FOREMAN GROUP 10OF12 1.00 11.00 HR 1.00 $1,002.32

1.00 15.00
$90.001.00HR10.00GEN GENERATOR 1.00 9.00
$490.00Total
QuantityMaterial Unit Cost
$30.00PCC STAND BY TIME PER
LOAD
PCCSTA
ND

30.001.00
$1,350.003250 PSI CONCRETEPCC32 135.0010.00
$30.00CURING COMPOUNDCURE 3.0010.00
$600.00TRUNCATED DOMESTDOMES 200.003.00
$2,010.00Total
Act
Note:

Item
U/M
Quantity Unit Cost Margin% Unit Price Total PricePh. 01 9 STRIPE ADA PARKING STALLS, PARKING STALLS & ADA WALKWAY

1.00 LS $5,775.00 $5,775.0010.00$5,250.00 $5,250.00
Schedule 1 Total Cost
Description
Activity Crew Activity QtyPARKING LOT STRIPING SUB MISCELLANEOUS

ACTIVITY

1.00 LS
Days:Rate:

Day:

Hour:

Labor
Equipment
Total Cost:

Unit Cost:0.10

1.00 1.00

1.00 LS
LS
$5,250.00
Actual: 1.00
$5,250.00
Sub Quantity Unit Cost
$5,250.00CTI STRIPINGTEMPS
5,250.001.00
$5,250.00Total
Act
Note:

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Item
U/MQuantity Unit Cost Margin% Unit Price Total PricePh. 01 10 ADA PARKING SIGN INSTALLATION

11.00 EA $313.50 $3,448.5010.00$285.00 $3,135.00
Schedule 1 Total Cost
Description
Activity Crew Activity QtyADA PARKING SIGNS SUB MISCELLANEOUS

ACTIVITY

11.00 EA
Days:Rate:

Day:

Hour:

Labor
Equipment
Total Cost:

Unit Cost:0.10

1.00 11.00

11.00 EA
EA
$3,135.00
Actual: 11.00
$285.00
Sub Quantity Unit Cost
$3,135.00CTI STRIPINGMISC 285.0011.00
$3,135.00Total
Act
Note:

Item
U/M
Quantity Unit Cost Margin% Unit Price Total PricePh. 01 11 PARKING STOP

11.00 EA $71.50 $786.5010.00$65.00 $715.00
Schedule 1 Total Cost
Description
Activity Crew Activity QtyPARKING STOPS SUB MISCELLANEOUS

ACTIVITY

11.00 EA
Days:Rate:

Day:

Hour:

Labor
Equipment
Total Cost:

Unit Cost:0.10

1.00 11.00

11.00 EA
EA
$715.00
Actual: 11.00
$65.00
Sub Quantity Unit Cost
$715.00CTI STRIPINGTEMPS 65.0011.00
$715.00Total
Act
Note:

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Details Report For : SENIOR CENTER ACCESS IMPROVEMENTS
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Item
U/MQuantity Unit Cost Margin% Unit Price Total PricePh. 01 12 1 1/2" GRIND AND OVERLAY ADA PARKING LOT, 1 1/2" PG 64-10 ASPHALT 3,338.00 SY $22.70 $75,772.6010.02$20.63 $68,870.50
Schedule 1 Total Cost
Description
Activity Crew Activity QtyAC PAVING CREW AC PAVING CREW 3,319.20 SY Days:Rate:

Day:

Hour:

Labor
Equipment
Total Cost:

Unit Cost:153.70
1,229.30 3.00

3.00 SY
SY
$54,286.66
Actual: 3.00
D

0.90 $16.36
Labor Quantity DaysHours Unit Cost
OPER, FOREMAN GROUP 10OF12 1.00 9.00 HR 3.00 $2,460.24 91.12 OPER, O8 PAVER OPERATORO8POP 1.00 8.00 HR 3.00 $2,130.48 88.77 OPER, O8 SCREEDO8SC 2.00 8.00 HR 3.00 $4,260.96 88.77
OPER, O8 ROLLERO8R 3.00 8.00 HR 3.00 $6,391.44 88.77
LBR, GRP 4L4 3.00 8.00 HR 3.00 $5,076.00 70.50
LBR, GRP 4 CREW TRUCKL4CT 1.00 9.00 HR 3.00 $1,903.50 70.50 TMST, T-5 WATER TRUCKT5WT 1.00 8.00 HR 3.00 $1,691.04 70.46 Total$0.00 The total contains overtime cost of: $24,058.4321,652.58144.77 DaysHoursQuantityEquipment Unit Cost
$360.003.00HR8.00TPUFM F-250 FOREMAN PICK UP
TRUCK

1.00 15.00
$4,200.003.00HR8.00CATAPP CAT AP1055D PAVER 1.00 175.00 $1,920.003.00HR8.00R534CB CAT CB534 ROLLER 2.00 40.00
$1,080.003.00HR8.00R360P CAT PS 360P PNEUMATIC
ROLLER

1.00 45.00
$864.003.00HR8.00210 210L JD SKIP LOADER 1.00 36.00
$600.003.00HR8.00TPC F-550 PAVING CREW
TRUCK

1.00 25.00
$720.003.00HR8.00WT4000 4000 GAL WATER TRUCK 1.00 30.00 $9,744.00Total8,769.60
QuantityMaterial Unit Cost
$500.00TACKTACKGA 2.50200.00
$500.00Total450.00
Sub Quantity Unit Cost
$1,560.00RENTAL RATEBROOMR 195.008.00
$1,560.00Total1,404.00
QuantityTrucks Unit Cost
$6,240.00HAUL ASPHALT ($130.00
HR)
HAULAC 19.20325.00
$6,240.00Total5,616.00
QuantityOther Unit Cost
$18,200.00AC FOB PLANTACFOB 56.00325.00
$18,200.00Total16,380.00
Ac
t
Note:

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Details Report For : SENIOR CENTER ACCESS IMPROVEMENTS
Jake Reade 04/15/2022
Item
U/MQuantity Unit Cost Margin% Unit Price Total PricePh. 01 12 1 1/2" GRIND AND OVERLAY ADA PARKING LOT, 1 1/2" PG 64-10 ASPHALT 3,338.00 SY $22.70 $75,772.6010.02$20.63 $68,870.50
Schedule 1 Total Cost
Description
Activity Crew Activity QtyCOLD PLANER SUPPORT COLD PLANING

SUPPORT
3,319.20 SY
Days:Rate:

Day:

Hour:

Labor
Equipment
Total Cost:

Unit Cost:461.00
3,688.00 1.00

1.00 SY
SY
$13,857.78
Actual: 1.00
D

0.90 $4.18
Labor Quantity DaysHours Unit Cost
OPER, FOREMAN GROUP 10OF12 1.00 9.00 HR 1.00 $820.08 91.12 OPER, O8 CAT 262 SKID

OPERATOR
O8SKID 1.00 8.00 HR 1.00 $710.16 88.77
LBR, GRP 4L4 2.00 8.00 HR 1.00 $1,128.00 70.50
TMST, T-5 WATER TRUCKT5WT 1.00 8.00 HR 1.00 $563.68 70.46 Total$0.00 The total contains overtime cost of: $3,249.472,924.5227.55 DaysHoursQuantityEquipment Unit Cost
$240.001.00HR8.00WT4000 4000 GAL WATER TRUCK 1.00 30.00 $120.001.00HR8.00TPUFM F-250 FOREMAN PICK UP
TRUCK

1.00 15.00
$5,200.001.00HR8.00TRKSUP SUPER 10 TRUCK 5.00 130.00
$400.001.00HR8.00C262 CAT 262 SKID

W/ATTACHMENTS

1.00 50.00
$5,960.00Total5,364.00
Sub Quantity Unit Cost
$4,625.005' GRINDER RENTALGRNDRN
T
4,625.001.00
$1,560.00RENTAL RATEBROOMR 195.008.00
$6,185.00Total5,566.50
Act
Note:

Activity Crew Activity QtyAC THRU LUNCH ADD AC THRU LUNCH ADD 3,319.20 SY Days:Rate:

Day:

Hour:

Labor
Equipment
Total Cost:

Unit Cost:0.00
3,688.00 1.00

1.00 SY
SY
$726.07
Actual: 1.00
D

0.90 $0.22
Labor Quantity DaysHours Unit Cost
OPER, FOREMAN GROUP 10OF12 1.00 0.50 HR 1.00 $45.56 91.12 OPER, O8 PAVER OPERATORO8POP 1.00 0.50 HR 1.00 $44.39 88.77 OPER, O8 SCREEDO8SC 2.00 0.50 HR 1.00 $88.77 88.77
OPER, O8 ROLLERO8R 3.00 0.50 HR 1.00 $133.16 88.77
LBR, GRP 4L4 3.00 0.50 HR 1.00 $105.75 70.50
LBR, GRP 4 CREW TRUCKL4CT 1.00 0.50 HR 1.00 $35.25 70.50 TMST, T-5 WATER TRUCKT5WT 1.00 0.50 HR 1.00 $35.23 70.46 Total$19.47 The total contains overtime cost of: $774.88697.39286.77 Act
Note:

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Details Report For : SENIOR CENTER ACCESS IMPROVEMENTS
Jake Reade 04/15/2022
Item
U/MQuantity Unit Cost Margin% Unit Price Total PricePh. 01 13 OTHER SIGN INSTALLATION

4.00 EA $275.00 $1,100.0010.00$250.00 $1,000.00
Schedule 1 Total Cost
Description
Activity Crew Activity QtySPECIAL SIGNS SUB MISCELLANEOUS

ACTIVITY

4.00 EA
Days:Rate:

Day:

Hour:

Labor
Equipment
Total Cost:

Unit Cost:0.10

1.00 4.00

4.00 EA
EA
$1,000.00
Actual: 4.00
$250.00
Sub Quantity Unit Cost
$1,000.00CTI STRIPINGMISC 250.004.00
$1,000.00Total
Act
Note:

Item
U/M
Quantity Unit Cost Margin% Unit Price Total PricePh. 01 14 TRUNCATED DOMES ON SIDEWALK ADJACENT TO PARKING
185.00 LF $101.51 $18,779.3510.00$92.28 $17,072.42
Schedule 1 Total Cost
Description
Activity Crew Activity QtyINSTALL TRUNCATED DOMES MISCELLANEOUS

ACTIVITY
185.00 LF
Days:Rate:

Day:

Hour:

Labor
Equipment
Total Cost:

Unit Cost:11.60

92.50 2.00

2.00 LF
LF
$17,072.42
Actual: 2.00
$92.28
Labor Quantity DaysHours Unit Cost
LBR, GRP 4L4 1.00 8.00 HR 2.00 $1,128.00

70.50 CEMENT MASON, GP1M1 2.00 8.00 HR 2.00 $2,343.04 73.22 OPER, FOREMAN GROUP 10OF12 1.00 9.00 HR 2.00 $1,640.16 91.12 Total$61.22 The total contains overtime cost of: $5,172.4261.22 DaysHoursQuantityEquipment Unit Cost
$560.002.00HR8.00TKFLT3 FLATBED 3 AXLE 1.00 35.00
$240.002.00HR8.00TPUFM F-250 FOREMAN PICK UP
TRUCK

1.00 15.00
$800.00Total
QuantityMaterial Unit Cost
$11,100.00TRUNCATED DOMES
(24"x60" - 37 each)
TDOMES 25.00444.00
$11,100.00Total
Act
Note:

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Details Report For : SENIOR CENTER ACCESS IMPROVEMENTS
Jake Reade 04/15/2022
Item
U/MQuantity Unit Cost Margin% Unit Price Total PricePh. ZZ DST
1 1/2" GRIND AND OVERLAY PARKING LOT
3,688.00 SY $0.00 $0.000.00$0.00 $0.00
Reserved for Distributed Total Cost
Description
Activity Crew Activity QtyCOLD PLANER SUPPORT COLD PLANING

SUPPORT
3,688.00 SY
Days:Rate:

Day:

Hour:

Labor
Equipment
Total Cost:

Unit Cost:461.00
3,688.00 1.00

1.00 SY
SY
$15,397.53
Actual: 1.00
$4.18
Labor Quantity DaysHours Unit Cost
OPER, FOREMAN GROUP 10OF12 1.00 9.00 HR 1.00 $820.08

91.12 OPER, O8 CAT 262 SKID

OPERATOR
O8SKID 1.00 8.00 HR 1.00 $710.16 88.77
LBR, GRP 4L4 2.00 8.00 HR 1.00 $1,128.00 70.50
TMST, T-5 WATER TRUCKT5WT 1.00 8.00 HR 1.00 $563.68 70.46 Total$0.00 The total contains overtime cost of: $3,252.5330.61 DaysHoursQuantityEquipment Unit Cost
$240.001.00HR8.00WT4000 4000 GAL WATER TRUCK 1.00 30.00 $120.001.00HR8.00TPUFM F-250 FOREMAN PICK UP
TRUCK

1.00 15.00
$5,200.001.00HR8.00TRKSUP SUPER 10 TRUCK 5.00 130.00
$400.001.00HR8.00C262 CAT 262 SKID

W/ATTACHMENTS

1.00 50.00
$5,960.00Total
Sub Quantity Unit Cost
$4,625.005' GRINDER RENTALGRNDRN
T
4,625.001.00
$1,560.00RENTAL RATEBROOMR 195.008.00
$6,185.00Total
Act
Note:

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Details Report For : SENIOR CENTER ACCESS IMPROVEMENTS
Jake Reade 04/15/2022
Item
U/MQuantity Unit Cost Margin% Unit Price Total PricePh. ZZ DST
1 1/2" GRIND AND OVERLAY PARKING LOT
3,688.00 SY $0.00 $0.000.00$0.00 $0.00
Reserved for Distributed Total Cost
Description
Activity Crew Activity QtyAC PAVING CREW AC PAVING CREW 3,688.00 SY Days:Rate:

Day:

Hour:

Labor
Equipment
Total Cost:

Unit Cost:153.70
1,229.30 3.00

3.00 SY
SY
$60,318.51
Actual: 3.00
$16.36
Labor Quantity DaysHours Unit Cost
OPER, FOREMAN GROUP 10OF12 1.00 9.00 HR 3.00 $2,460.24

91.12 OPER, O8 PAVER OPERATORO8POP 1.00 8.00 HR 3.00 $2,130.48 88.77 OPER, O8 SCREEDO8SC 2.00 8.00 HR 3.00 $4,260.96 88.77
OPER, O8 ROLLERO8R 3.00 8.00 HR 3.00 $6,391.44 88.77
LBR, GRP 4L4 3.00 8.00 HR 3.00 $5,076.00 70.50
LBR, GRP 4 CREW TRUCKL4CT 1.00 9.00 HR 3.00 $1,903.50 70.50 TMST, T-5 WATER TRUCKT5WT 1.00 8.00 HR 3.00 $1,691.04 70.46 Total$0.00 The total contains overtime cost of: $24,074.51160.85 DaysHoursQuantityEquipment Unit Cost
$360.003.00HR8.00TPUFM F-250 FOREMAN PICK UP
TRUCK

1.00 15.00
$4,200.003.00HR8.00CATAPP CAT AP1055D PAVER 1.00 175.00 $1,920.003.00HR8.00R534CB CAT CB534 ROLLER 2.00 40.00
$1,080.003.00HR8.00R360P CAT PS 360P PNEUMATIC
ROLLER

1.00 45.00
$864.003.00HR8.00210 210L JD SKIP LOADER 1.00 36.00
$600.003.00HR8.00TPC F-550 PAVING CREW
TRUCK

1.00 25.00
$720.003.00HR8.00WT4000 4000 GAL WATER TRUCK 1.00 30.00 $9,744.00Total
QuantityMaterial Unit Cost
$500.00TACKTACKGA 2.50200.00
$500.00Total
Sub Quantity Unit Cost
$1,560.00RENTAL RATEBROOMR 195.008.00
$1,560.00Total
QuantityTrucks Unit Cost
$6,240.00HAUL ASPHALT ($130.00
HR)
HAULAC 19.20325.00
$6,240.00Total
QuantityOther Unit Cost
$18,200.00AC FOB PLANTACFOB 56.00325.00
$18,200.00Total
Act
Note:

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Details Report For : SENIOR CENTER ACCESS IMPROVEMENTS
Jake Reade 04/15/2022
Item
U/MQuantity Unit Cost Margin% Unit Price Total PricePh. ZZ DST
1 1/2" GRIND AND OVERLAY PARKING LOT
3,688.00 SY $0.00 $0.000.00$0.00 $0.00
Reserved for Distributed Total Cost
Description
Activity Crew Activity QtyAC THRU LUNCH ADD AC THRU LUNCH ADD 3,688.00 SY Days:Rate:

Day:

Hour:

Labor
Equipment
Total Cost:

Unit Cost:0.00
3,688.00 1.00

1.00 SY
SY
$806.74
Actual: 1.00
$0.22
Labor Quantity DaysHours Unit Cost
OPER, FOREMAN GROUP 10OF12 1.00 0.50 HR 1.00 $45.56

91.12 OPER, O8 PAVER OPERATORO8POP 1.00 0.50 HR 1.00 $44.39 88.77 OPER, O8 SCREEDO8SC 2.00 0.50 HR 1.00 $88.77 88.77
OPER, O8 ROLLERO8R 3.00 0.50 HR 1.00 $133.16 88.77
LBR, GRP 4L4 3.00 0.50 HR 1.00 $105.75 70.50
LBR, GRP 4 CREW TRUCKL4CT 1.00 0.50 HR 1.00 $35.25 70.50 TMST, T-5 WATER TRUCKT5WT 1.00 0.50 HR 1.00 $35.23 70.46 Total$19.47 The total contains overtime cost of: $806.74318.63 Act
Note:

Bid Note:
%MUCost
Total Margin
Total Cost
Bond
Other
Sub/Service
Transportation
Material
Equip.Rent
Equip
Labor $63,826.96
$22,122.00
$4,152.00
$20,519.00
$6,240.00
$22,545.00
$18,200.00
$2,644.36
$160,249.32
$176,291.47
$16,042.15

10.01 %

10.01 10.00

10.00 10.00

10.00 10.00
Total Price

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Estimate
Date
4/15/2022
Estimate #
12718
Name / Address

MATICH CORPORATION
1596 E. HARRY SHEPPARD BLVD
SAN BERNARDINO, CA. 92408
ATTN: JAKE READE 909-228-1658

V&E TREE SERVICE

PUBLIC WORKS DEPARTMENT
PO BOX 3280
ORANGE, CA 92865

REDLANDS SENIOR CENTER
Estimated By:Dale Gee/John Payton
Accepted By:

Phone # Fax #
E-mail
Total
Customer Phone
909-382-7400
Customer Fax
909-382-0113
Price includes all materials, labor and taxes.

Payment due upon completion of work. Add 3.5% if paying with Credit Card.

Excludes any fees for bonds (Bid, payment or performance) This proposal is valid for 90 days
Project Name
Contractors License No. 654506 C27,
C61/D49 Exp. 9/30/22
D.I.R. #1000001936 Exp. 6/30/22
CA. STATE SBE 40675 Exp 3/31/24
[email protected]
714-637-4070714-997-0903
Description Total
LOCATION: REDLANDS SENIOR CENTER
1269 WASHINGTON ST. - REDLANDS
LS - REMOVE (1) SILK FLOSS TREE LOCATED IN PARKING LOT 3,500.00 1) Includes Clean up, Haul off and Disposal
2) Grind stumps to 18" max below existing grade
3) Excludes root chasing beyond 6' of tree
4) Haul stump mulch to existing grade only
5) Excludes backfill of soil and compaction
6) Not responsible for irrigation lines or unmarked utilities 7) Permits, Notification, Staking, Tagging and/or posting by others 8) Excludes traffic control, night work and dust control 9) Equipment access to be provided by others.
10) V&E is a union company signatory to the Laborers.
11) Includes Insurance aggregate of $5,000,000. Additional insurance costs not included. 12) V & E requires a minimum of 20 working days notice prior to start of any work. _____________________________________
$3,500.00

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To: Contact:Matich Corporation Jake Reade
Senior Center Parking Lot ImprovementsProject Name: Bid Number: 22300 Fax: (909) 382-0113San Bernardino, CA 92408
Address: 1596 Harry Sheppard Boulevard Phone: (909) 382-7400 Project Location: Redlands, CA Bid Date: 4/14/2022
Current Certifications (2022).pdfAttachments:

Total PriceUnit PriceUnitItem DescriptionItem # Estimated Quantity 1 1.00 LS $5,250.00 $5,250.00Layout & Install Parking Lot Striping 2 11.00 EACH $65.00 $715.00Supply & Install 4' Precast Concrete Wheelstop 3 11.00 EACH $285.00 $3,135.00Supply & Install ADA Parking Stall Sign(s) W/ New Telespar Post
4 4.00 EACH $250.00 $1,000.00Supply & Install Senior Center Only Parking Stall Sign W/ New Telespar Post
Total Bid Price: $10,100.00
Notes:
• Striping Proposal
A. A minimum of ten (10) working days prior notification is required for each mobilization.

B. The following materials and services are INCLUDED in this quote: Thermoplastic [No] Paint Stripe/Markings (2-Coat/Same Day) [Yes] Traffic Signs [Yes] Existing Thermo/Paint Removal [No] Temporary Striping [No] Post "No Parking" Advance Warning Signage [No] Curb Painting [No] Wheelstops [Yes] As-Built Plans [No]
C. Signs include the following: Telespar Post w/ Anchor & Sleeve [ Yes] Round/Wood Post [No] Decorative Posts [No] Concrete Footing [No] Strap & Saddle Bracket [No] Remove/Relocate Existing Sign Panels/Posts [No] Concrete Coring [No] Dig Alert Testing [No] Temporary Signage [No] New Sign Panels [Yes]
D. [ 1 ] Total mobilization is INCLUDED in this quote for permanent striping, signage and wheelstops. Additional mobilization charge:
$2,000.00 each.

E. Traffic control is INCLUDED in this quote for Cat Tracking Inc operations only (Per Work Area Traffic Control Handbook).

F. Pre-striping pavement preparation, including power sweeping, removal of concrete curing compound, steam cleaning and/or pressure washing if required, is to be done by others prior Cat Tracking Inc's arrival.

G. Prevailing wage rates are INCLUDED in our pricing.

H. Removal of existing striping/pavement markings and/or temporary striping are both NOT INCLUDED in our price.

I. Video recording and/or photographing of pre-existing conditions is NOT INCLUDED in our price.

J. Parking lot to be clear of all construction debris and/or vehicles prior to Cat Tracking Inc's arrival 4/14/2022 4:55:48 PM Page 1 of 2

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• Striping Proposal General Notes

1. Any required Testing, Engineering, Design, Permits, Licenses or Applications, and the like to be provided by others.

2. Prices are based on the Plans and Specifications available at bid time, including all addenda. Any request for work (post bid) under conditions differing from those represented by the Prime Contract Documents, including but not limited to; altered phasing or staging, design changes, modified layout resulting from plan errors or inaccurate designs, will require payment for additional work to be made to Cat Tracking Inc at an amount agreed upon prior to performing this work. If an amount cannot be agreed upon prior to performing the additional work the amount will be determined using Caltrans Force Account Rates or unit prices established in the bid pricing schedule, or a combination thereof; whichever method results in a higher overall payment.

3. Cat Tracking Inc is not responsible for delays caused by and or resulting from activities or non-activities of others, including but not limited to, owner, contractor, vendors, suppliers, other subcontractors and other factors not in direct control of Cat Tracking Inc. For the delays caused by the aforementioned, Cat Tracking Inc will be reimbursed for all direct and indirect costs plus a markup of forty percent (40%), or as specified and allowed by the Prime Contract if the delays are caused by the Owner. Cat Tracking Inc will be granted an extension of time to perform its work tantamount to the delays.

4. Cat Tracking Inc requires a ten (10) working day notice prior to commencement of any production activity. If any of Cat Tracking Inc's work will be a controlling operation on the critical path of this project, Cat Tracking Inc must be notified in writing prior to execution of the Subcontract Agreement and provided with a CPM schedule which details this work. Failure to provide this information will waive the Contractor's right to recover liquidated damages from Cat Tracking Inc for this work.

5. All changes to the original scope of work or proposed extra work must be directed by the Contractor in writing prior to Cat Tracking Inc. performing this work.

6. For the purpose of this Subcontract Quotation one (1) mobilization is considered to be: a period of consecutive eight (8) hour days of continuous work, not including weekends and holidays. Any discontinuities in this period, other than weekends and holidays, or for our own convenience, will be charged as an additional move-in at the Addition Mobilization Charge as quoted herein.

7. Cat Tracking Inc must receive a letter of intent to award us the subcontract no later than (20) calendar days after bid date or this Subcontract Proposal becomes null and void.

Payment Terms:

1. Contractor to provide monthly progress payments for all completed work in accordance with the bid pricing schedule. Monthly progress payments must be received in full by Cat Tracking Inc no later than Net 30 days after Cat Tracking Inc's invoice date. Delinquent payments will be subject to a 3% interest rate charge per month until payment is received by Cat Tracking Inc.

2. Retainage percentage on monthly progress payments to be no greater than the percentage retained by the Owner on its payments to the Contractor. If Owner reduces the retainage percentages on payments to the Contractor, the Contractor shall likewise reduce the retainage percentage on payments to Cat Tracking Inc. Full retention to be released no later than thirty (30) days after completion of Cat Tracking Inc's work. Excessive or delinquent retainage will be subject to the highest interest rate allowed by law.

ACCEPTED:

The above prices, specifications and conditions are satisfactory and are hereby accepted.

Buyer:

Signature:

Date of Acceptance:

CONFIRMED:

Cat Tracking Inc.

Authorized Signature:

Estimator: Arthur Garratt
(951) 682-1494 Ext. 205
[email protected]
4/14/2022 4:55:48 PM Page 2 of 2

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City Council/Financing Authority Meeting I. 20.

DATE: 05/17/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve Resolution No. 8318, adopting regulations for candidates for elective office pertaining to candidate statements submitted to the voters at an election (City Clerk Donaldson)
MOTION(S):

If the City Council determines that staff’s recommendation is appropriate, the following motion is provided:

I move to approve Resolution No. 8318.

RECOMMENDATION:

It is recommended that Council approve Resolution No. 8318, a resolution of the City Council of the City of Redlands, California, adopting regulations for candidates for elective office pertaining to candidate statements submitted to the voters at an election.

DISCUSSION:

Section 13307 of the California Elections Code provides that the governing body of any local agency adopt regulations pertaining to a candidate statement prepared by any candidate for a municipal election, including costs thereof. This resolution provides a written statement of those regulations and defines responsibilities for the administration of candidate statements.

ALTERNATIVES:

The Council may continue this matter to June 7, 2022.

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STRATEGIC PLAN:

Not Applicable
SUBMITTED BY:

Jeanne Donaldson, City Clerk
RECOMMENDED BY:

Charles M. Duggan Jr., City Manager
REVIEWED BY:

Daniel J. McHugh, City Attorney
Janice McConnell, Assistant City Manager
PREPARED BY:

Jeanne Donaldson, City Clerk
Fiscal Impact
Discussion:

There is no impact to the General Fund. Each candidate submitting a candidate statement for inclusion in the sample ballot will be required to pay in advance to the City his or her estimated pro rata share as a condition of having his or her statement included in the voter's pamphlet at the time the document is submitted. Following the election, the City Clerk will bill each candidate for any cost in excess of the deposit or refund any unused portion.

Attachments
Resolution No. 8318 Candidate Regulations

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1 L:\ca\Reso\8318 Regulations for Candidate Statements.docx

RESOLUTION NO. 8318

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS

ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE

PERTAINING TO CANDIDATE S STATEMENTS SUBMITTED TO THE

VOTERS AT AN ELECTION

WHEREAS, Section 13307 of the Elections Code of the State of California provides that, before the nominating period opens, the local agency for that election shall determine whether a charge shall be levied for the candidate’s statement sent to each voter. A written statement of the regulations with respect to charges for handling, packaging, and mailing shall be provided to each candidate or his or her representative at the time he or she picks up the nomination papers;

NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF REDLANDS does hereby resolve, declare, determine and order as follows:

Section 1. General Provisions. Pursuant to Section 13307 of the Elections Code of the State of California each candidate for elective office to be voted for at the general municipal election to be held in the City of Redlands may prepare a candidate statement on an appropriate form provided by the City Clerk. The statement may include the name, age, and occupation of the candidate and a brief description of no more than 200 words of the candidate's education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in the Office of the City Clerk at the time the candidate's nomination papers are filed. Except as provided in Section 13309 of the California Elections Code, the statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 P.M. of the next working day after the close of the nomination period.

Section 2. Foreign Language Policy.

A. Pursuant to the Voting Rights Act, the City is required to translate candidate s’ statements into the following language: Spanish.

B. Pursuant to State law, the candidates’ statement must be translated and printed in any language at the candidates’ request.

C. The City Clerk shall have all candidate s’ statements translated into the language specified in paragraph A, above, and print any translations of candidates who so request printing in the voters’ pamphlet.

Section 3. Payment. The candidate shall be required to pay for the cost of printing his or her candidate statement in English in the voters’ pamphlet and shall also be required to pay for the cost of translating and printing the statement into any required foreign language as specified in (a) and (b) above pursuant to State and/or Federal law. The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidate statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965, as

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amended, and require each candidate filing a statement to pay in advance to the City his or her estimated pro rata share as a condition of having his or her statement included in the voter's pamphlet. In the event the estimated payment is required, the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements.

Accordingly, the City Clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the City Clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the City Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election.

Section 4. Additional Materials. No candidate will be permitted to include additional materials in the sample ballot package.

Section 5. The City Clerk shall provide each candidate, or the candidate s’ representative, a copy of this resolution at the time nominating petitions are issued.

Section 6. All previous resolutions establishing City Council policy on payment for candidate statements are repealed.

Section 7. This resolution shall apply at the next ensuing municipal election and at each municipal election after that time.

Section 8. The City Clerk shall certify to the passage and adoption of this resolution.

ADOPTED, SIGNED AND APPROVED this 17th day of May, 2022.

________________________________
ATTEST: Paul T. Barich, Mayor

_____________________________
Jeanne Donaldson, City Clerk

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I, Jeanne Donaldson, City Clerk of the City of Redlands, California, do hereby certify that the foregoing Resolution No. 8318 was duly adopted by the City Council at a regular meeting thereof held on the 17th day of May, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

______________________________
Jeanne Donaldson, City Clerk

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City Council/Financing Authority Meeting I. 21.

DATE: 05/17/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve an agreement between the City of Redlands and the University of Redlands for event services for the Redlands Emergency Services Academy, and determine that approval of the agreement is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act (Police Chief Catren) MOTION(S):

If City Council determines that staff's recommendation is appropriate, the following motions are provided:

I move to determine that approval of the agreement is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act; and

1. I move to approve the agreement between the City of Redlands and the University of Redlands for event services for the Redlands Emergency Services Academy.

2. RECOMMENDATION:

Staff recommends that the City Council approve the agreement between the City of Redlands and the University of Redlands for event services for the Redlands Emergency Services Academy beginning Wednesday, July 13, 2022, through Wednesday, July 20, 2022, and determine that approval of the agreement is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act.

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DISCUSSION:

The Redlands Emergency Services Academy (RESA) is a partnership with the Redlands Police Department, Redlands Fire Department, Crafton Hills College, and the University of Redlands to provide graduating high school students with a rigorous, hands-on introduction to public safety careers. The week-long academy gives local students interested in careers in emergency services an opportunity to learn from Redlands police officers and firefighters. Many participants have gone on to careers in both fields. For over twenty years, the University of Redlands has provided RESA with the use of their facilities to include housing, meeting rooms, and meals. The agreement incorporates costs associated with RESA program activities that take place on the campus. A portion of these costs are underwritten by the University of Redlands. The remaining costs will be funded through donations from the community and local organizations. Currently, RESA has applied for several donations, including a $28,000 grant from San Manual Band of Mission Indians, a $5,000 grant from Stater Brothers, a $500 donation from Redlands Police Officers' Association, and a $500.00 donation from Redlands Professional Firefighters' Association.

The total cost for the University of Redlands, including sleeping rooms, facility rentals, and meals is $52,198.12. The University of Redlands and Harvest Table have agreed to underwrite (donate) $48,554 for sleeping rooms, meals, and facility rentals. This leaves RESA responsible for $3,644.12 to cover meals and custodial services. This amount is covered by the grants/donations, leaving no fiscal impact to the General Fund.

ALTERNATIVES:

Do not authorize the agreement between the City of Redlands and the University of Redlands.

STRATEGIC PLAN:

Not applicable.

SUBMITTED BY:

Christopher R. Catren, Chief of Police
RECOMMENDED BY:

Charles M. Duggan, Jr., City Manager
REVIEWED BY:

Daniel J. McHugh, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director

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Danielle Garcia, Management Services/Finance Director
PREPARED BY:

Sergeant Dominick Povero, Police Department
Fiscal Impact
Fiscal Year: FY 2022-23
Appropriation Required Y/N: No
Discussion:

There is no fiscal impact to the General Fund. The costs of the program will be fully covered by grants and/or donations.

Attachments
RESA Agreement
EHSE Guidelines
RESA EHSE Guideline Adherence Addendum
RESA Temporary COVID Update

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(909) 748-8116
[email protected]
-servicesventwww.redlands.edu/e
Redlands, CA 92373
PO Box 3080
1200 East Colton Avenue
ServicesEventUniversity of Redlands RESA-Redlands Emergency Services AcademyOrganization:

Mead, ChrisClient Contact:
1270 W Park Ave
Redlands CA 92373
Address:

Phone: (909) 556-6509
[email protected]:

EVENT SERVICES AGREEMENT
This is an agreement by and between the University of Redlands, a California nonprofit educational corporation with multiple campuses in California (the “University”) and RESA-Redlands Emergency Services Academy , herein (the “User”).

Essentially, the User is agreeing to rent space from, and utilize the services of, the University on the terms and conditions specified in this agreement (the “Agreement”).

Agreement Issue Date: May 17, 2022
Agreement Expiration Date: May 31, 2022
To give the User time to review, consider, and finalize this Agreement, the University will reserve the event dates and event spaces that are the subject of this Agreement until the Agreement Expiration Date as a courtesy to the User. If the User has not returned the completed/executed Agreement, together with any required deposits and documents, the User understands that the University may release, and not hold, the dates and spaces.

Subject of this Agreement: Redlands Emergency Services Academy (RESA) - 2022-ABJZMM

RESERVATIONS
Wednesday, July 13, 2022
12:01 AM - 11:59 PM
Williams Hall (140)
Expected Attendance:3007:00 AM - 08:30 AM
Breakfast at The Table
Expected Attendance:3008:00 AM - 10:00 PM
Larsen Hall Rm 127

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Redlands Emergency Services Academy (RESA) - 2022-ABJZMM Wednesday, July 13, 2022
Expected Attendance:3005:00 PM - 06:30 PM
Dinner at The Table
Thursday, July 14, 2022
12:01 AM - 11:59 PM
Williams Hall (140)
Expected Attendance:3007:00 AM - 08:30 AM
Breakfast at The Table
Expected Attendance:3008:00 AM - 10:00 PM
Larsen Hall Rm 127
Expected Attendance:3005:00 PM - 06:30 PM
Dinner at The Table
Friday, July 15, 2022
12:01 AM - 11:59 PM
Williams Hall (140)
Expected Attendance:3007:00 AM - 08:30 AM
Breakfast at The Table
Expected Attendance:3008:00 AM - 10:00 PM
Larsen Hall Rm 127
Expected Attendance:3005:00 PM - 06:30 PM
Dinner at The Table
Saturday, July 16, 2022

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Redlands Emergency Services Academy (RESA) - 2022-ABJZMM Saturday, July 16, 2022
12:01 AM - 11:59 PM
Williams Hall (140)
Expected Attendance:3007:00 AM - 08:30 AM
Breakfast at The Table
Expected Attendance:3008:00 AM - 10:00 PM
Larsen Hall Rm 127
Expected Attendance:3005:00 PM - 06:30 PM
Dinner at The Table
Sunday, July 17, 2022
12:01 AM - 11:59 PM
Williams Hall (140)
Expected Attendance:3007:00 AM - 08:30 AM
Breakfast at The Table
Expected Attendance:3008:00 AM - 10:00 PM
Larsen Hall Rm 127
Expected Attendance:3005:00 PM - 06:30 PM
Dinner at The Table
Monday, July 18, 2022
12:01 AM - 11:59 PM
Williams Hall (140)
Expected Attendance:3007:00 AM - 08:30 AM
Breakfast at The Table

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Redlands Emergency Services Academy (RESA) - 2022-ABJZMM Monday, July 18, 2022
Expected Attendance:3008:00 AM - 10:00 PM
Larsen Hall Rm 127
Expected Attendance:3005:00 PM - 06:30 PM
Dinner at The Table
Tuesday, July 19, 2022
12:01 AM - 11:59 PM
Williams Hall (140)
Expected Attendance:3007:00 AM - 08:30 AM
Breakfast at The Table
Expected Attendance:3008:00 AM - 10:00 PM
Larsen Hall Rm 127
Expected Attendance:3005:00 PM - 06:30 PM
Dinner at The Table
Wednesday, July 20, 2022
12:01 AM - 11:59 PM
Williams Hall (140)
Expected Attendance:3007:00 AM - 08:30 AM
Breakfast at The Table
Expected Attendance:3008:00 AM - 10:00 PM
Larsen Hall Rm 127
Reserved from 04:00 PM to 09:00 PM05:00 PM - 08:00 PM
Casa Loma Room

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Redlands Emergency Services Academy (RESA) - 2022-ABJZMM This space intentionally left blank.

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Redlands Emergency Services Academy (RESA) - 2022-ABJZMM

FINANCIALS
Sub Total for Jul 13 2022AdjustmentList Price
$.00Harvest Table SponsorshipStandard Breakfast ($10.35, plus tax) (100%)$2,484.00 $.00
Sub Total for Jul 20 2022AdjustmentList Price
Casa Loma Room $3,500.00 (100%) University Sponsorship $.00 $82.64Custodial - COVID $82.64
$82.64
Sub Total for Jul 13 2022AdjustmentList Price
Larsen Hall Rm 127 $6,800.00 (100%) University Sponsorship $.00 $661.12Custodial - COVID $661.12
$661.12
Sub Total for Jul 13 2022AdjustmentList Price
$2,900.36Standard Dinner ($12.70, plus tax) $2,667.00
$2,900.36
Sub Total for Jul 13 2022AdjustmentList Price
Williams Hall (140) $35,770.00 (100%) University Sponsorship $.00 $.00
$2,915.30: (80%)Minimum Revenue Requirement
$911.03Non-Refundable Reservation Deposit (25%):
$3,644.12TOTAL MINIMUM INITIAL PROJECTED AMOUNT:

This space intentionally left blank.

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Redlands Emergency Services Academy (RESA) - 2022-ABJZMM A FINAL rooming list of all guests must be submitted to Event Services no less than fourteen (14) days C. Rooming List
twenty-one (21) days prior to the first day of guest arrival.

Check-in and check-out times and locations must be arranged and approved by Event Services no less than B. Check-In and Check-Out
communicate any such changes to the User in a timely manner. becomes necessary, the University will provide comparable residence hall/apartment space and will change specific residence hall/apartment assignments as necessary for University business. If a change Although it is rare, and the University seeks to avoid any changes, the University reserves the right to Specific Residence Hall/ApartmentsA.
. apply
When residence halls and/or apartments are included in a reservation, the following terms and conditions will HOUSINGIII.
group with the venues that are available.
(including housing). Strong pre-planning will allow us to create a program that meets the needs of your entire User communicates as early as possible in the planning process with regard to attendees with special needs fully accessible because of the age of the building/venue. To provide for all individuals, it is imperative that the varying degrees on our campus. Despite our efforts to be inclusive, some buildings and other venues are not The University of Redlands strives to be inclusive of all individuals with disabilities and/or limited mobility of the alternate location.
circumstances. In the event a function is moved, the University agrees to provide directions and assistance on due to inclement weather (including excessive heat and/or poor air quality), construction, or other unforeseen make the final decision concerning the suitability of holding a function outdoors or relocating to an indoor space Although collaboration between the University and the User is expected, the University reserves the right to communicate any such changes to the User in a timely manner.

University will move the event/function to a comparable and adequate venue on the University campus and will specific venue assignments as necessary for University business. If a change becomes necessary, the Although it is rare, and the University seeks to avoid any changes, the University reserves the right to change first day of guest arrival will be accommodated if possible, but are not guaranteed. the first day of guest arrival. Any set-up specifications submitted less than twenty-one (21) days prior to the request specifying the room set-up specifications and/or diagrams no less than twenty-one (21) days prior to If the User wants the venue(s) set up in a particular way, the User must submit to Event Services a written arranged with additional costs.
available from the University’s inventory and located in the venue. Other equipment and services may be only (a) exclusive use of the reserved venue during the reserved days/times and (b) existing tables and chairs The University has venues that may be available for rental throughout the year. Fees for venue rentals include VENUE(S)II.
. initial projected amount specified in the Agreement
the University has received a non-refundable reservation deposit in the amount of 25% of the total minimum A reservation becomes effective after (a) the Agreement is signed by both the University and the User and (b) issued.

If the University is able to accommodate the additional reservations an addendum to this Agreement will be adjustment. Requests for additional reservations are not guaranteed, but will be accommodated when possible. plans, equipment, or services be requested, the User must submit to the University a written request for the cleanup, including any time needed by User’s external vendors. Should additional venues, housing, food service Agreement. User’s reservation must include the time needed for pre-event preparations and post-event The University will reserve the venue(s), housing, food service plans, equipment, and services as outlined in this RESERVATIONI.

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Page 8 of 20 ends

Redlands Emergency Services Academy (RESA) - 2022-ABJZMM Breakfast 07:00 AM-09:30 AM, Lunch 10:45 AM-01:30 PM, and Dinner 05:00 PM-06:45 PM Fridays
Breakfast 07:00 AM-09:30 AM, Lunch 10:45 AM-01:30 PM, and Dinner 05:00 PM-07:30 PM Monday-Thursday
a. September-May
B. Regular Dining Hours at The Table
on the Redlands campus without prior written approval from Harvest Table and Event Services. and beverage services on the University’s Redlands campus. No external food or beverages may be brought The University has an exclusive contract with Harvest Table Culinary Group (“Harvest Table”) for all food A. Exclusive Provider
When food service plans are included in a reservation, the following terms and conditions will apply.

FOOD SERVICE PLANSIV.
fourteen (14) days prior to the first day of guest arrival and cannot be added after this date.

Pillows are available to rent at $4.00 each, per seven (7) day period. Pillows must be ordered no less than H. Pillows
fourteen (14) days prior to the first day of guest arrival and cannot be added after this date. pillow, two sheets, pillowcase, blanket, bath towel, and wash cloth. Linens must be ordered no less than Linens are available to rent at $20.00 per packet, per seven (7) day period. Each linen packet includes a G. Linens
All calls for assistance should be made to Public Safety at 909-748-8888.

Any questions or services required after hours will be handled by the University’s Public Safety Department.

F. After Hours
repair, emergency, or compliance with University policies without prior notification to the User. circumstances shall the University enter a room for any reason other than health, safety, maintenance and inspection, for repair, or in any situation deemed by the University to be an emergency. Under no inspect the premises for the purposes of maintaining health and safety, for reasonable maintenance The University reserves the right to enter any housing provided to the User pursuant to this Agreement to E. Right of Entry
residence hall or apartment.
plans provided by the University. Under no circumstances may attendees sleep on the floor of any more than the number of persons per established sleeping room, unless otherwise designated on floor To meet fire codes and ensure personal safety, room capacities in the residence halls shall be limited to no D. Safety Requirements
it is due to guest behavior.
comparable room. The User will not be charged for any room assignment initiated by the University unless The University may, in its sole discretion, reassign any guest within the residence halls/apartments to a All rooming lists must be legible and include participants’ first and last names. reported to Event Services.
changes are handled by the User’s conference registrar, event planner, or representative and must be The University will provide hall charts and diagrams for the User to make room assignments. Room first and last names, (2) arrival and departure dates, and (3) room assignment. prior to the first day of guest arrival. The FINAL rooming list must include the following: each guest’s (1)

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Redlands Emergency Services Academy (RESA) - 2022-ABJZMM The perimeter fence must be diagramed by Event Services and submitted to Harvest Table for approval a In order to serve alcohol at an outdoor venue, perimeter fencing must be provided at the User’s expense. minimum of thirty (30) days advanced notice of a bar/alcohol request. requires state regulated training for bartenders and wait staff that handle alcohol. Harvest Table requires a alcohol available for an event at the University. Harvest Table carries the appropriate liquor licenses and Harvest Table Culinary Group (Harvest Table) is the only organization that is permitted to bring to or have prohibited by California law.

The possession or consumption of alcoholic beverages by anyone under the age of twenty-one (21) is H. Alcoholic Beverages
either meal cards or catered events.
relate to meal cards and/or catered events. User accepts all responsibility for guaranteed numbers given for will the University accept responsibility for miscommunication or overlap of guaranteed numbers as they The Table and which meals will be handled through a Harvest Table catered event. Under no circumstances It is the responsibility of the User to notify the University as to which standard meals will be provided at for catering.

Harvest Table. The University is not involved in catering arrangements and does not accept responsibility Catering arrangements, including any financial obligations, must be made directly between the User and G. Catering
for each new card.

A replacement fee will be incurred be notified immediately to cancel the card and have a new card issued. less than twenty-one (21) days prior to the first day of guest arrival. If a card is lost, Event Services must notify Event Services of the number of cards ordered and the monetary value to be placed on each card no each card. The User will only be charged for the value charged to the cards. If User wishes to order cards, Harvest Table debit cards may be issued at the User’s request and have a specific value associated with . Harvest Table Debit CardsF
meal plan
their standard meal plan or additional meal events that change the number of guests using their standard GUARANTEE is received for any reason including, but not limited to, guests who do not show up and use contact Event Services to update. Numbers for standard meal plans may not be reduced once the FINAL meal plan configurations. Should the User’s numbers increase after the FINAL GUARANTE has been given, (21) days prior to the first day of guest arrival. User can have no more than three (3) different standard User must submit a FINAL GUARANTEE for standard meal plans to Event Services no less than twenty-one E. Final Guarantee for Standard Meal Plan
cancel the pass and have a new pass issued. A replacement fee will be incurred for each new pass. the requested dates and meal plans. If a meal pass is lost, Event Services must be notified immediately to If requested, meal passes will be supplied by the University to the User. These passes are programmed for Passes. Meal D
numbers, along with other potential users or diners eating during User’s stay (50) guests there will be a surcharge on each meal. A surcharge will be determined based on User guest (“The Table”). Harvest Table needs a guarantee of fifty (50) guests to open The Table. If User is below fifty Prices specified in the Agreement reflect the standard meal plans at The Table in The Irvine Commons Standard Meal PlansC.

Breakfast 07:00 AM-08:30 AM, Lunch 11:30 AM-01:00 PM, and Dinner 05:00 PM-06:30 PM b. June-August
Brunch 10:00 AM-02:00 PM and Dinner 05:00 PM-06:30 PM
Saturday-Sunday

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Page 10 of 20 ends

Redlands Emergency Services Academy (RESA) - 2022-ABJZMM Event Services.

A $25.00 fee will be assessed for returned checks. Questions regarding billing should be addressed with Redlands, CA 92373
1200 East Colton Avenue
Event Services Department
University of Redlands
should be sent to the following address:

Payment may be made by credit card or a check (made payable to “University of Redlands”). Payment . PaymentC
billable amount for all events.

The User understands and agrees that the University adds a service fee of five percent (5%) to the final . Service FeeB
plus Additional Charges as outlined below

3. The actual number of guests, venues, housing, and food service plans if higher than final guarantees, than actual numbers, plus Additional Charges as outlined below. standard meal plans (submitted twenty-one (21) days prior to the first day of guest arrival) if greater (submitted fourteen (14) days prior to the first day of guest arrival), and the final guarantee for twenty-one (21) days prior to the first day of guest arrival), the final rooming list of all guests

2. The final requested room set-up specifications and/or diagrams of all needed venues (submitted circumstances with the User be charged less the Minimum Revenue Requirement.

1. The Minimum Revenue Requirement, plus Additional Charges as outlined below. Under no criteria detailed below, and will be whichever is greatest of the following:
actual number of guests or spaces and equipment used. Final invoices will be calculated based on the User understands and fully accepts the Minimum Revenue Requirement due to the University no matter the Projected Amount, and multiplying this figure by 80%.
of the Venues, Housing, Food Service, and other billable expenses which equal the Total Minimum Initial User will be billed a Minimum Revenue Requirement which is determined by adding the total dollar values A. Minimum Revenue Requirement
.The following financial terms and conditions apply to this Agreement FINANCIAL TERMS AND CONDITIONSVI.
must be specifically arranged and agreed upon.
printing services, or use of the University’s Outdoor Programs equipment. Additional services and equipment venue rental rates. Common services or equipment include audio-visual services or equipment, IT services, Sometimes Users arrange for additional services or equipment from the University that are not included in the ADDITIONAL SERVICES AND/OR EQUIPMENTV.
removal of the guests from the residence hall at the University’s sole discretion.

Alcohol is not permitted in the residence halls. Violation of this Agreement may result in the immediate assessments, and liability of any nature as a result of the above. and well-being of all guests. In addition, the User will be responsible for all fines, loss of business, function entirely at the User’s expense. User shall be responsible for providing transportation for the safety the university or Harvest Table reserves the right to close the bar immediately and/or terminate the onto the premises without prior written approval, or allows any minor to consume any alcoholic beverage, Should the University or Harvest Table determine any User or User’s guest has brought any type of alcohol made.
minimum of thirty (30) days prior to the event date. Once the diagram is approved, changes cannot be

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Page 11 of 20 ends

Redlands Emergency Services Academy (RESA) - 2022-ABJZMM the University whether the User arranges for these services or equipment directly or whether the financial responsibility for any and all services or equipment rentals obtained from providers outside Sometimes Users need services or equipment that are not available from the University. User accepts

4. Services or Equipment from Outside the University additional charges.

Services or Equipment, IT Services, Printing Services, and Outdoor Programs equipment will incur Services or Equipment ordered through the University including, but not limited to, Audio-Visual

3. Services or Equipment from the University
University’s unilateral judgments about cleaning.
obligation to exercise that discretion in a reasonable manner. The User agrees to respect the decisions regarding the necessity of cleaning are unilaterally made by the University which is under an goes beyond light cleaning will be billed to the User at the hourly cleaning rate then in effect. All will be charged for this basic cleaning as it is included in the rental fee. Cleaning that is required that vacuuming venue and sanitizing of bathrooms), both before and after the event. No additional fees The standard rental of any venue on campus includes a basic “light-cleaning” (which includes any property, items, or material goods left in the venue or on University property. venue or University location. The University is not responsible for the delivery, storage, or protection of charge of $300.00 will be assessed to the User for rental items left by User or service providers in any removed upon departure. No rental items are to be left on University property overnight. A minimum plates, bottles, or linens on lawns are to be picked-up. Rental items from service providers must be contracted venue(s). Any glass breakage is to be swept up and removed from the premises. Any be removed prior to departure. All trash must be placed in the trash receptacles in or near the Each User (and User’s service providers) will be responsible for general cleanup. All decorations must

2. Cleaning
judgments about damages.
that discretion in a reasonable manner. The User agrees to respect the University’s unilateral regarding damages are unilaterally made by the University which is under an obligation to exercise possible, the date and time they occurred (or were discovered) along with a photograph. All decisions University will provide as much detailed information concerning the location of damages and, if providers. Reasonable wear and tear is not considered to be “damages.” Should damages occur, the The User is responsible for all damages caused by User, User’s guests/attendees, and/or User’s service

1. Damages
. Additional ChargesF
including but not limited to late fees.

The User specifically agrees to be responsible for any and all charges levied consistent with this Agreement, .charged at a rate of 5% every fourteen (14) days
balance due as stated on the invoice within thirty (30) days of the invoice date will result in late fees being The User agrees to pay any invoice within thirty (30) days after receipt of the invoice. Failure to pay the unpaid balances/amounts and any charges incurred during the event as provided for in this Agreement.

Following the conclusion of the event, the University will mail to the User a final invoice that captures any . Payment ScheduleE
The deposit will be applied to the User’s full invoice or to any cancellation fee that may apply. executed and when the University receives payment a deposit (see above). Deposits are non-refundable.

The reservation that is the subject of this Agreement becomes effective when both the Agreement is fully . Deposit Payment D

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Redlands Emergency Services Academy (RESA) - 2022-ABJZMM . policy
to by User. Rescheduling an event is considered the same as cancellation and is subject to the above entire cost of the event as specified in the Agreement, together with any costs already incurred and agreed received by the University ninety (90) days or less before the event date will result in a forfeiture of the the deposit User made, together with any costs already incurred to outside vendors. A cancellation that is is received by the University more than ninety (90) days prior to the event date will result in a forfeiture of User must give written notice of any event cancellation or termination of the Agreement. A cancellation that B. Termination of Agreement by the User
under the Agreement absent a force majeure event.

The University does not have the right unilaterally to cancel this Agreement or terminate its obligations A. Termination of Agreement by the University
TERMINATION/CANCELLATIONVII.
for general usage. Fitness Center usage is restricted to persons eighteen (18) years or older being open during the User’s event and Fitness Center passes must be used during the posted hours seven (7) day period. The availability of Fitness Center passes is contingent upon the Fitness Center Fitness Center passes are available at a cost of $10.00 per guest. Fitness Center passes are valid for a

10. Fitness Center Passes
pool pass.
who is under the age of sixteen (16) years must be accompanied by a responsible adult who also has a and pool passes must be used during the posted hours for general usage. Any guest using the pool period. The availability of pool passes is contingent upon the pool being open during the User’s event Pool passes are available at a cost of $10.00 per guest. Pool passes are valid for a seven (7) day

9. Pool Passes
of $500.00 each. There are NO exceptions to the return timeline. event or not returned during check-out or within eight (8) hours after check-out will be assessed a fee will be assessed a fee of $50.00 each for residence hall/apartment keys. Master keys lost during the Keys lost during the event or not returned during check-out or within eight (8) hours after check-out

8. Lost Keys
outlined in HOUSING, Rooming List.
beyond the FINAL rooming list due date until the User’s rooming list is received by the University – The University reserves the right to charge the User a late fee of up to $200.00 per day for each day sLate Housing List. 7
average hourly cost of the rental).
established in the Agreement (the rate for extra-contractual time will be a minimum of 150% of the agrees that the User will be billed for the additional rental time, rounded up to the next hour, at a rate tear-down. If the User exceeds the time limits established in the Agreement, the User understands and User’s reservation must include the time needed (including time for User’s venders) for set-up and

6. Time Charges
specifications and/or diagrams due date.
to charge the User a late fee of up to $200.00 per day for each day beyond requested room set-up the final venue setup is submitted (or if the setup is submitted late), the University reserves the right University inventory limits for the reserved venues. If the User changes the setup or arrangement after Rental fees include University setup and take down service for the existing tables and chairs based on

5. Room Setup Changes or Late Submissions
User’s direction).
services or equipment are arranged by the University on behalf of the User as a courtesy (and at the

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Redlands Emergency Services Academy (RESA) - 2022-ABJZMM machine is strictly prohibited.

Services office. Use of confetti, straw, bird seed, rice, silly string, powder, sparklers, glitter, or smoke any area of the University. If directional signs are posted outdoors, they must be placed by the Event block vision of emergency exit signs. No items, including pictures, may be removed from walls or shelves in attach decorations to antique furniture, ceiling fixtures, windows, or doors. No items can be attached to or Decorations may be attached by using reusable all surface poster tack (painter’s tape). User may not clay, tacks, screws, nails, or any other adhering devise to any indoor or outdoor property at the University.

Users may only decorate the venue(s) reserved within this Agreement. Users may not attach tape, florist C. Decorations
residence halls.
makers with an automatic shut-off. Appliances which have an open coil or use hot oil are not allowed in Guests may not bring their own refrigerator or microwave. Guests may bring and use in their rooms, coffee B. Cooking Appliances
permitted inside any building.
each residence hall. The University is not responsible for the security of bicycles. Motorbikes are not Bicycles may not be brought into or kept in residence halls. Ample parking for bicycles is available near A. Bicycles
MISCELLANEOUSX.

Non-cancelable costs are defined as third party costs for services already rendered or items already consumed. by the University of Redlands before the event that occasioned the delay, interruption, or prevention. therefore, except, however that the User shall remain liable for all non-cancelable costs paid and/or contracted power failures or interruptions, or any other cause beyond its control, such party shall not be liable to the other enactment, regulation or order, civil tumult, pandemic, epidemic, telecommunications failures, network or of an act of nature, fire, flood, war, public disaster, acts of terror, strikes or labor difficulties, governmental If either party is delayed, interrupted or prevented from the performance of its contractual obligations by reason FORCE MAJEUREVIX.
service of process may be made, and currently rated by A.M. Best as “(A-) IX” or better.

California or eligible surplus lines insurer acceptable to the State and having agents in California to whom Each insurance policy shall be issued by an insurance company authorized to do business in the State of limits.

If the client is bringing workers on campus for the event, workers comp is required at the state-mandated If the event includes the use of an automobile for the purposes of the activity, automobile insurance is required. that apply to coverage for sexual misconduct the Certificate of Insurance must define those limits or exclusions. aggregate. Note: If the General Liability coverage has any sub-limits or exclusions inconsistent with the above sexual molestation, abuse, and harassment) with limits of no less than $1,000,000 per occurrence/$2,000,000 then the General Liability insurance policy must provide coverage for sexual misconduct (including by definition If in connection with this Agreement, User or guests of User will include persons under the age of eighteen (18), .Agreement date
certificate of liability insurance must be received by the University thirty (30) days from the The carrier in the amount of $1,000,000 for each occurrence and $2,000,000 for general aggregate. additional insured on a primary and non-contributory basis. A certificate of insurance should be issued by the Comprehensive General Liability insurance must list the University, its Officers, Employees, and Trustees as anniversaries, graduation parties, etc.
for a nominal fee. This service works for events that are personal in nature - i.e. weddings, parties, homeowner's insurance company. Most insurance companies will provide a rider policy for the day of the event www.marshcampus.com. A certificate of insurance can also be obtained through an existing business or cost is based upon the type of event and number of expected guests, with more details provided at of insurance can be purchased through Marsh, the University of Redlands special event insurance partner. The The University requires all non-university events to carry comprehensive general liability insurance. A certificate INSURANCEVIII.

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Redlands Emergency Services Academy (RESA) - 2022-ABJZMM computer lab without supervision.
hours when available to the public. Children under the age of eighteen (18) may not be left in any Internet access is also available on campus computers, including in Computer Labs and the Library during in inability to provide access to campus internet.
arranged in advance at an additional cost. Failure to submit a request in advance may, on occasion, result guaranteed. If internet access is essential for the event, such access must be specifically requested and to the University. Typically, internet access can be arranged without additional cost; internet access is not Requests for internet access for User and User’s attendees while on campus must be submitted, in writing, J. Internet
also is, of course, prohibited and grounds for immediate removal. immediate removal from the campus. Additionally, illegal harassment based on protected characteristics aggressive tactics to engage students, staff, or faculty. Failure to abide by this policy will result in University campus. External clients including conferences, meetings, or special events may not use The University prohibits aggressive recruitment through proselytizing, selling, etc. to any persons on the I. Harassment
Gambling of any nature is strictly prohibited on University property.

H. Gambling
an enjoyable one.
routinely for these pests. Your support and diligence in observing this regulation will help make your visit is not unusual for ants to be found on the 3rd floor of dormitories and classrooms. The University sprays immediately drawn to open food and soda containers. Crumbs also draw these insects from other areas. It year old campus is located on the site of former citrus groves. There is a massive ant population which is venues that do not have kitchens. Food and sugar-filled sodas attract ants and cockroaches. The 100+ The University strongly discourages food and soft drinks in the dormitories, classrooms, and meeting G. Food Outside of the Irvine Commons
forbidden and will result in damage charges to the User and to prosecution. (sprinkler systems, smoke detectors, fire alarms, pull stations, fire extinguishers, and fire hoses) is strictly User should familiarize all attendees with these routes. Misuse or damage to fire safety equipment immediately when the fire alarm sounds. Maps describing evacuation routes are posted within each venue.

All University venues are equipped with fire safety systems. All attendees must evacuate the building F. Fire Safety
misuse. Notify the University immediately if an elevator failure occurs.

Misuse may result in temporary loss of service and/or a service charge for repairs resulting from that Elevators exist in some University venues for the convenience of guests. Elevators must be used properly.

E. Elevators
local law enforcement for possible prosecution.
under a no tolerance policy and will also report any instances of substance abuse, possession, or sale to residence hall, and dismissal from participation in activities on University property. The University operates not. Non-compliance by anyone associated with the User will result in immediate removal from the is strictly prohibited, including the use of medical marijuana whether a medical marijuana card is issued or User and User’s guests’ involvement in the use, possession, distribution, or sale of illegal drugs or narcotics D. Drugs
and/or decorating policies may result in additional fees for damage or excessive cleaning. conclusion of the event. Failure of the User, their guests, or service providers to abide by the building Any decorations, flower arrangements, or additional items brought in by the User must be removed at the allowed in indoor venues. Users must place protective drip plates under candles.

No open flames of any kind may be used at outdoor events. Only votive candles and hurricane lamps are

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Redlands Emergency Services Academy (RESA) - 2022-ABJZMM being used.

Please check with the university before shipping packages to confirm that the correct shipping address is proper handling: User group and person’s name, Attention: Event Services. shipping labels must have the following information, in addition to the designated mailing address for coordinate receipt of all packages. Packages can be received Monday-Friday 08:00 AM-04:30 PM. All User will inform the University of Redlands of any materials being shipped to the campus in order to N. Packages
University standards.

The University reserves the right to evict any person or persons whose conduct is unacceptable by M. Misconduct
User’s live-in advisors.
regarding medical treatment for any of the User’s minors are the sole responsibility of the User and the medical consent form is required before medical treatment can be administered to any minor. All decisions all minors. These forms must be signed by the participant’s parent or legal guardian. An authorized Medical Consent Forms. Prior to check-in, the User must have in its possession, medical consent forms for that number at all times.
through the use of a shared pager or cell phone, one person must be designated to respond at the group. While this responsibility may be shared by all of the User’s, live-in advisors must provide the University with a 24-hour contact number for a designated live-in advisor for the adult sponsor(s) responsible for the User’s minors at the University. Additionally, User iv. At check-in, the User must provide the University with the name(s) and phone number(s) of iii. Enforcing User’s and University’s rules.

LOCATIONS at ALL TIMES when minors are present.
ii. Being present and available and actively monitoring participant activity in ALL CAMPUS with problem solving and accounting for their presence, health and safety. i. Knowing minors to the extent that they can be identified and called by name. Assisting them minimum duties:
b. The duties of advisors shall be clearly and explicitly defined and must include the following meet with the University’s representative prior to minors’ arrival. a. User must arrange for an orientation session upon arrival of live-in advisory staff for them to

2. User must provide adequate training and orientation for these advisors. minor participants.

1. User must provide adult, live-in advisors at a ratio of at least one (1) adult advisor for every ten (10) requirements for supervision of minors:

All groups whose participants are under the age of eighteen (18) must adhere to the following L. Minors (under the age of eighteen (18))
and others is expected at all times.
diverse backgrounds. Courtesy towards others, both within the User’s group and between the User’s group The use of foul language and profanities is discouraged at all times. The University hosts many groups with K. Language
content downloaded by the User or User’s attendees.

User. All downloads are done at User’s own risk. User accepts full responsibility for the legality of all responsibility for the safety of information downloaded by the User or any individual associated with the over-the-air nature, wireless communications are vulnerable to intrusive attacks. The University accepts no The campus wireless network is a common means for people to access internet services. Due to its

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Redlands Emergency Services Academy (RESA) - 2022-ABJZMM proposed publication to the University for written approval in order to ensure that University services and services are mentioned, or in which any University venues are pictured, User must send a draft of such Before the User prints or distributes any publication or other material in which the University venues and/or T. Publications and Sales
For emergency situations, Public Safety should be called at 909-748-8888. halls.
to be either hazardous or inappropriate to a group living environment that is brought into the residence University staff will require participants to remove any pet, bicycle, or any item deemed by the University an emergency.
safety, for reasonable maintenance inspection, for repair or in any situation deemed by the University to be University staff may enter any room, including any guest room, for the purpose of maintaining health and S. Public Safety
pool privileges with no refund of the pool pass fees.
must be followed at all times. Failure to follow established safety procedures will result in a cancellation of all users are respectful and courteous at all times. Safety rules are clearly posted at the entrance. All rules The University pool is used by all faculty, staff, students and guests of the University. It is expected that R. Pool Etiquette/Safety Rules
during events. Prior notification of the need of service animals is requested.

Service animals that accomplish tasks for a disabled person are the only animals permitted on campus Redlands campus, the University campus does not become a “residence” and thus ESAs are not permitted. individual’s permanent residence. Because guests are staying in temporary housing on the University of are also not permitted. Under Fair Housing Act/HUD guidelines, ESAs must be permitted in a qualifying No pets of any kind may be brought into or kept in a University venue. Emotional Support Animals (ESAs) Q. Pets
original owner/location.
responsibility of the individual. The University will not assume the cost of shipping any item back to its All shipping charges associated with the return of property to the User or a User attendee will be the days after the last day of conference residency.
effects from the University as soon as possible. The University cannot hold items longer than fourteen (14) responsibility for any item found at a venue. To prevent loss, participants should reclaim their personal While the University attempts to return personal effects to their proper owners, it cannot assume Public Safety or Event Services
User or to any of the User’s guests. Guests who believe they have left personal effects behind may contact The University assumes no responsibility for loss, theft, or damage to personal property belonging to the P. Personal Property
circumstances is the University responsible for damage to any vehicle while located on University property.

User’s attendees assume all responsibility for vehicles parked on University property. Under no permits are not required, but all state, local, and campus parking laws/policies must be followed. User and parking for the event is subject to guidelines established by the Department of Public Safety. Parking Vehicle parking on University property is governed by the University’s Department of Public Safety. All O. Parking
items shipped, or left for pick-up to/at the University. departure date. The University is not responsible for mislabeled packages, lost packages, or damages to reserves the right to discard any materials not removed within seven (7) days after your scheduled expense, arrangements must be made for the return shipping of any surplus materials. The University seven (7) days in advance of your event may be returned at the User’s expense. Also, at the User’s own storage space. Charges will be assessed for storing or moving these materials. Items received more than Do not send materials more than seven (7) days prior to the arrival date, as the University has limited

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Redlands Emergency Services Academy (RESA) - 2022-ABJZMM COMPLIANCE WITH STATE AND LOCAL LAWS AND REGULATIONSXIII. right to plead defensively such immunity or exemption against the University. exemption (statutory or otherwise) from liability for damage or injury to property or person, hereby waives its User, if a charitable organization, association, corporation, entity or individual, having or claiming immunity or negligent or intentional acts or omissions of User, User’s guests, or User’s service providers. liability, loss, expense, attorney’s fees, or claims for injury or damages are caused by or result from the or damages arising out of the performance of this Agreement but only in proportion to and to the extent such from and against any and all liability, loss, expense (including reasonable attorneys’ fees), or claims for injury User shall defend, indemnify and hold harmless the University, its trustees, officers, agents, and employees of any kind are permitted on the University of Redlands campus.

User hereby assumes all responsibility for the safety and welfare of guests during the event. No illegal activities INDEMNIFICATIONSXII.
provide a certificate of liability insurance as outlined in INSURANCE.

University will be managed by the University. All service providers, regardless of how they are engaged, must that are contracted directly with User are the sole responsibility of the User. Service providers arranged by the must be available to accept deliveries. All external service providers (rental companies, florists, musicians, etc.) User, or a representative of User, must be on the premises when external service providers are on campus and EXTERNAL SERVICE PROVIDERSXI.
window screen removed or damaged.

Window screens, where provided, are not to be removed for any reason. User will be charged for each Y. Windows
this Agreement are violated.
participants to leave the residence hall(s) and/or University property if regulations/procedures specified in that residence hall. University staff may require the User to request any participants or group of All non-resident visitors within a residence hall are required to be escorted at ALL times by a resident of X. Visitation
etc.), and other concerned parties aware of and abide by University policies and regulations. service providers (event planners, wedding coordinators, musicians, photographers, DJs, rental deliveries, applicable University rules, policies, and regulations. The User shall be responsible to make guests, their Any individual or organization renting venues at the University must abide by and conform with all W. University Rules and Policies
smoking in any venue.
of and in compliance with the no smoking policy. Cleaning charges will be assessed if there is evidence of The University is entirely non-smoking. User is responsible for making guests and service providers aware V. Smoking
ensure a peaceful and comfortable living and learning environment. such equipment must be operated so as not to disturb other guests. This is to be observed by all guests to Quiet hours in all shared-use venues are 09:00 PM-09:00 AM daily. Radios, televisions, stereos, and other U. Quiet Hours
User must first obtain written approval from the University.

Before the User or User’s service providers attempt to sell any merchandise on University property, the the University. These may not be used without prior consent from the University.

The name “University of Redlands” as well as all University logos and trademarks are the sole property of venues are properly represented.

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Redlands Emergency Services Academy (RESA) - 2022-ABJZMM PREVAILING LANGUAGEXVII.
practice shall act to modify any provision of this Agreement. be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade The University’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not ENFORCEMENTXVI.
and Non-Discrimination.

The parties agree to be bound by applicable state and federal rules governing Equal Employment Opportunity NON-DISCRIMINATIONXV.
arbitration, including fees of its counsel.

The costs of the arbitrators shall be split equally between the parties. Each party shall bear its own cost of amend, modify or delete any provision of this Agreement. entered as a judgment in a court of competent jurisdiction. The arbitrators shall not have the authority to conclusion of the hearing. The decision of the arbitrators shall be final and binding upon the parties and may be The arbitrators, by majority decision, shall issue a written decision within five (5) calendar days after the be represented by legal counsel.
be no pre-hearing discovery, except for the foregoing. Testimony shall be taken under oath and the parties may the production of documents as provided in Section 1282.6 of the California Code of Civil Procedure. There shall necessary, may issue subpoenas upon the request of the parties to compel the testimony of third parties and hearing at which the parties to the dispute may submit evidence and examine witnesses. The arbitrators, if Within seven (7) calendar days after the submission of the two proposed decisions, the arbitrators will hold a proposed decision. A copy of the proposed decision shall be given to the other party and to all arbitrators. proposed decision to the arbitrators with appropriate findings of fact and conclusions of law to support the Within five (5) calendar days after the selection or appointment of the third arbitrator, each party shall submit a Superior Court, for the appointment of a third arbitrator. agree upon a third arbitrator, either party may petition the presiding judge of the San Bernardino County arbitrator within five (5) calendar days after the selection of the second. In the event that the two are unable to and unaffiliated in any way with either of the parties. The two arbitrators so selected will together choose a third arbitrator and give notice of its choice to the first party. The two arbitrators so selected shall be unrelated to Within five (5) calendar days of receipt of the written demand to arbitrate, the second party shall select one of selection of one arbitrator.

Arbitration must be initiated by a party providing the other party with a written demand to arbitrate and notice below.
under it, or the breach thereof, shall be determined by arbitration in accordance with the procedures established against individuals or other entities) arising out of or relating to this Agreement, the services to be performed All controversies, disputes or claims (including those based upon statute, tort or public policy and those brought Arbitration
the laws of the State of California, as applied to contracts made and to be performed in California. the parties agree to submit the matter to binding arbitration as follows below. This Agreement is governed by out their differences with each other in good faith. If the matter cannot be resolved through good faith efforts, In the event that a dispute arises under this Agreement, the University and User agree first to attempt to work DISPUTE RESOLUTIONXIV.
found to exist, User hereby assumes all responsibility for correcting or removing such violation. and ordinances apply to the activity of the User and to ensure compliance with same. Should any violation be the User and made available to the University. It is also the responsibility of the User to determine which laws If requested by the University, any permit, license or tax required for any activity shall be purchased/paid by fire departments shall be observed.
local – including all ordinances of the City of Redlands. All rules, regulations, and requirements of the police and Individuals and/or organizations renting venues at the University shall comply with all laws – federal, state and

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Redlands Emergency Services Academy (RESA) - 2022-ABJZMM the express written consent of the other party.

Agreement. Neither User nor the University may assign their rights or obligations under this Agreement without have been made to each other by their respective agents, representatives, or employees with respect to this and User guarantee that, except as set forth in this Agreement, no representatives, warranties, or promises made prior to this Agreement are hereby extinguished and considered null and void by both parties. University Any and all other proposals, negotiations, promises, arrangements, or understandings, whether oral or written, User with respect to its subject matter and may be amended only by written notification between both parties.

This Agreement, and its accompanying Addendums, constitute the entire agreement between the University and ENTIRE AGREEMENTXVIII.
this Agreement, the language in this Agreement shall prevail.

In the event that the language in this Agreement conflicts with any language in any other documents related to This space intentionally left blank.

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Redlands Emergency Services Academy (RESA) - 2021-ABJNXP effective to bind such parties to this Agreement.
digital or encrypted, of a party to this Agreement shall be as valid as an original signature of such party and shall be organizations and agree to the terms and conditions herein. The parties agree that the electronic signature, whether cancellation provisions. The person(s) signing this Agreement shall have the authority to bind their respective be considered in force and legally binding on both parties. The User acknowledges reviewing and accepting the This Agreement, when signed and dated below by the respective authorized representatives of University and User will XIX. Mutual and Binding Agreement
RESA-Redlands Emergency Services Academy
Signature Date
Date
Printed Name
University of Redlands
Signature
Printed Name
(909) 748-8116
[email protected]
www.redlands.edu/event-services
Redlands, CA 92373
PO Box 3080
1200 E. Colton Ave
vent ServicesUniversity of Redlands E

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Updated April 1, 2022 1

Enhanced Health and Safety Event (EHSE) Guidelines
for the University of Redlands Main Campus
Prevention Strategies
 Thorough and frequent handwashing with soap and water for 20 seconds  Frequent use of antibacterial gel, particularly when hand washing is not possible  Avoid contact with eyes, nose, and mouth
 Respiratory etiquette including covering coughs and sneezes  Maintaining healthy environments (ventilation and cleaning)  Vaccination, and booster when eligible
 When applicable, contact tracing in combination with isolation and quarantine  Maintaining healthy operations (communications, supportive policies and health equity) Events
 Attendees shall not attend if they are sick, exhibiting symptoms of COVID-19. o COVID-19 symptoms, as described by the CDC, include fever or chills, cough, shortness of breath or difficulty breathing, fatigue, muscle or body aches, headache, new loss of taste or smell, sore throat, congestion or runny nose, nausea or vomiting, and diarrhea. o Event host can determine appropriate health screenings for symptoms upon arrival.  Venues will be equipped with sanitizer and bathrooms stocked with soap and paper towels.  Indoor spaces will be well ventilated. If HVAC system is not in place, windows/doors must be open and fans will be used to increase natural air flow.  In accordance with state guidelines, custodial will clean and disinfect.  Event attendees do not need to provide proof of vaccination unless requested by event host.  If a case of COVID-19 is suspected or confirmed (even if vaccinated):
o External clients should immediately contact Event Services. o University employees and students can should immediately complete the University of Redlands COVID-19 Symptoms, Exposure, or Positive Test Reporting Form.

Face Coverings/Masks
 The following apply universally, regardless of vaccination/booster status:
o Masking is optional for all venues, events of any size, with or without food. o Masking is required in meeting spaces when an individual(s) present makes the request. o Masking may be required in other special circumstances.  Individuals may continue to wear a mask if they choose. One-way masking with an N95 mask provides a high level of protection.
 No person can be prevented from wearing a face covering.

Throughout the pandemic, Event Services has outlined an enhanced set of event guidelines to help reduce the spread of COVID-19, maintain healthy environments, and continue with a healthy operation. California recently moved from a pandemic to an endemic approach to the virus given the state of vaccinations, variants, and infections. According to the CDC, the level of cases and hospitalizations place San Bernardino county in the “low community level” category. Updates to these guidelines will be made to incorporate evolving state, county, and University guidance as needed.

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Enhanced Health and Safety Event Guidelines Adherence Addendum

Due to the ongoing global pandemic caused by COVID-19, the University of Redlands has implemented Enhanced Health and Safety Event Guidelines (EHSE Guidelines) to help promote public health and maintain a safe and healthy campus.

The health and safety of our students, employees, and guests is our top priority. We value the trust you have put in us to host your event and believe your adherence to the EHSE Guidelines, partnered with the safety protocols our staff are utilizing, will create a safer environment for everyone.

By signing this document, you are acknowledging that you have received and read the EHSE Guidelines.

You are also agreeing to adhere to the EHSE Guidelines and hold your event guests, vendors, and others working on your behalf accountable to the guidelines as written. Failure to do so could result in the spread of illnesses and may lead to either (a) your event being closed or canceled with no refund or (b) the implementation of additional fees. Whether the event is closed/canceled or additional fees are imposed will be at the University’s discretion.

The University is following guidance from federal, state, county, and local public health officials.

Because guidance is changing as the course of the pandemic changes, the EHSE Guidelines at the time of your event may be different than the attached guidelines. If the guidelines are changed, an updated EHSE Guidelines document will be shared with you and will replace the attached EHSE Guidelines.

Attached: Enhanced Health and Safety Event Guidelines April 1, 2022 Conference/Camp additions coming soon
I have read and acknowledge the ESHE Guidelines and agree to be bound by the terms of this Addendum.

RESA-Redlands Emergency Services Academy
(Redlands Emergency Services Academy (RESA) - 2022-ABJZMM)

___________________________________________ ________________________________ Signature Date ___________________________________________
Printed Name

University of Redlands
___________________________________________ ________________________________ Signature Date ___________________________________________
Printed Name

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ADDENDUM: Temporary COVID Update to TERMINATION/CANCELLATION

Agreement reads:

TERMINATION/CANCELLATION
A. Termination of Agreement by the University
The University does not have the right unilaterally to cancel this Agreement or terminate its obligations under the Agreement absent a force majeure event.

B. Termination of Agreement by the User
User must give written notice of any event cancellation or termination of the Agreement. A cancellation that is received by the University more than ninety (90) days prior to the event date will result in a forfeiture of the deposit User made, together with any costs already incurred to outside vendors. A cancellation that is received by the University ninety (90) days or less before the event date will result in a forfeiture of the entire cost of the event as specified in the Agreement, together with any costs already incurred and agreed to by User. Rescheduling an event is considered the same as cancellation and is subject to the above policy.

FORCE MAJEURE
If either party is delayed, interrupted or prevented from the performance of its contractual obligations by reason of an act of nature, fire, flood, war, public disaster, acts of terror, strikes or labor difficulties, governmental enactment, regulation or order, civil tumult, pandemic, epidemic, telecommunications failures, network or power failures or interruptions, or any other cause beyond its control, such party shall not be liable to the other therefore, except, however that the User shall remain liable for all non-cancelable costs paid and/or contracted by the University of Redlands before the event that occasioned the delay, interruption, or prevention.

Non-cancelable costs are defined as third party costs for services already rendered or items already consumed.

Temporary COVID Update:

The University is following guidance from federal, state, county, and local public health officials. COVID- related restrictions will be updated in the University of Redlands’ Enhanced Health and Safety Event Guidelines (EHSE Guidelines).

If termination or cancellation is due to county, state, or federal mandates, refer to Force Majeure section of the Agreement.

If termination or cancellation is requested by the User because of issues the User encounters related to COVID, the University will refund up to 50% of the TOTAL PROJECTED COST or TOTAL MINIMUM INITIAL PROJECTED AMOUNT, minus all non-cancelable costs paid and/or contracted by the University before the event. Non-cancelable costs are defined as third party costs for services already rendered or items already consumed. If User reschedules event, there will be no financial penalty and any payments already made will be applied to the future date.

Enhanced Health and Safety Event Guidelines:

Attached: Enhanced Health and Safety Event Guidelines January 7, 2022

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I have read and acknowledge the Temporary COVID Update to TERMINATION/CANCELLATION and agree to be bound by the terms of this Addendum.

RESA-Redlands Emergency Services Academy
(Redlands Emergency Services Academy (RESA) - 2022-ABJZMM)

___________________________________________ ________________________________ Signature Date ___________________________________________
Printed Name

University of Redlands

___________________________________________ ________________________________ Signature Date ___________________________________________
Printed Name

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City Council/Financing Authority Meeting J. 1.

DATE: 05/17/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Video Series: Working for You: Making Redlands a Better Place (Public Information Officer Baker)
DISCUSSION:

For this evening's City Council meeting, staff will present a new video from the video series “Working for You: Making Redlands a Better Place.” The series highlights one employee each month, from various departments and divisions, specifically describing how that employee’s job fits into the larger mission of the City to improve residents’ lives and make Redlands a better place to live. The videos are available for viewing on the City’s website and social media platforms in addition to being shown in rotation on Redlands TV.

SUBMITTED BY:

Janice McConnell, Assistant City Manager
REVIEWED BY:

Charles M. Duggan, Jr., City Manager
Carl Baker, Public Information Officer

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City Council/Financing Authority Meeting J. 2.

DATE: 05/17/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Presentation by Accelerate Neighborhood Climate Action on the work the organization is doing within the City of Redlands in relation to the effects of climate change (Mayor Pro Tem Tejeda) DISCUSSION:

For this evening's City Council meeting Richard Corneille, of Accelerate Neighborhood Climate Action, will be presenting on the work the organization is doing within the City of Redlands in relation to the effects of climate change.

Attachments
ANCA Preparing for Increasing Heat

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ANCA PRESENTATION TO
REDLANDS CITY COUNCIL:

PREPARING FOR

INCREASING HEAT
MAY 17, 2022

RICHARD CORNEILLE, PE

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IMPACTS OF CLIMATE CHANGE CAUSED

BY GLOBAL WARMING
• MORE FREQUENT

DROUGHTS
• INTENSE, DESTRUCTIVE

WILDFIRES
• MORE SEVERE WEATHER
• INCREASED HUMAN HEALTH

RISKS AND DEATHS

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HEAT IS THE DEADLIEST OF CLIMATE

CHANGE WEATHER IMPACTS
• HEAT WAVES ARE INCREASING IN

INTENSITY & FREQUENCY
• HEAT DEATHS ARE UNDER-

REPORTED
• HEAT WAVES OCCURING WHERE

NONE EXPERIENCED BEFORE
• GREATER IMPACTS ON

DISADVANTAGED COMMUNITIES,

HOMELESS, & OUTSIDE WORKERS

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HOTTER IS THE NEW NORMAL FOR

CALIFORNIA & THE SOUTHWEST
• PHOENIX SHATTERED 34 DAILY
HEAT RECORDS IN LAST 10 YRS
• S.B. COUNTY HIGH DESERT OVER
100 DAYS OF 100+ WEATHER
• INLAND EMPIRE HOTTER BY UP
TO 2 DEGREES AVERAGE
• LAND SURFACE UP TO 7 DEGREES

HOTTER IN POOR VS WEALTHY

NEIGHBORHOODS

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WHAT CITIES ARE DOING TO ADDRESS

INCREASING HEAT
• INCREASING TREE

CANOPIES, ESPECIALLY IN

VULNERABLE

NEIGHBORHOODS
• INDENTIFYING COOLING

CENTERS
• ENCOURAGING COOL

ROOFS AND PAVING
• PREPARING CITY-WIDE

HEATWAVE ACTION PLANS

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ANCA CAN HELP PROMOTE HEAT

REDUCTION & MITIGATION ACTIONS
• NEIGHBORHOOD EDUCATION ON

WAYS TO SURVIVE THE HEAT
• ENCOURAGING NEIGHBORHOOD

HEAT RESILIENCY PLANS
• ASSISTING UNDERSERVED

NEIGHBORHOODS TO MITIGATE

HEAT IMPACTS

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HEAT MITIGATION ACTIONS

NEIGHBORHOODS CAN IMPLEMENT
• PLANTING & MAINTAINING

TREES FOR SHADE
• EDUCATING NEIGHBORS ON

HOW TO BE SAFE DURING HEAT
WAVES
• PROMOTING ENERGY EFFICIENT

UPGRADES- SOLAR PANELS,

INSULATION, DOUBLE PANE

WINDOWS, REFLECTIVE ROOFS
• PLANS FOR CHECKING-ON &

CARING FOR VULNERABLE

NEIGHBORS

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THANK YOU!

ADDITIONAL INFORMATION
[email protected]

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City Council/Financing Authority Meeting J. 3.

DATE: 05/17/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Annual Report of the Municipal Utilities/Public Works Commission Annual Report by Adekunle Ojo (Municipal Utilities and Engineering Director Harris)
DISCUSSION:

Chapter 2.38 of the Redlands Municipal Code establishes Municipal Utilities/Public Works Commission (MUPWC) appointment protocols, objectives, goals, and reporting requirements. Each year, the MUPWC Chairperson presents an Annual Report to the City Council summarizing accomplishments of the previous year, and outlining goals for the next year. Tonight, MUPWC Chairperson Adekunle Ojo will present the Annual Report.

SUBMITTED BY:

John R. Harris, Municipal Utilities and Engineering Director Attachments
2022 MUPWC Annual Report

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MUNICIPAL UTILITIES/PUBLIC

WORKS COMMISSION

ANNUAL REPORT
MAY 17, 2022
City of
Redlands

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Redlands Municipal Code
Chapter 2.38
• A resource for City Council, staff, and buffer with
the general public
• Knowledgeable of Public Works, Utilities, and
Engineering Programs
• Provide advice to City Departments regarding
public acceptability of proposed plans, programs,
and projects including studies and proposals
related to rates and fees charged to the public
(water, sewer, solid waste, DIF)

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MUPWC Membership
The Municipal Utilities/Public Works Commission appreciated the opportunity to be a collective resource for City Council, staff, and the entire Redlands community
Adekunle
Ojo
Zachary
Travis
Steve
Stockton
David
Garcia
Brad
Thoms CV Tom
Breitkreuz
2018 2018 20202020201820202019

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2021 Accomplishments
✓ Pavement Management Program
✓ WWTP Improvement Project – Phase 1B
✓ Water Systems & Wastewater System Master Plan Updates ✓ Groundwater Well & Booster Pump Rehabilitation Project ✓ Waterline Replacement Project
✓ Wastewater Replacement & Slip-Lining Projects
✓ Water Infrastructure Condition, Seismic, Structural Assessment ✓ Water System SCADA Expansion Project
✓ Citywide Water Meter Replacement Project

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2021 Accomplishments

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2021 Accomplishments

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2021 Accomplishments
PRE-2021 METER NEW AMI-CAPABLE METER

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2022 Goals
✓ Complete WWTP Improvement Project – Phase 1B
✓ Transition to WWTP Improvement Project – Phase 2
✓ Implement Utility Planning Document Project
Recommendations
✓ Continue Groundwater Well & Booster Pump Rehabilitation Project
✓ Pavement Management Project – 30 Miles
✓ Waterline Replacement Project – 4.2 Miles
✓ Wastewater Replacement & Slip-Lining Projects – 4.5 Miles ✓ Complete Water System SCADA Expansion Project
✓ Continue Citywide Water Meter Replacement Project

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Thank You!

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City Council/Financing Authority Meeting J. 4.

DATE: 05/17/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Annual Report of the Library Board of Trustees by William Hatfield (Library Director McCue)
DISCUSSION:

For this evening's City Council meeting, William Hatfield will be presenting the Library Board of Trustees annual report.

SUBMITTED BY:

Don McCue, Library Director
REVIEWED BY:

Charles M. Duggan, Jr., City Manager
Janice McConnell, Assistant City Manager

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City Council/Financing Authority Meeting K. 1.

DATE: 05/17/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of an agreement with Redlands Ranch Market in an amount not to exceed $2,024,400 to provide a maximum of 1,687 monthly grocery gift cards for the ARPA Resident Grocery Gift Card Program (Assistant City Manager McConnell)
MOTION(S):

If the City Council determines that staff’s recommendation is appropriate, the following motion(s) is/are provided:

I move that the City Council approve the agreement with Redlands Ranch Market in an amount not to exceed $2,024,400 from the Grocery Gift Card Program allocation of State and Local Fiscal Recovery Funds (SLFRF) through the American Rescue Plan Act (ARPA)

1. RECOMMENDATION:

Staff recommends that the City Council approve the agreement with Redlands Ranch Market, in the amount not to exceed $2,024,400 from the Grocery Gift Card Program allocation of State and Local Fiscal Recovery Funds (SLFRF) through the American Rescue Plan Act (ARPA). The agreement will formalize the City's purchase of the large volume of up to 1,687 monthly gift cards, valued at $100 each for use towards the ARPA Resident Grocery Gift Card Program, approved by City Council on March 15, 2022.

DISCUSSION:

On March 11, 2021, The American Rescue Plan Act was signed into law, and established the Coronavirus State Fiscal Recovery Fund and Coronavirus Local Fiscal Recovery Funds, which together make up the Coronavirus State and Local Fiscal Recovery Funds (SLFRF). This program is intended to provide support to State, territorial, local, and Tribal governments in responding to the economic and public health impacts of COVID-19 and to contain impacts on communities, residents, and businesses.

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During the City Council meeting that took place on March 15, 2022, Council approved the Resident Grocery Gift Card Program funded by the State and Local Fiscal Recovery Funds (SLFRF) through the American Rescue Plan Act (ARPA). The program will provide grocery assistance to a maximum of 1,687 eligible households in the form of a monthly $100 grocery gift card for a period of 12 months.

Staff advertised a Request for Proposal in April 2022 in compliance with the General Procurement Standards §200.318 of the Federal Grant Regulations as applies to this federally awarded grant for contracted services. City staff requested a Request for Proposal from twenty-three (23) entities who provide grocery-type services via the City’s PlanetBids website and via email invite to relevant entities listed on the City’s Business License database. A total of two (2) entities responded. A selection committee comprised of three staff members reviewed the proposals and evaluated their merits. After ranking the proposals received, Redlands Ranch Market was determined to be the most qualified proposer based on their demonstrated competence, the professional qualifications necessary for the satisfactory performance of the services required, and extensive involvement in Redlands community activities.

Applicant Name Responsive
Proposer
Responsible
Proposer
Redlands Ranch Market
800 E. Lugonia Ave
Redlands, CA 92374
X X
Smart and Final Stores
600 Citadel Drive
Commerce, CA 90040
X X
The government wide exclusions list in the System for Award Management (SAM) was consulted in accordance with Office of Management and Budget guidelines at 2 CFR 180 that implement “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority. [contractor] was not listed on SAM’s “Debarment and Suspension” list.

The total purchase value and contract amount is not to exceed $2,024,400 during the life of the program (currently slated to conclude in October 31, 2023) – reflecting the City’s purchase of 1,687 gift cards “at cost” of $100 each without additional fees. This ensures that the allocated program amount will be available to directly serve eligible households in need.

Although the alternative applicant, Smart and Final Stores, did propose a 5% discount to the City’s purchase of the gift cards totaling a maximum potential savings of $101,220 over the life of the program, Redlands Ranch Market

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scored significantly higher during the evaluator’s review in areas such as Redlands-specific community involvement; offering a variety of international foods; and being a woman owned small business from its inception – which is viewed favorably per in §200.321 of the Federal Grant Regulations stating, “Non-Federal entity must take all necessary affirmative steps to contract with small and minority businesses, women’s business enterprises, and labor surplus area firms.” On this note, Smart and Final Stores did disclose that its corporate banner was recently purchased by a large corporate Mexican retailer within the last year.

ALTERNATIVES:

The City Council may elect not to approve the agreement and direct staff accordingly.

STRATEGIC PLAN:

N/A
SUBMITTED BY:

Janice McConnell, Assistant City Manager
RECOMMENDED BY:

Charles M. Duggan Jr., City Manager
REVIEWED BY:

Daniel J. McHugh, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
PREPARED BY:

Maira Durazo, Grants Coordinator
Fiscal Impact
Fiscal Year: 2022-24
Revenue Generating: No
Appropriation Required Y/N: N
Amount: $2,024,400
Discussion:
$2,024,400 out of the City's $11,508,106 ARPA State and Local Fiscal

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$2,024,400 out of the City's $11,508,106 ARPA State and Local Fiscal Recovery Funds award has been approved by City Council on March 15, 2022 for use towards the Grocery Gift Card program. This agreement will facilitate the purchase of the grocery gift cards needed to implement the program.

Attachments
Attachment A - Contractor Agreement

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AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES

FOR EQUIPMENT AND SUPPLIES

This agreement for the provision of ARPA Resident Food Assistance Program - Grocery Gift Cards (“Agreement”) is made and entered in this 17 th day of May, 2022 (“Effective Date”), by and between the City of Redlands, a municipal corporation (“City”) and About Food Inc., dba Redlands Ranch Market, a California S C orporation (“Contractor”). City and Co ntractor are sometimes individually referred to herein as a “Party” and, together, as the “Parties.” In consideration of the mutual promises contained herein, City and Contractor agree as follows:

ARTICLE 1 – ENGAGEMENT OF CONTRACTOR

1.1 City hereby engages Contractor to provide up to 1,687 gift cards on a monthly basis to City commencing as of the Effective Date of this Agreement through October 2023 (the “Services”).

1.2 The Services shall be performed by Contractor in a professional manner, and Contractor represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional Contractors in the industry providing like and similar types of Services.

ARTICLE 2 – SERVICES OF CONTRACTOR

2.1 The Services that Contractor shall perform are more particularly described in Exhibit “A,” titled “Scope of Services,” which is attached hereto and incorporated herein by this reference.

2.2 Contractor shall comply with applicable federal, state and local laws and regulations in the performance of this agreement including, but not limited to, any applicable State prevailing wage laws.

ARTICLE 3 – RESPONSIBILITIES OF CITY

3.1 City shall make available to Contractor information in its possession that may reasonably assist Contractor in performing the Services.

3.2 City designates Maira Durazo, Grants Coordinator, as City’s representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City’s policies and decisions with respect to performance of the Services.

ARTICLE 4 – PERFORMANCE OF SERVICES

4.1 The Services shall commence immediately after the Effective Date of this Agreement.

Contractor shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhib it “B,” titled “Project Schedule,” which is attached hereto and incorporated herein by this reference.

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The term of this Agreement shall commence on May 17th 2022 and expire on October 31st 2023 unless terminated earlier as provided herein or otherwise modified by the Parties.

ARTICLE 5 – PAYMENTS TO CONTRACTOR

5.1 Total compensation for Contractor’s performance of the Services shall not exceed the amount of Two Million Twenty-Four Thousand Four Hundred Dollars ($2,024,400). City shall pay Contractor on a time and materials basis up to the not to exceed amount in accordance with Exhibit “C,” titled “ Payment Schedule ,” which is attached hereto and incorporated herein by this reference.

5.2 Contractor shall submit monthly the completed attached “Invoice Form” te mplate to City describing the Services performed during the preceding month in accordance with Exhibit “D” titled “Invoice Form .” Contractor’s invoices shall include a brief description of the Services performed, the dates the Services were performed, and the number of gift cards provided to City. City shall pay Contractor no later than thirty (30) days after receipt and approval by City of Contractor’s invoice.

5.3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile or electronic mail transmission (including PDF), if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section:

CITY CONTRACTOR
City Clerk David Ireland , General Manager
City of Redlands About Food Inc. dba Redlands Ranch Market 35 Cajon Street 800 E. Lugonia Ave.

P.O. Box 3005 (mailing) Redlands, CA, 92374
Redlands, CA 92373 [email protected]
[email protected] (951) 741-1884
(909) 798
-7531

ARTICLE 6 – INSURANCE AND INDEMNIFICATION

Contractor shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services. Insurance policies shall include a

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provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City.

A. Workers’ Compensation and Employer’s Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Contractor is self-insured or exempt from the workers’ compensation laws of the State of California. Contractor shall execute and provide City with Exhibit “E,” titled “Workers’ Compensation Insurance Certification,” which is attached hereto and incorporated herein by this reference, prior to performance of the Services.

B. Commercial
General Liability (CGL) insurance with carriers acceptable to City:

a. Limits of insurance not less than:

1. $1,000,000 Each Occurrence Limit

2. $1,000,000 Personal and Advertising Injury Limit

3. $2,000,000 Annual Aggregate Limit

4. $2,000,000 Products‐Completed Operations Limit
b. City shall be included as an Additional Insured. Contractor shall also cause its policy to be amended to provide that the coverage afforded to the additional insured is primary to and noncontributing with any other insurance, self‐insurance or deductible amount maintained by or provided to the additional insured. Attached to each certificate of insurance shall be a copy of the additional insured endorsement that is part of the Contractor’s
CGL, as well as a copy of the policy’s endorsement
providing coverage to the additional insured on a primary and non‐ contributing basis.
c. CGL coverage shall be written on ISO Occurrence form CG00011093 or a substitute form providing equivalent coverage and shall cover liability arising from premises, operations, independent contractors, products‐ completed operations, and personal and advertising injury. Use of any CGL form covering defense costs within the limits of insurance requires the prior written consent of City.

C. On the certificate of insurance, the Certificate Holder section should read as follows:

City of Redlands
Attn: Risk Management
P. O. Box 3005
Redlands, CA 92373

6.2 Contractor shall defend, indemnify, and hold harmless City and its elected and appointed officials, employees,
and agents from and against any and all claims, losses and liability, including attorneys’ fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Contractor, or its
officers, employees and agents in performing the Services.

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ARTICLE 7 – CONFLICTS OF INTEREST

7.1 Contractor covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Contractor’s Services. Contractor further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement.

7.2 Contractor agrees it is not a designated employee within the meaning of the Political Reform Act because Contractor:

A. Does not make a governmental decision whether to:

(i) Approve a rate, rule or regulation, or adopt or enforce a City law; (ii) Issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement; (iii)
Authorize City to enter into, modify or renew a contract; (iv) Grant City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract; (v) Grant City approval to a plan, design, report, study or similar item; (vi) Adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof.

B. Does not serve in a staff capacity with City and, in that capacity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City’s Conflict of Interest Code under Government Code section 87302.

7.3 In the event City determines that Contractor must disclose its financial interests, Contractor shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk’s office pursuant to the written instructions provided by the City Clerk.

ARTICLE 8 – GENERAL CONSIDERATIONS

8.1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys’ fees, including fees for the use of in- house counsel by a Party.

8.2 Contractor shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement. Any assignment or attempted assignment without such prior written consent may, in the sole discretion of City, results in City’s immediate termination of this Agreement.

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8.3 Contractor is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor. Neither City nor any of its agents shall have control over the conduct of Contractor or Contractor’s employees, except as herein set forth. Contractor shall supply all necessary tools and instrumentalities required to perform the Services. Assigned personnel employed by Contractor are for its account only, and in no event shall Contractor or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City. Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Contractor have any authority, express or implied, to bind City to any obligation.

8.4 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement. Except as otherwise provided for herein, any amendment to this Agreement shall be in writing, approved by City and signed by City and Contractor.

8.5 This Agreement shall be governed by and construed in accordance with the Department of the Treasury’s Interim Final Rule (31 CFR Part 35) ; 2 CFR Part 200 of Federal Grant Regulations; and the laws of the State of California, without regard to its conflicts of laws provisions. The Parties agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated only in the state courts located in San Bernardino County, California, and the federal courts located in Riverside County, California.

8.6 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement.

ARTICLE 9 – UNIFORM GUIDANCE PROVISIONS
By executing this Agreement, the Contractor hereby certifies that it will adhere to and comply with the following provisions as may be applicable to a Non-Federal Entity Contractor per Appendix II to Title 2 CFR Part 200 of the Federal Uniform Guidance:

9.1 Remedies for Brea ch – Any waiver by the City of any breach of any one or more of the terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or of any other term of this Agreement. Failure on the part of City to require exact, full and complete compliance with any terms of this Agreement shall not be construed as in any manner changing the terms or preventing City from enforcement of the terms of the Agreement.

9.2 Termination for Cause - This Agreement may be terminated by City, in its sole discretion, by providing not less than ten (10) days prior written notice to Contractor of City’s intent to terminate. If this Agreement is terminated by City, an adjustment to

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Contractor’s compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed Services, and (2) any payment due Contractor at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Contractor. Upon receipt of a termination notice, Contractor shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, drawings, specifications, reports, summaries and such other information and materials as may have been accumulated by Contractor in performing the Services. Contractor shall be compensated on a pro-rata basis for Services completed up to the date of termination.

9.3 Equal Employment Opportunity – No construction is to be funded with moneys under this program; as such, the funds used for this program are not subject to Equal Employment Opportunity.

9.4 Davis-Bacon, as amended (40 U.S.C. 3141-3148) – No construction is to be funded with moneys under this Program; as such, the funds used for this program are not subject to Davis Bacon.

9.5 Contract Work Hours/Safety Standards Act (40 U.S.C. 3701-3708)- Where applicable, all contracts awarded by the City in excess of $100,000 that involve the employment of mechanics or laborers shall include a provision for compliance with 40 U.S.C. 3702 and 3704
, as supplemented by Department of Labor Regulations (29 CFR Part 5). Under Section 40 U.S.C. 3702, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard workweek of 40 hours. Work in excess of the standard workweek is permissible provided that the worker is compensated at a rate of not less than 1 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the workweek. The requirements of 40 U.S.C. 3704 are applicable to
construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous.

These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

9.6 Rights to Inventions – Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR Part 401.2, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by
the U.S. Department of the Treasury.

9.7 Clean Air Act (42 U.S.C. 7401-7671q) and Water Pollution Act (33 U.S.C. 1251-1387) – Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 – 7671q) and the

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Federal Water Pollution Control Act as amended (33 U.S.C.A. Section 1251 - 1387).

Violations shall be reported to the U.S. Department of the Treasury and the Regional Office of the Environmental Protection Agency (EPA).

9.8 Energy Efficiency – Mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94 - 163, Dec. 22, 1975; 42 U.S.C.A.

Section 6201, et. seq., 89 Stat.871).

9.9 Debarment and Suspension (Executive Orders (E.O.) 12549 and 12689) – No contract shall be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with OMB guidelines at 2 CFR 180 that implement E.O.s 12549 and 12689, “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than E.O. 12549.

9.10 Anti-Lobbying Certification (31 U.S.C.A. 1352) – The language of the certification set forth in this paragraph 9.10 shall be required in all contracts or subcontracts entered into in connection with this program activity and all Contractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C.A. Section 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and no more than $100,000 for such failure. “The undersigned certifies, to the best of his or her knowledge or belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant loan or cooperative agreement, he/she will complete and submit Standard Form –
LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.”

9.11 Procurement of Recovered Materials – A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with 42 U.S.C. Section 6962 of the Solid Waste Disposal Act (42 U.S.C.A. Section 6901, et seq.), as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental

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Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

9.12 Access to Records and Records Retention - Contractor shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services. Such books shall be available at reasonable times for examination by City at the office of the Contractor. The Contractor, shall allow all duly authorized Federal, State, and/or City officials or authorized representatives access to the work area, as well as all books, documents, materials, papers, and records of the Contractor, and any sub- consultants or sub-contractors, that are directly pertinent to this specific program for the purpose of making audits, examinations, excerpts, and transcriptions. The Contractor, and any sub-consultants or sub-contractors, further agree to maintain and keep such books, documents, materials, papers, and records, on a current basis, recording all transactions pertaining to this agreement in a form in accordance with generally acceptable accounting principles. All such books and records shall be retained for such periods of time as required by law, provided, however, notwithstanding any shorter periods of retention, all books, records, and supporting detail shall be retained for a period of at least eight (8) years after the expiration of the term of this Agreement.

IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed in confirmation of this Agreement.

CITY OF REDLANDS CONTRACTOR

By: ___________________________ By: _________________________ Paul T. Barich, Mayor David Ireland, General Manager
Redlands Ranch Market
ATTEST:

___________________________
Jeanne Donaldson, City Clerk

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EXHIBIT "A"

SCOPE OF SERVICES

A. Purpose:

According to a Resident COVID-19 Impact Survey conducted by the City, Redlands’ residents listed food assistance as one of the top 3 areas of relief that would be of greatest benefit in aiding their recovery from the economic effects of COVID-19. The Grocery Gift Card Program would provide relief to impacted and disproportionately impacted households by issuing a monthly grocery gift card exclusively for the purchase of food at Contractor’s grocery retail store
for a period of 12 months.

During the term of this Agreement for the ARPA Program - Grocery Gift Card Purchase entered into between Contractor and the City, Contractor shall provide up to 1,687 gift cards on a monthly basis to the City through October 2023. The gift cards are for exclusive use at Contractor’s grocery retail store for purchase of food items only.

B. Description of services/deliverables:

The City will accept applications from eligible households and distribute the gift cards beginning in June 2022 and will continue to accept applications until October 1st 2022.

The program will conclude with the distribution of the final monthly gift card or October 2023, whichever is sooner.


Because the City will be accepting applications on a rolling basis from May-October 1, 2022, the number of needed gift cards will vary each month, but will not exceed 1,687 in any given month. The Contractor must designate a window timeframe to allow City staff to communicate the number of gift cards needed for the following month. The Contractor MUST register on SAM.gov and provide UEI, DUNS or TIN # prior to commencement of services and before any payment to be made

The monthly services/deliverables include:
 Provide the number of requested physical gift cards to the City each month  Gift cards must be valued at $100 each
 Ensure that participant purchases made with gift cards exclude all purchases of tobacco and alcohol products
 Ensure that gift cards are used to purchase food only by participants

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EXHIBIT "B"

PROJECT SCHEDULE

May - October 1,
2022
• Participant Enrollment Period
June 2022 -
October 2023
• Eligible households receive monthly gift cards from
City program staff- provided to staff by contractor
October 31,
2023 or sooner
• Program concludes when the last enrollee receives
their final (12th) gift card

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EXHIBIT "C"

PAYMENT SCHEDULE

Proposed Scope of Work Product or Outcome

The Scope of Work for this effort
encompasses the description of
services/deliverables found in Exhibit A,
Sections A-B. All Scope of Work activities
will be completed by the end of the contract
term.

 Must register on SAM.gov and
provide UEI, DUNS or TIN # prior to
commencement of services and before
any payment to be made

 Provide the determined number of gift
cards requested by the City each
month – not to exceed a maximum of
1,687 gift cards in any given month

 Ensure that participant purchases
made with gift cards exclude all
purchases of tobacco and alcohol
products

 Ensure that gift cards are used to
purchase food only by participants

Monthly Invoice Not To Exceed $168,700.00

TOTAL NOT TO EXCEED

$2,024,400.00

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EXHIBIT “D”

INVOICE FORM

TO BE PROVIDED ON LETTERHEAD

Contractor Name: About Foods Inc., dba Redlands Ranch Market

Mailing Address:

Redlands Ranch Market
800 E. Lugonia Ave.

Redlands CA, 92374

Invoice Number:

Payment Request for Services Rendered

Please provide a brief description of services performed:

Date Deliverable Cost

Total for this Invoice:

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EXHIBIT "E"
WORKERS’ COMPENSATION INSURANCE CERTIFICATION

Every employer, except the State, shall secure the payment of compensation in one or more of the following ways:

(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self-insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.

CHECK ONE

_____I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861).

_____I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers’ compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers’ compensation laws of California, immediately I shall provide the City with a certificate of consent to self- insure, or a certification of workers’ compensation insurance.

I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct.

CONTRACTOR

By: Date: ___________________
David Ireland, General Manager
Redlands Ranch Market

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City Council/Financing Authority Meeting K. 4.

DATE: 05/17/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of an agreement with Applied LNG Technologies, LLC for supply and delivery of renewable liquefied natural gas in an amount not-to-exceed $637,098.00 for the initial term of one year, with the option to extend by two additional one-year terms for a total amount not-to-exceed $1,911,294 (Assistant City Manager Boatman)
MOTION(S):

If the City Council determines that staff’s recommendation is appropriate, the following motions are provided:

I move to approve an agreement with Applied LNG Technologies, LLC for the supply and delivery of renewable liquefied natural gas in an amount not-to-exceed $637,098.00 for the initial term of one year, with the option to extend by two additional one-year terms for a total amount not-to-exceed $1,911,294.

1. RECOMMENDATION:

Staff recommends City Council approve the agreement with Applied LNG Technologies, LLC.

DISCUSSION:

The City of Redlands Equipment Maintenance Division oversees the maintenance of approximately 450 vehicles and the maintenance and operations of the City’s fuel station at the corporate yard. Two of the primary fuels dispensed at the fuel station are Renewable Liquefied Natural Gas (RLNG) and Compressed Natural Gas (CNG). These fuels are used by the City's fleet of natural gas vehicles in addition to being sold to external customers.

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In accordance with the City's procurement guidelines, a formal Request for Bids (RFB) was advertised on January 27, 2022, for the supply and delivery of Renewable Liquified Natural Gas. The City Clerk's office received and opened two bids. Staff evaluated the bids for conformance with the scope of services and qualifications in accordance with Chapter 2.16.120 of the Redlands Municipal Code and verified the total price as shown in the table below. Applied LNG Technologies, LLC met all the bidding requirements and was deemed the apparent low bidder.

Vendor Name Base Year Price
Per RLNG Gallon
Option
Yr. 1
Option
Yr. 2
Clean Energy, Newport Beach, CA .7302 .7392 .7491
Applied LNG Technologies, LLC
Westlake Village, CA .6895 .7140 .7385
ALTERNATIVES:

The City Council may elect to direct staff to reject all bids.

STRATEGIC PLAN:

Not Applicable.

SUBMITTED BY:

Chris Boatman, Assistant City Manager
RECOMMENDED BY:

Charles M. Duggan Jr., City Manager
REVIEWED BY:

Daniel J. McHugh, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Dana Abramovitz-Daniel, Procurement Manager
PREPARED BY:

Monica Duran, Senior Administrative Assistant

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Fiscal Impact
Fiscal Year: FY 2021-22
Amount: $637,098.00
Budgeted Y/N: Yes
Account No.: 607900
Discussion:

Sufficient funding for this service is included in the Equipment Maintenance Division's (607900) budget for Fiscal Year 2021-22 as approved by City Council. Costs associated with any future renewal terms of the agreement will be included in subsequent budget requests prepared by the Department.

Attachments
A. Bid Opening Report
B. Agreement with Applied LNG

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L:\ca\djm\Agreements\Applied LNG Technologies Agreement.NPS-2.1.FY21-0109.doc.jn 1 AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES

FOR EQUIPMENT AND SUPPLIES

This agreement for the supply and delivery of renewable liquid natural gas (“Agreement”) is made and entered in this 17th day of May, 2022 (“Effective Date”), by and between the City of Redlands, a municipal corporation (“City”) and Applied LNG Technologies, LLC (“Consultant”). City and Contractor are sometimes individually referred to herein as a “Party” and, together, as the “Parties.” In consideration of the mutual promises cont ained herein, City and Contractor agree as follows:

ARTICLE 1 – ENGAGEMENT OF CONTRACTOR

1.1 City hereby engages Contractor to supply and deliver renewable liquid natural gas (“RLNG”) and associated services for City (the “Services”).

ARTICLE 2 – SERVICES OF CONTRACTOR

2.1 The Servi ces that Contractor shall perform are more particula rly described in Exhibit “A,” titled “Scope of Servi ces,” which is attached hereto and incorporated herein by this reference.

ARTICLE 3 – RESPONSIBILITIES OF CITY

3.1 City shall make available to Contractor information in its possession that may reasonably assist Contractor in performing the Services.

3.2 City des ignates Chris Boatman , Assistant City Manager , as City’s representative with respect to perf ormance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City’s policies and decisions with respect to performance of the Services.

ARTICLE 4 – PERFORMANCE OF SERVICES

4.1 The Services shall commence immediately after the Effective Date of this Agreement.

Contractor shall perform and complete the Services in a prompt and diligent manner.

4.2 The initial term of this Agreement shall commence on its Effective Date and end on June 30, 2023 (the “Initial Term”). City shall have the option to extend the Initial Term of this Agreement by two (2) additional one -year terms (each, an “Extended Term”), on the

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L:\ca\djm\Agreements\Applied LNG Technologies Agreement.NPS-2.1.FY21-0109.doc.jn 2 same terms and conditions, by providing written notice to Contractor at least thirty (30) days prior to the expiration of the Initial Term or any Extended Term. The Initial Term and the Extended Terms are hereby collectively, referred to herein as the “Term” of this Agreement.

4.3 If Contractor’s Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made available to Cit y, consistent with City Council-adopted policy for the same. It shall be the obligation of Contractor to obtain a copy of such policy from City staff.

ARTICLE 5 – PAYMENTS TO CONTRACTOR

5.1 The compensation for Contractor’s performance of the Services shall not exceed the amount of six hundred thirty seven thousand ninety eight dollar s ($637,098.00) for the Services provided during the Initial Term. Should this Agre ement be extended , the compensation for Contractor’s performance for the Services shall not exceed the amount of six hundred thirty seven thousand ninety eight dollar s ($637,098.00) for the first Extended Term and six hundred thirty seven thousand ninety eight dollar s ($637,098.00) for the second Extended Term, bringing the total possible amount of compensation to a not-to-exceed amount of one million nine hundred eleven thousand two hundred ninety four dollars ($1,911,294.00). City shall pay Contractor on a total price per RLNG gallon (fixed price excluding commodity and tax fluctuations on a monthly basis as further described in this sentence) delivered calculated using the monthly adjusted Natural Gas Price Index based upon Southern California Border price in accordance with Exhibit “A,” titled “ Scope of Services ,” which is attached hereto and incorporated herein by this reference.

5.2 Contractor shall submit monthly invoices to City describing the Services performed during the preceding month. Contractor’s invoices shall include a brief description of the Services performed, the dates the Services were performed, the number of hours spent and by whom. City shall pay Contractor no later than thirty (30) days after receipt and approval by City of Contractor’s invoice.

5.3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile or electronic mail transmission (including PDF), if confirmed with a copy sent contemporaneous ly by first class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section:

CITY CONTRACTOR
City Clerk Edward McKenna, CEO
City of Redlands Applied LNG Technologies, LLC
35 Cajon Street 5716 Corsa Avenue, Suite 200

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L:\ca\djm\Agreements\Applied LNG Technologies Agreement.NPS-2.1.FY21-0109.doc.jn 3 P.O. Box 3005 (mailing) Westlake Village, CA 91362
Redlands, CA 92373 [email protected]
[email protected] 818-450-3652
(909) 798-7531

ARTICLE 6 – INSURANCE AND INDEMNIFICATION

6.1 The following insurance coverage required by this Agreement shall be maintained by Contractor for the duration of its performance of the Services. Contractor shall not perform any Services unless and until the required insurance listed below is obtained by Contractor. Contractor shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services. Insurance poli cies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City.

A. Workers’ Compensation and Employer’s Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Contractor is self-insured or exempt from the workers’ compensation laws of the State of California. Contractor shall execute and provide City with Exhibit “B,” titled “Workers’ Compensation Insurance Certification,” which is attached hereto and incorporated herein by this reference, prior to performance of the Services.

B. Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount of One Million Dolla rs ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for public liability, property damage and personal injury is required. City shall be named as an additional insured and such insurance shall be primary and non- contributing to any insurance or self -insurance maintained by City.

C. Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability. This coverage shall include all Contractor owned vehicles used in connection with Contractor’s provision of the Services, hired and non-owned vehicles, and employee non-ownership vehicles. City shall be named as an additional insured and such insurance shall be primary and non- contributing to any insurance or self-insurance maintained by City.

6.2 Contractor shall defend, indemnify, and hold harmless City and its elected and appointed officials, employees and agents from and against any and all claims, losses and liability, including attorneys’ fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Contractor, or its officers, employees and agents in performing the Services.

ARTICLE 7 – CONFLICTS OF INTEREST

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7.2 Contractor agrees it is not a designated employee within the meaning of the Political Reform Act because Contractor:

A. Does not make a governmental decision whether to:

(i) approve a rate, rule or regulation, or adopt or enforce a City law; (ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement; (iii) authorize City to enter into, modify or renew a contract; (iv) grant City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract; (v) grant City approval to a plan, design, report, study or similar item; (vi) adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof.

B. Does not serve in a staff capacity with City and , in that capacity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City’s Conflict of Interest Code under Government Code section 87302.

7.3 In the event City determines that Contractor must disclose its financial interests, Contractor shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests , with the City Clerk ’s office pursuant to the written instructions provided by the City Clerk.

ARTICLE 8 – GENERAL CONSIDERATIONS

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L:\ca\djm\Agreements\Applied LNG Technologies Agreement.NPS-2.1.FY21-0109.doc.jn 5 employed by City or engaged by City for the account of, or on behalf of City. Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Contractor have any authority, express or implied, to bind City to any obligation.

8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less than ten (10) days prior written notice to Contractor of City’s intent to termin ate. If this Agreement is terminated by City, an adjustment to Contractor ’s compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed Services, and (2) any payment du e Contractor at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Contractor . Upon receipt of a termination notice, Contractor shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, drawings, specifications, reports, summaries and such other information and materials as may have been accumulated by Contractor in performing the Services. Contractor shall be compensated on a pro-rata basis for Services completed up to the date of termination.

8.5 Contractor shall maintain books, ledgers, invoices , accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor pursuant to this Agreement. Such books shall be available at reasonable times for examination by City at the office of Contractor.

8.6 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement. Except as otherwise provided for herein, an y amendment to this Agreement shall be in writing, approved by City and signed by City and Contractor.

8.7 This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions. The Parties agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated only in the state courts located in San Bernardino County, California, and the federal courts located in Riverside County, California.

8.8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid , void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unle ss to do so would deprive a Party of a material benefit of its bargain under this Agreement.

8.9 City warrants that all RLNG purchased by City pursuant to this Agreement shall be consumed as a vehicle fuel (either as LNG or LCNG) and City shall provide Contra ctor with reasonable cooperation with respect to the requirements for the generation of RINs

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L:\ca\djm\Agreements\Applied LNG Technologies Agreement.NPS-2.1.FY21-0109.doc.jn 6 under the EPA renewable fuels standard and LCFS Credits under the California Air Resources Board Low Carbon Fuel Standard. Contractor shall generate and retain all LCFS Credits, RINs, and any other emission reduction credits or environmental attributes or credits available (if applicable), related to the RLNG provided by Contractor to City pursuant to this Agreement except for federal and state tax credits available and allowed under Internal Revenue Code Sections 6426 and 6427 which shall be filed for and retained by City.

IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed in confirmation of this Agreement.

CITY OF REDLANDS A PPLIED LNG TECHNOLOGIES, LLC

By: ___________________________ By: _________________________ Paul T. Barich, Mayor Edward McKenna, CEO

ATTEST:

___________________________
Jeanne Donaldson, City Clerk

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L:\ca\djm\Agreements\Applied LNG Technologies Agreement.NPS-2.1.FY21-0109.doc.jn 7 EXHIBIT "A"

SCOPE OF SERVICES

Renewable Liquefied Gas (RLNG)

The City’s total price per RLNG gallon will fluctuate due to monthly commodity index price changes and applicable sales tax. Line Items 2, 4, 5, and 7 will be fixed for the entire base term of the Agreement. The City of Redlands Fleet pays the CA Excise Tax directly to the state and is exempt from Federal Excise Tax.

NO.

Description Base
Year
Option
Year 1
Option
Year 2
Commodity Rate 1 So. Cal. Gas Monthly
Index: $US/MMBtu
(Fixed, Average 2021)
$4.20 $4.20 $4.20
2 Conversion From:

MMBtu to RLNG Gal
factor (fixed)

12.1 12.1 12.1
3 Sub-Total – Price of
RLNG Gallon
(Line 1 / Line 2)
$0.3471 $0.3471 $0.3471
Vendor Bid
4 Liquefaction (fixed) Per
RLNG Gallon $ 0.1950 $ 0.1950 $ 0.1950
5 Markup/Discount (fixed)
Per RLNG Gallon $ 0 $ 0 $ 0
6 AB 32 Cap & Trade
regulation related cost
per Gallon $ 0 $ 0 $ 0
7 Delivery Fee Per RLNG
Gallon $ 0.1000 $ 0.1245 $ 0.1490
8 Sales Tax 8.75%
(applicable) $ 0.0474 $ 0.0474 $ 0.0474
9 Total – Price Per RLNG
Gallon (Fixed Price
Including Commodity sub-
total (3) and Taxes (8)) $ 0.6895 $ 0.7140 $ 0.7385

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L:\ca\djm\Agreements\Applied LNG Technologies Agreement.NPS-2.1.FY21-0109.doc.jn 8 EXHIBIT "B"
WORKERS’ COMPENSATION INSURANCE CERTIFICATION

Every employer, except the State, shall secure the payment of compensation in one or more of the following ways:

(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self-insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his or her employees.

CHECK ONE

_____I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake self - insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861).

_____I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers’ compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers’ compensation laws of Califor nia, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers’ compensation insurance.

I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct.

APPLIED LNG TECHNOLOGIES, LLC

By: Date: ___________________
Edward McKenna, CEO

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City Council/Financing Authority Meeting K. 5.

DATE: 05/17/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of a Construction Contract award to Universal Construction and Engineering for the 2021 Citywide Sidewalk and ADA Ramp Replacement Phase II Project in an amount
not-to-exceed $981,152.05, approval of an additional appropriation in the amount of $849,538; and determination that the project is exempt from environmental review pursuant to Section 15301 (c) of the State's guidelines implementing the California Environmental Quality Act (Municipal Utilities and Engineering Director Harris) MOTION(S):

If City Council determines the staff recommendations are appropriate, the following motions are provided:

I move that City Council determine approval of the contract and construction of the 2021 Citywide Sidewalk and ADA
Ramp Replacement Phase II is exempt from environmental review in accordance with Section 15301 (c) of the State's guidelines implementing the California Environmental Quality Act; and

1. I move that City Council approve the 2021 Citywide Sidewalk and ADA Ramp Replacement Phase II Project plans and specifications, and award a Construction Contract to Universal Construction and Engineering in an amount not-to-exceed $981,152.05; and

2. I move to approve an additional appropriation of $849,538 from the General Fund Sidewalk Replacement Reserve for this project.

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RECOMMENDATION:

Staff recommends City Council determine approval of this Construction Contract and construction of the 2021 Citywide Sidewalk and ADA Ramp Replacement Phase II is exempt from environmental review pursuant to Section 15301 (c) of the State guidelines implementing the California Environmental Quality Act.

Staff further recommends City Council approve the 2021 Sidewalk and ADA Ramp Replacement Phase II Project plans and specifications, and award of a Construction Contract to Universal Construction and Engineering in an amount not-to-exceed $981,152.05.

Staff further recommends City Council approve of an additional appropriation of $849,538 from the General Fund Sidewalk Replacement Reserve for this project.

DISCUSSION:

The 2021 Citywide Sidewalk and ADA Ramp Replacement Phase II Project (Project) will replace approximately 3.5 miles of lifted and broken sidewalks and thirty (30) ADA curb ramps in various locations throughout the City. Specific locations have been determined in accordance with the sidewalk repair matrix methodology, approved by the City Council on September 1, 2015, and the ADA ramp survey summary prepared by VA Consulting, Inc. in 2014. With the completion of this project, approximately 4.5 miles of sidewalk and fifty-nine (59) ADA curb ramps will be replaced.

City staff prepared plans and specifications and advertised the Project for construction in March 2022. On April 7, 2022, the City Clerk's office received and opened the following eight (8) bids for the Project:

BID OPENING REPORT SUMMARY
Bidder Bid Amount

1. Universal Construction and Engineering, Palm Desert, CA $981,152.05

2. Tryco General Engineering, Rimforest, CA $984,791.00

3. Kalban, Inc., Santa Clarita, CA $1,141,055.30

4. CT&T Concrete Paving Inc., Diamond Bar, CA $1,278,306.50

5. Gentry General Engineering, Rancho Cucamonga, CA $1,389,030.00

6. IE General Engineering Inc., Beaumont, CA $1,498,287.50

7. Onyx Paving Company Inc., Anaheim, CA $1,527,000.00

8. DM Contracting Inc., Colton, CA $1,617,818.00

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Bids were reviewed by staff and Universal Construction and Engineering was determined to be the lowest responsive and responsible bidder. Therefore, staff recommends awarding a Construction Contract to Universal Construction and Engineering in an amount not-to-exceed $981,152.05. The construction cost estimate for the Project is $1,000,000. If approved, it is anticipated that the Project will be completed within 150 calendar days from the issuance of the Notice to Proceed.

This project is exempt from environmental review in accordance with Section 15301 (c) of the State's guidelines implementing the California Environmental Quality Act as this project involves pedestrian safety improvements within existing right-of-way with no expansion of existing use of the roadway.

ALTERNATIVES:

City Council may reject all bids and not approve the project.

STRATEGIC PLAN:

N/A
SUBMITTED BY:

John R. Harris, Municipal Utilities and Engineering Director RECOMMENDED BY:

Charles M. Duggan Jr., City Manager
REVIEWED BY:

Daniel J. McHugh, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Goutam K. Dobey, Engineering Manager
PREPARED BY:

Elva Arellanes, Associate Engineer
Fiscal Impact
Fiscal Year: FY 21/22
Revenue Generating: N
Appropriation Required Y/N: Y
Amount: $849,538.05
Budgeted Y/N: Y

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Budgeted Y/N: Y
Account No.: 101400
Discussion:

The use of Measure T revenues to fund this project was contemplated with development of the FY 21/22 Operating Budget. As such, a Sidewalk Replacement Reserve in the amount of $1,000,000 was established in the General Fund. Bidding of Phase II of the Project was delayed until actual Measure T revenues were evaluated. Phase I of the Project was successfully constructed $131,614 below the approved budget. Therefore, an additional $849,538.05 appropriation from the General Fund Sidewalk Replacement Reserve is necessary to fund the $981,152.05 Universal Construction and Engineering Construction Contract.

Attachments
A. Universal Construction Public Works Contract
B. Bid Opening Report
C. Bid Analysis
D. Location Map
Additional Appropriation Form

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PUBLIC WORK CONSTRUCTION CONTRACT

This Public Work Construction contract (“Contract”) is made and entered into this 17th day of May, 2022, by and between the City of Redlands, a municipal corporation, organized and existing under the laws of the State of California (hereinafter “City”), and Universal Construction and Engineering (hereinafter "Contractor"). City and Contractor are sometimes individually referred to herein as a “Party” and, together, as the “Parties.”

In consideration of the mutual promises contained herein, City and Contractor agree as follows:

1. SCOPE OF WORK: Contractor shall furnish all materials and will perform all of the work for the following: 2021 Citywide Sidewalk and ADA Ramp Replacement Phase II Project, complete all items as required by the Contract Documents (as herein defined) and Specifications for City’s 2021 Citywide Sidewalk and ADA Ramp Replacement Phase II Project, Project No. 400015 (the “Work”).

2. CONTRACT SUM: City shall pay Contractor the sum of Nine Hundred Eighty-One Thousand One Hundred Fifty Two Dollars and F ive Cents ($981,152.05) as consideration for its performance of the Work in accordance with the terms and conditions set forth in the Contract Documents. Pursuant to Public Contract Code Section 22300, Contractor has the option to deposit securities with an escrow agent as a substitute for retention of earnings required to be withheld by City pursuant to an escrow agreement as set forth in Public Contract Code section 22300.

3. TIME FOR COMPLETION: The Work shall be completed within One Hundred Fifty (150) calendar days from and after the date of City’s issuance of a Notice to Proceed to Contractor.

4. LIQUIDATED DAMAGES: Contractor’s failure to complete the Work within the time allowed will result in damages being sustained by City. Such damages are, and will continue to be, impracticable and extremely difficult to determine. Accordingly, Contractor shall pay to City, or have withheld from monies due to Contractor, the sum of Five Hundred Dollars ($500) for each consecutive calendar day in excess of the specified time for completion of the Work. Execution of this Contract shall constitute agreement by City and Contractor that Five Hundred Dollars ($500) per day is the est imated damage to City caused by the failure of the Contractor to complete the work within the allowed time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs.

5. CONTRACT DOCUMENTS: This Contract incorporates by reference the following: Notice Inviting Bids, Instructions to Bidders, Contractor’s Proposal, Bid Bond, Agreement, Performance Bond, Labor and Material Bond, Plans, General Conditions, Special Provisions and Specifications, and any addenda thereto (collectively, the “Contract Documents”).

6. ATTORNEYS' FEES: In the event any action is commenced to enforce or interpret the terms or conditions of this Contract, or the Contract Documents, the prevailing Party in such action, in addition to any costs and other relief, shall be entitled to recover its reasonable attorneys’ fees, including fees for use of in-house counsel by a Party.

7. RESOLUTION OF CONSTRUCTION CLAIMS: Claims by Contractor in the amount of three hundred seventy five thousand dollars ($375,000) or less shall be made by Contractor and processed by the City pursuant to the provisions of Part 3, Chapter 1, Article 1.5 of the Public Contract Code (commencing with Section 20104). All claims shall be in writing and include the

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documents necessary to substantiate the claim. Nothing in subdivision (a) of Public Contract Code Section 20104.2 shall extend the time limit or supersede the notice requirements provided in this case from filing claims by Contractor.

8. ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR: Contractor and all of its subcontractors shall abide by California Public Contract Code, Section 6109, and California Labor Code Sections 1777.1 and/or 1777.7, and certify that they are not debarred and are eligible to work on this project.

9. ASSIGNMENT OF AGREEMENT: No assignment by a Party of any rights or interests under this Contract shall be binding on another Party without the written consent of the Party sought to be bound.

10. SUCCESSORS AND ASSIGNS: City and Contractor each binds itself and their respective successors and assigns in respect to all covenants, agreements, and obligations contained in the Contract Documents.

11. SEVERABILITY: Any provision or part of the Contract D ocuments held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor.

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IN WITNESS WHEREOF, the Parties hereto have executed th is Contract the day and year first written above.

CITY OF REDLANDS
(SEAL)

By:____________________________________
Paul T. Barich, Mayor
ATTEST:

____________________________________
Jeanne Donaldson, City Clerk
(SEAL)

__________________________________________
Name of Contractor

By:_______________________________________
Signature of Authorized Agent

__________________________________________
Title

__________________________________________
Signature of Authorized Agent (if necessary)

__________________________________________
Title

__________________________________________
Contractor's License No.

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WORKER'S COMPENSATION INSURANCE CERTIFICATION

Description of Contract: City of Redlands
Municipal Utilities & Engineering Department
2021 Citywide Sidewalk and ADA Ramp Replacement Phase II Project Project No. 400015
______________________
Every employer, except the State, shall secure the payment o f compensation in one or more of the following ways:

a. By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. b. By securing from the Director of Industrial Relations, a cer tificate of consent to self- insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.

CHECK ONE

_____I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake self -insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861).

_____I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers’ compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers’ compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers’ compensation insurance.

I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct.

Dated this day of , 2022. _____________________________________
(Contractor)
_____________________________________
(Signature)
_____________________________________
(Official Title)

(SEAL)

(Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with the Owner prior to performing the work of the contract.)

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FAITHFUL PERFORMANCE BOND

Whereas, the City of Redlands (“City”), State of California, and Universal Construction and Engineering (hereinafter designated as "Principal") have entered into an agreement dated May 17 , 2022 (“Agreement”) whereby Principal agrees to install and complete certain public improvements (the “Work”), which said Agreement is identified as 2021 Citywide Sidewalk and ADA Ramp Replacement Phase II, Project No. 400015 and is hereby referred to and made a part hereof; and

Whereas, said Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Work , now, therefore, we, the Principal and, _____________________________, as Surety, are held and firmly bound unto the City in the pena l sum of nine hundred eighty -one thousand one hundred fifty -two dollars and five cents dollars ($981,152.05) lawful money of the United States, for the payment of which sum we bind ourselves, and our heirs, successors, executors and administrators, joint ly and severally, firmly by these presents.

The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Agreement and any alteration thereof made as therein provided, on his or its 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 faithfully fulfill the one -year guarantee of all materials and workmanship, and shall defend, indemnify and save harmless the City and its elected officials, officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by the City in successfully enforcing such obligations, all to be taxed as costs and included in the judgment rendered.

As a condition precedent to the satisfactory completion of the Work, the above obligation shall hold good for a period of one (1) year or longer if required by the Agreement after the acceptance of the work by the City, during which time if the Principal shall fail to make full, complete, and satisfactory repair and replacements an d totally protect the City from loss or damage made evident during this period from the date of completion of the Work, and resulting from or caused by defective materials or faulty workmanship, the above obligation in penal sum thereof shall remain in fu ll force and effect. The obligations of Surety hereunder shall continue so long as any obligation of the Principal remains.

Whenever the Principal shall be, and is declared by the City to be, in default under the Agreement, the City having performed the City obligations thereunder, the Surety shall promptly remedy the default, or shall promptly, at the City’s option:

1. Complete the Work in accordance with its terms and conditions; or

2. Obtain a bid or bids for completing the Work in accordance with its terms and conditions, and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Work less the balance of the Agreement price,

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but not exceeding, including other costs and damages for which Surety may be liable hereunder, the amount set forth above. The term “balance of the Agreement price,” as used in this paragraph, shall mean the total amount payable to the Principal by the City under the Agreement and any modifications thereto, less the amount previously properly paid by the City to the Principal.

Surety expressly agrees that the City may reject any contractor or subcontracto r which may be proposed by Surety in fulfillment of its obligations in the event of default by the Principal.

Surety shall not utilize the Principal in completing the Work nor shall Surety accept a bid from the Principal for completion of the Work if the City, when declaring the Principal in default, notifies Surety of the City’s objection to the Principal’s further participation in the completion of the Work.

No right of action shall accrue on the bond to or for the use of any person or corporation other than the City named herein or the successors or assigns of the City. Any suit under this bond must be instituted within the applicable statute of limitations period.

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

No final settlement between the City and the Principal shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied.

The Principal and Surety agree that if the City is required to engage the services of any attorney in connection with the enforcement of this bond, each shall pay the City’s reasonable attorneys’ fees incurred, with or without suit, in addition to the above sum.

In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on , 2022.

(SEAL) (SEAL)

(Contractor) (Surety)
BY:
(Signature) (Signature)

Address:___________________________________
__________________________________________
(Seal and Notarial Acknowledgment of
Surety)
Telephone ( )___________________________

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LABOR AND MATERIAL BOND

Whereas, the City Council of the City of Redlands, State of California, and Universal Construction and Engineering (hereinafter designated as “Principal”) have entered into an agreement (the “Agreement”) whereby Principal agrees to install and complete certain designated public improvements (the “Work”), which said agreement, dated May 17 , 2022, and identified as 2021 Citywide Sidewalk and ADA Ramp Replacement Phase II, Project No. 400015 is hereby referred to and made a part hereof; and

Whereas, under the terms of the Agreement, Principal is required before commending the performance of the Work, to file a good and sufficient Labor and Material bond with the City of Redlands to secure the claims to which reference is made in Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code of the State of California.

Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the Agreem ent and referred to in the aforesaid Code of Civil Procedure in the sum of nine hundred eighty -one thousand one hundred fifty -two dollars and five cents ($981,152.05) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

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.

The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition.

In witness whereof, this instrument has been duly executed by the Principal and surety above named, on _______________________, 2022.

(SEAL) (SEAL)

(Contractor) (Surety)
BY:
(Signature) (Signature)
Address:_____________________________
(Seal and Notarial Acknowledgement of Surety) ____________________________________ Telephone: ( )___________________

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ATTACHMENT "C"
PROJECT NO. 400015 BID DATE: 7-Apr-2022
EST. START DATE: 6-Jun-2022
Unit Price Item Price Unit Price Item Price Unit Price Item Price 1 Mobilization (Maximum 5% of total bid price) 1 LS $18,000.00 $18,000.00 $22,500.00 $22,500.00 $30,000.00 $30,000.00 2 Traffic and Pedestrian Control 1 LS $9,500.00 $9,500.00 $23,500.00 $23,500.00 $12,000.00 $12,000.00 3 Remove and Replace 4" Thick Sidewalk 77,820 SF $8.96 $697,267.20 $8.50 $661,470.00 $9.60 $747,072.00 4 Remove and Replace 6" Thick Sidewalk 7,231 SF $9.75 $70,502.25 $9.00 $65,079.00 $14.30 $103,403.30 5 Remove and Replace 6" Thick Driveway Approach 5,604 SF $10.65 $59,682.60 $10.50 $58,842.00 $20.00 $112,080.00 6 Remove and Replace ADA Accessible Curb Ramp 30 EA $3,990.00 $119,700.00 $4,980.00 $149,400.00 $4,500.00 $135,000.00 7 Demobilization 1 LS $6,500.00 $6,500.00 $4,000.00 $4,000.00 $1,500.00 $1,500.00 Last Minute Additions/Deductions $0.00 $0.00 $0.00
Total Bid Price
License Status
Sub's License Status
Bid Bond Company
Submitted Entire Bid Package
Submitted Sub's Qualification Statement
DIR Status
Error in Bid
$1,141,055.30$981,152.05
NoYes
Active
N/A
Harco National Insurance Co.

Active
Active
Everest Reinsurance Company
$984,791.00

CITY OF REDLANDS

MUNICIPAL UTILITIES & ENGINEERING DEPARTMENT

BID ANALYSIS
Item
No.

Kalban, Inc.Bid Item Quantity Unit
Universal Construction
Engineering
Tryco General
Engineering
2021 Citywide Sidewalk and ADA Ramp Replacement Project, Phase II No
N/A Yes
Active Active
No
Active
No
Active
N/A
Western National Insurance Co.

Yes
N/A
Low Bidders #1, #2 and #3
Sheet 1 of 3

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ATTACHMENT "C"
PROJECT NO. 400015 BID DATE: 7-Apr-2022
EST. START DATE: 6-Jun-2022
Unit Price Item Price Unit Price Item Price Unit Price Item Price 1 Mobilization (Maximum 5% of total bid price) 1 LS $58,000.00 $58,000.00 $29,000.00 $29,000.00 $50,000.00 $50,000.00 2 Traffic and Pedestrian Control 1 LS $50,000.00 $50,000.00 $106,000.00 $106,000.00 $65,000.00 $65,000.00 3 Remove and Replace 4" Thick Sidewalk 77,820 SF $10.20 $793,764.00 $9.25 $719,835.00 $12.00 $933,840.00 4 Remove and Replace 6" Thick Sidewalk 7,231 SF $10.70 $77,371.70 $13.00 $94,003.00 $12.50 $90,387.50 5 Remove and Replace 6" Thick Driveway Approach 5,604 SF $12.70 $71,170.80 $23.00 $128,892.00 $15.00 $84,060.00 6 Remove and Replace ADA Accessible Curb Ramp 30 EA $6,600.00 $198,000.00 $10,100.00 $303,000.00 $8,500.00 $255,000.00 7 Demobilization 1 LS $30,000.00 $30,000.00 $8,300.00 $8,300.00 $20,000.00 $20,000.00 Last Minute Additions/Deductions $0.00 $0.00 $0.00
Total Bid Price
2021 Citywide Sidewalk and ADA Ramp Replacement Project, Phase II IE General Engineering,
Inc.
$1,278,306.50 $1,389,030.00 $1,498,287.50

CITY OF REDLANDS

MUNICIPAL UTILITIES & ENGINEERING DEPARTMENT

BID ANALYSIS
Item
No. Bid Item Quantity Unit
CT&T Concrete Paving,
Inc.

Gentry General
Engineering, Inc.

Low Bidders #4, #5 and #6
Sheet 2 of 3

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ATTACHMENT "C"
PROJECT NO. 400015 BID DATE: 7-Apr-2022
2021 Citywide Sidewalk and ADA Ramp Replacement Project, Phase II EST. START DATE: 6-Jun-2022 Unit Price Item Price Unit Price Item Price Unit Price Item Price 1 Mobilization (Maximum 5% of total bid price) 1 LS $72,417.00 $72,417.00 $60,000.00 $60,000.00 2 Traffic and Pedestrian Control 1 LS $142,000.00 $142,000.00 $96,000.00 $96,000.00 3 Remove and Replace 4" Thick Sidewalk 77,820 SF $11.00 $856,020.00 $12.00 $933,840.00 4 Remove and Replace 6" Thick Sidewalk 7,231 SF $13.00 $94,003.00 $14.00 $101,234.00 5 Remove and Replace 6" Thick Driveway Approach 5,604 SF $15.00 $84,060.00 $36.00 $201,744.00 6 Remove and Replace ADA Accessible Curb Ramp 30 EA $8,050.00 $241,500.00 $5,500.00 $165,000.00 7 Demobilization 1 LS $37,000.00 $37,000.00 $60,000.00 $60,000.00 Last Minute Additions/Deductions $0.00 $0.00
Total Bid Price $1,527,000.00 $1,617,818.00

CITY OF REDLANDS

MUNICIPAL UTILITIES & ENGINEERING DEPARTMENT

BID ANALYSIS
Item
No. Bid Item Quantity Unit
Onyx Paving Company,
Inc. DM Contracting Inc
$0.00
Low Bidders #7 and #8
Sheet 3 of 3

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N 6TH ST

ALABAMA ST

GARDEN ST

W FERN AVE

CAJON ST

E LUGONIA AVE
5TH AVE

ORANGE ST

TEXAS ST

JUDSON ST

E COLTON AVE

N CHURCH ST

N WABASH AVEALABAMA ST
FORD
ST

E LUGONIA AVE

E CITRUS AVE

N DEARBORN
ST
S
W
ABASH
AVE

ELIZABETH ST

W PIONEER AVE

ALESSANDRO
RD

E PIONEER AVE

W SUNSET DR

E REDLANDS BLVD

SANTIMOTEOCANYONRD
2021 CITYWIDE SIDEWALK AND ADA RAMP

REPLACEMENT PROJECT, PHASE II

LOCATION MAP
.

Legend:

Projected Area A
Projected Area B
Projected Area C
Projected Area D
Projected Area E

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City Council/Financing Authority Meeting K. 6.

DATE: 05/17/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of a Construction Contract with Elecnor Belco Electric, Inc. for the University Street and Brockton Avenue Traffic Signal Improvements Project in an amount not-to-exceed $507,745, and determination that the project is exempt from environmental review pursuant to Section 15301(c) of the State's guidelines implementing the California Environmental Quality Act (Municipal Utilities and Engineering Director Harris)
MOTION(S):

If the City Council determines that staff's recommendations are appropriate, the following motions are provided:

I move that the City Council determine that approval of the contract and construction of a new traffic signal at University Street and Brockton Avenue is exempt from environmental review in accordance with Section 15301 (c) of the State's Guidelines implementing the California Environmental Quality Act; and

1. I move to approve the University Street and Brockton Avenue Traffic Signal Project plans and specifications, and award a Construction Contract to Elecnor Belco Electric, Inc. in an amount not-to-exceed $507,745.

2. RECOMMENDATION:

Staff recommends City Council determine that approval of a contract and construction of a new Traffic Signal at University Street and Brockton Avenue is exempt from environmental review pursuant to Section 15301 (c) of the State guidelines implementing the California Environmental Quality Act. Staff further recommends City Council approve the University Street and Brockton Avenue Traffic Signal Improvements project plans and specifications, and award a construction contract to Elecnor Belco Electric, Inc. in an amount not-to-exceed $507,745.

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DISCUSSION:

The University Street and Brockton Avenue Traffic Signal Improvements Project (Project) will improve traffic flow through this heavily congested intersection adjacent to the University of Redlands campus. This intersection is currently stop-sign controlled. The Project will replace the four-way stop signs with four (4) new mast arm traffic signal poles, signal heads, pedestrian heads, luminaries, conduit, signal cabinet/controller, signal service cabinet, video/radar detection, and striping and concrete improvements at the intersection.

KOA Corporation completed the traffic signal design and City staff advertised the project for construction in March 2022. The City Clerk received and opened the following twelve (12) bids prior to the March 29, 2022, submittal deadline:

BID OPENING REPORT SUMMARY
Bidder Bid Amount

1. Elecnor Belco Electric, Inc., Chino, CA $507,745

2. Baker Electric Inc., Escondido, CA $522,203

3. PTM General Engineering Services, Riverside, CA $556,056

4. California Professional Engineering, La Puente, CA *$579,103

5. Calpromax Engineering Inc., Placentia, CA $592,640

6. International Line Builders, Inc., Corona, CA $595,653

7. Ferreira Coastal Construction Co., Rancho Cucamonga, CA $596,800

8. Alfaro Communications Construction, Inc., Compton, CA $601,820

9. Crosstown Electrical & Data Inc., Irwindale, CA $603,968

10. DBX, Inc., Temecula, CA $613,683

11. KDC Inc. dba Dynaelectric L.A., Los Alamitos, CA $644,000

12. Comet Electric, Inc., Chatsworth, CA **$690,383
*Last minute deductions were not accounted for in the Bid Opening Report (Attached). The last minute deductions were deducted from the total bid amount and highlighted in the Bid Analysis but did not affect raking. **Summation error on total bid price. The total bid amount was corrected and highlighted in the Bid Analysis to identify the summation error but did not affect ranking.

Elecnor Belco Electric, Inc. submitted the lowest responsive and responsible bid.

Therefore, staff recommends awarding a Construction Contract to Elecnor Belco Electric, Inc. in an amount not-to-exceed $507,745. If approved, it is anticipated that the Project will be completed within 180 calendar days from issuance of a Notice to Proceed.

This project is exempt from environmental review in accordance with Section 15301 (c) of the State's guidelines implementing the California Environmental Quality Act as this project is within existing streets involving no expansion or use

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beyond what is existing.

ALTERNATIVES:

City Council may reject all bids and not approve the project. However, this would not improve traffic operations on University Street and Brockton Avenue.

STRATEGIC PLAN:

N/A
SUBMITTED BY:

John R. Harris, Municipal Utilities and Engineering Director RECOMMENDED BY:

Charles M. Duggan Jr., City Manager
REVIEWED BY:

Daniel J. McHugh, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Goutam K. Dobey, Engineering Manager
PREPARED BY:

Elva Arellanes, Associate Engineer
Fiscal Impact
Fiscal Year: FY 21/22
Appropriation Required Y/N: N
Budgeted Y/N: Y
Account No.: 253400
Discussion:

There is no fiscal impact since funding for this Project is included in the FY 21/22 MUED Budget.

Attachments
A. Elelcnor Belco Public Works Contract
B. Bid Opening Report
C. Bid Analysis
D. Location Map
E. F-2381 TS Project Plans
F. Specifications

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1 L:\ca\djm\Agreements\Elecnor Belco Electric Contract.PW-3.1.FY21-0105.doc.jn

PUBLIC WORK CONSTRUCTION CONTRACT

This Public Work Construction contract (“Contract”) is made and entered into this 17 th day of May, 2022, by and between the City of Redlands, a municipal corporation, organized and existing under the laws of the State of California (hereinafter “City”), and Elecnor Belco Electric, Inc. ( hereinafter "Contractor"). City and Contractor are sometimes individually referred to herein as a “Party” and, together, as the “Parties.”

In consideration of the mutual promises contained herein, City and Contractor agree as follows:

1. SCOPE OF WORK: Contractor shall furnish all materials and will perform all of the work for the following: University Street and Brockton Avenue Traffic Signal Improvements Project , complete all items as required by the Contract Documents (as herein defined) and Specifications for City’s University Street a nd Brockton Avenue Traffic Signal Improvements, Project No. 253007 (the “Work”).

2. CONTRACT SUM: City shall pay Contractor the sum of Five Hundred Seven Thousand Seven Hundred Forty Five dollars ($507,745.00) as consideration for its performance of the Work in accordance with the terms and conditions set forth in the Contract Documents. Pursuant to Public Contract Code Section 22300, Contractor has the option to deposit securities with an escrow agent as a substitute for retention of earnings required to be withheld by City pursuant to an escrow agreement as set forth in Public Contract Code section 22300.

3. TIME FOR COMPLETION: The Work shall be completed within One Hundred Eighty (180) calendar days from and after the date of City’s issuance of a Notice to Proceed to Contractor.

4. LIQUIDATED DAMAGES: Contractor’s failure to complete the Work within the time allowed will result in damages being sustained by City. Such damages are, and will continue to be, impracticable and extremely difficult to determine. Accordingly, Contractor shall pay to City, or have withheld from monies due to Contractor, the sum of Five Hundred D ollars ($500) for each consecutive calendar day in excess of the specified time for completion of the Work. Execution of this Contract shall constitute agreement by City and Contractor that Five Hundred Dollars ($500) per day is the estimated damage to City caused by the failure of the Contractor to complete the work within the allowed time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs.

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2 L:\ca\djm\Agreements\Elecnor Belco Electric Contract.PW-3.1.FY21-0105.doc.jn documents necessary to substantiate the claim. Nothing in subdivision (a) of Public Contract Code Section 20104.2 shall extend the time limit or supersede the notice requirements provided in this case from filing claims by Contractor.

9. ASSIGNMENT OF AGREEMENT: No assignment by a Party of any rights or interests under this Contract shall be binding on another Party without the written consent of the Party sought to be bound.

10. SUCCESSORS AND ASSIGNS: City and Contra ctor each binds itself and their respective successors and assigns in respect to all covenants, agreements, and obligations contained in the Contract Documents.

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3 L:\ca\djm\Agreements\Elecnor Belco Electric Contract.PW-3.1.FY21-0105.doc.jn IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and y ear first written above.

CITY OF REDLANDS
(SEAL)

By:____________________________________
Paul T. Barich, Mayor
ATTEST:

____________________________________
Jeanne Donaldson, City Clerk
(SEAL)

__________________________________________
Name of Contractor

By:_______________________________________
Signature of Authorized Agent

__________________________________________
Title

__________________________________________
Signature of Authorized Agent (if necessary)

__________________________________________
Title

__________________________________________
Contractor's License No.

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4 L:\ca\djm\Agreements\Elecnor Belco Electric Contract.PW-3.1.FY21-0105.doc.jn

WORKER'S COMPENSATION INSURANCE CERTIFICATION

Description of Contract: City of Redlands
Municipal Utilities & Engineering Department

UNIVERSITY STREET AND BROCKTON AVENUE

TRAFFIC SIGNAL IMPROVEMENTS
PROJECT NO. 253007
Every employer, except the State, shall secure the payment of compensation in one or more of the following ways:

a. By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. b. By securing from the Director of Industrial Relations, a certificate of consent to self - insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.

CHECK ONE

_____I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake self -insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861).

_____I affirm that at all times, in performing the work and activities required or permitted un der this Agreement, I shall not employ any person in any manner such that I become subject to the workers’ compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers’ compensation laws of Califor nia, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers’ compensation insurance.

I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct.

Dated this day of , 2022. _____________________________________
(Contractor)
_____________________________________
(Signature)
_____________________________________
(Official Title)

(SEAL)

(Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with the Owner prior to performing the work of the contract.)

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5 L:\ca\djm\Agreements\Elecnor Belco Electric Contract.PW-3.1.FY21-0105.doc.jn

FAITHFUL PERFORMANCE BOND

Whereas, the City of Redlands (“City”), State of California, and Elecnor Belco Electric, Inc. (hereinafter designated as "Principal") have entered into an agreement dated May 17, 2022 (“Agreement”) whereby Principal agrees to install and complete certain public impro vements (the “Work”), which said Agreement is identified as University Street a nd Brockton Avenue Traffic Signal Improvements, Project No. 253007 and is hereby referred to and made a part hereof; and

Whereas, said Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Work , now, therefore, we, the Principal and, _____________________________, as Surety, are held and firmly bound unto the City in the penal sum of Five Hundred Seven Thousand Seven Hundred Forty Five Dollars ($507,745.00) lawful money of the United States, for the payment of which sum we bind ourselves, and our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by the City in s uccessfully enforcing such obligations, all to be taxed as costs and included in the judgment rendered.

As a condition precedent to the satisfactory completion of the Work, the above obligation shall hold good for a period of one (1) year or longer if required by the Agreement after the acceptance of the work by the City, during which time if the Principal shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage made evident during this period from the date of completion of the Work, and resulting from or caused by defective materials or faulty workmanship, the above obligation in penal sum thereof shall remain in full force and effect. The obligations of Surety hereunder shall continue so long as any obligation of the Principal remains.

1. Complete the Work in accordance with its terms and conditions; or

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6 L:\ca\djm\Agreements\Elecnor Belco Electric Contract.PW-3.1.FY21-0105.doc.jn amount set forth above. The term “balance of the Agreement price,” as used in this paragraph, shall mean the total amount payable to the Principal by the City under the Agreement and any modifications thereto, less the amount previously properly paid by the City to the Principal.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Principal.

The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or 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 of time, alteration or addition to the terms of the Agreement or to the work or to the specifications.

No final settlement between the City and the Principal shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied.

In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on , 2022.

(SEAL) (SEAL)

(Contractor) (Surety)
BY:
(Signature) (Signature)

Address:___________________________________
__________________________________________
(Seal and Notarial Acknowledgment of
Surety)
Telephone ( )___________________________

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7 L:\ca\djm\Agreements\Elecnor Belco Electric Contract.PW-3.1.FY21-0105.doc

LABOR AND MATERIAL BOND

Whereas, the City Council of the City of Redlands, State of California, and Elecnor Belco Electric, Inc. (hereinafter designated as “Principal”) have entered into an agreement (the “Agreement”) whereby Principal agrees to install and complete certain designated public improvements (the “Work”), which said agreement, dated May 17 , 2022, and identified as University Street and Brockton Avenue Traffic Signal Improvements, Project No. 253007 is hereby referred to and made a part hereof; and

Now, therefore, said Principal and the undersigne d as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Fiv e Hundred Seven Thousand Seven Hundred Forty Five D ollars ($507,745.00) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein 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.

In witness whereof, this instru ment has been duly executed by the Principal and surety above named, on _______________________, 2022.

(SEAL) (SEAL)

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ATTACHMENT "C"
PROJECT NO. 253007 BID DATE: 29-Mar-2022
University Street and Brockton Avenue Traffic Signal Improvements EST. START DATE: 23-May-2022 Unit Price Item Price Unit Price Item Price Unit Price Item Price 1 Mobilization (Maximum 5% of total bid price) 1 LS $5,700.00 $5,700.00 $27,102.00 $27,102.00 $8,000.00 $8,000.00 2 Storm Water Best Management Practices 1 LS $1,000.00 $1,000.00 $700.00 $700.00 $2,500.00 $2,500.00 3 Clearing, Grubbing, and Removals 1 LS $12,517.00 $12,517.00 $15,128.00 $15,128.00 $5,000.00 $5,000.00 4 Construction Surveying and Staking 1 LS $5,000.00 $5,000.00 $3,642.00 $3,642.00 $4,200.00 $4,200.00 5 Demobilization 1 LS $4,000.00 $4,000.00 $13,772.00 $13,772.00 $5,000.00 $5,000.00 6 Construct Curb Ramp per SPPWC Std. Plan No.
111-5 Case A Type I Over 12" Min 95%
Compacted Native, See Detail "A" and Detail "B"
2 EA $9,673.00 $19,346.00 $9,525.00 $19,050.00 $16,800.00 $33,600.00 7a 2" Thick AC Pavement Surface Course (PG-70-C2) 2 TON $165.00 $330.00 $162.00 $324.00 $1,200.00 $2,400.00 7b 3" Thick AC Pavement Surface Course (PG-70-B) 2 TON $165.00 $330.00 $162.00 $324.00 $1,200.00 $2,400.00 7c 3" Crushed Aggregate Base 1 CY $114.00 $114.00 $112.00 $112.00 $3,120.00 $3,120.00 8 Construct 4" Thick P.C.C. Sidewalk Over 12" Min.
of 95% Compaction Native 420 SF $17.10 $7,182.00 $17.00 $7,140.00 $33.00 $13,860.00 9a Grind 1.2" Min. AC Pavement 40,000 SF $0.75 $30,000.00 $0.73 $29,200.00 $0.60 $24,000.00 9b Overlay 1.2" Min. AC Pavement 300 TON $114.00 $34,200.00 $112.00 $33,600.00 $258.00 $77,400.00 10 Contractor to Coordinate with Utility Owner to
Adjust Existing Utility to Grade 1 EA $500.00 $500.00 $500.00 $500.00 $240.00 $240.00 11 Adjust Existing Utility to Grade 8 EA $1,190.00 $9,520.00 $1,171.00 $9,368.00 $1,920.00 $15,360.00 12 Traffic Signal Installation 1 LS $309,427.00 $309,427.00 $297,954.00 $297,954.00 $289,376.00 $289,376.00 13 Signing and Striping 1 LS $18,579.00 $18,579.00 $14,287.00 $14,287.00 $19,600.00 $19,600.00 14 Unforseen work not covered within all other bid
items 1 LS $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 Last Minute Additions/Deductions $0.00 $0.00 $0.00
Total Bid Price
License Status
Sub's License Status
Bid Bond Company
Submitted Entire Bid Package
Submitted Sub's Qualification Statement
DIR Status
Error in Bid
$556,056.00$507,745.00
NoYes
Active
Active
Fidelity and Deposit Company of Maryland
Active
Active
Great American Insurance Company
$522,203.00

CITY OF REDLANDS

MUNICIPAL UTILITIES & ENGINEERING DEPARTMENT

BID ANALYSIS
Item
No.

PTM General
Engineering Services,
Inc.Bid Item Quantity Unit
Elecnor Belco Electric,
Inc. Baker Elelctric Inc.

No
Yes Yes
Active Active
No
Active
No
Active
Active
Fidelity and Deposit Company of Maryland
No
Yes
Low Bidders #1, #2 and #3
Sheet 1 of 4

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ATTACHMENT "C"
PROJECT NO. 253007 BID DATE: 29-Mar-2022
University Street and Brockton Avenue Traffic Signal Improvements EST. START DATE: 23-May-2022 Unit Price Item Price Unit Price Item Price Unit Price Item Price 1 Mobilization (Maximum 5% of total bid price) 1 LS $12,000.00 $12,000.00 $14,000.00 $14,000.00 $30,089.00 $30,089.00 2 Storm Water Best Management Practices 1 LS $1,000.00 $1,000.00 $1,200.00 $1,200.00 $6,825.00 $6,825.00 3 Clearing, Grubbing, and Removals 1 LS $1,000.00 $1,000.00 $17,000.00 $17,000.00 $22,442.00 $22,442.00 4 Construction Surveying and Staking 1 LS $3,750.00 $3,750.00 $4,200.00 $4,200.00 $4,725.00 $4,725.00 5 Demobilization 1 LS $2,000.00 $2,000.00 $9,000.00 $9,000.00 $5,000.00 $5,000.00 6 Construct Curb Ramp per SPPWC Std. Plan No. 111-5
Case A Type I Over 12" Min 95% Compacted Native,
See Detail "A" and Detail "B"
2 EA $16,100.00 $32,200.00 $11,000.00 $22,000.00 $12,016.00 $24,032.00 7a 2" Thick AC Pavement Surface Course (PG-70-C2) 2 TON $1,150.00 $2,300.00 $1,200.00 $2,400.00 $2,651.00 $5,302.00 7b 3" Thick AC Pavement Surface Course (PG-70-B) 2 TON $1,150.00 $2,300.00 $1,200.00 $2,400.00 $2,651.00 $5,302.00 7c 3" Crushed Aggregate Base 1 CY $2,990.00 $2,990.00 $240.00 $240.00 $3,019.00 $3,019.00 8 Construct 4" Thick P.C.C. Sidewalk Over 12" Min. of
95% Compaction Native 420 SF $31.00 $13,020.00 $15.00 $6,300.00 $15.75 $6,615.00 9a Grind 1.2" Min. AC Pavement 40,000 SF $0.56 $22,400.00 $0.60 $24,000.00 $0.68 $27,200.00 9b Overlay 1.2" Min. AC Pavement 300 TON $247.00 $74,100.00 $156.00 $46,800.00 $225.75 $67,725.00 10 Contractor to Coordinate with Utility Owner to Adjust Existing Utility to Grade 1 EA $230.00 $230.00 $2,400.00 $2,400.00 $1,748.00 $1,748.00 11 Adjust Existing Utility to Grade 8 EA $1,840.00 $14,720.00 $1,300.00 $10,400.00 $2,048.00 $16,384.00 12 Traffic Signal Installation 1 LS $326,316.00 $326,316.00 $365,000.00 $365,000.00 $302,102.00 $302,102.00 13 Signing and Striping 1 LS $18,777.00 $18,777.00 $15,300.00 $15,300.00 $17,143.00 $17,143.00 14 Unforseen work not covered within all other bid items 1 LS $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 Last Minute Additions/Deductions -$10,000.00 $0.00 $0.00 Total Bid Price
*Last minute deductions was not accounted for
$569,103.00 $592,640.00 $595,653.00

CITY OF REDLANDS

MUNICIPAL UTILITIES & ENGINEERING DEPARTMENT

BID ANALYSIS
Item
No. Bid Item Quantity Unit
California Professional
Engineering Services
Calpromax Engineering
Inc.

International Line
Builders, Inc.

Low Bidders #4, #5 and #6
Sheet 2 of 4

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ATTACHMENT "C"
PROJECT NO. 253007 BID DATE: 29-Mar-2022
University Street and Brockton Avenue Traffic Signal Improvements EST. START DATE: 23-May-2022 Unit Price Item Price Unit Price Item Price Unit Price Item Price 1 Mobilization (Maximum 5% of total bid price) 1 LS $10,780.00 $10,780.00 $15,600.00 $15,600.00 $25,000.00 $25,000.00 2 Storm Water Best Management Practices 1 LS $5,790.00 $5,790.00 $1,950.00 $1,950.00 $1,500.00 $1,500.00 3 Clearing, Grubbing, and Removals 1 LS $22,780.00 $22,780.00 $9,230.00 $9,230.00 $7,500.00 $7,500.00 4 Construction Surveying and Staking 1 LS $10,660.00 $10,660.00 $3,000.00 $3,000.00 $3,750.00 $3,750.00 5 Demobilization 1 LS $5,090.00 $5,090.00 $5,850.00 $5,850.00 $2,500.00 $2,500.00 6 Construct Curb Ramp per SPPWC Std. Plan No. 111-
5 Case A Type I Over 12" Min 95% Compacted
Native, See Detail "A" and Detail "B"
2 EA $12,200.00 $24,400.00 $8,800.00 $17,600.00 $15,850.00 $31,700.00 7a 2" Thick AC Pavement Surface Course (PG-70-C2) 2 TON $2,700.00 $5,400.00 $1,300.00 $2,600.00 $1,135.00 $2,270.00 7b 3" Thick AC Pavement Surface Course (PG-70-B) 2 TON $2,700.00 $5,400.00 $1,300.00 $2,600.00 $1,135.00 $2,270.00 7c 3" Crushed Aggregate Base 1 CY $3,070.00 $3,070.00 $870.00 $870.00 $2,950.00 $2,950.00 8 Construct 4" Thick P.C.C. Sidewalk Over 12" Min. of
95% Compaction Native 420 SF $16.00 $6,720.00 $8.00 $3,360.00 $31.00 $13,020.00 9a Grind 1.2" Min. AC Pavement 40,000 SF $0.70 $28,000.00 $0.62 $24,800.00 $0.55 $22,000.00 9b Overlay 1.2" Min. AC Pavement 300 TON $229.00 $68,700.00 $250.00 $75,000.00 $250.00 $75,000.00 10 Contractor to Coordinate with Utility Owner to Adjust Existing Utility to Grade 1 EA $2,590.00 $2,590.00 $1,000.00 $1,000.00 $1,150.00 $1,150.00 11 Adjust Existing Utility to Grade 8 EA $2,080.00 $16,640.00 $1,850.00 $14,800.00 $1,835.00 $14,680.00 12 Traffic Signal Installation 1 LS $313,380.00 $313,380.00 $354,000.00 $354,000.00 $334,653.00 $334,653.00 13 Signing and Striping 1 LS $17,400.00 $17,400.00 $19,560.00 $19,560.00 $14,025.00 $14,025.00 14 Unforseen work not covered within all other bid items 1 LS $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 Last Minute Additions/Deductions $0.00 $0.00 $0.00
Total Bid Price

CITY OF REDLANDS

MUNICIPAL UTILITIES & ENGINEERING DEPARTMENT

BID ANALYSIS
Item
No. Bid Item Quantity Unit
Ferreira Coastal
Construction Co.

Alfaro Communications
Construction, Inc.

Crosstown Electrical &
Data Inc.
$596,800.00 $601,820.00 $603,968.00
Low Bidders #7, #8 and #9
Sheet 3 of 4

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ATTACHMENT "C"
PROJECT NO. 253007 BID DATE: 29-Mar-2022
University Street and Brockton Avenue Traffic Signal Improvements EST. START DATE: 23-May-2022 Unit Price Item Price Unit Price Item Price Unit Price Item Price 1 Mobilization (Maximum 5% of total bid price) 1 LS $7,000.00 $7,000.00 $18,000.00 $18,000.00 $32,000.00 $32,000.00 2 Storm Water Best Management Practices 1 LS $2,800.00 $2,800.00 $2,700.00 $2,700.00 $908.00 $908.00 3 Clearing, Grubbing, and Removals 1 LS $10,500.00 $10,500.00 $25,000.00 $25,000.00 $29,867.00 $29,867.00 4 Construction Surveying and Staking 1 LS $9,800.00 $9,800.00 $3,600.00 $3,600.00 $1,997.00 $1,997.00 5 Demobilization 1 LS $500.00 $500.00 $2,200.00 $2,200.00 $14,905.00 $14,905.00 6 Construct Curb Ramp per SPPWC Std. Plan No. 111-
5 Case A Type I Over 12" Min 95% Compacted
Native, See Detail "A" and Detail "B"
2 EA $8,800.00 $17,600.00 $15,500.00 $31,000.00 $14,012.00 $28,024.00 7a 2" Thick AC Pavement Surface Course (PG-70-C2) 2 TON $1,300.00 $2,600.00 $1,107.50 $2,215.00 $3,055.00 $6,110.00 7b 3" Thick AC Pavement Surface Course (PG-70-B) 2 TON $3,000.00 $6,000.00 $1,107.50 $2,215.00 $3,055.00 $6,110.00 7c 3" Crushed Aggregate Base 1 CY $1,600.00 $1,600.00 $2,900.00 $2,900.00 $3,479.00 $3,479.00 8 Construct 4" Thick P.C.C. Sidewalk Over 12" Min. of
95% Compaction Native 420 SF $9.00 $3,780.00 $29.90 $12,558.00 $18.50 $7,770.00 9a Grind 1.2" Min. AC Pavement 40,000 SF $1.30 $52,000.00 $0.54 $21,600.00 $0.80 $32,000.00 9b Overlay 1.2" Min. AC Pavement 300 TON $265.00 $79,500.00 $238.17 $71,451.00 $263.00 $78,900.00 10 Contractor to Coordinate with Utility Owner to Adjust Existing Utility to Grade 1 EA $2,100.00 $2,100.00 $2,300.00 $2,300.00 $177.00 $177.00 11 Adjust Existing Utility to Grade 8 EA $1,600.00 $12,800.00 $1,750.00 $14,000.00 $2,410.00 $19,280.00 12 Traffic Signal Installation 1 LS $338,603.00 $338,603.00 $364,261.00 $364,261.00 $357,985.00 $357,985.00 13 Signing and Striping 1 LS $16,500.00 $16,500.00 $18,000.00 $18,000.00 $19,989.00 $19,989.00 14 Unforseen work not covered within all other bid items 1 LS $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 Last Minute Additions/Deductions $0.00 $0.00 $0.00
Total Bid Price
Comet Electric, Inc.
$613,683.00 $644,000.00 $689,501.00
*Summation error in Total
Bid Price stated

CITY OF REDLANDS

MUNICIPAL UTILITIES & ENGINEERING DEPARTMENT

BID ANALYSIS
Item
No. Bid Item Quantity Unit DBX, Inc. KDC Inc. dba
Dynalectric L.A.

Low Bidders #10, #11 and #12
Sheet 4 of 4

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UNIVERSITY STREET AND BROCKTON AVENUE

TRAFFIC SIGNAL IMPROVEMENTS PROJECT

LOCATION MAP
.
!(

E LUGONIA AVE

E CYPRESS AVE

E REDLANDS BLVD
N

UNIVERSITY
ST

E COLTON AVE

N CHURCH ST

E CITRUS AVE

COOK ST
W 10 FRWY

LOMBARD DR
E 10 FRWY9TH ST

BONITA ST

VILLAGE ST

FOUNTAIN
DR

HARVARD CT

COLGATE PL

E PARK AVE

PURDUE AVE
10TH ST

COURIER AVE

E STATE ST

E DELAWARE AVE

E SHARON RD

CHAPEL ST

DIVISION ST

BERKELEY DR
11TH ST

CERO CT

E STUART AVE

EDWARDS ST

THAMES ST

STILLMAN AVE

C HURCH PL

THE TERRACE

HUNTER DR
FOUNTA
IN CIR

N GROVE ST

COLLEGE AVE

CAMPUS AVE

E HIGH AVE

OCCIDENTAL DR
West DR

E LUGONIA AVE

CENTRAL AVE

EAST DR
LONG
V IE W
AVE

OXFORD DR

POST ST

CORNELL AVE
DEVO
N
PL

E BROCKTON AVE
BARB
RA LN

SYLVAN BLVD
ATTACHMENT "D"
Traffic Signal Location

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10 210

CITY BOUNDARY

PROJECT LOCATION

UNIVERSITY STREET AND BROCKTON AVENUE

CITY OF REDLANDS

CONSTRUCTION PLANS FOR
CITY PROJECT No. 253007

TRAFFIC SIGNAL PROJECT

VICINITY MAP
1 A PUBLIC SERVICE BY UNDERGROUND SERVICE ALERT

BEFORE YOU DIG

DIAL / LOG-ON

BEFORE YOU DIG
2 WORKING DAYS
www.digalert.org DIAL: 811

CITY OF REDLANDS
5 BENCHMARK

AVENUE TRAFFIC SIGNAL PROJECT

UNIVERSITY STREET AND BROCKTON
PROJECT NO.253007
2381 - TS

AS SHOWN

AS SHOWN
CITY OF REDLANDS BM R-35. BRASS DISK IN TOP OF CURB @ SOUTH SIDE LUGONIA AVENUE, +/- 1
2 MILE EAST OF CHURCH STREET. +/- 6' EAST OF
PP#4072228E. ELEV.= 1,453.491' (NVD1929)

THIS PROJECT IS BASED UPON CALIFORNIA STATE PLANE COORDINATE SYSTEM, ZONE 5 (NAD83).

Ontario, California 91764
3190 C. Shelby Street
Tel: (909) 890-9693 Fax: (909) 890-9694
PLANNING | ENGINEERING |

CONSTRUCTION MANAGEMENT

TITLE SHEET

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2 STREET IMPROVEMENT PLAN

A PUBLIC SERVICE BY UNDERGROUND SERVICE ALERT

BEFORE YOU DIG

DIAL / LOG-ON

BEFORE YOU DIG
2 WORKING DAYS
www.digalert.org DIAL: 811

CITY OF REDLANDS
5 BENCHMARK

AVENUE TRAFFIC SIGNAL PROJECT

UNIVERSITY STREET AND BROCKTON
PROJECT NO.253007
2381 - TS

AS SHOWN

AS SHOWN
CITY OF REDLANDS BM R-35. BRASS DISK IN TOP OF CURB @ SOUTH SIDE LUGONIA AVENUE, +/- 1
2 MILE EAST OF CHURCH STREET. +/- 6' EAST OF
PP#4072228E. ELEV.= 1,453.491' (NVD1929)

THIS PROJECT IS BASED UPON CALIFORNIA STATE PLANE COORDINATE SYSTEM, ZONE 5 (NAD83).

Ontario, California 91764
3190 C. Shelby Street
Tel: (909) 890-9693 Fax: (909) 890-9694
PLANNING | ENGINEERING |

CONSTRUCTION MANAGEMENT

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3 STREET IMPROVEMENT PLAN

A PUBLIC SERVICE BY UNDERGROUND SERVICE ALERT

BEFORE YOU DIG

DIAL / LOG-ON

BEFORE YOU DIG
2 WORKING DAYS
www.digalert.org DIAL: 811

CITY OF REDLANDS
5 BENCHMARK

AVENUE TRAFFIC SIGNAL PROJECT

UNIVERSITY STREET AND BROCKTON
PROJECT NO.253007
2381 - TS

AS SHOWN

AS SHOWN
CITY OF REDLANDS BM R-35. BRASS DISK IN TOP OF CURB @ SOUTH SIDE LUGONIA AVENUE, +/- 1
2 MILE EAST OF CHURCH STREET. +/- 6' EAST OF
PP#4072228E. ELEV.= 1,453.491' (NVD1929)

THIS PROJECT IS BASED UPON CALIFORNIA STATE PLANE COORDINATE SYSTEM, ZONE 5 (NAD83).

Ontario, California 91764
3190 C. Shelby Street
Tel: (909) 890-9693 Fax: (909) 890-9694
PLANNING | ENGINEERING |

CONSTRUCTION MANAGEMENT

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4 &

SIGNING AND STRIPING PLAN

A PUBLIC SERVICE BY UNDERGROUND SERVICE ALERT

BEFORE YOU DIG

DIAL / LOG-ON

BEFORE YOU DIG
2 WORKING DAYS
www.digalert.org DIAL: 811

CITY OF REDLANDS
5 BENCHMARK

AVENUE TRAFFIC SIGNAL PROJECT

UNIVERSITY STREET AND BROCKTON
PROJECT NO.253007
2381 - TS

AS SHOWN

AS SHOWN
CITY OF REDLANDS BM R-35. BRASS DISK IN TOP OF CURB @ SOUTH SIDE LUGONIA AVENUE, +/- 1
2 MILE EAST OF CHURCH STREET. +/- 6' EAST OF
PP#4072228E. ELEV.= 1,453.491' (NVD1929)

THIS PROJECT IS BASED UPON CALIFORNIA STATE PLANE COORDINATE SYSTEM, ZONE 5 (NAD83).

Ontario, California 91764
3190 C. Shelby Street
Tel: (909) 890-9693 Fax: (909) 890-9694
PLANNING | ENGINEERING |

CONSTRUCTION MANAGEMENT
38 OFILAC AINR

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5 TRAFFIC SIGNAL PLAN
” ”
“ ”

A PUBLIC SERVICE BY UNDERGROUND SERVICE ALERT

BEFORE YOU DIG

DIAL / LOG-ON

BEFORE YOU DIG
2 WORKING DAYS
www.digalert.org DIAL: 811

CITY OF REDLANDS
5 BENCHMARK

AVENUE TRAFFIC SIGNAL PROJECT

UNIVERSITY STREET AND BROCKTON
PROJECT NO.253007
2381 - TS

AS SHOWN

AS SHOWN
CITY OF REDLANDS BM R-35. BRASS DISK IN TOP OF CURB @ SOUTH SIDE LUGONIA AVENUE, +/- 1
2 MILE EAST OF CHURCH STREET. +/- 6' EAST OF
PP#4072228E. ELEV.= 1,453.491' (NVD1929)

THIS PROJECT IS BASED UPON CALIFORNIA STATE PLANE COORDINATE SYSTEM, ZONE 5 (NAD83).

Ontario, California 91764
3190 C. Shelby Street
Tel: (909) 890-9693 Fax: (909) 890-9694
PLANNING | ENGINEERING |

CONSTRUCTION MANAGEMENT

UNO TURN

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CITY OF REDLANDS

MUNICIPAL UTILITIES &

ENGINEERING DEPARTMENT

Bid Proposal, Contract Documents and Specifications

For

UNIVERSITY STREET AND BROCKTON

AVENUE TRAFFIC SIGNAL PROJECT
PROJECT No. 253007

March 2022

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TOC 1

CITY OF REDLANDS

UNICIPAL UTILITIES & ENGINEERING DEPARTMENT

B
id Proposal, Contract Documents and Specifications

for

UNIVERSITY STREET AND BROCKTON AVENUE

TRAFFIC SIGNAL PROJECT
PROJECT No. 253007

F
or use in conjunction with specifications entitled: “Standard Specifications for Public Works Construction (Greenbook)” Latest Edition; “Standard Plans for Public Works Construction” Latest Edition; Municipal Utilities and Engineering Department’s Water Systems Standard Specifications and Sanitary Sewer System Standard Specifications, latest editions; and General Permit Conditions and Trench Specifications.

City Council:

Paul Barich, Mayor
Eddie Tejeda, Mayor Pro Tem
Denise Davis, Councilmember
Jenna Guzman-Lowery, Councilmember
Mick Gallagher, Councilmember

City Clerk:

Jeanne Donaldson, City Clerk

City Staff:

Charles M. Duggan Jr., City Manager

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TOC 2

UNIVERSITY STREET AND BROCKTON A VENUE
T

RAFFIC SIGNAL PROJECT
PROJECT No. 253007

TABLE OF CONTENTS
(XX) REFLECTS PAGE IDENTIFICATION FOOTER ABBREVIATION

NOTICE INVITING SEALED PROPOSALS (NIB)

BID DOCUMENTS (BD)
INSTRUCTIONS TO BIDDERS .......................................................................................... 1 PROPOSAL…. .................................................................................................................... 10 BID CERTIFICATION ........................................................................................................ 14 BID BOND…. ..................................................................................................................... 15 NON-COLLUSION AFFIDAVIT ...................................................................................... 16 STATEMENT BY BIDDER ............................................................................................... 17 OFFICERS OF CORPORATION (Members of Firm) ....................................................... 17 SUB-CONTRACTORS LIST ............................................................................................. 18 QUALIFICATION AND EXPERIENCE STATEMENT .................................................. 19 GENERAL INFORMATION ............................................................................................. 20

CONTRACT DOCUMENTS (CD)
PUBLIC WORKS CONSTRUCTION CONTRACT ........................................................... 2

GENERAL CONDITIONS (GC)
SECTION 1 – GENERAL, TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS ...................................................................... 1 SECTION 2 - SCOPE OF THE WORK ............................................................................... 2 SECTION 3 - CONTROL OF THE WORK ......................................................................... 3 SECTION 4 - CONTROL OF MATERIALS ....................................................................... 8 SECTION 5 – LEGAL RELATIONS AND RESPONSIBILITES ...................................... 8 SECTION 6 – PROSECUTION AND PROGRESS OF THE WORK .............................. 30 SECTION 7 - MEASUREMENT AND PAYMENT ......................................................... 32 SECTION 8 - FACILITIES FOR AGENCY PERSONNEL .............................................. 33 SECTION 9 - ASSIGNMENT OF UNFAIR BUSINESS PRACTICES CLAIMS ........... 33 SECTION 10 - TRENCHING AND EXCAVATION ........................................................ 33 SECTION 11 - REMOVAL, RELOCATION OR PROTECTION OF EXISTING UTILITIES ................................................................................................... 34 SECTION 200 - ROCK MATERIALS ............................................................................... 35 SECTION 201 - CONCRETE, MORTAR AND RELATED MATERIALS ..................... 36 SECTION 203 - BITUMINOUS MATERIALS ................................................................. 36

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TOC 3
SECTION 206 - MISCELLANEOUS METAL ITEMS ..................................................... 37 SECTION 211 - MATERIAL TESTS ................................................................................ 38 SECTION 214 - TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS ........................................................................... 38 SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION .............................. 38 SECTION 307 - STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS ................. 42 SECTION 314 - TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS ........................................................................... 46

GENERAL REQUIREMENTS
SECTION 01110 COORDINATION OF WORK
SECTION 01111 TRAFFIC CONTROL PLAN
SECTION 01112 DESCRIPTION OF WORK
SECTION 01200 MEASUREMENT AND PAYMENT
SECTION 01251 CHANGE ORDER REQUESTS
SECTION 01254 CHANGE ORDERS
SECTION 01298 SCHEDULE OF VALUES
SECTION 01321 CONSTRUCTION SCHEDULE
SECTION 01322 CONSTRUCTION PROGRESS PHOTOGRAPHY
SECTION 01323 CONSTRUCTION STATUS REPORTS
SECTION 01330 SUBMITTALS
SECTION 01572 EROSION CONTROL PLAN
SECTION 01581 CONSTRUCTION INFORMATION SIGNS
SECTION 01721 MOBILIZATION
SECTION 01722 SURVEYING
SECTION 01732 POTHOLING
SECTION 01740 DEMOBILIZATION

TECHNICAL SPECIFICATIONS
SECTION 02222 PROTECTING EXISTING UNDERGROUND UTILITIES

APPENDIX

APPENDIX A CHECKLIST OF LABOR LAW REQUIREMENTS

APPENDIX B CITY OF REDLANDS WORKDAY CONSTRUCTION SCHEDULE

APPENDIX C PERMITS

APPENDIX D SAFETY DOCUMENTS

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BID DOCUMENTS
(BD)

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BD 1

INSTRUCTIONS TO BIDDERS
For

UNIVERSITY STREET AND BROCKTON AVENUE TRAFFIC SIGNAL

PROJECT
PROJECT No. 253007

Bids to receive consideration shall be made in accordance with the following instructions:

1. PROPOSALS:

a . Bids shall be made upon the form of proposal furnished by the City. All Bids shall be properly executed with all items filled in; the signatures of all persons signing shall be in longhand. If the unit price and the total amount named by a Bidder for any item are not in agreement, the unit price shall be considered as representing the Bidder's intention, and the totals may be corrected by the Engineer to conform thereto. If the sum of the individual bid item’s and the total amount named by a Bidder are not in agreement, the sum of the bid item’s shall be considered as representing the Bidder’s intention, and the totals may be corrected by the Engineer to conform thereto. If the total price written in words and the total price written in figures are not in agreement, then the total price written in words will be considered as representing the Bidder’s intention, and the totals will be corrected by the Engineer to conform thereto.

b. Proposals may be rejected if they show any alterations of form, additions not called for, conditional or alternative bids, incomplete Bids, erasures, or irregularities of any kind.

Mistakes shall be lined through and the correct amount written above and initialed by the authorized agent of the Bidder.

c. Bids shall be accompanied by a cashier's or a certified check or Bidder's admitted corporate surety bond, in an amount not less than ten percent (10%) of the bid, made payable to the City of Redlands. Said check or bond shall be given as a guarantee that the Bidder will enter into a contract if awarded the work. In the case of refusal or failure to enter into said Contract, within fourteen (14) days after Notice of Award by the City in writing, the security shall be applied by the City to the difference between such bid and next lowest acceptable bid and surplus, if any, shall be returned to Bidder if cash or check is used, or to Surety if bid bond is used.

d. Before submitting a bid, Bidders shall carefully examine the Plans; read the Specifications; read all other Contract documents; shall visit the site of the work; shall fully inform themselves as to all existing conditions and limitations; and include in the bid a sum to cover the cost of all items included in the Contract. No allowance will be made due to lack of examination or knowledge. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered as to character, quality and scope of work to be performed; the quantities of materials to be furnished; and as to the requirements of the Bid Proposal, plans and specifications.

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BD 2
e. Pursuant to CA Labor Code Section 1770 et seq., the successful bidder shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Copies of such prevailing rate of per diem wages are available at http://www.dir.ca.gov/OPRL/PWD/. Copies of the prevailing wage determination are also on file at the City of Redlands and shall be made available to any interested party upon request.

f. The bid must be submitted on or before the date and time specified in the Notice Inviting Sealed Proposals (Bids). The bid shall be submitted in a sealed envelope marked in the lower left corner as follows:

BID FOR: UNIVERSITY STREET AND BROCKTON

AVENUE TRAFFIC SIGNAL PROJECT,
PROJECT No. 253007

g. Bids will be opened and publicly read aloud at the time set in the Notice Inviting Sealed Proposals (Bids), in the Office of the City Clerk, Civic Center, 35 Cajon Street, Suite 4, Redlands, California.

2. AGREEMENT AND BONDS:

The form of Contract which the successful Bidder, as Contractor, will be required to execute is included in the Contract Documents (CD) of these specifications and should be carefully examined by the Bidder. The Agreement, admitted Corporate Surety Bonds and other documents to be executed by the Contractor shall be executed in original-duplicates stamped according to law, one of which original-duplicates shall be filed with the City Clerk of the City of Redlands. The successful Bidder, simultaneously with the execution of the Agreement, will be required to furnish a faithful performance bond and a labor and material bond, each in an amount equal to one hundred percent (100%) of the Contract price. Said bonds shall provide that if the Contractor or their Subcontractor fails to pay for any materials, provision, provender or other supplies or items used in, upon, for or about the performance of the work contracted to be done, or for any work of labor thereon of any kind, or for amounts due under the Unemployment Insurance Act or Workman's Compensation, with respect to such work or labor, that the surety or sureties will pay for the same. The amount shall not exceed the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. All bonds shall be secured from surety companies satisfactory to the City of Redlands and whose name is on file with the County Clerk of San Bernardino County, as an approved and financially sound surety company authorized to transact business in this state.

3. WITHDRAWAL OF BIDS:

a. Any Bidder may withdraw his Bid, only by written request, at any time prior to the scheduled time for Bid Opening.

b. No Bidder may withdraw his Bid for a period of sixty (60) days after the time of Bid Opening except as allowed by the California Public Contract Code.

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BD 3

4. INSURANCE AND HOLD HARMLESS REQUIREMENTS:

Before entering into a Contract, the Bidder to whom the Contract has been awarded shall furnish satisfactory evidence that they have secured all required insurance from a responsible insurance company authorized to do business in California and satisfactory to the City, and such insurance shall be maintained in full force and effect at the Contractor's own expense during the life of the Contract. Contractor shall furnish the City with the customary Certificates of Insurance for all required insurance listed below. General Liability Insurance shall name the City and the Consultant, as an additional insured and shall be primary and non-contributing to any insurance or self-insurance maintained by the City. All liability 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 City shall be notified by registered mail, return receipt requested, giving sufficient time before the date thereof to comply with any applicable law or statute, but in no event less than forty five (45) days before expiration or cancellation is effective.

The coverage shall provide the following minimum limits based on the type of work proposed under this Contract. The Contractor shall determine if the proposed work requires Tier 1 or Tier 2 Insurance Requirements as follows:

CONTRACTED OPERATIONS DESIGNATED AS TIER 1
Air Conditioning (HVAC)
Systems (installation)
Electric Light or Power Line
Construction Pipeline Construction
Airport Runways (paving,
repaving, etc.) Elevator Work Roofing
Blasting Operations Excavation Sandblasting
Bridge or Elevated Highway
Construction
Fire Suppression Systems
(installation)
Sewer and Water Main
Construction
Buildings Structural Work
(including elevators)
Gas Mains or Connections
Construction Sign Erection (streets)
Building Structure (raising or
moving) Geophysical Exploration Solar Energy
Cable Installation in Conduits
and Conduit Construction
(streets)
Grading of Land Street Cleaning
Caisson or Cofferdam Work Hazardous Materials
Contractors Street or Road Construction
Dam or Reservoir Construction Irrigation or Drainage
Construction
Tank Construction, Installation,
Erection or Repair
Demolition (structures) Landscape Construction (street
or street medians)
Telephone or Cable Line
Construction
Drilling Painting (exterior greater than
single story)
Tree Pruning, Dusting,
Spraying or Removal

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BD 4

TIER 1 DESIGNATED INSURANCE REQUIREMENTS
a. Commercial General Liability
 $1 Million Per Occurrence/ $2 Million Aggregate
 City listed as an Additional Insured on the coverage
 Coverage is primary and non-contributory
 If scope of work is within 50 feet of any railroad, endorsement citing inclusion of liability associated with this work is required
 If any policy forms of endorsements are cited to grant extension of coverage, they must be included with the Certificate of Insurance submission

b. Business Auto Liability
 $1 Million Combined Single Limit
 City listed as an Additional Insured on the coverage
 Must include liability arising from all owned, leased, hired, and non-owned autos  If any policy forms of endorsements are cited to grant extension of coverage, they must be included with the Certificate of Insurance submission  If Contractor or its subcontractors or suppliers haul hazardous material (including, without limitation, waste), Auto Liability insurance must be applicable to all hazardous waste hauling vehicles, and include MCS 90 and CA9948 Endorsements.

c. Commercial Umbrella/ Excess Liability
 $5 Million Per Occurrence/ Aggregate
 City listed as an Additional Insured on the coverage
 Coverage is primary and non-contributory
 If any policy forms of endorsements are cited to grant extension of coverage, they must be included with the Certificate of Insurance submission

d. Workers Compensation
 $1 Million Per Occurrence for Bodily Injury by Accident  $1 Million Each Employee for Bodily Injury by Disease  $1 Million Policy Limit for Bodily Injury by Accident  Waiver of Subrogation in favor of City
 If any policy forms of endorsements are cited to grant extension of coverage, they must be included with the Certificate of Insurance submission

e. Pollution Policy (Hazardous Materials) [If Applicable]  Required of Projects that involve Demolition and/or Excavation Activities  $1 Million Per Occurrence/ $2 Million Aggregate
 City listed as an Additional Insured on the coverage

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BD 5

TIER 2 DESIGNATED INSURANCE REQUIREMENTS
a. Commercial General Liability
 $1 Million Per Occurrence/ $2 Million Aggregate
 City listed as an Additional Insured on the coverage
 Coverage is primary and non-contributory
 If scope of work is within 50 feet of any railroad, endorsement citing inclusion of liability associated with this work is required
 If any policy forms of endorsements are cited to grant extension of coverage, they must be included with the Certificate of Insurance submission

c. Workers Compensation
 $1 Million Per Occurrence for Bodily Injury by Accident  $1 Million Each Employee for Bodily Injury by Disease  $1 Million Policy Limit for Bodily Injury by Accident  Waiver of Subrogation in favor of City
 If any policy forms of endorsements are cited to grant extension of coverage, they must be included with the Certificate of Insurance submission

CONTRACTED OPERATIONS DESIGNATED AS TIER 2
Air Conditioning (HVAC)
Systems (service and repair) Carpentry (building interiors) Fire Suppression Systems (service and repair)
Alarms and Alarm Systems Communications Equipment
Installation (interior) Landscape Construction
Building Interior Work (service,
repair and non-structural
remodeling)
Driveway, Parking Area or
Sidewalk (paving or repaving) Painting (exterior)
Cable Installation in Conduits
(buildings) Fence Erection All Other Job Types including Vendors

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BD 6

Contractor expressly waives all rights to subrogation against the City, its officers, employees and volunteers for losses arising from work performed by Contractor for City by expressly waiving Contractor’s immunity for injuries to Contractor’s employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this Agreement extend to any claim brought by or on behalf of any employee of Contractor. This waiver is mutually negotiated by the parties. This shall not apply to any damage resulting from the sole negligence of City, its agents and employees. To the extent any of the damages referenced herein were caused by or resulted from the concurrent negligence of City, its agents or employees, the obligations provided herein to indemnify, defend and hold harmless are valid and enforceable only to the extent of the negligence of contractor, its officers, agents and employees.

Subcontractors. The prime contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements from each subcontractor.

The Contractor shall not assign or sublet the contract, in whole or in part, without the written consent of the City, nor shall the contractor assign any monies due to, or to become due to, Contractor hereunder without prior written consent of the City.

The Contractor shall be fully responsible to the City for the acts and omissions of the subcontractor and persons either directly or indirectly employed by the Contractor. Consent to subcontracting part of the work shall, in no way, release the Contractor from responsibility for performance of the work, and Contractor will be held, in all respects, accountable for the same as if no consent had been given. The Contractor shall give personal attention to this work which is sublet. Nothing contained in the contract documents shall create any contractual relation between any subcontractor and the City.

Hold Harmless and Indemnification. Contractor shall indemnify, hold harmless and defend City and its elected officials, agents and employees and the Consultant from and against any and all claims, losses or liability, including attorney’s fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure to act of Contractor, its subcontractors, and any officers, agents and employees in performing the work required by this Agreement. Contractor’s obligations under this provision shall not be limited in any way by any terms of this Agreement, or the insurance limits.

5. LICENSES AND PERMITS:

No bid will be accepted from a Contractor who is not licensed in accordance with the law under the provisions of Division III, Chapter 9 of the Business and Professions Code of the State of California.

The Contractor shall, at the time of bid opening, possess a valid “Class A” or “C10, C31, D31” Contractor's license, and provide its California State Contractor’s License number to the City.

All subcontractors listed at the time of bid opening shall possess a valid Contractor’s license for the work in which they are specified to complete within the Bid Submittal Package.

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BD 7
The Contractor shall, prior to Notice to Proceed, procure all other permits and licenses as stipulated in the GENERAL CONDITIONS.

In addition, no contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015 or awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

Contractors shall submit proof of registration status with their bid submission to the City of Redlands. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

6. SUBSTITUTION OF SECURITIES:

In accordance with applicable provisions of State law, the Contractor will be permitted to substitute qualified securities in lieu of retention of withheld progress payments by the Owner.

7. SUBCONTRACTORS:

Pursuant to Section 4105 of the California Public Contract Code, the bidder may not circumvent the requirement to list subcontractors by the device of listing one subcontractor, who in turn sublets portions constituting a majority of the work covered by the contract.

A. Pursuant to California Government Code section 4106, subcontractors who will perform work or labor or render services in an amount in excess of one-half of one percent of the Contractor’s total bid shall be set forth in a list of subcontractors within the bid documents. Such list shall be accompanied by an experienced statement with pertinent information regarding similar projects and other evidence of qualifications for each such subcontractor, supplier, individual, or entity if requested by City. If City or engineer, after doing an investigation, has reasonable objection to any proposed subcontractor, supplier, individual, or entity, City may, before the notice of award is given, request the apparent successful bidder to submit a substitute, without an increase in the bid.

B. If the apparent successful bidder declines to make any such substitution, City may award the contract to the next lowest bidder that proposes to use acceptable subcontractors, suppliers, individuals, or entities declining to make the request and substitutions will not constitute grounds for forfeiture of the bid security of any bidder. Any subcontractor, supplier, individual or entity so listed and against which City makes no written objection prior to the giving of the notice of award will be deemed acceptable by City subject to verification of such assessments after the effective date of the agreement as provided herein.

8. NON DEBARRED CONTRACTORS AND SUBCONTRACTORS

The Contractor and all of its subcontractors shall, at the time of bid opening and for performance of this public works contract, be non-debarred contractors and not be ineligible Contractors pursuant to Public Contract Code section 6109 and Labor Code sections 1777.1 and 1777.7.

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BD 8

9. LABOR LAW REQUIREMENTS

Prior to the start of construction, the Contractor and each subcontractor shall submit to the City an executed Checklist of Labor Law Requirements, included within Appendix A, certifying that each Contractor and Subcontractor will comply with the foregoing Labor Law requirements; and fully understands that failure to comply with these requirements will subject it to the penalties cited herein.

By submitting a bid, the prime contractor and subcontractors involved in this project assure that they intend to comply with the labor law requirements noted within Appendix A, fully understanding that failure to comply may subject them to penalties as noted.

10. BID PROTEST PROCEDURES

Any bid protest must be in writing and received by the City Clerk’s Office at 35 Cajon Street, Suite 4, Redlands, CA 92373, before 5:00 p.m. no later than two working days following the bid opening (the “Bid Protest Deadline”) and must comply with the following requirements:

10.1 General. Only a bidder who has actually submitted a Bid Proposal is eligible to submit a bid protest against another bidder. Subcontractors are not eligible to submit bid protests. A bidder may not rely on the bid protest submitted by another bidder, but must timely pursue its own protest. If required by City, the protesting bidder must submit a non- refundable fee in the amount specified by City, based upon City’s reasonable costs to administer the bid protest. Any such fee must be submitted to City no later than the Bid Protest Deadline, unless otherwise specified. For purposes of this Section, a “working day” means a day that City is open for normal business, and excludes weekends and holidays as observed by the City.

10.2 Protest Contents. The bid protest must contain a complete statement of the basis for the protest and all supporting documentation. Material submitted after the Bid Protest Deadline will not be considered. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based. The protest must include the name, address, email address, and telephone number of the person representing the protesting bidder if different from the protesting bidder.

10.3 Copy to Protested Bidder. A copy of the protest and all supporting documents must be concurrently transmitted by fax or by email, by or before the Bid Protest Deadline, to the protested bidder and any other bidder who has a reasonable prospect of receiving an award depending on the outcome of the protest.

10.4 Response to Protest. The protested bidder may submit a written response to the protest, provided the response is received by the City Clerk’s Office before 5:00 p.m., within two working days after the Bid Protest Deadline or after actual receipt of the bid protest, whichever is sooner (the “Response Deadline”). The response must include all supporting documentation. Material submitted after the Response Deadline will not be considered. The response must include the name, address, email address, and telephone

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BD 9
number of the person representing the protested bidder if different from the protested bidder.

10.5 Copy of Protesting Bidder. A copy of the response and all supporting documents must be concurrently transmitted by fax or by email, by or before the Bid Protest Deadline, to the protesting bidder and any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest.

10.6 Exclusive Remedy. The procedure and time limits set forth in this section are mandatory and are the bidder’s sole and exclusive remedy in the event of a bid protest. A bidder’s failure to comply with these procedures will constitute a waiver of any right to further pursue a bid protest, including filing a Government Code Claim or initiation of legal proceedings.

10.7 Right to Award. The City Council reserves the right to award the Contract to the bidder it has determined to be the responsible bidder submitting the lowest responsive bid, and to issue a notice to proceed with the Contract notwithstanding any pending or continuing challenge to its determination.

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BD 10

PROPOSAL

TO: THE CITY OF REDLANDS, SAN BERNARDINO COUNTY, CALIFORNIA herein called the “City”.

Pursuant to and in compliance with your Notice Inviting Bids, and the other documents relating thereto, the undersigned Bidder, having familiarized themselves with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the plans thereto, hereby proposes and agrees to perform within the time stipulated, the Contract, including all of its component parts and everything required to be performed, and to provide and furnish any and all of the labor, materials, tools, equipment and all utility and transportation services necessary to perform the contract, and complete in a workmanlike manner, all of the work covered by the contract in connection with the City’s Project identified as

UNIVERSITY STREET AND BROCKTON AVENUE TRAFFIC SIGNAL PROJECT PROJECT No. 253007

NOTE: Bidders must bid each item in this schedule. All entries in the entire PROPOSAL must be made clearly and in ink. Mistakes shall be lined through and the correct amount written above and initialed by the authorized agent of the Bidder.

BID SCHEDULE

(See “Section 01200 – Measurement and Payment” for Bid Item description) Item
No. Brief Description Estimated
Quantity
Unit Price
(If Applicable) Total Price in Figures
1 Mobilization

LUMP
SUM N/A $______________________
2 Storm water Best Management
Practices
LUMP

SUM N/A
$______________________
3 Clearing, Grubbing, and
Removals
LUMP

SUM N/A
$______________________
4 Construction Surveying and
Staking
LUMP
SUM N/A $______________________
5 Demobilization LUMP
SUM N/A $______________________
6 Construct Curb Ramp per
SPPWC Std. Plan No. 111-5
Case A Type 1 Over 12” Min
95% Compacted Native, See
Detail “A” and Detail “B”

2 EA $_________/EA
$______________________

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BD 11
7a 2” Thick AC Pavement
Surface Course (PG-70-C2) 2 TON $_________/TON $______________________ 7b 3” Thick AC Pavement Base
Course (PG-70-B) 2 TON $_________/TON
$______________________
7c 3” Crushed Aggregate Base 1 CY $_________/CY $______________________ 8 Construct 4” Thick P.C.C.

Sidewalk Over 12” Min of
95% Compacted Native
420 SF $_________/SF $______________________
9a Grind 1.2” Min AC Pavement 40,000
SF $_________/SF $______________________
9b Overlay 1.2” Min AC
Pavement 300 TON $_________/TON

10 Contractor to Coordinate with
Utility Owner to Adjust
Existing Utility to Grade
1 EA $_________/EA $______________________
11 Adjust Existing Utility to
Grade 8 EA $_________/EA
12 Traffic Signal Installation LUMP
SUM N/A $______________________
13 Signing and Striping LUMP
SUM N/A $______________________
14 Unforeseen work not covered
within all other bid items
LUMP
SUM N/A $______________________
BID SCHEDULE PRICE $______________________

Last Minute Additions/Deductions*__________________________________________ Bid Item No.________ Last Minute Additions/Deductions*__________________________________________ Bid Item No.________ Last Minute Additions/Deductions*__________________________________________ Bid Item No.________

BID SCHEDULE TOTAL PRICE: $_______________________________________________________

BID SCHEDULE TOTAL PRICE WRITTEN IN WORDS: ________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________

* Provision is made here for the Bidder to include an addition or deduction in its bid, if it wishes, to reflect any last-minute adjustments in prices. The addition or deduction, if made, will be proportionately applied to the Progress Payments total for the respective item in the Schedule of Prices, the amount being added or deducted for each monthly payment. The unit prices entered in the Schedule of Prices will not be affected.
50,000.00

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BD 12
LOW BID DETERMINATION:

The low bid will be determined pursuant to Public Contract Code Section 20103.8 as the lowest bid price on the Bid Schedule Total Price on page BD 11. A responsible bidder who submits the lowest bid as determined by the above method shall be awarded the contract, if it is awarded, by the City Council of the City of Redlands.

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BD 13

ADDENDA

Receipt of the following addenda is hereby acknowledged and the same is included in the Bid Price:

Addendum #1___________ Addendum #2___________ Addendum #3____________

(initials) (initials) (initials)

Addendum #4___________ Addendum #5___________ Addendum #6____________ (initials) (initials) (initials)

ATTEST: (if Corporation)

(Corporation Seal)

___________________________________ _____________________________________ Company Name Signature

____________________________________ _____________________________________ Address Name

____________________________________ _____________________________________ City, State, Zip Title

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BD 14

BID CERTIFICATION

The undersigned certifies that they are familiar with the various State and local laws affecting labor, length of working days, employer's liabilities, Sunday work, alien labor, domestic materials, Subcontractors, etc.

It is understood and agreed that the work under the contract will be commenced by the undersigned Bidder, if awarded the contract, within ten (10) calendar days from the date in the Notice to Proceed and will be completed by the Contractor in the time set forth in the CONTRACT.

Enclosed find Bidders bond or certified or cashier's check No. _________________ on the __________________________________ Bank, in the amount of ______________________ _______________________ which is not less than ten percent (10%) of the Bid submitted by the undersigned, made payable to the City of Redlands, California and which is given as a guarantee that the Bidder agrees that in case of their default in executing said contract with necessary bonds, the bond or check accompanying this Bid and the money made payable shall become and remain the property of the City of Redlands.

It is understood and agreed that the City of Redlands has the right to waive defects or irregularities and to accept or reject any or all Bids. No Bidder may withdraw their Bid for a period of sixty (60) days after the time of the Bid Opening except as allowed by the California Public Contract Code.

The following information, required by State law under penalty of perjury, is true and correct. Failure to complete this information renders the bid non-responsive, and the bid must be rejected.

____________________________________ _______________________________________ Company Name Signature

____________________________________ _______________________________________ Address Signatory's Title

____________________________________ _______________________________________ City, State, Zip State License Number and Class

____________________________________ _______________________________________ Telephone Number License Expiration Date

Dated this ________________ day of ___________________, 20___.

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BD 15

BID BOND

KNOW ALL PERSONS BY THESE PRESENTS,

That ______________________________________________________________ as Principal, and ______________________________________ as Surety, are held and firmly bound unto the City of Redlands, hereinafter called City, in the sum of ______________________________________ dollars, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

WHEREAS, said Principal has submitted a bid to said City to perform all work required under the PROJECT No. 253007.

NOW, THEREFORE, if said Principal is awarded a contract by said City and, within the time and in the manner required under the heading "Instructions to Bidders" bound with said Specifications, enters into a written contract on the form of agreement bound with said Specifications and furnishes the required bonds, one to guarantee faithful performance and the other to guarantee payment for labor and materials; then this obligations shall be null and void, otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by said City and Judgment is recovered, said Surety shall pay all costs incurred by said City in such suit, including a reasonable attorney's fee to be fixed by the court.

SIGNED AND SEALED, this _________ day of _____________________________, 20____.

______________________________(SEAL) _______________________________ (SEAL) (Principal) (Surety)

By:_________________________________ By:__________________________________ (Signature) (Signature)

Address:______________________________
_____________________________________
Telephone (___)________________________
(Seal and Notarial Acknowledgment of Surety)

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BD 16

STATEMENT BY BIDDER

NON-COLLUSION AFFIDAVIT

STATE OF )
) ss

COUNTY OF )

, being first duly sworn, deposes and says that

he is
(Sole Owner, a Partner, President, Secretary, etc.)

of
(Contractor)

the party making the foregoing bid on PROJECT No. 253007 that such bid is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the Bidder or of any other Bidder or to fix any overhead, profit, or cost element of the bid price or of that of another bidder, or to secure any advantage against the public body awarding the Contract of anyone interested in the proposed contract; that all statements contained in such bid are true; and further, that the Bidder has not directly or indirectly, submitted his bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

By: ______________________________ Title: ________________________________

Subscribed and sworn to before me this day of __________________________, 20 .

Signature of Officer Administering Oath
(Notary Public)

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BD 17

STATEMENT BY BIDDER
OFFICERS OF CORPORATION (Members of Firm)

The names of all persons interested in the foregoing proposals as principals, are as follows:
(IMPORTANT NOTICE - if Bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer and manager thereof; if a co-partnership, state true name of firm, also names of all individual co-partners composing firm; if Bidder or other interested person is an individual, state first and last names in full).

_____________________________________ _____________________________________

Licensed in accordance with an act providing for the Registration of Contractors, License

No. ______________________________________.

Signature of Bidder Dated

NOTE: If Bidder is a corporation, the legal name of the corporation shall be set forth above, together with the signature of the officer(s) authorized to sign contracts on behalf of the corporation; if Bidder is a co-partnership, the true name of the firm shall be set forth above, together with the signature of the partner or partners authorized to sign contracts in behalf of the co-partnership, and if the Bidder is an individual, that signature shall be placed above.

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BD 18

STATEMENT BY BIDDER

SUB-CONTRACTORS LIST

Bidder supplies the following information for any Subcontractor who will perform work or labor or render services to the prime contractor, etc. to be used on PROJECT No. 253007, all in accordance with Section 4104 of the California Public Contract Code.

LICENSED SUBCONTRACTOR’S NAME

AND BUSINESS ADDRESS

LICENSE #

SPECIFIC

DESCRIPTION

OF SUBCONTRACT
& BID ITEM #
% OF BID

ITEM TO BE

PERFORMED

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BD 19

STATEMENT BY BIDDER

QUALIFICATION AND EXPERIENCE STATEMENT

The following outline is a record of the undersigned Bidder's experience in construction of three (3) projects of a type similar in magnitude and character to that contemplated under PROJECT No. 253007 within the past two years. Include the location of each project as well as the name, address, and phone number of the owner, and name of individual to contact.

Subcontractors performing in excess of one half of one percent of the prime Contractor’s total bid, or in the construction of streets or highways, one half of one percent of the prime contractor’s total bid or ten thousand dollars ($10,000), whichever is greater shall provide a similar outline.

Additional pages outlining this portion of the Bid may be attached. Failure to provide this statement may result in rejection of the bid by the City of Redlands.

1. Owner's Name:

Contact Person: Phone: ( ) Address of Owner:

Project Description:

Amount of Contract: Completion Date:

2. Owner's Name:

Contact Person: Phone: ( ) Address of Owner:

Project Description:

Amount of Contract: Completion Date:

3. Owner's Name:

Contact Person: Phone: ( ) Address of Owner:

Project Description:

Amount of Contract: Completion Date:

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BD 20

STATEMENT BY BIDDER

GENERAL INFORMATION

1. Bidder's Mailing Address

2. Number of years engaged in the contracting business under your present firm or trade name:

3. Have you ever failed to complete any work awarded to you? (Yes or No) . If yes, provide details in the space provided in Item 10.

4. Have you ever defaulted on a contract? (Yes or No) . If yes, provide details in the space provided in Item 10.

5. Have you ever been a party to a lawsuit or gone to arbitration during the last 5 years? (Yes or No) . If yes, provide details in the space provided in Item 10.

6. Has any Stop Notice been filed against you during the last 5 years? (Yes or No) . If yes, provide details in the space provided in Item 10.

7. Has your contractor's license ever been suspended, revoked, or subject to disciplinary action? (Yes or No) . If yes, provide details in the space provided in Item 10.

8. Contracts currently on hand:

Agency Name Amount of Contract Start Date Completion Date

9. Enter the name of person(s) who inspected the site of the proposed work for your firm and the date of said site inspection.

Name: Date:

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BD 21

10. In the space provided, the Bidder shall provide details concerning any "Yes" answers provided in this "General Information" section. Details shall include, but not be limited to, the nature of dispute, name of the agency involved and the final outcome. If requested by the City, the Bidder shall supply additional information, sufficiently detailed, to permit evaluation of the Bidder's ability to perform the work.

Question
Number Details

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CONTRACT DOCUMENTS
(
CD)

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PUBLIC WORK CONSTRUCTION CONTRACT

This Public Work Construction contract (“Contract”) is made and entered into this ___ day of ____________, 2022, by and between the City of Redlands, a municipal corporation, organized and existing under the laws of the State of California (hereinafter “City”), and __________________ (hereinafter "Contractor"). City and Contractor are sometimes individually referred to herein as a “Party” and, together, as the “Parties.”

In consideration of the mutual promises contained herein, City and Contractor agree as follows:

1. SCOPE OF WORK: Contractor shall furnish all materials and will perform all of the work for the following: UNIVERSITY STREET AND BROCKTON AVENUE TRAFFIC SIGNAL IMRPOVEMENTS PROJECT, complete all items as required by the Contract Documents (as herein defined) and Specifications for City’s UNIVERSITY STREET AND BROCKTON AVENUE TRAFFIC SIGNAL IMPROVEMENTS, PROJECT NO. 253007 (the “Work”).

2. CONTRACT SUM: City shall pay Contractor the sum of ___________________ dollars ($___________) as consideration for its performance of the Work in accordance with the terms and conditions set forth in the Contract Documents. Pursuant to Public Contract Code Section 22300, Contractor has the option to deposit securities with an escrow agent as a substitute for retention of earnings required to be withheld by City pursuant to an escrow agreement as set forth in Public Contract Code section 22300.

3. TIME FOR COMPLETION: The Work shall be completed within One Hundred Eighty (180) calendar days from and after the date of City’s issuance of a Notice to Proceed to Contractor.

4. LIQUIDATED DAMAGES: Contractor’s failure to complete the Work within the time allowed will result in damages being sustained by City. Such damages are, and will continue to be, impracticable and extremely difficult to determine. Accordingly, Contractor shall pay to City, or have withheld from monies due to Contractor, the sum of Five Hundred dollars ($500) for each consecutive calendar day in excess of the specified time for completion of the Work. Execution of this Contract shall constitute agreement by City and Contractor that Five Hundred dollars ($500) per day is the estimated damage to City caused by the failure of the Contractor to complete the work within the allowed time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs.

6. ATTORNEYS' FEES: In the event any action is commenced to enforce or interpret the terms or conditions of this Contract, or the Contract Documents, the prevailing Party in such action, in addition to any costs and othe r relief, shall be entitled to recover its reasonable attorneys’ fees, including fees for use of in-house counsel by a Party.

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9. ASSIGNMENT OF AGREEMENT: No assignment by a Party of any rights or interests under this Contract shall be binding on another Party without the written consent of the Party sought to be bound.

11. SEVERABILITY: Any provision or part of the Contract Documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor.

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IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and year first written above.

CITY OF REDLANDS
(SEAL)

By:____________________________________
Paul T. Barich, Mayor
ATTEST:

____________________________________
Jeanne Donaldson, City Clerk
(SEAL)

__________________________________________
Name of Contractor

By:_______________________________________
Signature of Authorized Agent

__________________________________________
Title

__________________________________________
Signature of Authorized Agent (if necessary)

__________________________________________
Title

__________________________________________
Contractor's License No.

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WORKER'S COMPENSATION INSURANCE CERTIFICATION

Description of Contract: City of Redlands
Municipal Utilities & Engineering Department

UNIVERSITY STREET AND BROCKTON AVENUE

TRAFFIC SIGNAL IMPROVEMENTS
PROJECT NO. 253007
Every employer, except the State, shall secure the payment of compensation in one or more of the following ways:

a. By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. b.

By securing from the Director of Industrial Relations, a certificate of consent to self- insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.

CHECK ONE

_____I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake self -insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861).

_____I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers’ compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers’ compensation laws of California, immediately I shall provi de the City with a certificate of consent to self- insure, or a certification of workers’ compensation insurance.

I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate
are true and correct.

Dated this day of , 2022. _____________________________________
(Contractor)
_____________________________________
(Signature)
_____________________________________
(Official Title)

(SEAL)

(Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with the Owner prior to performing the work of the contract.)

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FAITHFUL PERFORMANCE BOND

Whereas, the City of Redlands (“City”), S tate of California, and ______________ (hereinafter designated as "Principal") have entered into an agreement dated _____ , 2022 (“Agreement”) whereby Principal agrees to install and complete certain public improvements (the “Work”), which said Agreement is identified as UNIVERSITY STREET AND BROCKTON AVENUE TRAFFIC SIGNAL IMPROVEMENTS, PROJECT NO. 253007 and is hereby referred to and made a part hereof; and

Whereas, said Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Work, now, therefore, we, the Principal and, _____________________________, as Surety, are held and firmly bound unto the City in the penal sum of ________________________________ dollars ($_______________ ) lawful money of the United States, for the payment of which sum we bind ourselves, and our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Agreement and any alteration thereof made as therein provided, on his or its 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 faithfully fulfill the one-year guarantee of all materials and workmanship, and shall defend, indemnify and save harmless the City and its elected officials, officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a condition precedent to the satisfactory completion of the Work, the above obligation shall hold good for a period of one (1) year or longer if required by the Agreement after the acceptance of the work by the City, during which time if the Principal shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage made evident during this period from the date of completion of the Work, and resulting from or caused by defective materials or faulty workmanship, the above obligation in penal sum thereof shall remain in full force and effect. The obligations of Surety hereunder shall continue so long as any obligation of the Principal remains.

1. Complete the Work in accordance with its terms and conditions; or

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Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Principal.

The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or 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 of time, alteration or addition to the terms of the Agreement or to the work or to the specifications.

No final settlement between the City and the Principal shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied.

The Principal and Surety agree that if the City is required to engage the services of any attorney in connection with the enforcem ent of this bond, each shall pay the City’s reasonable attorneys’ fees incurred, with or without suit, in addition to the above sum.

In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on , 2022.

(SEAL) (SEAL)

(Contractor) (Surety)
BY:
(Signature) (Signature)

Address:___________________________________
__________________________________________
(Seal and Notarial Acknowledgment of
Surety)
Telephone ( )___________________________

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LABOR AND MATERIAL BOND

Whereas, the City Council of the City of Redlands, State of California, and ________________ (hereinafter designated as “Principal”) have entered into an agreement (the “Agreement”) w hereby Principal agrees to install and complete certain designated public improvements (the “Work”), which said agreement, dated ____________, 2022, and identified as

UNIVERSITY STREET AND BROCKTON AVENUE TRAFFIC SIGNAL
IMRPOVEMENTS, PROJECT NO. 253007 is hereby referred to and made a part hereof; and

Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of ______________ dollars ($
_____) for materials furnished or labor thereon
of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs
and to be included in the judgment therein 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.

In witness whereof, this instrument has been duly executed by the Principal and surety above named, on _______________________, 20

22. (SEAL) (SEAL)

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GENERAL CONDITIONS
(GC)

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GC 1

GENERAL CONDITIONS

The Standard Specifications for Public Works Constructions, 2018 Edition (Greenbook), together with supplements as published by Building News, Inc., are modified herein and comprise the Standard Specifications. For convenience, the section and subsection numbering system used in these modifications correspond to those used in the Greenbook. Unless specifically deleted or modified herein, all requirements of the Greenbook shall prevail.

SECTION 1 – GENERAL, TERMS, DEFINITIONS, ABBREVIATIONS,

UNITS OF MEASURE, AND SYMBOLS

1-2 TERMS AND DEFINITIONS.

Agency - Amend as follows:
“The legal entity (City) for which the Work is being performed.”

Bidder - Amend as follows:
“Any individual, firm, partnership, corporation, or combination thereof, licensed in accordance with the provisions of Chapter 9, Division III of the Business and Professions Code, submitting a Bid for the Work, acting directly or through a duly authorized representative.”

City. The City of Redlands, San Bernardino County, California, being the legal entity for which the Work is being performed. Also referred to as Agency or Owner.

City Council. The City Council of the City of Redlands, San Bernardino County, California, being the body authorizing entrance into legal agreements and allowing work in public right-of- way or on public property controlled by the City of Redlands. Also referred to as Board.

Engineer - Amend as follows:
“The Chief Engineer of the Agency, being the Municipal Utilities and Engineering Director, or other person designated by the Board or Chief Engineer, acting either directly or through authorized agents.”

Fabricated. An item specifically assembled or made out of selected materials to meet individual design requirements.

Guarantee. See Warranty.

Laboratory. The designated laboratory authorized by the City of Redlands to test materials and work involved in the Contract.

Manufactured. A standard mass-produced unit or item meeting design requirements.

Owner. The City of Redlands, San Bernardino County, California.

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Pavement. The uppermost layer of material placed on the traveled way or shoulder. Also referred to as surfacing.

Rain Day. A scheduled working day when you cannot perform work on the controlling activity for at least 50 percent of the day with at least 50 percent of the normal labor and equipment due to adverse weather-related conditions that cause the Contractor to dismiss the crew.

Street - Delete and replace with the following:
“Any road, highway, parkway, freeway, avenue, street, lane, alley, crossing, intersection, court, place, circle, walk, way, or any public right-of-way within the jurisdiction of the Agency.”

Surety - Delete and replace with the following:
“An admitted corporate surety as listed by the United States Department of Treasury and duly licensed to conduct business in the State of California and County of San Bernardino and acceptable to the City of Redlands, bound with and for the Contractor for the acceptable performance, execution, and completion of the Work, and for the satisfaction of all obligations incurred.”

Warranty. An extended insurance by the Contractor, of any product or item of work installed as a part of this project for replacement and/or repair for the time period specified, including but not limited to, all parts, labor, materials, tools, equipment costs, etc. necessary for the product or item of work to be in proper and acceptable working condition after completion of the project. For the purposes of this Contract, the period of coverage shall begin on the date of the Notice of Completion filed by the Owner.

Working Hours. Unless specified otherwise, working hours shall be from 7:00 AM to 4:00 PM, Monday through Friday, inclusive. No lane reduction shall occur prior to 8:30 AM. Saturdays, Sundays, and City Holidays, as shown on the current year Construction Schedule, are excluded unless authorized by the City.

1-7.2 CONTRACT BONDS. - Add the following sentence to paragraph 1:

The warranty provisions set forth in Section 7-18 shall be secured by the Contract Performance Bond required under this section and said Bond shall remain in full force and effect for a period of one year from the date of completion as specified in the Notice of Completion.

SECTION 2 - SCOPE OF THE WORK

2-2 PERMITS. - Amend the following:

Amend the first sentence of paragraph 1 as follows:
“The Contractor will obtain all permits necessary to perform the work in streets, highways, railways or other rights-of-way.”

Add the following sentence between the first and second sentences of paragraph 1:

For all work within Caltrans right-of-way, the Contractor shall obtain their own Caltrans Encroachment Permit and pay all necessary permit and inspection fees as required by Caltrans.

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Add the following paragraph:

The Contractor shall, prior to the start of work, procure all permits and licenses, including but not limited to, a City Business License for itself, subcontractors, and all parties performing actions associated with this contract within the City of Redlands, City Truck Route Permit, City Street/Lane Closure Permit, City Encroachment Permit, USA Verification Number, DOSH Excavation Permit, other permits required by agencies and/or utilities having jurisdiction on the work, pay all charges and fees required by the City, other agencies and utilities, and give all notices necessary and incidental to the due and lawful prosecution of the work. All City permits associated with this project are no fee to the Contractor.

SECTION 3 - CONTROL OF THE WORK

3-7 CONTRACT DOCUMENTS.

3-7.1 General. – Add the following paragraphs:

Contractor’s working drawings or plans for any structure not included in the plans shall be approved by the Engineer before any work is performed. It is mutually agreed that approval by the Engineer of the Contractor’s working plans does not relieve the Contractor of any responsibility for accuracy of dimensions and details, and that the Contractor shall be responsible for agreement and conformity of their working plans with the approved plans and specifications.

Finished surfaces in all cases shall conform with the lines, grades, cross sections, and dimensions shown on the approved plans. Deviations from the approved plans will be determined by the Engineer and approved in writing. In the event of a discrepancy between any drawing and the figures written thereon, the figures shall be taken as correct.

Should it appear that the work to be done or any matter thereto is not sufficiently detailed or explained by the plans and specification, the Contractor shall apply to the Engineer for such further explanation as may be necessary and shall conform to such explanation or interpretation as part of the Contract so far as may be consistent with the intent of the original plans and specifications.

3-7.1.1 Preconstruction Meeting. The Contractor to whom the contract is awarded, and all his major subcontractors, shall attend a pre-construction meeting. The time and location of said meeting will be set by the City. Contractor will be given adequate notice of such meeting. It shall be the Contractor's responsibility to notify his subcontractors of the time and location of the meeting. All submittals as required under the General Requirements shall be submitted by the Contractor at the time of the meeting.

The Contractor will be provided with an electronic (.PDF file) of the conformed plans and specifications for their use throughout the project. Contractor is responsible for all costs of reproduction.

Progress meetings will be scheduled by the City. The Contractor will be given at least five working days notice of the time and location of said meetings. The Contractor has the responsibility of notifying his subcontractors, suppliers, and fabricators of the time and location of said meetings.

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Meetings will be held either at the job site, at the offices of the City of Redlands, or at any other location approved by the City. The Contractor may request, in writing, that a meeting be held.

The City will schedule a meeting at the Contractor’s request not more than five working days after receiving said written notice.

3-7.2 Precedence of Contract Documents. – Replace paragraph 2 with the following:

The precedence shall be (A. being highest, O. being lowest):

A. Permits from other Agencies as may be required by law.

B. Change Orders.

C. Contract.

D. Addenda.

E. Bid Schedule/Proposal.

F. General Requirements.

G. Technical Specifications.

H. Plans.

I. MUED General Permit Conditions and Trench Specifications.

J. City of Redlands Water & Sewer Systems Standard Specifications.

K. General Conditions.

L. City of Redlands Standard Specifications and Detail Drawings for Design and Construction of Public Improvements and all Supplements
M. Standard Specifications for Public Works Construction (SSPWC), 2018 Edition N. Standard Plans for Public Works Construction, 2012 Edition O. Reference Specifications.

3-8.7 Record Drawings. The Contractor shall maintain at the job site, a set of record drawings for the work showing: exact location information of all existing underground utilities encountered, final locations determined in the field, any deviations from the plans and specifications and new work performed within the work area; and all differences between the work as drawn and as installed for all concealed work as well as work added which is not shown on the drawings. Concealed work shall mean all work installed underground or in an area which cannot be readily inspected by use of access panels, inspection plates or other removable features.

These record drawings shall be kept current and legible, and shall be available for inspection at all times by the Engineer, Architect and Contractor. All information, changes in the work or work added on these record drawings shall be marked in red. All markings shall use the same legends that are used on the drawings. Indicate locations by exact dimensions and elevations. Give dimensions and elevations from a permanent reference point and prepare all changes to scale.

At the end of construction, the contractor shall prepare one set of marked-up prints of the record drawings indicating any and all revisions and changes to the drawings reflecting As-Built conditions.

The drawings shall also contain a listing of all subcontractors who worked on the construction project.

The As-Built drawings will be submitted to the Municipal Utilities and Engineering Department for review and approval by the City Inspector and Engineer.

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The design engineer or City staff shall prepare the final As-Built drawings for record purposes in one of the following two ways: (1) Check out the original drawings from the City and manually revise the drawings to reflect the As-Built condition; or (2) Re-plot the original drawings electronically on 4 mil mylars and make revisions electronically to reflect the As-Built conditions. The final As-Built drawings will be reviewed and approved by the City Inspector and Engineer

The construction related bonds will not be released by the City until the As-Built drawings are accepted by the Engineer and all City stipulated conditions for the release of the bonds have been satisfied.

3-10 SURVEYING.

3-10.3 Line and Grade. - Add the following sentences to paragraph 1:

All distances and measurements shown are and will be made in a horizontal plane. Construction line and grade staking shall be set at maximum intervals of 25 feet when the grade is 0.50 percent or greater. Construction line and grade staking shall be set at maximum intervals of 12 feet when the grade is less than 0.50 percent.

3-10.4 Permanent Survey Markers.

The Registered (licensed) Land Surveyor or Registered Civil Engineer authorized to practice land surveying in accordance with all provisions of Section 8771 of the Business and Profession Code shall be hired as a subcontractor or employed by the Contractor.

3-10.5 Survey Service.

Contractor shall be responsible for: furnishing all surveying and staking, horizontal and vertical, as shown on the plans and in accordance with the specifications; furnishing all staking for sub-grade and base course grades per typical sections; replacing any existing monuments and ties which have been destroyed by construction; identifying, locating and tying out all monuments and ties necessary within the work area; and shall reinstall all disturbed monuments and ties, supplying the Engineer with copies of monument and tie sheets recorded with the County Surveyor in accordance with applicable State law. Monuments shall be approved by the Engineer.

Surveying and staking shall be done by a Registered (licensed) Land Surveyor or Registered Civil Engineer authorized to practice land surveying in accordance with all provisions of Section 8771 of the Business and Professions Code.

Unless otherwise specified, stakes will be set and stationed by the Contractor’s surveyor for curbs, headers, sewers, storm drains, structures, rough grade and all other staking necessary for the construction of the work. A corresponding cut or fill to finished grade (or flowline) will be indicated on a grade sheet to be supplied to the Engineer. The Contractor shall dig all holes necessary for line and grade stakes.

3-13 COMPLETION, ACCEPTANCE, AND WARRANTY.

3-13.2 Acceptance. - Add the following paragraphs:

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The Contractor shall submit written assertion that the work has been completed prior to the Engineer making final inspection. The Engineer will have 48 hours to inspect the work. If the Engineer determines that the work is not complete, written notice will be given.

Until final acceptance of work by the Engineer, the Contractor shall have charge and care thereof from damage caused by the action of the elements or from any other cause, whether arising from the execution or from the non-execution of the work. The Contractor shall rebuild, repair, restore, and make good all injuries or damage to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense thereof.

All work which has been rejected shall be remedied or removed and replaced by the Contractor at their expense with work conforming to the plans and specifications. Any defective material or workmanship which may be discovered before final acceptance or within one year from the date of final acceptance shall be immediately corrected by the Contractor at their expense, notwithstanding that it may have been overlooked in previous inspections and estimates. Failure to inspect work at any stage shall not relieve the Contractor from any obligation to perform sound and reliable work as herein described. It is the Contractor’s ultimate responsibility to deliver a complete, operational project that complies in all details with these specifications, at the time of final acceptance.

Any omission or failure on the part of the City to discover or notify the Contractor of or to condemn defective work or material at the time of construction shall not be deemed as acceptance, and the Contractor will be required to correct defective work or material prior to final acceptance.

The City will endeavor to locate any errors or defective materials or workmanship and call them to the attention of the Contractor prior to subsequent work being performed. However, the City is under no obligation to do so and shall not be held liable because errors or defective material or workmanship by the Contractor are not discovered prior to subsequent work.

Nothing in this section shall be construed to limit the rights of the City to immediately correct conditions which are unsafe or which pose a public health nuisance. Should said corrections later be found to be caused by defective material and/or workmanship, the Contractor and their surety shall reimburse the City for costs reasonably incurred while attending the situation.

In the event it is necessary for the City to file suit to enforce any liability of the Contractor pursuant to this Section, the City shall be entitled to recover from the Contractor, in addition to all other amounts found due and owing, costs of suit and reasonable expenses and fees including reasonable attorneys’ fees incurred by the City in successfully enforcing the Contractor’s obligation, all to be taxed as costs and included in any judgment rendered.

3-13.3 Warranty. - Amend the following:

Amend the first sentence of the paragraph 3:
“The warranty period for specific items covered under manufacturers’ or suppliers’ warranties shall commence from the date of the final acceptance, except where longer warranty periods are specified.”

Add the following paragraphs:

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All start-up and testing shall be complete, approved and accepted before final acceptance, substantial completion, or beneficial occupancy.

The warranty provided herein shall not be in lieu of, but shall be in addition to any warranties or other obligations otherwise imposed by the specifications or by law. The remedies provided herein shall not be exclusive and the City shall be entitled to any and all remedies provided by law.

3-14 INSPECTION.

“The Contractor shall notify the Engineer at least 24 hours in advance before inspection is required.”

Whenever the Contractor varies the period during which work is carried on each day, due notice shall be given to the Engineer so that proper inspection may be provided. Varied working hours may be allowed only upon written authorization from the Engineer.

Work financed in whole or in part with funds from another public entity or performed within the jurisdiction of another public entity shall be subject to inspection at all times by authorized representatives of that entity.

The work shall be ready for inspection, whether by City, other public entities or independent testing laboratories, at the scheduled times arranged by the Contractor. If, in the City’s sole judgment, the work is not ready and the inspection must be rescheduled, the Contractor shall be notified. The Contractor shall reschedule the inspection and provide the proper 24 hour notification for the rescheduled inspection. Any costs incurred by the City for rescheduled inspections shall be reimbursed prior to the release of Bonds.

In order to allow for inspection, the Contractor shall notify the City’s inspector sufficiently in advance of the permanent concealment of any materials or work. The City’s inspector shall make the appropriate notifications to other public entities and independent testing laboratories for inspections.

All inspections required in the specifications for this project shall be coordinated through the City’s inspector.

If any work is concealed or performed without the prior notice specified, the work shall be subject to such tests or exposure as may be necessary to prove to the City, Architect and Engineer, that the materials used and the work performed are in conformity with the drawings and specifications. All labor, tools, materials and equipment necessary for exposing and testing shall be furnished by the Contractor at their expense. The Contractor shall replace at their expense, any materials or work damaged by exposure or testing.

Overtime inspection may be requested by the Contractor. Overtime inspection includes but is not limited to, any hours worked outside of the inspector’s normal working hours including weekends and holidays. Such requests shall be on a case-by-case basis as determined by the Engineer. If the Engineer so determines and approves, overtime inspection shall be paid for by the Contractor at the current City billing rate at the time of request or as billed by other public entities or independent testing laboratories. Any costs incurred by the City for overtime inspection shall be reimbursed prior to the release of Bonds.

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SECTION 4 - CONTROL OF MATERIALS

4-1 GENERAL. - Delete and replace with the following:

Should any work performed or material furnished under the Contract prove defective or not in accordance with the Plans and Specifications and in the opinion of the Engineer such defect is not of sufficient magnitude or importance to make the work dangerous or unusable, or if the removal of such work is impracticable or will create dangerous or undesirable conditions, the Engineer at his discretion shall have the right and authority to retain such work instead of requiring it to be removed and reconstructed, but he shall make such deductions therefore in the payment due the Contractor as may be just and reasonable.

4-1.1 Warranty of Title. No materials, supplies or equipment for the work under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale contract or other agreement by which an interest therein or any part thereof is retained by the seller or supplier. The Contractor warrants clear and good title to all materials supplied and equipment installed and incorporated in the work and agrees, upon completion of all work, to deliver the premises, together with all improvements and appurtenances constructed or placed thereon by him, to the Owner free from any claims, liens, encumbrances or charges, and further agrees that neither he nor any person, firm, or corporation furnishing any material or labor for work covered by the Contract shall have any right to a lien upon the premises or any improvement or appurtenance thereon, provided that this shall not preclude the Contractor from installing metering devices or other equipment of utility companies the title of which is commonly retained by the utility company. Nothing contained in this article, however, shall defeat or impair the right of such persons furnishing materials or labor under any bond given by the Contractor for their protection, or any right under any law permitting such persons to look to funds due the Contractor, which are in the hands of the Owner.

4-1.2 Clayton Act. In submitting a bid to the City, if the bid is accepted the Contractor agrees it will assign to the City all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.

Section 15) or under the Cartwright Act (chapter 2 [commencing with Section 16700] of Part 2 Division 7 of the Business and Professionals Code), arising from purchases of goods, materials, or services by the Bidder for sale to the City pursuant to the bid. Such assignment shall be made and become effective at the time the City tenders final payment to the Bidder.

SECTION 5 – LEGAL RELATIONS AND RESPONSIBILITES

5-1.1 CONTRACTOR’S EQUIPMENT AND FACILITIES.

A noise level limit of 86 dbA at a distance of 15 m (50 feet) shall apply to all construction equipment on or related to the work whether owned by the Contractor or not. The use of excessively loud warning signals shall be avoided, except in those cases required for the protection of personnel.

5-1.2 General.

The enclosed toilets required by this section shall be located within an approved yard, if one is acquired by the Contractor. If a yard is not acquired by the Contractor or the project is not within a

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City owned property, the toilets must be installed on a trailer and removed from the jobsite each day.

At no times shall toilets be stored within the public right of way outside of working hours.

5-3 LABOR. - Amend the following:

5-3.1 General. - Add the following paragraphs:

Employment of apprentices are required on projects of $30,000 or more. Provisions in Sections 1777.5 of the California Labor Code fixes responsibility of compliance with that section for all apprenticeable occupations with the Contractor. Section 1777.5 provides that the Contractor and every Subcontractor shall submit contract award information to the applicable joint apprenticeship committee. One apprentice hour for every five journeymen hours worked is the minimum State requirement applicable to each apprenticeable trade. Section 1777.7 of said Labor Code provides that the Contractor shall forfeit as a civil penalty the sum of one hundred dollars ($100.00) for each calendar day of noncompliance with provision of said Section 1777.5.

The Contractor will observe all applicable health and safety requirements, including, but not limited to the California and Federal Occupational Safety and Health Acts. The Contractor shall submit for review by the City a Site Specific Health and Safety Plan prior to the commencement of construction activities. This Plan shall meet or exceed the requirements of 29 CFR 1910.120.

5-3.2 Prevailing Wages. - Add the following paragraphs:

Contractors are hereby notified that pursuant to Section 1770 of the Labor Code of the State of California, the City Council of the City of Redlands, California, by Resolution No. 2326, has ascertained the general prevailing rate of hourly wages and rates for legal holidays and overtime work in the locality where this work is to be performed, for each craft or type of workman or mechanic needed to execute the Contract which will be awarded to the successful Bidder. The Contractor shall comply with Sections 1770 to 1780 inclusive of the Labor Code and Master Labor Agreement of Southern California.

The Contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this Contract in full less legally required deductions and also deductions made pursuant to the regulations prescribed under the so-called “Kick- Back Statute” (48 Sta. 948; U.S.C. 875; 40 U.S.C. 276c).

In accordance with Section 1775 of the California Labor code, Contractor shall forfeit to City, as a penalty, a minimum of $40 for each day, or portion thereof, and a maximum of $200 for each day, or portion thereof, for each worker paid, either by Contractor, or any subcontractor, less than the prevailing rates as determined by the Director of the California Department of Industrial Relations for the work.

Contractor further agrees to fully comply with all applicable provisions of the California Labor Code including but not limited to Sections 1771, 1775, 1776, 1777.5, 1813 and 1815. Failure to abide by prevailing wages and laws by Contractor will be enforced.

The Contractor or subcontractor shall, as a penalty, to the State or political subdivision on whose behalf the contract is made or awarded forfeit twenty-five ($25) dollars for each worker employed in

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the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any calendar day and 40 hours in any calendar work in violation of Labor Code section 1813.

5-3.3 Payroll Records. – Delete and replace with the following:

The contractor and subcontractors shall submit electronic certified payroll on a weekly basis to the City of Redlands through LCPtracker. LCPtracker is a web-based labor compliance management system. The Prime Contractor and Subcontractors and lower-tier Subcontractors will receive an email from LCPtracker providing their log-on identification and temporary password. The Contractors will need to follow the instructions in the email to set-up their permanent password and activate their account. Once their account is setup, LCPtracker Inc. provides either computer based or web based training. Training can be accessed via the “Book Now” button located under the “Projects” tab. The prime contractor shall submit their certified payroll, along with any subcontractor who is performing any labor, on a weekly basis. The prime contractor is responsible for all communication with their subcontractors and shall submit their subcontractor’s certified payroll as part of their weekly payroll packet. All labor compliance correspondence and submissions will be made through the LCPtracker software.

All certified payroll shall be submitted no later than 7 days from the close of the pay period. The payroll records shall set out accurately and completely the name, social security number, classification and hourly wage rate of each employee, hours worked by employee during the payroll period and a full weekly wages and the actual weekly wages paid to the employee. Such certified payroll records shall be made available at all time for inspection by the City, the Department of Industrial Relations, the Department of Labor or authorized representatives within ten days of request. The contractor and subcontractor shall preserve weekly payroll records for a period of three (3) years from the date of completion of the Contract. In case on noncompliance with said Section 1776 and after a ten-day period following receipt of written notice, the Contractor shall forfeit to the California Department of Industrial Relations one hundred dollars ($100.00) for each calendar day or portion thereof, for each worker in non-compliance, until compliance is effectuated.

In order to meet labor compliance requirements, all contractors will be required to complete eDocuments which are accessed, submitted and approved through LCPtracker. All eDocuments are required to be signed by an owner/officer or authorized signer. The Prime Contractor and each Subcontractor and every lower-tier Subcontractor and any Vendors subject to this provision shall comply with Title 8, Section 16404 of the California Code of Regulations.

A Fringe Benefit Statement shall be submitted with the first payroll and is required for both the prime contractor and any subcontractors. A new Fringe Benefit Statement will be required when general determinations are issued in February and August. Please refer to the DIR website for additional details. Any weeks where no work was performed must be represented by the submittal of a Statement of Non-Performance covering the 7 day pay period where no hours were worked on the site. Final payroll on the project should state “Final” on the certified payroll, and must be marked as such in the LCPtracker system.

Failure by the Contractor to comply with the aforementioned requirements shall result in withheld progress payments until such time certified payroll documents have been received, reviewed, and

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accepted by the City. The City reserves the right to seek assistance from the State Department of Industrial Relations in determining the acceptability of certified payroll submittals before release of withheld progress payments. Prior to the release of retention monies, all certified payroll must be submitted on the project and any outstanding issues that may have occurred throughout the project must be resolved.

5-4 INSURANCE. - Delete Section 5-4.1, Section 5-4.2 and replace with the following:

Contractor shall furnish the City with the customary Certificates of Insurance for all required insurance listed below. General Liability Insurance shall name the City and the Consultant, as an additional insured and shall be primary and non-contributing to any insurance or self-insurance maintained by the City. All liability 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 City shall be notified by registered mail, return receipt requested, giving sufficient time before the date thereof to comply with any applicable law or statute, but in no event less than forty five (45) days before expiration or cancellation is effective.

TIER 1 DESIGNATED INSURANCE REQUIREMENTS
a. Commercial General Liability
CONTRACTED OPERATIONS DESIGNATED AS TIER 1
Air Conditioning (HVAC)
Systems (installation)
Electric Light or Power Line
Construction Pipeline Construction
Airport Runways (paving,
repaving, etc.) Elevator Work Roofing
Blasting Operations Excavation Sandblasting
Bridge or Elevated Highway
Construction
Fire Suppression Systems
(installation)
Sewer and Water Main
Construction
Buildings Structural Work
(including elevators)
Gas Mains or Connections
Construction Sign Erection (streets)
Building Structure (raising or
moving) Geophysical Exploration Solar Energy
Cable Installation in Conduits and
Conduit Construction (streets) Grading of Land Street Cleaning Caisson or Cofferdam Work Hazardous Materials Contractors Street or Road Construction Dam or Reservoir Construction Irrigation or Drainage
Construction
Tank Construction, Installation,
Erection or Repair
Demolition (structures) Landscape Construction (street or street medians)
Telephone or Cable Line
Construction
Drilling Painting (exterior greater than
single story)
Tree Pruning, Dusting, Spraying
or Removal

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 $1 Million Per Occurrence/ $2 Million Aggregate
 City listed as an Additional Insured on the coverage
 Coverage is primary and non-contributory
 If scope of work is within 50 feet of any railroad, endorsement citing inclusion of liability associated with this work is required
 If any policy forms of endorsements are cited to grant extension of coverage, they must be included with the Certificate of Insurance submission

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d. Pollution Policy (Hazardous Materials) [If Applicable]  Required of Projects that involve Demolition and/or Excavation Activities  $1 Million Per Occurrence/ $2 Million Aggregate
 City listed as an Additional Insured on the coverage
CONTRACTED OPERATIONS DESIGNATED AS TIER 2
Air Conditioning (HVAC) Systems
(service and repair) Carpentry (building interiors) Fire Suppression Systems (service and repair)
Alarms and Alarm Systems Communications Equipment
Installation (interior) Landscape Construction
Building Interior Work (service,
repair and non-structural
remodeling)
Driveway, Parking Area or
Sidewalk (paving or repaving) Painting (exterior)
Cable Installation in Conduits
(buildings) Fence Erection All Other Job Types including Vendors

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To the extent any of the damages referenced herein were caused by or resulted from the concurrent negligence of City, its agents or employees, the obligations provided herein to indemnify, defend and hold harmless are valid and enforceable only to the extent of the negligence of contractor, its officers, agents and employees.

Subcontractors. The prime contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements from each subcontractor.

The Contractor shall give personal attention to this work which is sublet. Nothing contained in the contract documents shall create any contractual relation between any subcontractor and the City.

5-4.3 Worker’s Compensation Insurance. - Delete and replace with the following:

A. Contractor shall have worker’s compensation and employer’s liability insurance in force throughout the duration of the contract in an amount which meets the statutory requirement with an insurance carrier acceptable to the City. The insurance policy shall include a provision prohibiting cancellation of said policy except upon forty-five (45) days prior written notice to City. Certificates of Insurance shall be delivered to the City at the time of the Contractors’ execution of the agreement.

B. Contractor expressly waives all rights to subrogation against the City, its officers, employees and volunteers for losses arising from work performed by Contractor for City by expressly waiving Contractor’s immunity for injuries to Contractor’s employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this Agreement extend to

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any claim brought by or on behalf of any employee of Contractor. This waiver is mutually negotiated by the parties. This shall not apply to any damage resulting from the sole negligence of City, its agents and employees. To the extent any of the damages referenced herein were caused by or resulted from the concurrent negligence of City, its agents or employees, the obligations provided herein to indemnify, defend and hold harmless are valid and enforceable only to the extent of the negligence of contractor, its officers, agents and employees.

5-6 PATENT FEES OR ROYALTIES. Delete and replace with the following:

The Contractor shall include in its Bid the patent fees or royalties on any patented article or process which may be furnished or used in the Work. The Contractor shall indemnify and hold the City harmless from any legal action that may be brought for infringement of patents. The Contractor’s attention is directed to “Notice of Patents, Data, and Copyright Regulations” of the Federal Labor Standards.

The Contractor shall bear all costs arising from the use of patented goods and/or processes used on and/or incorporated into the Work. When use of these goods and/or processes is judged to be an infringement and the use is banned, the Contractor, at its own expense, shall, with concurrence of the Engineer, do one of the following:

A. Secure for the City the right to continue using goods and/or processes by suspension of the injunction or by procuring a license(s);

B. Replace said goods and/or processes with non-infringing goods and/or processes;

C. Modify said goods and/or processes so that they become non-infringing; or

D. Remove said goods and/or processes and refund the sum paid therefore without prejudice to any other rights of the City.

The preceding shall not apply to any goods manufactured to the detailed design of the City contained in the Contract Documents.

5-7 SAFETY.

5-7.1 Work Site Safety.

5-7.1.1 General. - Amend the following:

Add the following sentences to paragraph 1:

Should watering be the sole method utilized for roadway dust abatement purposes, the maximum time interval that shall elapse between applications thereof shall be no greater than 3 hours during normal working day, supplemented by an additional application thereof immediately prior to the conclusion of the workday and at such other times as may be required, including evenings, weekends and holidays as required by the Engineer. Should the Contractor be unable to furnish dust abatement as specified, the City may perform or cause to be performed the necessary service, the expense of which will be deducted from the payment due the Contractor.

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Add the following paragraphs:

To insure the protection of storm drain inlets, Best Management Practices (BMPs) shall be employed during cleanup and dust control operations. Refer to Section 7-8.6.

Compliance with this section is of extreme importance to the City and its citizens. The City may fine the Contractor $1,000 per incident if there are issues with dust, mud, unused equipment or materials and rubbish within the construction area that result in citizen complaints. A 24 hour notice shall be issued to the Contractor and failure to correct the problems will result in the fine being levied. This fine will be in addition to those fines potentially charged for NPDES violations.

5-8 AIR POLLUTION CONTROL.

Dust control shall be performed in accordance with Subsection 7-8 of the Standard Specifications, South Coast Air Quality Management District (SCAQMD) Rule 403, the general Provisions and the following Provision.

Dust resulting from the Contractor’s performance of the work, either inside or outside, the right-of- way shall be controlled by the Contractor. Dust control includes the action necessary to prevent, reduce or control dust within the work area as required to complete the work. The Contractor shall carry out proper and efficient measures to prevent his operations from producing dust in amounts damaging to property or causing a nuisance, or harm to persons living nearby or occupying buildings in the vicinity of the work. The Contractor shall control dust 24 hours a day, seven days a week. The methods to be used for controlling dust in the construction area and along haul roads shall be approved by the Engineer prior to starting any work. The Rule 403 Implementation Handbook published by the SCAQMD, contains a detailed listing of reasonably available dust control measures.

Dust control ordered by the Engineer to be applied on Saturdays, Sundays or holidays will be included in the Contract price for dust control and no additional compensation will be allowed therefore.

The full compensation for all direct and indirect costs incurred for work performed or materials used to control dust resulting from the Contractor’s performance of the work and caused by public traffic, either inside or outside the right-of-way shall be considered as included in the Contract prices paid for the various items of work involved and no additional compensation will be allowed therefore.

5-9 STORAGE OF EQUIPMENT AND MATERIALS.

The Contractor shall be required to provide and maintain as necessary, any additional property required for storage of equipment, materials, etc., to perform work on this project. Should the additional property be located within the city limits of the City of Redlands, the Contractor shall obtain written approval from the City of Redlands Development Services Department and comply with all conditions set therein prior to use. When private property is used for a yard area, the Contractor shall also secure written authorization from the private property owner and supply a copy of such to the City before any monthly progress payment is submitted.

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The Contractor shall ensure the construction yard adheres to all local, State and Federal regulations, ordinances, codes and maintained in a neat and orderly manner throughout the duration of the project.

The contractor shall include the construction yard in the Erosion Control Plan or SWPPP and shall be inspected and approved prior to use of the yard. If at any time during the project the location of the construction yard changes from the approved site, the City shall be notified prior to relocation for inspection and approval. Should the Contractor fail to comply with these conditions, the Engineer may suspend the work per SSPWC section 6-3 until the condition is corrected.

At the end of the project or as required, the Contractor shall: clean up and remove all trash and debris, including all organic trash and debris; clean up and remove all hazardous and biochemical wastes from the property to the satisfaction of the agency (City, County, State, or Federal) charged with overseeing these items; and provide to the City a written release from the private property owner that they are satisfied with all clean up and removal work.

5-9.1 Storage in Public Streets.

Construction materials and equipment shall not be stored within public streets or right of way without prior approval from the City. In order to seek approval, Contractor shall submit a location map with all equipment or materials identified including size, duration and any BMP’s installed and provide at least 7 days for review by the City.

5-10 WATER POLLUTION CONTROL.

The Contractor shall follow the City's guidelines for Storm Water Pollution Prevention in providing storm water pollution control at the project site, including the implementation of approved Erosion/Sediment Control Plans during construction as well as the implementation of approved Water Quality Management Plans.

Construction activities disturbing 1 acre or more of land shall comply with the State Water Resources Control Board’s NPDES General Construction Storm Water Permit. A copy of the Notice of Intent (NOI) to include the Waste Discharge Identification (WDID) number shall be submitted as part of the Storm Water Pollution Prevention Plan (SWPPP) to the Engineer for review. Call (909) 782- 4130 for NOI/WDID information.

All projects requiring grading shall submit to the City for review and approval an Erosion/Sediment Control Plan and a Grading Plan. Permit(s) will not be issued until plans are approved and may be revoked if work required in these specifications are not complied with.

Construction sites shall be maintained by implementation of BMPs in such manner that pollutants are not discharged from the site to the maximum extent practicable. A few references available to help with selection and implementation of applicable BMPs are:

1. California Storm Water Best Management Practice Handbook, American Public Works Association, March 1993;

2. The Construction Site Best Management Practices Manual, November 2000;

3. Storm Water Pollution Prevention Plan and Water Pollution Control Program Preparation Manual, November 2000;

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4. California Regional Water Quality Control Board’s San Francisco Bay Region, Guidelines for Construction Projects; and

5. California Regional Water Quality Control Board’s San Francisco Bay Region, Erosion and Sediment Control Field Manual, July 1999.

All discharges into the storm drain system are prohibited except for potable water, properly treated discharge, and those discharges specifically approved by the Engineer. The following are some of the prohibited discharges:

1. Discharges that could have an impact on human health or the environment, cause or threaten to cause pollution, contamination, or nuisance;

2. Discharges that exceed any applicable water quality standard contained in a statewide Water Quality Control Plan or local Basin Plan; and

3. Discharges containing hazardous substances equal to or in excess of a reportable quantity listed in Federal regulations 40 CFR, Parts 117 and 302.

Materials that can cause or contribute to pollution or a violation of any applicable water quality standard include, but are not limited to: sediments; solid or liquid chemical spills; wastes from paints, stains, sealants, glues, limes, pesticides or herbicides and wood preservatives or solvents; asbestos fibers, paint flakes or stucco fragments; fuels, oils, lubricants or hydraulic, radiator and battery fluids; fertilizers; vehicle and equipment wash water or concrete wash water; concrete, detergent or floatable wastes; wastes from any engine and equipment steam cleaning or chemical degreasing; and chlorinated potable water line flushings.

Unless exempted or authorized by an NPDES permit, all non-storm water discharges require prior approval by the Engineer or the State Water Resources Control Board with Engineer approval.

During construction, temporary storage of such materials as identified above, must occur in a designated area physically separated from potential storm water runoff, with ultimate disposal in accordance with local, state and federal requirements.

De-watering of contaminated groundwater or discharging contaminated soils via surface erosion is prohibited.

5-11 TEMPORARY LIGHTS, POWER AND WATER.

Any water drawn from a City fire hydrant shall be via a City owned water meter. Said meter may be obtained from the Municipal Utilities & Engineering Department. Contractor is responsible for payment of a $1200 deposit fee. Said meter shall be returned in a condition like received, less normal wear and tear. All meters are loaned subject to the conditions of the Fire Hydrant Construction Meter Water Service Application. Contractor must provide proposed location of meter and notify Customer Service at (909) 798-7516 each time the meter is relocated during construction. Water reasonably used in connection with the construction contract will be provided at no cost to the Contractor. Water use determined to be wasteful or unreasonable will be charged for at the prevailing rate.

5-12 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS.

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The Contractor shall relocate, re-establish, repair or replace all existing improvements within the work limits or right-of-way which are not designated for removal (e.g., sprinkler systems, curbs, sidewalks, driveways, fences, walls, signs, utility installations, pavement, structures, etc.) which are damaged or removed as a result of its operations.

Relocations, re-establishments, repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension.

All costs to the Contractor for protecting, removing, restoring, relocating, repairing, replacing or re- establishing existing improvements shall be included in the Bid.

The Contractor shall be responsible for the maintenance of the streets and roadways to be used by public and local traffic through and adjacent to the construction zone, from the date of "Notice to Proceed" until the date of acceptance of the completed construction improvements.

Street maintenance shall include filling of potholes, grading of subgrade and base, replacing signs, installing interim pavement striping and markers on the project streets and other side streets within the construction zone. Street maintenance shall also include sweeping and washing of streets, adjacent and connected to the construction zone on a weekly, or more frequent schedule, to prevent the accumulation of dust, dirt, gravel or other deleterious materials, all as necessary to maintain the construction roadways and adjacent streets in a safe, clean and drivable condition for use by public and local traffic.

Upon request from the City for information pertaining to a claim against the contractor, contractor shall provide a written/email response, including all requested information, within 14 calendar days of City’s request. If a response with all requested information is not provided to the City within 14 calendar days, a penalty of $500 per calendar day will be assessed to the Contractor by the City.

5-13 PUBLIC CONVENIENCE AND SAFETY.

5-13.1 General.

The Contractor may be allowed to close the roadway, or a portion thereof, to traffic during normal work hours upon approval from the Engineer. During any closure, the Contractor shall allow access for residents, schools, trash service trucks, churches and businesses within the affected portion of roadway, except as required for construction for a reasonable period of time. The Contractor shall notify residents as noted within Section 7-19.

The Contractor shall provide and install barricades, delineators, warning devices and construction signs in accordance with the Work Area Traffic Control Handbook (WATCH) prepared by the Southern California Chapter of the American Public Works Association. During adverse weather or unusual traffic or working conditions additional devices shall be placed as directed by the engineer.

All traffic signs and devices shall conform to the current State of California, Department of Transportation (CALTRANS), "Manual of Warning Signs, Lights, and Devices for Use in Performance of Work upon Highways", unless otherwise approved by the Engineer.

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Fences, barriers, lights and signs shall be furnished, erected and maintained as necessary to give an adequate warning to the public at all times that the work is under construction and of dangerous conditions to be encountered as a result thereof, and warning and directional signs shall also be erected and maintained as may be required by the City. Should the Contractor fail to furnish a sufficient number of traffic and/or pedestrian safety devices within three (3) hours after being notified, the Owner will place such necessary items and the Contractor shall be liable to the Owner for providing such devices in accordance with the following provisions:

1. For placing of barricades - $15.00 per barricade for each day or part thereof.

For flashers - $15.00 per flasher for each day or part thereof.

For traffic cones - $7.50 per cone for each day or part thereof.

2. In the event that the services of the Owner are required outside the normal working hours and/or days or items not noted above are furnished by the City, all costs incurred by the City shall be the responsibility of the Contractor.

The Contractor shall relocate, preserve and maintain the visibility of all signs within the project limits which affect the flow of traffic, as directed by the engineer. Any signs that are missing or found damaged shall be replaced immediately by the Contractor at his expense.

The Contractor shall provide and maintain Class II barricades along excavation edges parallel to the flow of traffic at a spacing of twenty-five feet (25'). Class II barricades mounted with flashers shall be installed around work areas in parkways. Class II barricades shall have alternating black and reflectorized white (or yellow) stripes at an angle of 45 degrees. The stripe with shall be four to six inches.

During paving operations barricades may be supplemented with minimum size eighteen-inch (18") high traffic cones and delineators such that spacing between barricades and/or cones or delineators is no greater than twenty-five feet (25"). At all access points such as intersecting streets, alleys and driveways, barricades and/or cones shall be provided at five-foot (5') intervals so as to prevent vehicular access to the paving area. Where access from an intersecting street is prohibited, a "Road Closed" sign shall be provided. "No Left Turn" sign shall be provided wherever required by the Engineer.

Clearances from traffic lanes shall be 5 feet to the edge of any excavation and 2 feet to the face of any curb, pole, barricade, delineator or other vertical obstruction.

A 4 foot wide pedestrian walkway shall be maintained in the parkway area on each side of all streets, unless otherwise authorized by the Engineer. The minimum clearance from: the edge of pedestrian walkways to any traffic lane shall be 5 feet; the edge of pedestrian walkways to any work zone shall be 3 feet; and the surface of pedestrian walkways to any overhead obstruction shall be 7 feet.

The Contractor shall, at the end of each work day, have backfilled, compacted and placed a temporary drivable roadway surface on all work areas within traveled roadways prior to leaving

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the job site. Failure to comply to the satisfaction of the Engineer shall result in immediate correction by City forces, and all costs shall be borne by the Contractor.

Traffic control devices shall be marked with the Contractor’s name as appropriate. At no time shall any traffic control devices marked with companies or agencies other than the Contractor or subcontractors, be utilized within the work area.

All said traffic controls and safety devices shall be maintained in clean condition, with any and all graffiti removed by the end of workday on which the graffiti was first reported to the Contractor.

If the traffic control devices are deemed unacceptable by the Engineer due to being damaged, dirty, or marked incorrectly, the Contractor shall replace the traffic control devices immediately. Should the Contractor fail to furnish traffic control devices within three (3) hours after being notified, the Owner will place such necessary items and the Contractor shall be liable to the Owner for providing such devices in accordance with the provisions above.

5-13.1.1 Vehicular Access.

At such times as driveways are inaccessible due to the Contractor's work they shall be blocked by two (2) Class II barricades or one (1) Class II barricades and two (2) delineators. Driveways that are ramped or planked for temporary access shall be provided with a delineator at each side.

5-13.1.2 Signage. The Contractor shall furnish, erect and maintain all construction traffic signage as required and specified.

All construction traffic signage shall be in place prior to commencing any work, placed as needed during construction, moved as necessary and removed only upon completion of all work.

All construction traffic signage and controls shall comply with the State of California Manual of Traffic Controls, Warning Signs, Lights and Devices for use in Performance of Work Upon Highways. All construction traffic signage used in the performance of the work shall be a minimum of the encapsulated lens (high intensity) type. All traffic controls and safety devices, equipment and materials, including but not limited to cones, channelizers, delineators, flashing warning lights, barricades, high level warning devices, telescoping flag trees, flags, signs, markers, portable barriers, flashing arrow signs, changeable message signs, markings and flagging equipment shall be provided and maintained in like new condition.

When a Traffic Signal is constructed as a part of the project, the Contractor shall place and maintain for one calendar month, a message board for each approach leg to a new traffic signal. The message board shall read “CAUTION - NEW TRAFFIC SIGNAL”. The one month period shall begin from the day of activation. This requirement may be lessened or waived, on a case-by-case basis, by the Engineer.

The Contractor shall furnish and properly install, construct, erect, use and continuously inspect and maintain, twenty-four (24) hours per day, seven (7) days per week, including holidays, all said devices, equipment and materials and all temporary and permanent pedestrian and driving surfaces as necessary to provide for the safety and convenience of, and to properly warn, guide, control, regulate, channelize and protect the vehicular traffic, pedestrian traffic, project workers, and the

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public throughout the entire limits of the work activity and beyond said limits as necessary to include areas affecting or affected by the work, from the date of notice to proceed to the completion and acceptance of the work. Any corrective work required to be performed by City forces shall be charged to the Contractor and paid in full before release of any bonds on the project.

All traffic cones shall be no less than 28 inches in height, except that shorter cones, 12 inches minimum height, may be permitted during striping maintenance operations where the only function of the cone is to separate traffic from the wet paint. All barricades used to delineate traffic at night or placed in or adjacent to the traveled roadway at night, shall be equipped with flashing warning lights.

Channelizers shall be required when lane restrictions, detours or other work conditions need to be maintained for periods longer than normal work hours. Channelizers shall be surface-mounted type and shall be furnished, placed and maintained at the locations shown on the plans or as approved by the Engineer and shall conform to these specifications. Channelizers shall be, at the Contractor’s option, one of the following types, or approved equal: (1) Safe-Hit SH236SMA; (2) Repo “The Replaceable Post”; or (3) Carsonite, “Super Duck” SDF-436.SDF-436.

5-13.2 Traffic Control Plan
The Contractor shall provide a Traffic Control Plan to the agency for approval prior to the scheduled commencement of work. Comments and corrections shall be returned to the Contractor within five (5) working days.

The Contractor shall be required to maintain one lane in each direction when working on the roadway.

Access to schools, businesses, etc. shall be maintained as necessary for their operations. If closures are authorized by the Engineer, all detour signage shall be installed prior to closure of specified portion of roadway(s), and shall be maintained during closure.

The Contractor shall make provision to allow pedestrians full access across work areas at existing crosswalks, while working within those areas.

Traffic controls, including but not limited to vehicular and pedestrian traffic controls, maintenance of vehicular and pedestrian access, detours, and street closures shall be in accordance with Subsection 7-1, of the current edition of the "Standard Specifications for Public Works Construction," including all its subsequent amendments, and the current edition of the "Work Area Traffic Control Handbook."

Traffic control and the Traffic Control Plan shall conform to the following:

a. All major streets shall remain open to through-traffic at all times, residential street will be closed to traffic only as long as it takes for material application and drying time.

b. The Traffic Control Plan shall indicate the traffic control requirements for the different types of work to be performed. The Contractor shall be responsible for the preparation of Plans as necessary for specific items of work. These Plans shall be approved by the City's Engineer.

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c. All traffic controls and safety devices, equipment and materials, including but not limited to cones, delineators, flashing warning lights, barricades, high level warning devices (flag trees), flags, signs, markers, portable barriers, flashing arrow signs, markings, and flagging equipment shall be provided and maintained in "like new" condition.

d. The Contractor shall furnish and properly install, construct, erect, use, and continuously inspect and maintain, twenty-four (24) hours per day, seven (7) days per week, all said devices, equipment and materials and all temporary and permanent pedestrian and driving surfaces as necessary to provide for the safety and convenience of, and to properly warn, guide, control, regulate, channelize and protect the vehicular traffic, pedestrian traffic, project workers, and the public throughout the entire limits of the work activity and beyond said limits as necessary to include area affecting or affected by the work, from the start of work to the completion of the work.

In the event the slurry and cape seal ravels, a "loose gravel" (C6) sign shall be placed to adequately warn the public.

e. High-level warning devices (flag trees) are required at all times for any work being performed within the roadway unless otherwise specifically authorized by the City's Engineer.

f. All barricades shall be equipped with flashing warning lights, and all traffic cones shall be no less than twenty-eight inches (28") in height, except that shorter cones, twelve inches (12") high or higher, may be used during striping maintenance operations where the only function of the cones is to protect the wet paint from the traffic.

g. Type III barricades, no less than six feet (6') in length and equipped with two (2) Type "N" markers each and two (2) flashing warning lights each, shall be used to close streets, except as otherwise specifically authorized in advance by the City's Engineer for minor maintenance work of no more than one (1) working days duration on weekdays, or on holidays only, and between 8:00 a.m. and 3:30 p.m. only. Said barricades shall be placed across the full roadway at each point of closure with the distance between barricades or between barricades and curbs, not exceeding three feet (3'), except that one (1) eleven-foot (11')-wide gap between barricades shall be provided at the center of the street. Barricades to the right of the street's center, facing the inbound vehicular traffic, shall also be equipped with one (1) Type C2 "Road Closed" sign each or one (1) Type C3A "Road Closed to Thru Traffic" sign each.

h. Except for residential streets, as otherwise directed and/or authorized by the City's Engineer, two-way vehicular traffic shall be maintained at all times

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within two (2) eleven foot (11')-wide lanes on streets, having an effective roadway width of forty-four feet (44') or more with restricted parking, and other streets of lesser widths may be reduced to one (1) twelve-foot (12') wide lane with work activity being limited to one side at a time, and with one-way vehicular traffic being maintained at all times by properly trained and experienced flaggers.

No reduction of the traveled way width shall be permitted on any City street before 8:00 a.m. nor after 3:30 p.m., on weekends or holidays, or when active work is not being done, unless prior authorization to do so is granted by the City's Engineer.

Arrow boards shall be required for all lane closures on major streets.

i. Properly trained and experienced flaggers shall be provided to traffic when said traffic is to be interrupted, when two-way traffic is to be reduced to one-way traffic, and at such other times as is necessary to safely pass the traffic through or around the work area, and when so directed by the City's Engineer.

j. Vehicular access to occupied residential property may be restricted on weekdays other than holidays between the hours of 8:00 a.m. to 3:30 p.m. while essential work activity is taking place, with specific prior written approval from the City's Engineer, providing the Contractor gives the owner and/or resident at least forty-eight (48)-hour advance written and oral notice. See Part 2, "Notification of Residents," herein.

Convenient and safe pedestrian access to occupied residential property shall be maintained at all times. Access to mailboxes must be maintained at all time, such that the postal delivery service is not interrupted.

Access to vacant and unused property may be restricted at the Engineer's discretion. Both vehicular and pedestrian access shall be maintained at all times to all other property except as otherwise specifically authorized in writing by the City's Engineer.

k. Any traffic control and safety devices and equipment being used which becomes damaged, destroyed, faded, soiled, misplaced, worn out, inoperative, lost, or stolen shall be promptly repaired refurbished and/or replaced, and any traffic control and safety devices and equipment being used which are displaced or not in an upright position from any cause, shall be promptly returned or restored to their proper position.

l. An unobstructed view of all signs and warning devices including but not limited to stop signs, stop ahead signs, street names signs, and other regulatory, warning and construction signs, markers, and warning devices

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shall be maintained at all times. No trucks or other equipment or materials shall be stopped, parked, or otherwise placed so as to obscure said signs, markers, and devices from the view of vehicular and/or pedestrian traffic to which it applies.

m. When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether empty or loaded, shall yield to said public traffic at all times, except where the traffic is being controlled by police officers, fire officers, properly trained and experienced flaggers, or at traffic signalized intersections.

n. Stockpiling and/or storage of materials on any public right-of-way or parking areas will not be allowed without specific permission of the Engineer. Materials spilled along or on said right-of-way or parking areas shall be removed completely and promptly. All stockpile and/or storage areas shall be kept in a safe, neat, clean, and orderly fashion, and shall be restored to equal or better than original condition upon completion of the work.

o. Where vehicular access to abutting property must be restricted, the work shall be so selected, arranged, and scheduled that the person(s) requiring access to said abutting property and/or residents along said streets affected will be able to park within a reasonable distance of not more than five hundred feet (500') from their homes and/or destination. Residents must be supplied written notice of such restrictions a minimum of 48 hours in advance.

p. When work has been completed on a particular street or has been suspended or rescheduled, and said street is to be opened to vehicular traffic, all equipment, "NO PARKING" signs, other obstructions, and unnecessary traffic control devices and equipment shall be promptly removed from that street except as otherwise authorized or directed by the City's Engineer.

q. Should the Contractor be neglectful, negligent, or refuse, fail, or otherwise be unavailable to promptly, satisfactorily, and fully comply with the provisions specified and referred to hereinabove, the City reserves the right to correct and/or mitigate any situation, which in the sole opinion of the City's Engineer constitutes a serious deficiency and/or serious case of noncompliance, by any means at its disposal at the Contractor's and/or permittee's expense, and will deduct the cost therefore from the Contractor's progress and/or final payment. Such corrective action taken by the City shall not reduce or abrogate the Contractor's legal obligations and liability for proper traffic control and safety measures, and shall not serve to transfer said obligations and liabilities from the Contractor to the City or the City's agents.

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r. Violations of any of the above Provisions and/or Provisions of the referenced publications, unless promptly and completely corrected to the satisfaction of the City's Engineer, shall at the sole discretion of the City, be grounds for termination of the Contract, or shut down or partial shutdown of the work, without compensation to the Contractor and/or permittee, or liability to the City, all as prescribed by Contractual obligation or State law, whichever is applicable.

Full compensation for furnishing all labor, materials, tools, equipment, flaggers, lights, channelizers (surface mounted), temporary striping, barricades, portable flashing lights, flashing arrow signs, traffic control and detour plan, and incidentals required to comply with the provisions specified and referred to herein above, to provide all required traffic and pedestrian control for the duration of this contract, all as shown and as specified, shall be paid as specified in Section 01200 of the General Requirements and no other compensation shall be made therefore.

5-13.3 Edison Energized Conductors. The Contractor hereby promises and agrees that in the performance of the Work, he will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to Edison's secondary, primary and transmission facilities. The term "qualified person" is defined as follows:

"Qualified Person". A person by reason of experience or instruction is familiar with the operation to be performed and hazards involved.

Contractor further promises and agrees that the provisions of this paragraph shall be and are binding upon any Subcontractor or Subcontractors that may be retained by it, and that the Contractor shall take such steps as are necessary to insure compliance by said Subcontractor or Subcontractors with the requirements of this paragraph.

5-14 CONTRACTOR’S RESPONSIBILITY FOR DAMAGE.

5-14.1 Responsibility for Damage. The Contractor agrees to and does hereby indemnify, defend and hold harmless the City, its elected officials and the Consultant and their officers, agents and employees from every claim or demand made, and every liability, loss, damage, or expense of any nature whatsoever, including attorney's fees and costs, which may be incurred by reason of:

(a) Liability for damages for (1) death or bodily injury to persons, (2) injury to loss or theft of property, (3) any other loss, damage or expense arising under either (1) or (2) above, sustained by the Contractor or any person, firm or corporation employed by the contractor upon or in connection with the work called for in this agreement, except for the liability resulting from the sole negligence or willful misconduct of the City, its elected officials and their officers, employees and agents who are directly employed by the City and the Consultant; and

(b) any injury to or death of persons or damage to property caused by any fault, neglect, default or omission of the Contractor, or any person, firm or corporation employed by the Contractor, either directly or by independent contract, including all damages due to loss or theft, sustained by any person, firm or corporation, including the City, arising out of, or in any way connected

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with the work covered by this agreement, whether said injury or damage occurs either on or off City property, provided that any of the foregoing (1) is attributable to personal injury, bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself), including the loss of use resulting there from, and (2) is caused in whole or in part by any act or omission of the Contractor, any subcontractor, any supplier, anyone directly or indirectly employed by any of them or anyone for whose act or omissions any of them may be liable, regardless of whether or not caused in part by any act or omission (active, passive, or comparative negligence included, excepting the active negligence of the District) of a party indemnified hereunder.

(c) The Contractor, at its own expense, cost, and risk shall defend any and all actions, suits or other proceedings that may be brought or instituted against the City, its elected officials, officers, agents and employees and the Consultant, against any such claim, demand or liability, and shall pay or satisfy any judgment that may be rendered against the City, its elected officials, officers, agents or employees, in any such action, suit or other proceedings as a result thereof.

5-15 NO PERSONAL LIABILITY. Neither the City Council, the Engineer, the Consultant, nor any other officer or authorized assistant or agent shall be personally responsible for any liability arising under the contract.

5-16 CONTRACTOR'S RESPONSIBILITY FOR WORK. Except as provided above, until the formal acceptance of the Work by the City, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the non-execution of the Work. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense thereof, except such injuries or damages occasioned by act of the federal government or the public enemy.

The City of Redlands shall not be held responsible for the care or protection of any material or parts of the work prior to final acceptance, except as expressly provided in these specifications.

The City shall not be responsible for security of the Contractors equipment or materials at the site.

The City will not be responsible for theft or damage to any property or materials of the Contractor.

Security for Contractor’s property shall be the responsibility of the Contractor.

5-17 WARRANTY OF WORK. The Contractor shall guarantee the Work against defective materials or workmanship for a period of (1) year from the date of completion date specified in the Notice of Completion, except where longer warranty periods are specifically stated. As specified in Section 2-4 in the GENERAL CONDITIONS, the Performance Bond shall remain in full force and effect during the warranty period.

All work which has been rejected, shall be remedied, or removed and replaced, by the Contractor at his own expense, with work conforming to the Plans and Specifications. Any defective material or workmanship which may be discovered before final acceptance or within (1) one year from the

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completion date specified in the Notice of Completion shall be corrected immediately by the Contractor at his own expense notwithstanding that it may have been overlooked in previous inspections and estimates. Failure to inspect work at any stage shall not relieve the Contractor from any obligation to perform sound and reliable work as herein described. It is the Contractor's ultimate responsibility to deliver at the time of final acceptance a complete project that complies in all details with these Contract Documents. All items shall be ready to operate.

Any omission or failure on the part of the Owner to discover or notify the Contractor of or to condemn defective work or material at the time of construction shall not be deemed an acceptance, and the Contractor will be required to correct defective work or material prior to final acceptance.

The Owner will endeavor to locate any errors or defective materials or workmanship and call them to the attention of the Contractor prior to subsequent work being performed. However, the Owner is under no obligation to do so and shall not be held liable because errors or defective material or workmanship by the Contractor are not discovered prior to subsequent work.

During the (1) one year warranty period, should the Contractor fail to remedy defective material and/or workmanship, or to make replacements within five (5) days after written notice by the Owner, it is agreed that the Owner may make such repairs and replacement and the actual cost of the required labor and materials shall be chargeable to and payable by the Contractor or his Surety.

Nothing in this section shall be construed to limit the rights of the Owner to immediately correct conditions which may be unsafe or which may pose a public health nuisance. Should said conditions later be found to be caused by defective material and/or workmanship, the Contractor and his Surety shall reimburse the Owner for costs reasonably incurred while attending the situation.

In the event it is necessary for the Owner to file suit to enforce any liability of the Contractor pursuant to this sections WARRANTY OF WORK, the Owner shall be entitled to recover from the Contractor, in addition to all other amounts found due and owing, costs of suit and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the Owner in successfully enforcing the Contractor's obligations, all to be taxed as costs and included in any judgment rendered.

The warranty provided herein shall not be in lieu of, but shall be in addition to any warranties or other obligations otherwise imposed by the Contract Document or by law. The remedies provided herein shall not be exclusive and the Owner shall be entitled to any and all remedies provided by law.

5-18 NOTIFICATION OF RESIDENTS/BUSINESSES. The Contractor shall notify all residents, firms, institutions, agencies, and utility companies which may be affected by the work.

Notification shall be by hand delivery of an approved notice within the project limits approved by the City. The notification process shall consist of two notifications, one prior to the start of construction for all properties within the project area and a second notification at least seven days in advance of any activity which may impact each specific property. In the event of any work within the downtown area, the distribution of the second notification shall be at least fourteen days in advance of any activity. Activities impacting said properties and, therefore, requiring the above said notices include the following: the work itself; closure or partial closure of the street; and disallowance of street parking and disallowance of vehicular ingress to or egress from the property.

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Said firms, institutions, agencies, and utility companies which must be notified of proposed work shall include, but are not limited to the following: public schools, private schools, day care centers, postal service, hospitals, governmental services, police department, fire department, ambulance services, Omnitrans, solid waste collection, and City street sweeping.

The proposed notice shall be submitted to the Engineer at least seven calendar days prior to the date of distribution for review and approval. The submittal shall also include a map identifying the limits of the work and proposed limits of distribution. The printed notices shall contain a general description of the work to be done, the name of the street with limits, the day and date of the work and the name and telephone number of the Contractor. The notice shall also include a statement that there will be no disruption of trash collection schedules and that trash should be set out by 6:00 a.m. on the scheduled day of pickup. If on-street parking will be affected the notice shall include a statement that no on-street parking will be allowed between the hours of 7:00 a.m. and 5:00 p.m. on the day of work, and a statement that it will be necessary to tow away parked vehicles at the owner's expense per California Vehicle Code CVC 22651L and CVC 22654D.

The Contractor will provide City with the dates and addresses of when project notifications are delivered to affected properties. City will verify the notification process is completed in compliance with the requirements of the specifications. Work will commence when City approves Contractor’s compliance with the requirements set forth in the specifications.

If on-street parking is affected, the Contractor shall also post pre-approved "NO PARKING-TOW WAY" signs on 1 x 2 wood stakes or barricades at one hundred foot (100’) maximum spacing along the affected areas of the street, 48 hours prior to the start of the work. The "NO PARKING-TOW AWAY" signs shall contain the day, date, and hours that parking will be prohibited on that particular street and a statement that parked vehicles will be towed away at owner's expense per California Vehicle Code CVC 22651L and CVC 22654D. The Contractor shall maintain said signs throughout the day of work, and shall start the removal of said signs by 4:00 p.m. and complete the removal by 6:00 p.m. on said day of work or as otherwise directed by the Engineer.

The Contractor shall document the day, date, and time the signs are installed because the no parking restriction cannot be enforced until the signs have been in place 24 hours. Posting of signs on trees, utility poles, light standards and other existing parkway improvement is strictly forbidden.

In the event of street resurfacing operations, the notices to residents shall contain a statement that the street to be resurfaced will be closed to vehicular traffic, and the suggestion that if they require the use of their vehicles on the day of the resurfacing work, they should consider parking their vehicle on a nearby street which is not scheduled for a resurfacing application.

In the event scheduled work is delayed, the Contractor shall immediately remove all "NO PARKING" signs. The contractor must notify all previously notified, in person and with printed notices, that the work will be rescheduled and that they will be re-notified 48 hours in advance. The Contractor shall have an adequate supply of approved notifications for distribution to residents.

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Full compensation for conforming to these requirements shall be considered as included in the various Contract items of work involved, and no additional compensation will be allowed therefore.

Failure to comply with this section shall result in a penalty assessment imposed of up to $10,000 per violation at the City’s discretion.

SECTION 6 – PROSECUTION AND PROGRESS OF THE WORK

6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. - Add the following paragraph:

Contractor shall notify Underground Service Alert (USA) at 1 (800) 227-2600, two working days prior to starting work, and must submit verification number to the City prior to starting work.

6-1.2 Commencement of the Work. - Amend the second sentence as follows:
“The work shall start within 10 days thereafter, and be diligently prosecuted to completion within the Contract Time.”

6-3 TIME OF COMPLETION.

6-3.1 General. - Add the following sentence:

The time of completion of the Contract shall be expressed in consecutive calendar days.

6-4.1 General. - Add the following paragraphs:

If saturated soil is encountered during construction due to leaks in an existing utility, contractor shall remove saturated material and replace with a suitable backfill material until adequate compaction can be attained by verification from the City's Geotechnical Engineer.

Prior to any removal of saturated material, contractor shall discuss the methods of remediation with the City's representative. Approval from the City, or the City's representative, shall be obtained for any amount of saturated material removal in which the contractor anticipates to be compensated for, if approval is not obtained all costs shall be borne by the contractor.

Up to a 14 day delay in paving operations may be requested after all leaks have been resolved to provide time for excess moisture to dissipate, at no additional cost to the city, in lieu of removing and replacing the saturated soil. A no cost change order will be prepared to provide the contractor with additional contract time if such delay is requested by the City.

6-9 LIQUIDATED DAMAGES. The value of liquidated damages noted in this section is amended to five hundred dollars ($500) per calendar day.

6-10 NOTICE AND SERVICE THEREOF. Any notice required or given by one party to the other under the Contract shall be in writing and shall be dated and signed by the party giving such notice or by duly authorized representative of such party. Any such notice shall not be effective for any purpose whatever unless served in the following manner:

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Notice shall be given to the Contractor by personal delivery thereof to said Contractor or to his authorized representative at the project site, or by deposing the same in the United States Mail enclosed in a sealed envelope addressed to said Contractor at the address established for the conduct of work under this Contract, certified and with postage prepaid.

Notice shall be given to the Surety, or any other person, by personal delivery to said Surety or other person, or by depositing the same in the United States Mail, enclosed in a sealed envelope addressed to such Surety or persons at the address of said Surety or persons last communicated by him to the party giving the notice, certified and with postage prepaid.

Notice shall be given to the Owner by personal delivery thereof or by depositing the same in the United States Mail enclosed in a sealed envelope, certified and with postage prepaid. The address of record for the owner is:

City of Redlands
Municipal Utilities & Engineering Department
P.O. Box 3005
35 Cajon Street, Suite 15A
Redlands, CA 92373

6-11 PUBLIC RECORDS ACT. All documents, Plans, specifications and all other information relating to the conduct of the City’s business, including information submitted by the Contractor, shall become the exclusive property of the City and except as provided by law shall be deemed public records. Said information shall be subject to the provisions of the California Public Records Act (Government Code Sections 6250 et seq.).

Under no circumstances will the City be responsible or liable to the Contractor, submitter or any other party for the disclosure of any records or information submitted to the City, regardless of whether such records or information are labeled “Trade Secret”, “Confidential”, or “Proprietary” (or words to similar effect) and regardless of whether the disclosure is required by law or a court order or occurs through inadvertence, mistake, or negligence on the part of the City or its officers, employees, and/or Contractors.

The City will not advise as to the nature or content of documents entitled to protection from disclosure under the California Public Records Act, including interpretations of the Act or the definition of “Trade Secret”. The submitting party shall be solely responsible for all determinations made under the Act, and where appropriate for clearly and prominently marking each and every page or sheet of information with “Trade Secret”, “Confidential”, or “Proprietary”. Each submitting party is advised to contact its own legal counsel concerning the California Public Records Act and its applicability to the submitting party’s own circumstances.

In the event of litigation concerning the disclosure of any information submitted by the submitting party, the City’s sole involvement will be as a stakeholder, retaining the information until otherwise ordered by a court. The submitting party, at its sole expense and risk, shall be responsible for any and all fees and costs for prosecuting or defending any action concerning the information, and shall indemnify and hold the City harmless from all costs and expenses including attorneys’ fees, in connection with such action.

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SECTION 7 - MEASUREMENT AND PAYMENT

7-3 PAYMENT.

7-3.2 Partial and Final Payment. - Delete and replace with the following:

The closure date for the purpose of making monthly progress payments shall be assigned by the Engineer during the pre-construction meeting. Payment, less deductions, unearned work and retention, will be made within 30 days of the closure date. If a dispute exists between the City and the Contractor regarding an item included in the Contractor's Monthly Progress Payment Request, progress payments will be withheld until said dispute is resolved, in which case longer period of time will be required to make such payment. No such payment shall be required to be made, when in the judgment of the Engineer, the total value of the work since the last estimate amounts to less than $500.

If, in the opinion of the Engineer, work is not progressing according to the approved schedule, payments may be withheld until the Contractor returns to the approved schedule.

Deductions will be made for: (1) amounts due the Owner for equipment or material furnished or services rendered; (2) amounts due the Owner under the terms of the Contract; (3) amounts of any claims of lien filed with the Owner; (4) accrued amounts of liquidated damages; (5) amounts required to be deducted by Federal, State or local governmental authorities. From the balance thus determined will be deducted the amounts of all previous payments, and the remainder shall constitute the monthly payment due the Contractor.

A retention of five percent (5%) will be withheld from each and every progress payment to the Contractor. This percentage will remain constant throughout the duration of the Contract. The City shall make a progress payment within thirty (30) days after receipt of an undisputed and properly submitted payment request from Contractor pursuant to Public Contract Code section 20104.50.

After completion of the work to the satisfaction of the Engineer, the Engineer shall make a final estimate of the amount of work done. The City shall pay the entire sum so found to be due after deducting there from all previous payments and all amounts to be retained under the provisions of the Contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. The final payment shall not be due and payable until the expiration of thirty-five (35) days from and after the recordation of the Notice of Completion filed by the City.

As provided by paragraph 22300 of the California Public Contract Code, the Contractor may substitute securities for any monies withheld by the City to ensure performance under the Contract.

Substitute securities shall be deposited in a financial institution in a form acceptable to the City of Redlands. The financial institution shall be located within the City limits of the City of Redlands.

The Escrow Agreement to be used is set forth in Public Contract Code section 22300.

7-3.3 Delivered Materials. - Delete and replace with the following:

No payment will be made for materials or equipment delivered but not yet incorporated in the work.

7-4.2.6 Extras. Without invalidating the Contract, the City may order extra work or make changes by altering, adding or deducting from the work, the Contract sum being adjusted accordingly and the

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consent of the Surety being first obtained where necessary or desirable. All the Work of the kind bid upon shall be paid for at the price stipulated on the proposal, and no claims for any extra work or material shall be allowed unless the work is ordered in writing by the engineer and the price is stated in such order.

7-4.2.7 Claims for Extra Costs. No claim for extra work or cost shall be allowed unless the same was done in pursuance of a written order by the Engineer, as aforesaid, and the claim presented with the first estimate after the changed or extra work is done. When work is performed under the terms of the General Conditions, the Contractor shall furnish satisfactory bills, payrolls, and vouchers covering all items of cost and when requested by the City, give the City access to accounts relating thereto.

After completion of the work to the satisfaction of the Engineer, the Engineer shall make a final estimate of the amount of work done. The City shall pay the entire sum so found to be due after deducting there from all previous payments and all amounts to be retained under the provisions of the Contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. The final payment shall not be due and payable until the expiration of the thirty-five (35) days from and after the recordation of the Notice of Completion filed by the City.

SECTION 8 - FACILITIES FOR AGENCY PERSONNEL

This section is deleted in its entirety.

SECTION 9 - ASSIGNMENT OF UNFAIR BUSINESS PRACTICES
CLAIMS

9-1. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the Contractor or subcontractor offers and agrees to assign to the City all rights, title and interest and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with section 16700 of part 2 of division 7 of the Business and Professions Code), arising from the purchase of goods, services, or materials pursuant to this public works agreement. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor, without further acknowledgment by the Parties.

SECTION 10 - TRENCHING AND EXCAVATION

10-1. If this contract involves digging trenches or other excavations that extend deeper than (4) feet below the surface, the following shall be done pursuant to California Public Contract Code Section 7104:

A. That the Contractor shall promptly and before the following conditions are disturbed, notify the City in writing, of any:

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(1) Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II or Class III disposal site in accordance with provisions of existing law.

(2) Subsurface or latent physical conditions differing from those indicated.

(3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract.

B. That the City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor’s cost of, or the time required for, performance of any part of work shall issue a change order under the procedures described in the contract.

C. That, in the event that a dispute arises between the City and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. The Contractor shall retain any and all rights provided either by contract or by law which pertains to the resolution of disputes and protests between the contracting parties.

SECTION 11 - REMOVAL, RELOCATION OR PROTECTION OF

EXISTING UTILITIES

11-1. Pursuant to Government Code Section 4215 et seq, the City shall assume the responsibility between the parties to this contract, for the timely removal, relocation, or protection of existing main or trunk line utility facilities located on the site of the construction project for this contract, if such utilities are not identified by the public agency in the plans and specifications made a part of the invitation for bids.

11-2. The Contractor shall be compensated for the costs of locating, repairing damage not due to the failure of the Contractor to exercise reasonable care, and removing or relocating such utility facilities not identified in the plans and specifications with reasonable accuracy and for equipment on the project necessarily identified during such work.

11-3. The Contractor shall not be assessed liquidated damages for delay in completion of the project, when such delay was caused by the failure of the City, or the owner of the utility to provide for removal or relocation of such utility facilities.

11.4. The City shall not be required to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the site of the construction project can be inferred from the presence of other visible facilities, such as buildings, meter and junction boxes, on adjacent to the site of construction, provided, however, nothing herein shall relieve the City from identifying main or trunk lines in the plans and specifications.

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11.5. Nothing herein shall preclude the City from pursuing appropriate remedy against the utility for delays which are the responsibility of the utility.

11.6. If the Contractor, while performing the contract, discovers utility facilities not identified by the City in the contract plans or specifications, Contractor shall immediately notify the City and the utility in writing.

11.7. The public utility, when it is the owner, shall have the sole discretion to perform repairs or relocation work or permit the Contractor to do such repairs or relocation work at a reasonable price.

11.8. Contractor shall comply with Government Code Section 4216 through 4216.9.

11.9. Conduits from existing street light and traffic signal systems may be encountered during construction of this project. All removals, relocations, and/or replacements of existing conduit systems shall be performed in accordance with these specifications and City standards, by a qualified electrical contractor. All costs for said work shall be borne by the Contractor and paid as a part of the various items of work requiring such removals, relocations, and/or replacements, and no other compensation shall be made therefore.

SECTION 200 - ROCK MATERIALS

200-2 UNTREATED BASE MATERIALS.

200-2.1 General. - Amend the first paragraph as follows:
“Materials for use as untreated base or subbase shall be classified in the order of preference as follows:

Crushed Aggregate Base
Crushed Miscellaneous Base
Pulverized Miscellaneous Base.”

200-2.4.1 General. - Delete the second sentence and replace with the following:
“The material shall be free of deleterious material as defined in 200-1.1.”

200-2.4.2 Grading. - Amend the first sentence of paragraph 1 as follows:
“The material shall be uniformly graded and shall conform to the ‘fine’ gradations:”

200-2.5.1 General. - Delete the third sentence and replace with the following:
“The material shall be free of deleterious material as defined in 200-1.1.”

200-2.8.1 General. - Amend as follows:

Delete the second sentence of paragraph 1 and replace with the following:
“Pulverized miscellaneous base may contain underlying base material.”

Delete the third sentence of paragraph 1 and replace with the following:
“The material shall be free of deleterious material as defined in 200-1.1.”

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SECTION 201 - CONCRETE, MORTAR AND RELATED MATERIALS

201-1 PORTLAND CEMENT CONCRETE.

201-1.1.1 General - Add the following paragraph:

The Contractor shall furnish the Engineer in the field with a copy of the mix design to be used, and with a legible certified weighmaster's certificate for each load of PCC delivered to the project.

PCC delivered to the project site having a water content and/or slump greater than that specified in the mix design, shall be rejected and removed from the project site.

201-1.1.2 Concrete Specified by Class and Alternate Class - Amend Table 201-1.1.2.(A) as follows:

Street Surface Improvements section -
All concrete in this section shall have a minimum compressive strength at 28 days of 22,410 kPa (3,250 pounds per square inch), and meet the requirements of class 330-C-23 (560-C-3250) concrete.

Sewer & Storm Drain Facilities section, Sidehill Surface Drainage Facilities subsection - All concrete in this subsection shall have a minimum compressive strength at 28 days of 22,410 kPa (3,250 pounds per square inch), and meet the requirements of class 330-C-23 (560-C-3250) concrete.

201-1.4.3 Transit Mixers. - Replace the first sentence in paragraph 6 with the following:

The total elapsed time between addition of water at the batch plant and the completion of the discharge of the PCC from the mixer, shall not exceed ninety (90) minutes. All PCC remaining in the mixer, after said ninety (90) minutes time limit, shall be rejected and removed from the project site.

SECTION 203 - BITUMINOUS MATERIALS

203-3 EMULSIFIED ASPHALT.

203-3.1 General. - Modify the section by adding the following:

Asphalt emulsion shall be a QUICKSET ANIONIC OR CATIONIC EMULSIFIED ASPHALT conforming to the requirements of Subsection 203-1.3, “Test Reports and Certification”, and Subsection 203-1.2, “Testing Requirements” of the Standard Specifications.

The latex additive shall be Ultra Pave 70 (for anionic) or Ultra Pave 65 K (for cationic) or an approved equal. The latex shall be added at the emulsion plant after weighing the asphalt and before the addition of mixing water. The latex shall be added at a rate of two to two-and-one-half (2 to 225) parts to one-hundred (100) parts of emulsion by volume.

203-5 SLURRY SEAL.

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203-5.1 General. - Delete the sentence and replace with the following:

Slurry seal shall be emulsion-aggregate slurry (EAS) conforming to 203-5.4.

203-5.2 Mix Design. - Modify the section by adding the following:

(f) Admixtures, such as Portland Cement or aluminum sulfate may be mixed into the slurry material to adjust curing time such that the applied slurry can support vehicular traffic within 60 minutes.

(g) Use of slag shall not be permitted.

(h) Deliveries of aggregate and emulsion shall not be made without the engineer present.

Emulsion is not to be transferred to an on-site storage tanker without the sieve test performed by the City.
203-5.3.2 Grading. - Delete the sentence and replace with the following:

The combined aggregate gradation shall be determined in accordance with ASTM C136 and conform to Type II requirements shown in Table 203-5.3.2 (A).

203-5.4.1 General. – Modify the paragraph and replace with the following:

EAS shall be a stable mixture of emulsified asphalt, aggregate, water, a set control agent, and latex.

EAS shall be Type II-CQS-1h-EAS.

203-5.4.2.1 Aggregate. – Delete the sentence and replace with the following:

Aggregate shall be Type II conforming to 203-5.3.

203-5.4.2.2 Emulsified Asphalt. – Modify the first paragraph and replace with the following:

Emulsified asphalt shall be quick-set, and contain latex. Quick-set emulsified asphalt shall be CQS-1h conforming to 203-3.

203-6 ASPHALT CONCRETE.

203-6.1 General. - Add the following paragraph:

Unless otherwise approved by the Engineer, asphalt concrete for paving shall be C2-PG 64-10 (1/2”) for finish paving or B-PG 64-10 (3/4”) for base paving. Asphalt concrete for Type D1 or Type D2 curb shall be D2 –PG 70-10.

SECTION 206 - MISCELLANEOUS METAL ITEMS

206-7 TRAFFIC SIGNS.

206-7.1 General. The Contractor shall furnish or relocate and erect all traffic signage as required and specified.

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All new traffic signage shall be a minimum of the encapsulated lens (high intensity) type, have an anti-graffiti protective covering and be installed on new posts. All traffic signage to be relocated shall be installed on new posts.

206-7.2 Protective Covering. Anti-graffiti protective covering shall be Type 1150-POF, manufactured by 3M Company, or approved equal.

206-7.3 Post and Base. New posts and bases shall be Ultimate Sign Support System as manufactured by Western Highway, or approved equal.

SECTION 211 - MATERIAL TESTS

211-1 COMPACTION TESTS.

211-1.4 General. The Contractor shall be responsible for all quality control for all work. The Contractor shall complete all necessary testing to ensure the quality requirements within the specifications are achieved.

The City will complete assurance testing throughout the project by an independent testing firm.

The City will perform the first compaction test required at any location. If such test does not meet the required specifications, the City will make additional tests until the required compaction is obtained and withhold from the final payment due the Contractor, the cost of all such additional tests. To be acceptable, tests must be ordered and witnessed by the City. Tests will be ordered by the City and performed at a location and depth as directed by the City. The Contractor shall assist the City in performing these tests as necessary. The Contractor shall provide to the City the maximum dry density and the optimum moisture content results of backfill and bedding material when requested by the City.

SECTION 214 - TRAFFIC STRIPING, CURB AND PAVEMENT

MARKINGS, AND PAVEMENT MARKERS

214-4 PAINT FOR STRIPING AND MARKINGS.

214-4.1 General. - Amend the first sentence in paragraph 4 as follows:
“Glass beads conforming to 214-3 shall be mechanically applied at a rate of 0.6 to 0.8 kg of beads per liter (5 to 7 pounds of beads per gallon).”

SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION

303-1 CONCRETE STRUCTURES.

303-1.1 General. - Delete the first sentence of paragraph 1 and replace with the following:
“Concrete bridges, culverts, catch basins, retaining walls, abutments, piers, footings, foundations, drainage inlets, head walls, end walls, wing walls, junction structures, transition structures,

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manholes, and other similar types of portland cement concrete structures shall be constructed to the lines and grades in conformity with the Plans and Specifications.

303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS.

303-5.1.1 General. - Replace the last paragraph with the following:

No PCC shall be ordered and/or placed until the forms and subgrade have been inspected and approved by the Engineer in the field.

All pull boxes, water meter boxes, and water valve covers shall be adjusted to proposed finish grade and approved by the Engineer in the field prior to placement of the PCC.

The Contractor shall barricade and protect placed PCC from all damage, marks, mars, and/or graffiti. Any PCC damaged, defaced, discolored, or defective shall be replaced at the Contractor's expense.

When removals of curb and/or sidewalk are located at curb return, the Contractor shall install access ramps. The Contractor is to construct all access ramps in accordance with American Disability Act (ADA) Standards/California Code of Regulations Title 24 – Accessibility Regulations. If the ramps constructed by the Contractor are found to be in non-compliance with ADA Standards, the Contractor will be required to remove and replace the ramps to ADA Standards at the Contractor's expense.

303-5.1.2 Drainage Outlets Through Curb. - Add the following paragraph:

Coring shall be required for all drains through existing curbs.

303-5.1.3 Driveway Entrances. – Replace the last paragraph with the following:

Driveway approaches where required, shall be 150 mm (6") thick for single-family residential area, and 200 mm (8") thick for commercial driveway approaches.

303-5.1.4 Walk. The back of sidewalk shall be 2 inches from the street Right-of-Way line unless otherwise specified by the Engineer.

Included in the price of sidewalk construction are retaining curbs. Retaining curbs are needed to retain soils from sloughing and eroding onto the finished sidewalk surface, as a result of grade differentials from existing ground surface to proposed sidewalk surface. Retaining curbs shall be installed when the finished surface is lower than the surrounding grade by 3 inches vertically within 6 inches horizontally. If the vertical difference in elevation is less than 3 inches, the surrounding grade shall be sloped, maximum 2:1 slope, to match the finished elevation. The height of the retaining curb shall be to the height of the existing grade it is retaining. Retaining curbs shall be located within the City’s right-of-way at all times.

303-5.1.5 Access Ramps. Construction of curb ramps shall conform to the Type and Case appropriate for the condition, as specified on the plans and as shown within the 2012 Standard Plans for Public Works Construction, Plan 111-5. The Contractor shall be responsible to layout the proposed access ramp to comply with the maximum slope indicated on the plans or Standard Plan 111-5. The maximum slope for the ramp shall not be exceeded unless otherwise approved in

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writing by the Engineer. The Contractor shall remove and replace access ramps deemed non- compliant with the plans or Standard Plan 111-5.

For proposed locations adjacent to a cross gutter spandrel, sawcuts along the radius of the curb will not be allowed. The spandrel shall be replaced from expansion joint to expansion joint to the extents of the curb removal. For proposed locations adjacent to curb and gutter, sawcuts along the flowline of the curb will not be allowed. The entire curb and gutter shall be replaced from expansion joint to expansion joint as required. Sawcuts at locations other than the expansion joint will not be allowed unless approved by the Engineer. Curb cuts of the existing curb will not be permitted for installation of proposed ramp. Any deviation from these requirements will result in rejection of all work at this location and shall not be included in progress payment requests until corrected, per direction from the Engineer.

The Contractor shall verify the extents of sawcut and removal for each access ramp taking into account the maximum slope and transition area required. It shall be the Contractor’s responsibility to identify required removal limits, set concrete forms and verify maximum slopes are not exceeded. The Engineer shall be present to verify the concrete forms prior to the placement of the concrete at each location, however this does not alleviate the responsibility of the accuracy of forms or slopes of the access ramp from the Contractor.

Included in the price of access ramps are retaining curbs. Retaining curbs are needed to retain soils from sloughing and eroding onto the finished ramp surface, as a result of grade differentials from existing ground surface to proposed ramp surface. Retaining curbs shall be installed when the finished surface is lower than the surrounding grade by 3 inches vertically within 6 inches horizontally. If the vertical difference in elevation is less than 3 inches, the surrounding grade shall be sloped, maximum 2:1 slope, to match the finished elevation. The height of the retaining curb shall be to the height of the existing grade it is retaining. Retaining curbs shall be located within the City’s right-of-way at all times.

Access Ramps shall have truncated domes installed in accordance with standard plans and specifications. Truncated domes on new access ramps shall be Armor-Tile, Cast in Place System, or approved equal. Truncated domes installed on existing surfaces shall be Safety Sted TD, or approved equal. Truncated dome panels shall be 36”x48”, inline configuration, with a spacing of

2.35” on center, and Federal Yellow in color.

The access ramp work shall include all related adjustments of pull boxes, pull box covers, signs, and protection of any underground utilities within the work area. The removal and replacement of up to 5 linear feet of sidewalk on each side of the access ramp shall be included within the cost of the access ramp. The removal and replacement of the sidewalk will allow for transition from the top of ramp to adjacent sidewalk and will be utilized as necessary.

303-5.4.3 Weakened Plane Joints, (a) General. - Add the following paragraph:

All weakened plane joints shall be spaced at a maximum of 3.05 m (10') feet for curbs, gutters, and sidewalks. Scoring lines shall conform to those prevailing in the area and be uniform in spacing.

303-5.5.2 Curb. - Replace the first paragraph with the following:

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PCC for curb and gutter shall be placed within three working days from removal of the existing PCC curb and gutter. The curb and gutter surface shall not vary more than 3 mm (0.01') from a 3 m (10') straightedge except at the grade changes. Prior to the removal of the forms, the surface shall be finished true to grade by means of a straightedge float of not less than 3 m (10') in length, and operated longitudinally over the surface of the concrete. Form clamps shall be constructed so as not to interfere with the operation of the float. The form on the front of the curbs shall not be removed less than one (1) hour, nor more than six (6) hours after the concrete has been placed. In no event shall forms be removed while the concrete is sufficiently plastic to slump. The top and face of the finished curb shall be true and straight, and top surface of curbs shall be of uniform width, free from humps, sags, blemishes, or other irregularities.

303-5.5.3 Walk. - Add the following paragraphs:

The sidewalk surface shall not vary more than 5 mm (0.02') from the 3m (10') straightedge except at grade changes, and the finished surface shall be free from humps, sags, blemishes or other irregularities. All sidewalks shall be a minimum of 100 mm (4") thick, except at driveways where the sidewalks shall be a minimum of 150 mm (6") thick for single family residential areas and 200 mm (8") thick for all other areas.

303-5.6 Curing. - Add the following paragraph:

Curing compound shall be translucent with red fugitive dye, Type 1, in accordance with Section 201-4 Concrete Curing Compound, of the Standard Specifications.

303-5.7 Repairs and Replacements. - Add the following paragraphs:

In order to minimize vandalism damage to the finished PCC surfaces, the Contractor shall plan his work so that no PCC is poured after 1:00 p.m., unless otherwise authorized by the Engineer in the field.

The Contractor shall barricade and protect placed Portland Cement Concrete from all damages, marks, mars, and/or graffiti. Any Portland Cement Concrete damaged, defaced, discolored, or defective shall be replaced to the satisfaction of the Engineer at the Contractor's expense, and no additional time will be allowed.

Grading, patching, or other remedies to correct the situation will not be accepted unless in the opinion of the Engineer the vandalized area is so small that it does not warrant replacement.

Concrete replacement areas shall be from score mark or control joint to score mark or control joint, and full width of the sidewalk. All replacement areas shall be saw cut.

303-5.8 Backfilling and Cleanup. - Add the following paragraph:

A minimum of 300mm (12”) wide full depth asphalt concrete pavement repair patch and an 450mm (18”) wide 1-1/2” deep grind outside of the trench width is required when cross gutter, spandrel, driveways, curb and gutter is placed adjacent to existing asphalt concrete pavement. The asphalt concrete pavement repair patch shall be placed within two (2) working days after the cross gutters, spandrels, driveways, curb and gutter are replaced. The asphalt concrete pavement shall be sawcut. All work shall be in accordance with the General Permit Conditions and Trench Specifications, latest edition.

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SECTION 307 - STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS

307-1 GENERAL. - Amend the following:

Add the following paragraphs:

Any person performing electrical work subject to the certification requirements of Labor Code sections 3099 et seq. shall be certified, as required by law, prior to, and throughout, the performance of such work.

Add the following paragraphs:

Inspection shall be required at the following stages: (1) prior to pouring foundation concrete, excavation dimensions shall be verified; (2) prior to placement of a standard, foundation and anchor bolts shall be verified; and (3) prior to pouring the cap, connections, ground bond and luminary shall be verified.

There shall be no structure(s) encased in foundation concrete. Foundation concrete shall be held 4 inches to 5 inches (102 mm to 127 mm) below top of curb grade.

Anchor bolts shall be held by a template with the top of each bolt a maximum 1/2 inch (13 mm) below top of curb or a maximum ½ inch (13 mm) below top of sidewalk if set behind sidewalk.

The top of foundation concrete shall be cleaned of all foreign objects before foundation cap is poured. Standard shall be plumb and tightened prior to foundation cap placement.

Foundation cap shall be formed to a minimum dimension of 32 inches (813 mm) wide, centered to the light standard and from the back of curb to a point 9 inches (229 mm) beyond the back of the light standard. The cap slope shall be equivalent to adjacent sidewalk or shall be 2 percent from the top of curb in parkway. Cap shall be poured to encase anchor bolts and flow under street light standard so that the pole butt is encased.

307-8 FOUNDATIONS, FOUNDATION CAPS AND SLABS.

307-8.2 Foundations. - Amend the following:

Amend the first sentence of paragraph 2 as follows:
“Foundations shall cure for 72 hours before erecting standards and 72 hours before erecting mast arms.”

Amend the second sentence of paragraph 2 as follows:
“Pile foundations shall cure for 72 hours before erecting standards and 7 days before erecting mast arms.”

Add the following paragraphs:

Minimum foundation dimensions shall be 32 inches x 32 inches x 46 inches (813 mm x 813 mm x 1,168 mm) or when bored with an auger shall be 32 inches x 60 inches (813 mm x 1,524 mm).

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Foundation and cap concrete shall be as specified in Section 201-1. Cap concrete shall have a light broom finish.

There shall be an 8 foot x 5/8 inch (2.4 m x 16 mm) copper-clad ground rod placed in the center of the base and extended 3 inches (76 mm) above curb level with a ground clamp installed at the top.

307-8.3 Foundation Caps. - Amend the first sentence of paragraph 1 as follows:
“Foundation caps shall be the same color, finish, and material as the adjacent sidewalk, and be a minimum thickness of 4 inches (102mm) thick or unless otherwise specified in the Special Provisions.”

307-8.4 Concrete Slabs. - Amend the first sentence of paragraph 1 as follows:
“Wherever the edge of a concrete foundation extends within 18 inches (450mm) of any existing concrete improvement, a concrete slab with a minimum thickness of 4 inches (102mm) or as specified in the Special Provisions shall be extended to meet the existing improvement.”

307-10 STANDARDS, PEDESTALS AND MAST ARMS. - Add the following paragraphs:

Standard shall be set square with the street or as directed by the Engineer. Standard shall be centered 24 inches (610 mm) behind curb face or as shown on the plan.

The access door at the base of the standard shall be a minimum ½ inch (13 mm) to a maximum 2 inches (51 mm) above the top of adjacent curb or sidewalk.

Anchor bolts shall have no threads exposed above top of nut when final tightening is completed.

307-11 PULL BOXES. - Amend the following:

Amend (b) of paragraph 3 as follows:
“150 feet for street lighting systems, and”

Add the following sentence to paragraph 4:

Conduit entering a pull box shall extend a minimum 3 inches (76 mm) above the rock base.

Add the following paragraph:

Single depth pull boxes shall be grouted on the inside, as specified. Pull boxes shall be located as shown on the plans and installed at either sidewalk or curb grade.

307-12 CONDUIT. - Amend the following:

Amend the first sentence of paragraph 6 as follows:
“Detector, telephone interconnect, or street lighting conduit shall be 1-1/4 inch (32 mm) nominal size unless otherwise specified in the Special Provisions.”

Delete the second sentence of paragraph 6 and replace with the following:

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“Direct interconnect and utility service conduit shall be 2 inch (51 mm) nominal size unless otherwise specified or required by agency or utility.”

Add the following sentence to paragraph 6:

Traffic Signal conduit size shall be as specified in Section 209-2.3.

Amend the second sentence of paragraph 2 as follows:
“Conduit placed behind a curb shall not be less than 18 inches (457 mm) nor more than 36 inches (900mm) below the top of the curb.”

Add the following sentence to paragraph 9:

There shall be no more than 2 conduits in each foundation.

Amend the first sentence of paragraph 7 as follows:
“ not be less than 3 inches (76 mm) above the bottom of the box.”

Add the following paragraph:

Contractor shall be required to install traffic signal interconnect conduit, with pull rope, between new traffic signal controller and any existing traffic signal controller located within 1,500 feet (457 m).

307-13 WIRES, CONDUCTORS AND CABLES.

307-13.1 General. - Add the following paragraph:

All conductors shall be new and in their original packaging.

307-14 SERVICES.

307-14.1 General. - Add the following paragraph:

When a service pedestal is installed in an unpaved area, a slab shall be constructed per Section 307-4.11.

307-17 TRAFFIC SIGNAL CONSTRUCTION.

307-17.2.2 Controller Cabinet Wiring Diagrams. - Amend the following:

Add the following sentence to paragraph 1:

Traffic signal Phase 4 shall face north, for southbound traffic.

Add the following paragraphs:

A representative from the traffic controller manufacturer shall be onsite at the time of signal activation and shall install timing and coordination provided by the Engineer.

All software and current upgrades, at the time of installation, for the controller and conflict monitor shall be provided to the City.

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307-17.3 Pull Box Covers. - Amend the following:

Amend the first sentence as follows:
“Pull box covers to be installed in traffic signal systems or combined traffic signal and multiple circuit street lighting systems conforming to 209-4.2.3, shall conform to 209-3.7 and shall be inscribed “STREET LIGHTING”.”

Add the following sentence to paragraph 1:

Lid shall have two 1 inch (10 mm) brass bolts for fastening.

307-17.5.1 General. - Add the following paragraph:

Tape color codes for traffic signal phases shall be as follows: 0 - black; 1 - brown; 2 - red; 3 - orange; 4 - yellow; 5 - green; 6 - blue; 7 - violet; 8 - gray; 9 - white.

All cables shall be phase taped to match signal phasing. Cable splicing shall not be allowed in pull boxes.

307-17.6.1 General. - Amend the following:

Delete the first two sentences of paragraph 2 and replace with the following:

All signal and arrow indications shall be 12 inches (305 mm).

Add the following paragraph:

Traffic heads, pedestrian heads and shields shall be aluminum. Heads, hardware, etc. shall be flat black. Vehicle faces shall be 12 inches (305 mm). All red, yellow, green and “hand man” indicators shall be LED type. Pedestrian lenses shall be mechanically connected to the visor “egg crate.” Silicone glue shall not be allowed. Lamp sockets shall not be plastic and shall not be held to the lens by use of a clip. The Contractor shall furnish per traffic signal installed, one of each color and type, spare vehicle and pedestrian LED’s to the City.

307-17.8.2 Pedestrian Push Buttons. - Add the following sentence:

Pedestrian push buttons shall be de-isolated with no cabinet logic ground leaving the controller cabinet.

307-17.10 Controller Foundation. Traffic signal controller foundations shall extend a minimum 18 inches (457 mm) and a maximum of 20 inches (508 mm) above finish grade, and be sized as necessary to fit the controller cabinet with a 1 inch (25 mm) lip, including the 1/2 inch (13 mm) chamfer, beyond outside cabinet dimensions. Cabinet shall be sealed on the concrete foundation with a silicon bead placed under the cabinet edge as it is set in place.

307-17.11 Reflectorized Street Name Sign Placement and Mounting. Top of sign frame shall have two free swinging mounting brackets manufactured from aluminum, bronze and stainless steel, as specified. 8 inch (203 mm) stainless steel bolts shall allow for fine adjustment.

Dampening springs shall be used. Each swing bracket shall be adjusted vertically for leveling of the sign to fit mast arm angles. The bracket assembly shall permit the S.S.G. unit to swing perpendicular to the support hardware.

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Hardware used to attach the sign and swing assembly to the mast arm shall by “Y-brackets,” “EZ- L brackets” or approved equal.

EZ-L brackets shall be a three piece telescoping design to adjust from 12 inches (305 mm) to 28 inches (711 mm) in 1 inch (25 mm) increments without additional adapters. The outside tube shall be 1-3/4 inches x 1-1/2 inches (44 mm x 38 mm) with a wall thickness of 5/32 inch (4 mm). The middle tube shall be 1-1/2 inches x 1-1/4 inches (38 mm x 32 mm) with wall thickness of 5/32 inch (4 mm) and one wall having a thickness of _ inch (10 mm) and threaded for two _ inch (10 m
m) stainless steel holding bolts with external tooth lock washers. The inside tubes shall fit firmly within each other and slide smoothly. Safety tabs shall be located on the ends of each tube and will not allow the tubes to completely separate from each other during shipping and installation procedures. When installing EZ-L bracket, the middle tube should be extended first, then the inside tube.

The Y-bracket shall be one piece solid aluminum extrusion construction. There shall be four slots in the bracket to accommodate two 3/4 inch (19 mm) wide stainless steel straps side by side.

Strapping shall have a minimum thickness of 0.020 inches (½ mm). The EZ-L bracket shall attach to the Y-bracket with a ½ inch (13 mm) stainless steel bolt, lock washer and ny-lock nut.

When installation of the S.S.G. sign to the mast arm is complete, the S.S.G. sign shall swing freely in both directions when moved by the installer without any binding or hindrance being felt, allowing the sign to move freely under normal weather conditions.

307-18 TESTING.

307-18.1 General. - Add the following paragraph:

Luminares shall be in operation for 5 days prior to final acceptance.

SECTION 314 - TRAFFIC STRIPING, CURB AND PAVEMENT

MARKINGS, AND PAVEMENT MARKERS

314-1 GENERAL. - Add the following paragraphs:

To insure the protection of storm drain inlets, Best Management Practices (BMPs) shall be employed during all striping operations. Refer to Section 7-8.6.

Each storm drain catch basin or storm drain inlet box shall be marked “NO DUMPING - FLOWS TO CREEK.” Two coats of paint are required. Stencil shall match City’s stencil. Paint and painting shall comply with the specifications.

All street resurfacing work shall include installing fire hydrant pavement markers at all fire hydrant location, whether the pavement markers were existing or not. The pavement markers shall be Type I – Two-Way Blue Retroreflective per Section 214-6 of the Specifications and installed per City’s detail drawing No. 102-0. All work associated with the installation of all new, or replacement of existing, fire hydrant pavement markers shall be included as noted within the specifications.

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314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS.

314-4.1 General. – Add the following paragraphs:

During construction, if traffic legends or lane striping are removed or paved-over for any reason, they shall be replaced immediately with temporary traffic legends or lane striping as directed by the City, and the Contractor shall place permanent traffic legends or lane striping at the end of the job or on completion of final paving. When permanent items are placed, they shall be complete markings, legends, or striping i.e.: if limit lines are disturbed, they shall be replaced to centerline or from curb to curb, whichever was existing; if a letter in a word is removed or covered, the entire word shall be replaced; and lane striping shall extend 75 feet beyond construction limits. All replacement markings, legends, or striping required to be replaced beyond the contract limits shown shall be at the cost of the Contractor and shall meet City standards. If existing striping or legends are to be removed on existing surfaces, they shall be sandblasted. Painting over striping or legends in lieu of removal will not be permitted. Pavement striping shall comply with the applicable provisions of Sections 214 and 314 of the Standard Specifications.

Where side streets with existing striping, markings and markers are encountered, striping, markings and markers shall be repainted and replaced for a minimum distance of 15 m (50 feet) from the crosswalk, stop bar or limit line.

314-4.2 Control of Alignment and Layout.

314-4.2.1 General. - Delete and replace with the following:

The Contractor will be responsible for all layout of all striping. All striping, markings and markers shall be reinstalled in their existing locations unless otherwise shown on the plans. The Contractor shall be responsible to take appropriate measures and record the existing locations.

The Contractor shall verify all dimensions in the field prior to installation of pavement striping/marking layout (Cat-Track). Should field measurements differ from the plan, the Contractor shall immediately notify City staff. No Cat-Track marks shall be placed until discrepancies are resolved.

Cat-Track must be approved by City staff prior to the installation of permanent pavement striping/marking. Contractor shall notify City staff a minimum of 24 hours prior to installation of permanent pavement striping/marking to allow for inspection and approval. If approval of Cat- Track is not obtained by the Contractor, all work required to correct the striping/marking will be at the expense of the Contractor

Cat-Track marks shall be made in chalk. Paint for the purpose of Cat-Track is prohibited. If paint is used, the Contractor must remove the paint without damaging or visually deforming the pavement surface. If damage or visual deformity within the removal area occurs, in the opinion of City staff, the Contractor shall grind and overlay the entire segment with no additional compensation. The area of the grind and overlay shall be as required by City staff and shall be a minimum of 0.10’ thickness.

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All visible Cat-Track markings after the installation of the permanent striping/marking shall be removed without damage or visual deformity to the pavement surface. Any damage or visual deformity to the pavement shall be remedied as noted above.

314-4.3.5 Application. - Amend the first sentence in paragraph 8 as follows:
“Glass beads shall be applied at a rate of 0.6 to 0.8 kg of beads per liter (5 to 7 pounds of beads per gallon).”

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GENERAL REQUIREMENTS

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COORDINATION OF WORK, PERMITS, AND REGULATIONS 01110-1

SECTION 01110 COORDINATION OF WORK
A
. Utility Coordination

1. Contractor shall coordinate with Southern California Edison (SCE) planner Matthew Middendorf at (909)-307-6874 for the traffic signal service installation prior to the start of the construction.

B. Additional City Projects

1. The contractor shall coordinate with the city to determine any other additional projects near the project limits. Contractor and the city shall determine any conflicting schedule items and adjust schedule as necessary to accommodate adjacent projects.

END OF SECTION

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TRAFFIC CONTROL PLAN 01111-1

SECTION 01111 TRAFFIC CONTROL PLAN
A
. General
The intent of this specification is to provide the format and requirements in preparation of the Traffic Control Plan (TCP).

B. Format

1. The sheets of the TCP shall display, at a minimum, the title of the project, name of firm preparing the TCP, name and stamp of Registered Traffic or Civil Engineer preparing the TCP, approval block for City of Redlands approval, north arrow, title sheet with an index of the sheets, sheet number, and total number of sheets.

2. The TCP shall be drawn to a 1 inch = 40 scale, or as otherwise approved by City staff, on common size sheets ranging from 8-1/2 inches x 11 inches, 11 inches x 17 inches or 24 inches x 36 inches as determined appropriate based on work area.

3. TCP must be prepared and approved by a Registered Traffic or Civil Engineer in the State of California.

C. Requirements
The TCP shall contain the following items and scenarios of traffic control:

1. Traffic signal installation

2. Variations to accommodate night work;

3. All required detours;

4. Provide 4 changeable message boards, Solartech MB2-LR-1548 or approved equal, located throughout the project area to provide advance notification as work progresses;

5. The TCP shall be completed in conformance with Section 7-10.2.2.1 of the General Conditions and adhere to the following:
a. At least one lane of traffic shall be open on all roadways with appropriate traffic control and flaggers;
b. On street parking, where currently available, shall be open to the public outside of working hours; and
c. Shall be completed in conformance with all additional requirements from permitting agencies, such as Caltrans and SANBAG.

END OF SECTION

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DESCRIPTION OF WORK 01112-1

SECTION 01112 DESCRIPTION OF WORK

PART ONE -- GENERAL

1.1 SUMMARY

A. The work to be done under this Contract includes the furnishing of project management, labor, materials, tools and equipment for the construction of the University Street and Brockton Avenue Traffic Signal Project for the City of Redlands, all in accordance with the Contract Documents.

B. The following contract drawings are made a part of these Contract Documents:

Title Sheet No.

Title Sheet & Vicinity Map 1
Street Improvement Plan 2-3
Signing and Striping Plan 4 Traffic Signal Plan 5

1.2 GENERAL SCOPE OF WORK

A. Work In This Contract: Work in this Contract includes all labor, materials and equipment necessary for construction of the University Street and Brockton Avenue Traffic Signal Project as noted on the Contract Drawings and all other Contract Documents and is summarized as follows:

1. The Work shall consist of all traffic control (including furnishing and installing all arrowboards, barricades, signs, delineators, and flagmen); all earthwork (including trenching, shoring, sloping, bedding, and backfilling including select imported material or select native material); installing new traffic signal poles, signal heads, pedestrian heads, luminaries, conduit, signal cabinet/controller, signal service cabinet, video/radar detection; concrete and asphalt removals and disposals; installing new concrete sidewalk and ADA compliant curb ramps; grind and overlay of AC Pavement; installing all striping, pavement markings, raised pavement markers, and signage as noted on the plans, including all incidentals.

END OF SECTION

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MEASUREMENT AND PAYMENT 01200-1

SECTION 01200 MEASUREMENT AND PAYMENT

A. Work Listed in the Schedule of Work Items

1. The application for payment will be for a specific item based on the percentage completed or quantity installed. The percenta ge complete will be based on the value of the partially completed work relative to the value of the item when entirely completed and ready for service.

2. A retention of five percent (5%) of the value of work completed will be withheld from progress payments. This retention amount will remain constant throughout the contract period, and will not be payable until the expirati on of thirty-fiv e (35) days after the recordation of the Notice of Completion.

B. Work Not Listed in the Schedule of Work Items
The General Conditions and items in the Special Provisions, general requirements, and specifications which are not listed in the schedule of work items of the bid form are, in general, applicable to more than one listed work item, and no separate work item is provided therefore. Include the co st of work not list ed but necessary to complete the project designated in the contract documents in the various listed work items of the bid form.

The bids for the work are intended to establish a total cost for the work in its entirety. Should the Contractor feel that the cost for the work has not been established by specific items in the bid form, include the cost for that work in some related bid item so that the proposal for the project reflects the total cost for completing the work in its entirety.

The Contractor may experience difficulty in excavation due to rock or unsuitable backfill material throughout the project locations. It shall be the Contractor’s responsibility to identify these areas and account for difficulty in excavation, the need to export rock or unsuitable backfill material and the need to import suitable backfill material. There will not be additional contract time or additional compensation for any project locations where any of these circumstances occur.

C. Bid Items

1. Mobilization, Bid Item 1:

Payment for Mobilization shall be made at the contract price per lump sum (LS) and shall constitute full compensation for all labor, mate rial, equipment, and incidentals required within Section 01721. The bid price shall include, but not limited to, preliminary construction schedule, bonds, insurance, inst allation and relocation of information signs, installation and implementation of traffic c ontrol items per Section 01111, shop drawings, catalog submittals and shall constitute full compensation for all labor, material, equipment

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MEASUREMENT AND PAYMENT 01200-2

and incidentals required. The bid price for m obilization shall not exceed 5 percent of the Bid Schedule total price.

2. Storm Water Pollution Best Management Practices, Bid Item 2:

Payment for Water Pollution Best Management Practices shall be made at the contract price per lump sum (LS) and shall constitute full compensation for preparation, approval, NPDES Permit and shall include all labor and incidentals noted within Section 01572.

Payment for the Water Pollution Best Manageme nt Practices shall be made based on the percentage of project completion to ensure compliance with all requirements. The completeness shall be determined by the Engineer and updated on progress payments.

3. Clearing, Grubbing And Removals, Bid Item 3:

Item also includes all necessa ry dust control, clearing, gr ubbing, and removals such as removals of vegetation, rubbish, and utilitie s as required for the construction of the proposed improvements under these bid items.

Payment for Clearing, Grubbing And Removals sh all be made at the contract price per lump sum (LS) as specified on the bid sche dule and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work necessary as specified in the Contract Docu ments and Specifications, Standard Drawings, supplemental details, these Special Provisions , and as directed by the Engineer or his appointed designee, and no additional compensation will be allowed therefor.

4. Construction Survey and Staking, Bid Item 4:

Payment for Construction Survey and Staking shall be made at the contract price per lump sum (LS) and shall constitute full compensation for research, construction surveying, construction staking, prepara tion and submittal of surveyi ng cut sheets, tying existing control monuments that may be damaged or di sturbed prior to cons truction, verifications of horizontal and vertical position of ex isting control monuments, recovery and reestablishment of damaged or disturbe d control monuments after construction, preparation and submittal of corner records to applicable government agencies, and shall include all labor and incidentals noted within Section 01722.

Payment for the Construction Survey and Stak ing shall be made based on the percentage of project completion to ensure compliance with all requirements throughout the duration of the contract. The completeness shall be determined by the Engineer and updated on progress payments.

5. Demobilization, Bid Item 5:

Payment for Demobilization shall be made at the contract price per lump sum (LS) and shall constitute full compensation for preparation, approval, and shall include all labor and incidentals noted to complete the Demobilization per Section 01740.

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MEASUREMENT AND PAYMENT 01200-3

6. Construct Curb Ramp Per SPPWC Std. Plan No. 111-5 Case A Type 1 Over 12” Min of 95% Compacted Native, See Detail “A” and Detail “B” Bid Item 6:

Item includes but is not limited to earthwork , sawcuts, removals of varying thickness concrete, earthwork, dust control, grading and compaction as required for the construction of the proposed improvements under this bi d item. Ramps shall include cast-in-place truncated domes. All work shown on plans shall be per section 303 of the General Conditions.

The extent of work for the installation of the ADA Access Ramp shall be as outlined on the referenced APWA Standard Plan and sh all include all improvements necessary to install the ramp, including but not limited to, curb and gutter, cross gutter, cross gutter removal, utility cover adjustments, asphalt pavement trench repair and necessary flatwork to install ramp grooves. Included in the price of ADA access ramp is all required sidewalk removal and replacement required to in stall access ramp and provide a compliant transition to the adjacent sidewalk.

Included in the price of ADA access ramp co nstruction are retaining curbs. Retaining curbs are needed to retain soils from sl oughing and eroding onto the finished sidewalk surface, as a result of grade differential s from existing ground surface to proposed sidewalk surface. The height of the retaining curb shall be to the height of the existing grade it is retaining. Retaining curbs shall be located within the City’s right-of-way at all times.

Also included in the price of ADA access ramp construction are relo cation and repair of irrigation systems per section 212 of the General Conditions, surveying, construction staking, forming and survey monument pres ervation per section 01722 of the General Requirements.

Ramp types are specified on the plan based on the visual judgment. In any case, if the specified ramp type is not feasible for the pa rticular location, contractor shall propose the alternative ramp type that could be constructed per specifications. The alternate ramp type shall be approved by the City staff. Any re-work, re-forming, additional time or additional work due to change of the ramp type shall be considered in th e unit price of ADA access ramp construction.

Payment shall be made at the contract unit price per each (EA) and shall constitute full compensation for all labor, material, traffic c ontrol, equipment and incidentals required.

No partial payment for ADA ramps will be rele ased. All must be complete and operable before any compensation will be released.
7a. 2” Thick AC Pavement Surface Course (PG-70-C2), Bid Item 7a:

Item includes but is not limited to the installa tion of Asphalt Concrete over base course as specified on the project plans.

Payment for this item shall be made at th e contract unit price pe r ton (TON) and shall constitute full compensation for all labor, material, equipment and incidentals, and for doing all the work involved in prepari ng, the surface, and placing hot mix asphalt concrete.

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Contractor will not be compensated for asphalt quantities in excess of 8% of the amount as shown in the proposal for this item.
7b. 3” Thick AC Pavement Base Course (PG-70-B), Bid Item 7b:

Item includes but is not limited to the installation of Asphalt Concrete over aggregate base as specified on the project plans.

Contractor will not be compensated for asphalt quantities in excess of 8% of the amount as shown in the proposal for this item.
7c. 3” Crushed Aggregat e Base, Bid Item 7c:

Item includes but is not limited to the installation of Crushed Aggregate Base over compacted native as specified on the project plans.

Payment for this item shall be made at the contract unit price per cubic yard (CY) and shall constitute full compensation for all labor , material, equipment and incidentals, and for doing all the work involved in preparing, the surface, and placing crushed aggregate base.

Contractor will not be compensated for aggreg ate base quantities in excess of 8% of the amount as shown in the proposal for this item.

8. Construct 4” Thick P.C.C. Sidewalk Ov er 12” Min of 95% Compacted Native, Bid Item 8:

Item includes but is not limited to the installati on of P.C.C. Sidewalk as specified on the project plans.

Payment for this item shall be made at the contract unit price per square foot (SF) and shall constitute full compensation for all labor , material, equipment and incidentals, and for doing all the work involved in preparing, the surface, and placing the P.C.C. Sidewalk. 9a. Grind 1.2” Min AC Pavement, Bid Item 9a:

Payment for the installation of Grind 1.2” Min AC Pavement shall be made at the contract unit price per square foot (SF) and shall include but is not limited to localized and isolated base repair, depressed trench line repair, complete remova l of existing striping and pavement markings, as well as per spec ification Section 302 of General Conditions.

Payment for Grind 1.2” Min AC Pavement shal l be made at the contract unit price and shall constitute full compensation for all labor, material, traffic control, equipment, and incidentals required for Grind 1.2” Min AC Pavement.

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9b. Overlay 1.2” Min AC Pavement, Bid Item 9b:

Paym
ent for the installation of Grind 1.2” Min AC Pavement shall be made at the contract unit price per ton (TON) and shall include but is not limited to localized and isolated base repair, depressed trench line re pair, as well as per specif ication Section 302 of General Conditions. Payment for Overlay 1.2” Min AC Pavement shall be made at the contract unit price and shall constitute full compensation for all labor, material, traffic control, equipment, and incidentals required for Overlay 1.2” Min AC Pavement.

10. Contractor to Coordinate with Utility Owner to Adjust Existing Utility to Grade, Bid Item 10:

Item
includes but is not limited to adjustment of the pullboxes to the proposed finish grade of the street.

Payment for this item shall be made at th e contract price per each (EA) and shall constitute full compensation for all labor, material, equipment and incidentals required.

11. Adjust Existing Utility to Grade, Bid Item 11:

Item includes but is not limited to adjustme nt of the m anholes, water valves, and gas valves to the proposed finish grade of the street. Manhole shall be re-constructed per City of Redlands Standard, A-101 and shall include the reconstruction of the concrete collar if ex isting prio r to construction. Valves can shall be re-constructed per City of Redlands Standard, A-20514.

Payment for this item shall be made at th e contract price per each (EA) and shall constitute full compensation for all labor, material, equipment and incidentals required.

12. Traffic Signal Installation, Bid Item 12:

Payment for the installation of Tra ffic Signal improvements shall be made at the contract price per lump sum (LS) and shall include but is not limited to the materials, equipment, installation of the traffic signal poles and foundation, mast arms, signal heads, back plates, pedestrian push buttons, pedestrian signal heads, conduits, conductors, pull boxes, video detection system, emergency vehicle preemp tion (EVP), traffic signal controller and cabinet, service enclosure, str eet lighting relocation, tree trim ming as needed as specified on plans, and mast arm signs. Conduit shall be placed under existing paving in a trench 2" (53 mm) wider than the outside diameter of the conduit being insta lled. Trenching shall not exceed 6" (150 mm) in width. Item sha ll constitute full compensation for all labor, material, equipment and incidentals required.

13. Signing and Striping, Bid Item 13:

Payment for the installation of striping and si gna ge improvements shall be included in the contract price per lump sum (LS) and shall include surface preparation, layout, material placement, curing, protection, testing, and all labor, materials, tools, etc. to install striping and curb paint.

The price shall include, but not be limited to the removal of all temporary traffic control measures installed following pavement resurfacing installation of additional sign bolts and

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supports and the adjusting the location of exis ting posts as noted on the plans, to clear obstructions not noted on the plan s at the direction of City staff, the installation of cat tracking and adjustment if field inspection requires.

14. Unforeseen work not covered within all other bid items, Bid Item 14:

Payment for the unforeseen work not covered wi thin all other bid items shall be made at the contract price per lump sum (LS) and sh all constitute full compensation for all labor, materials, equipment, and incidentals required. Unforeseen work must be approved by the City staff before doing any work, and pay estimate shall be negotiated based on unit price already established with the bid proposal for this project. Any required work that is outside of the proposed bid unit cost, shall be performed based on the Time and Material (T&M) basis and T&M cost shall be negotiated and approved by the City staff prior to performing the work. Unforeseen work will be paid in each billing cycle with a percentage of the lump sum cost included in the bid. This item may not be spent entirely.

END OF SECTION

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CHANGE ORDER REQUESTS 01251-1

SECTION 01251 CHANGE ORDER REQUESTS

1.1 GENERAL

A. All quotations for preliminary change orders for extras, changes, additions, or deletions to the Work as described in EXTRA WORK of the GENERAL CONDITIONS shall be submitted to the ENGINEER, in writing, on the Change Order Request (COR) Cover Sheet and the Change Order Cost Summary Form, both attached, and in conformance with the requirements of Section 01254 CHANGE ORDERS. The quotation shall be firm for a period of not less than sixty (60) calendar days from the date of receipt of the quotation by the ENGINEER. The CONTRACTOR shall submit its written cost quotation and Time Impact Analysis not later than fifteen (15) days after being requested to provide such quotation, unless the ENGINEER allows more time. Delays in submitting quotations beyond the fifteen (15) days set forth herein, which cause a delay in the issuance of a Change Order or a delay to the completion date of the project, shall not be cause for a claim or a time extension under the Contract.

B. The ENGINEER'S request for quotation on a preliminary change shall not be considered authorization to proceed with the changed work prior to the issuance of a final Lump Sum or Time & Material Change Order, unless directed otherwise, in writing, by the ENGINEER, nor shall such request constitute justification for a delay to the existing Work or a time extension under the Contract.

END OF SECTION

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Change Order Cost Summary
Project Name :

Change Order Request No. :

Date :

Direct
Labor
Direct
Materials
Direct
Equipment
(1): Lump Sum Work by $0.00 $0.00 $0.00
Prime Contractor
(2): "T&M" Work by $0.00 $0.00 $0.00
Prime Contractor
(3): Subtotal - Direct Work $0.00 $0.00 $0.00
(Prime Contractor)

(4): All Lump Sum Work by $0.00 $0.00 $0.00
subcontractors (any tier)
(5): All "T&M" Work by $0.00 $0.00 $0.00
subcontractors (any tier) Totals
(6): Subtotal - Direct Work $0.00 $0.00 $0.00

$0.00
(all subcontractors)
Add each of the
(3)+(6)=(7): Total - Direct Costs $0.00 $0.00 $0.00
three columns
$0.00
across and enter
to the right.
(8): Markup
(20%
of
direct
labor)
(15% of
direct mat'l)
(15% of
direct equip)
$0.00 $0.00 $0.00 $0.00

(9): Prime Contractor
Markup 10% of line (6) direct sub work up to $5,000

for subcontractors plus 5% of line (6) direct sub work over $5,000

(10): Bonds & Insurance 1% of line (7)
$0.00
all direct work

(11): Additional amount

permitted by Contract

(12): GRAND TOTAL Add sums of lines)
$0.00
(7), (8), (9), (10) and (11)

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CHANGE ORDERS 01254-1

SECTION 01254 CHANGE ORDERS

PART ONE -- GENERAL

1.1 REQUIREMENTS

Payment to the Contractor, or credit to the City, for any change, addition, deletion or extra to the Work, or settlement of any Claim, covered by any Change Order, shall be determined by the methods set forth herein. The Engineer may change the Plans and Specifications, character of the Work, or quantity of Work provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed twenty-five percent (25%) of the Contract Price. Should it become necessary to exceed this limitation, the change shall be by written Supplemental Agreement between the Contractor and the City, which shall be executed by a Change Order.

Unless otherwise stipulated, “Unit Prices” include all costs necessary to furnish, install and complete the Work. The “Unit Prices” include all direct costs for labor, equipment and materials, all insurance and bond costs, all field and office supervisors and assistants, all onsite project administration, security costs, the cost of small tools and consumables, incidental job burdens, and all general home office expenses and no separate allowance will be made therefor. Assistants to field and office supervisors include all clerical, stenographic, and general office help. Incidental job burdens include, but is not limited to, office equipment and supplies, temporary toilets, telephone, utilities, safety equipment, warning devices, personal protective equipment, and conformance to OSHA requirements. Project administration includes, but is not limited to, review and coordination, estimating, engineering, scheduling, and expediting relative to Change Orders, and updating and furnishing Record Drawings to incorporate changes, schedule update, supervision not applied solely to the Work of the Change Order, home office salaries and expenses, and City of Redlands Business Tax.

A. Unit Prices

Unit prices stipulated in the Bid or itemized in the approved Schedule of Values shall be utilized, where they are applicable and determined reasonable by the Engineer. In the event that the Change Order results in a change in the original quantity of more than twenty-five percent (25%), either increase or decrease, then either the Engineer or the Contractor may request a review of the unit price to determine if a new unit price shall be mutually determined by negotiation. Any new unit price mutually determined under this Subsection shall only apply to the units in excess of one hundred twenty five percent (125%) of the original quantity for overruns. In case of underruns, the unit price stipulated in the Bid shall be applied to the first twenty-five percent (25%) of the actual quantity of work performed and the new mutually determined price shall be applied to the quantity between twenty-five percent (25%) and seventy-five percent (75%) of the original quantity.

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Renegotiated unit prices or unit prices for new items added to the Contract by Change Order shall be determined in accordance with Subsections B through G.

Whether stipulated in the Bid, itemized in the approved Schedule of Values or renegotiated, the unit prices used for payment constitute the total adjustment with no further costs owed for overhead, impact, profit, delay or impact to unchanged portions of the Contract, or any other reason. The unit price shall be full and final compensation as described in Subsection D.

The cost proposals for renegotiated unit prices shall be presented in accordance with the provisions of Subsections B through G. Should any Bid Item be deleted in its entirety, the amount bid for that bid item shall be subtracted from the total Contract amount. The Contractor shall be paid only for the actual cost incurred prior to the notification of such deletion for that Bid Item.

B. Lump Sum

The Engineer and the Contractor may mutually determine a total sum for the Extra Work. The Contractor shall summarize the total cost and furnish a breakdown of the proposed lump sum costs satisfactory to the Engineer in accordance with Subsections B through G. Such lump sum costs shall be full and final compensation as described in Subsection D. The Contractor’s quotation shall conform to the requirements of Section 01251- Change Order Requests, and be submitted in the Change Order Cost Summary Form provided (see Attachment 01251-A1). The Change Order Cost Summary Form cannot be used to nullify or supercede any specification or contractual provision.

If the method or amount of payment cannot be agreed prior to performing the Extra Work, the Engineer may unilaterally issue a Change Order in the amount determined reasonable by the Engineer for the Extra Work and direct the Contractor to proceed immediately. The Engineer also has the option to issue a Change Order directing the Work be done on a Time and Materials basis with the Contractor providing all labor, equipment, and materials necessary to complete the Work in a satisfactory manner and within a reasonable period of time.

Estimates for lump sum quotations and accounting for Time and Materials work shall be limited to direct expenditures necessitated specifically by the subject Extra Work, and shall be segregated as follows:

1. Labor, up to and including working general foremen, who are directly assigned to the Extra Work. Employees identified as superintendents or non-working general foremen shall not be charged as labor on Extra Work.

The labor costs shall include actual documented payroll costs including wages, payroll taxes as established by law (i.e., FICA, Federal and State Unemployment Taxes), fringe benefits as established by negotiated labor agreements, and any insurance costs (such as Worker's Compensation and General Liability Insurance but shall not include Automobile Liability Insurance or any other insurance costs) . A detailed breakdown of those

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subcomponents of labor costs, by all crafts shall be submitted to the Engineer, by the Contractor and all Subcontractors, for approval, as part of the documentation of labor costs, within ten (10) working days after issuance of the Notice to Proceed. No other subcomponents of labor costs shall be considered, unless approved in writing by the Engineer.

The labor cost is not allowed to be increased by using labor classifications with paygrades higher than necessary to accomplish the Work.

2. Materials: The cost of materials used in performing the Extra Work will be the cost, including sales tax and freight, to the purchaser, whether Contractor, Subcontractor or other forces, from the supplier thereof, except as follows:

a. Cash or trade discounts available to the purchaser shall be credited to the City notwithstanding the fact that such discounts may not have been taken by the Contractor.

b. For materials secured by other than a direct purchase and direct billing to the purchaser, the cost shall be deemed to be the price paid to the actual supplier as determined by the Engineer. Supplier markup, except for actual costs incurred in the handling of such materials, will not be allowed.

c. Payment for materials from sources owned wholly or in part by the purchaser shall not exceed the price paid by the purchaser for similar materials from said sources on contract items or the current wholesale price for such materials delivered to the Jobsite, whichever price is lower.

d. If, in the opinion of the Engineer, the cost of materials is excessive, or the Contractor does not furnish satisfactory evidence of the cost of such materials, then the cost shall be deemed to be the lowest current wholesale price for the quantity concerned, delivered to the Jobsite less cash or trade discount. The City reserves the right to furnish materials for the Work and no claim shall be made by the Contractor for costs and profit on such materials.

e. For the purposes of this Section, a "Supplier" is defined as any person or persons, firm or business, who supplies materials of construction and/or permanent equipment, but who does not perform any portion of the Work of the Contract on site, for the Contractor, except that labor or labor supervision which may be required by some manufacturers as part of their equipment installation for warranty or other purposes.

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3. Equipment Costs, including ownership, lease or rental costs, as well as operating costs, for individual equipment units whose replacement value is in excess of $500. Transportation and set up costs shall be included, but only if the equipment is imported to the worksite solely to perform work on the Extra Work described in the Change Order and the Contractor can demonstrate that the changed work cannot or could not be performed economically with equipment already at the site. Equipment costs shall be determined in accordance with the requirements set forth in Subsection G.

4. Small tools, equipment, consumables and incidental costs: No separate payment will be made for the use of small tools or equipment with a replacement value of $500 or less. This applies to tools and equipment owned by the Contractor or its subcontractors of any tier. Also, no separate payment will be made for fuel, lubricants, tool or equipment repairs, tool or equipment maintenance, consumables, drinking water, sanitary facilities or other incidentals. These costs are already included as a part of Markup.

5. Subcontractor Costs, including their overhead and profit, provided that such costs are direct costs to the Contractor for performing the Extra Work as set forth in Subsections B through G.

C. Time and Materials Work

The costs of all Changed/Extra Work submitted under the Time and Materials (T&M) method shall be formulated in accordance with the provisions of Subsections B through I.

Unless otherwise stipulated on the Change Order, the “Not-to-Exceed” amount for all T&M Change Orders is $10000. The Contractor is responsible for tracking costs and for notifying the Engineer in writing when costs approach 50% and 75% of the “Not-to-Exceed” amount. In addition, if the Changed/Extra Work cannot be completed within the “Not-to-Exceed” limit, the Contractor shall notify the Engineer in writing, and in a timely manner, that the limit requires an increase.

The City will only reimburse eligible costs up to the “Not-to-Exceed” amount.

The Contractor shall notify the Inspector at the beginning of each day when Changed/Extra Work is being performed. The Contractor shall notify the Inspector of the Changed/Extra Work being performed and describe the personnel involved, whether by Contractor forces or by its subcontractors at any tier. Failure to notify the Inspector prior to the start of Changed/Extra Work serves as the Contractor’s waiver to claim for compensation on that day.

For each working day, the Contractor shall submit a “Daily Extra Work Report” (DEWR) to the Inspector. The “Daily Extra Work Report” shall summarize labor,

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equipment and materials supplied. The Inspector will only consider Forms that are properly completed as described below.

1. Separate forms must be used for labor and for equipment/materials.

2. Labor, equipment, material or expenditures that are not included on The DEWR are ineligible for payment. There will be no exceptions to this requirement. It is the responsibility of the Contractor to include any and all items of labor, equipment, or material for which it requests compensation for each day’s work completed.

3. Information required on the Labor form shall include name of personnel, personnel classification, and only the number of hours worked on Changed/Extra work for the day being reported. Since the overhead allowance already includes all necessary supervision, any hours for additional supervision or non-working foremen are ineligible for additional payment. The premium pay for a general foreman is eligible for payment only if the general foreman is a working foreman and a general foreman was required by a Union Labor Agreement or otherwise approved by the Inspector. The general foreman rate is eligible for payment only during the time that a general foreman was required for the Changed/Extra Work.

4. Information required on the Equipment/Material shall include Contractor- owned equipment and/or tools, and rented equipment or tools for which c
ompensation is requested. Information shall include the type of equipment, size of equipment, equipment identification number, appurtenances, and only the number of hours worked on the Changed/Extra work.

5. The only allowable materials are materials delivered to the job site and/or incorporated only into the Changed/Extra work. The allowable materials shall be listed on the T&M sheet for the day that they are delivered to the job site and/or incorporated into the Changed/Extra work.

6. Delivery ticket(s) and/or bill(s) of lading for rental equipment and/or tools delivered to the site and/or material incorporated into the work for the day being reported must be attached with the T&M sheet for that day. No payment will be allowed for materials and/or rented equipment unless receipt(s) or bill(s) of lading is attached. If the request for payment is not substantiated by original vendor/supplier invoices, acceptable copies of original invoices, or other documentation acceptable to the Inspector, the City may establish the cost of the item(s) at the lowest possible wholesale price or rental rate applicable while the work was being performed.

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7. Failure to submit the required “Daily Extra Work Report of Time and Material Work” by the close of the next working day shall waive all rights for that day unless otherwise approved by the Inspector. Work that cannot be substantiated by a “Daily Report”, approved and signed by the Inspector, is ineligible for payment.

8. The Contractor is responsible for preparing the “Daily Extra Work Report” for work by its Subcontractors and submitting the Forms to the Inspector on time.

9. The Contractor must have each “Daily Extra Work Report” verified by the Inspector. After the “Daily Extra Work Report” is approved by the Inspector, both the Contractor and Inspector sign the report. The original “Daily Extra Work Report” is retained by the Inspector with a copy provided to the Contractor.

10. When the “Daily Extra Work Report” is signed by the Inspector and the Contractor, it is binding on the Contractor and its Subcontractors.

11. When agreed to by the Inspector, the Contractor may submit a supplemental “Daily Extra Work Report” for labor, materials, or equipment for which the Contractor requests compensation but failed to list on the original daily report.

a. These supplemental forms shall be marked “SUPPLEMENTAL”.

b. Unless otherwise approved by the Inspector, the supplemental forms may only be submitted for approval up to two (2) working days following the date when the work was performed.

No payment will be allowed for labor, materials, or equipment included on T&M sheets not signed by the Contractor and the Inspector. Payment will not be allowed for labor, materials, or equipment included on T&M sheets signed by anyone other than the Inspector or the Inspector’s immediate supervisor.

D. General

It is the intent of the City to settle all Change Orders full and final at the time the Change Order is issued. Therefore, the following paragraph shall be made a part of all Change Orders, whether included or not on the actual change order:

“The compensation (time and cost) set forth in a Change Order comprises the total compensation due the Contractor, all Subcontractors, and all Suppliers, for the Work or change defined in the Change Order, including impact on unchanged work. By signing the Change Order, the Contractor acknowledges and agrees on behalf of himself, all Subcontractors, and all

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Suppliers, that the stipulated compensation includes payment for all work contained in the Change Order, plus all payment for the interruption of schedules, extended field overhead costs, delay, and all impact, ripple effect or cumulative impact on all other work under this Contract. The signing of the Change Order indicates that the Change Order constitutes full mutual accord and satisfaction for the change, and that the time and/or cost under the Change Order constitutes the total equitable adjustment owed the Contractor, all Subcontractors, and all Suppliers as a result of the change. The Contractor, on behalf of himself, all subcontractors, and all Suppliers, agrees to waive all rights, without exception or reservation of any kind whatsoever, to file any further claim related to this Change Order.

No further claim or request for equitable adjustment of any type for any reasonably foreseeable cause shall arise out of or as a result of this Change Order or the impact of this Change Order on the remainder of the Work under this Contract.”

Costs which shall not be paid in Change Orders under this Contract include, but are not limited to, interest costs of any type; claim preparation or filing costs; legal expenses; the costs of preparing or reviewing proposed Change Orders or Change Order proposals; lost revenue; lost profits; lost income or earnings; rescheduling costs; costs of idled equipment when such equipment is not at the site or has not yet been employed on the Work; lost earnings or interest on unpaid retainage; claims consulting costs; and the costs of corporate officer or staff visiting the site; any compensation due to the fluctuation of foreign currency conversion or exchange rates; loss of other business; changes in taxes or increased tax rates of any kind or any costs identified as unallowable under the provisions of the Federal Acquisition Regulations.

Extensions of time shall be based solely upon the effect of delays to the Work as a whole. Extensions of time shall not be granted for delays to the Work, unless the Contractor can clearly demonstrate, through analysis of the current updated schedule, that the delay to the Work as a whole arose or will arise from causes other than normal weather, beyond the control and without fault or negligence of the Contractor, or any Subcontractor, at any tier, and that such delays did or will, in fact, delay the progress of the Work as a whole. The Contractor shall not be entitled to a time extension unless it submits a Time Impact Analysis which is a calculation of the extent of the delay to the end date of the Work and which shows that the Work has been or will be extended beyond the current Contract completion date. A Time Impact Analysis is a scheduling procedure which utilizes the networking techniques (fragnets) and a written analysis of the facts associated with the alleged delay to demonstrate the effect of the alleged delay on the critical path of the schedule. A "fragnet" is defined as a sequence of new activities and/or activity revisions that are proposed to be added to the existing current updated schedule to demonstrate (mathematically and graphically) the influence of the alleged delay on the end date of the Work and shall be the sole method for incorporating delays and impacts into the schedule. The objective of a

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Time Impact Analysis is to pinpoint, isolate, and quantify all time impact associated with a specific issue and determine its time relationship to past or current delays. Time extensions shall not be allowed for delays to parts of the Work that are not on the critical path of the currently approved monthly updated project schedule. Time extensions shall not be granted, nor delay damages of any kind whatsoever paid to the Contractor, until all available float, slack, or contingency time on the project is used and the end date of the Work is moved beyond the current, adjusted Contract completion date.

The cost summary, cost breakdowns and requests for cost reimbursement submitted by the Contractor (for delay, disruption, hindrance and interference associated with the changes, additions, deletions or extras) shall be itemized in a manner that, with mathematical certainty and without reliance upon probabilities or inferences, segregates the direct, actual reimbursable costs associated with each individual, change, addition, deletion, extra and (on an event-by-event basis) each individual delay or disruption event. Such cost summaries, breakdowns or requests shall not be based, in whole or in part, upon any methodology (such as “total cost” or “modified total cost” methodologies) that purports to calculate the Contractor’s additional costs of performance of the extra, change, addition or deletion (including without limitation the additional costs of delay, disruption or other impact) based on the difference between Contractor’s total actual Project or line item costs (with or without fee) and its original bid estimate for the Project or any original bid estimate line item. In connection with the foregoing, Contractor represents and warrants that it has the ability to generate and maintain complete and accurate cost accounting records that will reflect (i) the actual costs incurred or saved for each individual item of Extra Work, change, addition, deletion (including without limitation any costs of associated delay, disruption, interference, hindrance and the cumulative impact of each extra, change, addition, deletion on other parts of the Work); and, (ii) on an event-by-event basis, the effect of each delay or disruption that forms the basis of each request for extension of time, regardless of their scope, number, complexity, cumulative effect, or time of issuance or occurrence.

Except as provided in Section 6-6 of the General Conditions, Contractor shall have no right to recovery of any compensation, costs, expenses or damages resulting from delay, disruption, interference, or hindrance in the performance of the Work (including without limitation interruption of schedules, excess or extraordinary extended field and indirect overhead costs, loss of productivity and the impact, ripple or cumulative effect on other Work).

Contractor waives any claim or rights and remedies based on abandonment, quantum merit, rescission or other similar legal theory by reason of any of the following circumstances, which the Contractor acknowledges and agrees are within the reasonable contemplation of the parties: (i) changes, additions, deletions and extras to the Work after execution of the Contract and issued from time to time throughout the period of construction, regardless of their scope,

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number, cumulative value, or complexity, to correct errors, omissions, conflicts, and ambiguities in the Contract Documents, or to implement discretionary changes to the scope of Work requested by the City; (ii) the issuance and performance of changes, additions, deletions and extras in a manner that is not in sequence with the as-built or as-planned progress of the Work; (iii) changes due to Differing Site Conditions; (iv) suspensions of the Work or parts thereof, or limitations on access to portions or all of the Work, for the convenience of City or in the interests of the Project; (v) delay or disruption to the Work due to failure of the City, Engineer or Inspector to timely perform any contractual obligation.

E. Markups – Overhead and Profit

1. In addition to the direct expenditures specified for labor, materials and equipment in Subsection B, a lump sum will be paid for all overhead and profit, including: All insurance costs other than specifically mentioned in this Section, all field and office supervisors and assistants, all onsite project administration, security costs, the cost of small tools and consumables, incidental job burdens, and all general home office expenses and no separate allowance will be made therefor. Assistants to field and office supervisors include all clerical, stenographic, and general office help. Incidental job burdens include, but is not limited to, office equipment and supplies, temporary toilets, telephone, utilities, safety equipment, warning devices, personal protective equipment, and conformance to OSHA requirements. Project administration includes, but are not limited to, review and coordination, estimating, engineering, scheduling, and expediting relative to Change Orders, and updating and furnishing Record Drawings to incorporate changes, schedule update, supervision not applied solely to the Work of the Change Order, home office salaries and expenses, and City of Redlands Business Tax. Such lump sum shall conform to the following schedule of percentages of the total amount of direct expenditures of the Contractor and subcontractors.

(a) Work by Contractor. The following percentages s
hall be added to the
Contractor’s costs and shall constitute the markup for all overhead and profits:
1) Direct Labor 20%
2) Direct Materials 15%
3) Direct Equipment 15%

(b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in (a) shall be applied to the Subcontractor’s actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor.

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2. Bonds and Insurance

An additional allowance of one percent (1%) of all direct costs (less markup) is allowed.

3. Add/ Deduct Changes

The overhead rates determined above shall be applied to all additive Change Orders, except those utilizing as-bid Unit Prices listed in the Bid Proposal.

Any change in the Work involving both extras and credits shall show a net total cost, including subcontracts. Allowances for overhead and profit to the net total cost, as specified herein above, shall be applied if the net total cost is an extra; overhead and profit allowances shall not be applied if the net total cost is a credit. The estimated cost of deductions shall be based on labor and material prices on the date the Contract was signed.

4. When all or any part of the extra work is performed by a Subcontractor, the markup established in subsection 1.1.E.1 shall be applied to the Subcontractor’s actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor.

F. City Furnished Materials, Equipment and Services

The Engineer reserves the right to furnish materials, equipment and services deemed expedient for use on the Changed/Extra Work. The Contractor shall have no claim for profit or overhead on the cost of such materials, equipment and services.

G. Equipment Costs

The rates for rental or leased equipment shall not exceed the rates listed in the Caltrans Labor Surcharge and Equipment Rental Rates (Caltrans LS&ERR). For T&M Change Orders, the rates are established by the actual paid invoice(s) that comply with the requirements of Subsections G.1 and G.3. Owned equipment costs shall not exceed the rates established by Subsection G.2. The most recent published edition in effect at the commencement of actual equipment use shall be used.

The rates paid for any rented or leased equipment or tools shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance and all incidental costs associated with the operation of the equipment or tools.

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It is the responsibility of the Contractor to include any appurtenances added to equipment which would increase the basic rate for said equipment (i.e., hoe-ram, oversize bucket, and etcetera) as established in the acceptable rental rate guide.

All equipment and/ or tools shall be acceptable to the Inspector, in good working condition, suitable for the purpose for which it is to be used, and necessary to complete the Changed/Extra Work. Payment will be based on the manner in which the equipment was actually powered, operated and modified per the equipment manufacturer’s recommendations.

1. Rented or Leased Equipment

For equipment rented or leased (including lease with purchase option) in arm's length transactions from outside vendors, the Contractor shall be paid the actual invoiced, rented or leased rates provided that the invoiced lease or rental rates do not exceed the rates set forth in the Caltrans LS&ERR. Arm's length rental or lease transactions are those in which the firm involved in rental or lease of such equipment is not associated with, owned by, have common management, directorship, facilities, or stockholders with the firm renting the equipment. Submittal by a Contractor of a rental or leased invoice from the lessor will be prima facie proof of compliance with the above. However, such invoices are not conclusive proof; if questioned, the burden of proof remains with the Contractor. In no event shall the leased equipment rate billed to the City be at rates exceeding those prescribed in the following table:

Actual Usage (Change Order
& Contract Work Combined) Payment Category
Less than 8 hours Hourly Rate
8 or more hours but less than 7 days Daily Rate
7 or more days but less than 30 days Weekly Rate
30 calendar days or more Monthly Rate

a. When in Use:

Actual equipment use time documented by the Inspector shall be the basis that the equipment was utilized on the changed work and paid for under the Change Order. In addition to the lease or rental rate, equipment-operating costs shall not exceed the estimated hourly operating rate as set forth in the Caltrans LS&ERR. The hours of operation shall be based upon actual equipment usage on the changed work as recorded by the Inspector. For multiple shift work sequences, the allowable equipment rate shall not exceed fifty percent (50%) of the base rate, for second or third shifts.

b. When Idle:

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Idle equipment is equipment on site and necessary to perform the Work under the change but not in actual use due solely to the impact of the changed work. Equipment operating costs due to idle time, documented by the Inspector, shall be paid at the rate determined in “G” (1) above. Idle time shall include a reasonable time allowance to and from the project site.

Payment for equipment or tools shall be limited to hours actually worked on the Changed/Extra Work if the equipment or tool is already on site for Work under the original Contract. No “standby” time will be paid for equipment already on site for Work under the original Contract.

If equipment or tools are used intermittently and, when not in use, could be returned to the rental source at less expense than holding it at the work site, it shall be returned, unless the Contractor elects to keep it at the work site at no expense to the City.

2. Owned and Other Equipment

Equipment rates for owned equipment or equipment provided in other than arm's length transactions shall not exceed the total hourly costs as set forth in the Caltrans “Labor Surcharge and Equipment Rental Rates” effective at the time the work is performed. (The Caltrans equipment rental rates are available on the internet at
http://www.dot.ca.gov/hq/construc/equipmnt.html.) If the equipment is not listed in Caltrans LS&ERR, then the Rental Rate Blue Book shall be used. When using the Blue Book, the hourly rate for any period less than 7 days shall be the weekly rate divided by 40, plus the Operating Cost.

Except as noted herein below, this equipment hourly rate plus the estimated operating cost per hour from the Blue Book will be paid for each hour the equipment actually performs the Extra Work. Daily records listing the equipment units and their respective operators, identification code, and actual usage on the Work under the Change Order, as certified at the end of each work day (or work shift if the Work is being performed in multiple work shift sequence) by the Inspector shall be the record upon which actual equipment use shall be based. For multiple shift work sequences, the Caltrans overtime factor shall be applied (When using the Blue Book one-half the Non-Operating Cost will be deducted for second and third shifts. The Non-Operating Costs are the Blue Book monthly or weekly/40 rates, as applicable.). It is agreed that this rate shall represent payment in full for all the Contractor’s direct costs.

a. When Idle:

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Payment for equipment necessary to be on the site to complete the Work, but not in actual use due solely to the impact of the changed work, shall be paid per the table in Caltrans Standard
Specifications Section 9-1.03A(3b), provided that its presence and necessity on the site has been documented by the Inspector, and further provided that the equipment was idled solely by actions of the City. Idle equipment time will only be paid as a function of delays specifically directed or caused by the City's actions. In no event shall the idle time claimed in a day for a particular piece of equipment exceed the normal work schedule established for the project - usually eight (8) hours per day or forty (40) hours per week, and excluding Saturdays, Sundays, and holidays. For multiple shift work sequence, the allowable idle equipment rate shall not be allowed, for second or third shifts. It is agreed that this rate shall represent payment in full for all the Contractor’s direct costs.

3. Equipment Haulage and Set Up Costs

Documented and actual equipment haulage and set up costs shall be paid for, if applicable as set forth in Subsection B.3.

4. Other Equipment Cost Guides

In the event that a piece of equipment used on a Change Order is not listed in Caltrans or the Blue Book, costs may be derived from the Associated General Contractor’s of America Equipment Ownership Guide, the Associated Equipment Dealers Guide, or the Equipment Rate Guide published by the U.S. Army Corps of Engineers as adjusted appropriately for the type of work and use and the regional area of the Work under this Contract.

H. Records

At any time should the Contractor deviate substantially from the schedule, method and sequence of operation, equipment, cost or pricing data furnished by the Contractor and agreed to by the City in connection with the Change Order or should the City determine that any price negotiated in connection with the Change Order is defective due to such deviation or the fault of the Contractor, the City reserves the right to reduce the Change Order cost and reissue the Change Order at the amount in which the City determines to be the actual costs to complete the change.

Whenever any material or process is indicated or specified by patent or a proprietary name, or by name of a manufacturer in the Change Order, such direction shall not relieve the Contractor’s responsibility or obligation to perform

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work in accordance with the contract requirements. The Contractor shall be solely responsible for, and have control over construction means, methods, techniques, sequences and procedures, coordination of all portions of the contract and Change Order work.

T
he Contractor shall on a weekly basis submit an approximate accounting of the amount expended on the Time and Materials work to date and an estimate of the Impact to the time of performance of work.

I. Partial Payments for Time and Materials Work.

Progress payments for Time and Materials work shall only be made if the anticipated cost of the changed work is in excess of $50,000 and/or the time to perform the changed work will exceed two (2) months duration. To receive payments for Time and Materials work, the Contractor shall submit to the Engineer an invoice of the daily reports which were verified by the Inspector, with details and documents, verifying the Contractor’s and Subcontractor's actual costs incurred for the Time and Materials work as set forth in Subsections B through H. Costs shall be submitted within thirty (30) calendar days after the T&M work has been satisfactorily completed unless an extension of time for submittal is authorized in writing by the Inspector.

END OF SECTION

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SCHEDULE OF VALUES 01298-1

SECTION 01298 SCHEDULE OF VALUES

1.1 GENERAL

A. The Schedule of Values shall be used as a basis for determining progress payments on a lump sum contract or any designated lump sum bid item. The Schedule of Values shall be a schedule of cost loaded construction activities equal, in total, to the lump sum bid and shall be in such form and sufficient detail to correctly represent a reasonable apportionment of the lump sum. Prior to submitting an invoice for payment, the CONTRACTOR shall have submitted a detailed Schedule of Values and obtained approval from the ENGINEER.

B. Each lump sum bid item on the Schedule of Work and Prices, as set forth in the Bid must be broken down separately. The breakdown of each lump sum bid item must cover the cost of construction required by the contract documents for that item. The sum of the values for the construction activities, within a bid item, must equal the total bid amount for that item. The breakdown shall include subcontract amounts which shall not deviate from the amounts submitted in the Bid Proposal. The CONTRACTOR shall provide certification from the Subcontractors certifying the subcontract amounts.

C. Each activity in the Schedule of Values shall delineate one construction activity.

For example, the placement of concrete between construction joints, the construction of an electrical duct bank or pipeline between points A & B. The costing for each activity should include all costs for the labor and materials or equipment required to complete the activity. For example, concrete construction activities should include all costs for the forming, placing of reinforcement, placing concrete and curing. The cost for pipeline construction activities should include materials, equipment and installation including pipeline supports or thrust blocks. The excavation and backfill for a pipeline or structure may be separate activities. The Contract Price breakdown shall include the itemized costs for the plant establishment and any maintenance services to be performed before the final project acceptance is made. No non-construction activity shall be cost loaded.

D. The CONTRACTOR shall use cost loaded construction activities from the Construction Schedule as a Schedule of Values. Each construction activity shall be encoded to its bid item and a sort provided for each bid item totaling the cost loaded amount. The total of the Cost Loaded amounts for each bid item shall equal the amount bid for that item. The total of the Schedule of Values shall equal the current Contract value at all times. At any time during the progress of the Work of the Contract the INSPECTOR reserves the right to review the cost loading of the Schedules of Values and direct necessary revisions. When requested by the INSPECTOR, the CONTRACTOR shall provide all information necessary to substantiate the cost loading.

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E. Attached are samples of the Schedule of Values. The City will provide project specific Schedule of Values for the CONTRACTOR to use throughout the project at the Preconstruction Meeting. The Schedule of Values must be used by the CONTRATRACTOR at the time of each progress payment.

END OF SECTION

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CONSTRUCTION SCHEDULE 01321-1

SECTION 01321 CONSTRUCTION SCHEDULE

1. THE REQUIREMENT

A. It is expressly understood and agreed that the time of beginning, the rate of progress, and the time of completion of the Work are of the essence of this Contract.

B. The CONTRACTOR’S representative in charge of scheduling is required to attend all meetings pertaining to scheduling and progress of the Work.

C. The CONTRACTOR shall submit to the ENGINEER 3 hard copies and the electronic file of the CONTRACTOR'S Construction Schedule (the schedule) at the time of the preconstruction meeting. The schedule shall be either a Critical Path Method (CPM) Network or a detailed Bar Chart with the critical path clearly shown. If the CPM network option is used, then Primavera Project Management or Microsoft Project shall be the scheduling software. If a detail Bar Chart is used, Microsoft Excel shall be the software utilized. The schedule shall include the following:

1. Activity ID,

2. Activity Description,

3. Start date for each activity,

4. Finish date for each activity,

5. Original duration,

6. Predecessor,

7. Successor,

8. Percent Complete,

9. Remaining Days.

A minimum of seven (7) calendar days for review of each schedule. Schedule activities shall be of sufficient detail to assure adequate planning has been done for proper execution of the Work and such that, in the sole judgement of the ENGINEER, it provides an appropriate basis for monitoring progress. The schedule shall begin with the date of issuance of the Notice to Proceed and conclude with the date of Final Completion shown in the Contract. Submittal and approval of the schedule in accordance with the requirements of this Section is a condition precedent to the issuance of any payments under this Contract. Once the schedule is approved it will become the baseline schedule and must be shown and compared on all subsequent schedule submittals.

D. Float, slack time, or contingency within the schedule (i.e., the difference in time between the project's early completion date and the required Contract Completion date), and total float within the schedule, is not for the exclusive use of either the CITY or the CONTRACTOR, but is a jointly owned expiring resource available to and shared by both parties. Pursuant to this float sharing requirement, use of

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float suppression techniques shall be cause for rejection of the schedule and any revisions or updates.

E. Time extensions shall not be granted nor delay damages paid until a delay occurs which is beyond the control and without the fault or negligence of the CONTRACTOR and its Subcontractors or Suppliers, at any tier, and which extends actual performance of the Work beyond the current Contract completion date and the completion date projected by the current, approved, updated schedule. If the delay occurs along a path, which the current approved Construction Schedule update projects late completion prior to addition of any CITY caused delay, then the time extension allowed will be only for the additional delay demonstrated by the approved Time Impact Analysis. Time extensions shall be granted only if they are clearly demonstrated by the CONTRACTOR through the submittal, within seven (7) calendar days after the delay occurs, of a Time Impact Analysis which demonstrates the estimated impact on the end date of the Work; is based upon the updated Construction Schedule current as of the month the delay occurred; and demonstrates that the delay cannot be mitigated, offset, or eliminated through such actions as revising the intended sequence of Work or other means.

If a time extension if granted by the CITY, the updated schedule reflecting the change shall become the baseline and be reflected schedule and must be shown and compared on all subsequent schedule submittals.

Since float time within the Construction Schedule is jointly owned, it is acknowledged that CITY caused delays on the project may be offset by CITY caused time savings (e.g. critical path submittals returned in less time than allowed by the Contract or approval of substitution requests which result in a savings of time to the CONTRACTOR). In such an event, the CONTRACTOR shall not be entitled to receive a time extension or delay damages until all CITY caused time savings are exceeded and the Contract completion date is also exceeded.

F. If the initial schedule submitted shows completion of Work more than thirty (30) calendar days in advance of the Contract completion date, the ENGINEER may, at no cost to the CITY, decrease the Contract duration by issuance of a Change Order which changes appropriate Milestone Date(s) and the Contract completion date to the completion date reflected on the schedule. Any approved schedule, revision, or update having an early completion date shall show the time between the early completion date and the Contract completion date as "project float".

G. Comments made by the ENGINEER on the schedule during review will not relieve the CONTRACTOR from compliance with all requirements of the Contract. The ENGINEER may request that the CONTRACTOR and all major Subcontractors (defined herein as being any Subcontractor, Sub-Subcontractor, or Supplier with five (5) percent or more of the value of the Contract) participate in

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review of any schedule submission. All revisions shall be submitted within seven (7) calendar days after the ENGINEER’S review.

H. Two copies of an updated schedule shall be submitted to the ENGINEER for approval with the submittal of each CONTRACTOR'S monthly payment request or the monthly payment request will be withheld. For those activities started but not yet completed at the time of submittal, the updated schedule shall reflect the percentage complete, as agreed between the CONTRACTOR and the INSPECTOR, and an estimate of the remaining duration. The monthly update of the schedule shall include an updated bar chart with logic arrows or network diagram and include the same additional data as required by Section 1.C. If the CPM network option is used, the schedule shall be calculated using remaining durations and the progress override option. The monthly update shall also include a complete, hard copy list of all the changes made from the previously approved submittal. If the schedule is done using Primavera, use a Claim Digger report for the list of changes.

I. The submittal of an updated schedule which meets the requirements of this Section, accurately reflects the status of the Work (for all previously accepted activities), and incorporates all approved changes into the schedule, shall be a condition precedent to the processing of the monthly payment application. (Actual and/or forecast dates for status of additional submittal cycles shall be added without the prior approval of the Engineer.) Updated schedules shall also be submitted at such other times as the ENGINEER may direct. Upon approval of a Change Order or issuance of a notice to proceed with a change, the approved change shall be reflected in the next schedule update.

J. If completion of any part of the Work, delivery of equipment or materials, or submittal of CONTRACTOR submittals is behind schedule and will impact the end date of the Work, the CONTRACTOR shall submit a written recovery plan acceptable to the ENGINEER for completing the Work by the current Contract completion date, if requested by the ENGINEER.

K. As a condition precedent to the release of any retained funds, the CONTRACTOR shall, after substantial completion of the Work has been achieved, submit a certified, final schedule which accurately reflects the manner in which the project was constructed and includes actual start and completion dates for all activities on the schedule.

END OF SECTION

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CONSTRUCTION PROGRESS PHOTOGRAPHY 01322-1

SECTION 01322 CONSTRUCTION PROGRESS PHOTOGRAPHY

1.1 GENERAL

A. Required: Provide photographs taken at the Jobsite at the specified stages of Contracted Work in accordance with provisions of this Section.

1. The Contractor shall provide the City with photos with addresses identifying each property location, the direction the photograph was taken (facing North, South etc).

2. Take first photographs just before CONTRACTOR starts any work operations at the Jobsite.

3. Take final photographs when all Contracted Work has been completed, regardless of time interval since previous photographs were taken.

1.2 SUBMITTALS

Except as otherwise directed by the ENGINEER, submit all photographs electronically on a CD/DVD organized by phase of construction and location.

1.3 QUALITY ASSURANCE

Photographs and prints to be of professional quality; clear, in focus, with high resolution and sharpness, and with minimum distortion.

END OF SECTION

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CONSTRUCTION STATUS REPORTS 01323-1

SECTION 01323 CONSTRUCTION STATUS REPORTS

1.1 REQUIREMENTS

A. Daily Status Report

The Contractor shall complete a daily report indicating manpower, major equipment, subcontractors, unusual occurrences and etc., involved in the performance of the work. The daily report shall be completed on forms prepared by the Contractor and approved by the City and shall be submitted to the Project Manager at the conclusion of each work week.

The Contractor shall also have workers on the project sign in and out each day on the City of Redlands Daily Sign In Sheet which shall state the name, times in and out and the work performed by each worker on the project each day. The completed Daily Sign In Sheets shall be submitted to the City of Redlands Project Manager at the end of each work week. Failure to submit daily reports and daily sign in sheets to the Project Manager on a weekly basis will result in a possible and temporary suspension of work until reports are submitted.

B. Weekly Status Report

During the construction phase of the Work, the CONTRACTOR shall submit weekly written status reports to the ENGINEER and the INSPECTOR. The report shall contain a record of inspections and tests, not performed by CITY forces, for all Work accomplished subsequent to the previous report and shall include the following information:

1. Type of work under way during the time frame of the report (e.g., earthwork, concrete work, structural steel erection, equipment manufacturing, component installation).

2. Inspections and tests, and location of inspections and tests that were made.

3. Results of inspections.

4. Reports of tests performed, including those specified, with the results of the tests, and acceptance criteria, including failures and remedial action to be taken. Test results, including all computations, shall be attached to the report form. Where test results cannot be completed by the time the report is submitted, a notation shall be made that the test was performed, including the approximate expected date that test results will be reported.

5. Report of any nonconforming items/activities. Nonconformance report forms designed solely for this purpose shall be utilized.

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6. Results of inspections of material and equipment done upon their arrival at the Jobsite and prior to their incorporation into the Work. This includes, but is not limited to, compliance with approved submittals, damage, and proper storage requirements.

7. Offsite quality control activities.

8. Instructions received from the ENGINEER or INSPECTOR.

9. In all cases, the report must be verified and signed by the CONTRACTOR'S representative. The verification is to contain the statement that all supplies and materials incorporated in the Work are in compliance with the terms of the Contract except where noted.

C. 3 Week Look Ahead Schedule

During the construction phase of the Work, the CONTRACTOR shall submit 3 Week Look Ahead reports to the ENGINEER at the weekly progress meetings or as directed by the ENGINEER. The report shall include the following information:

1. Type of work under way during the time frame of the report (e.g., earthwork, concrete work, structural steel erection, equipment manufacturing, component installation).

D. Miscellaneous Submittals

CONTRACTOR shall prepare a Daily Construction Report recording the following information concerning events at the job-site and submit original copies to the ENGINEER at weekly intervals for approval:

1. List of Subcontractors and Sub-Subcontractors at the site , types of works and job location.

2. Count of CONTRACTOR’S personnel at the site , name, type of work, hours completed and job location.

3. Construction equipments at the site.

4. High and low temperatures, general weather conditions.

END OF SECTION

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SUBMITTALS 01330-1

SECTION 01330 SUBMITTALS

1.1 THE REQUIREMENT

A. The CONTRACTOR shall furnish a schedule and list of all required submittals to the ENGINEER, including required submittals by all Subcontractors.

B. Wherever called for in these Specifications or on the plans, or where required by the ENGINEER, the CONTRACTOR shall furnish to the ENGINEER for review, two (2) hard copies and one electronic (PDF) copy of each submittal.

The term "submittal" as used herein shall be understood to include detail design calculations, design drawings, shop drawings, fabrication and installation drawings, erection drawings, lists, graphs, operating instructions, catalog sheets, data sheets, samples, and similar items. Unless otherwise required, said submittals shall be submitted to the ENGINEER at a time sufficiently early to allow review of same by the ENGINEER and to accommodate the rate of Construction Progress required under the Contract without delaying the Contract Work and with due regard for the possibility of resubmittals. All submittals shall be in English.

C. All design or shop drawings or other submittals shall be accompanied by a transmittal form for each submittal. Any submittal not accompanied by such a form may be returned, at the ENGINEER'S discretion, for resubmittal.

D. Normally, a separate transmittal form shall be used for each specific item or class of material or equipment for which a submittal is required. Transmittal of a submittal of various items using a single transmittal form will be permitted only when the items taken together constitute a manufacturer's "package" or are so functionally related that expediency indicates a review of the group or package as a whole. A multiple-page submittal shall be collated into sets, and each set shall be stapled or bound, as appropriate, prior to transmittal to the ENGINEER.

E. Shop Drawings shall show in detail the size, sections, and dimensions of all the member(s); the arrangement and construction of all connections and joints; all holes, straps, and other fittings required for attaching work and other pertinent details. When required, engineering computations shall be submitted. The CONTRACTOR shall be responsible for delivering reviewed copies of shop Drawings to all others whose work is dependent thereon. The CONTRACTOR shall maintain at the site of the Project, at all times, a complete file of approved Shop Drawings and manufacturers' data for this Project.

F. Except as may otherwise be provided herein, the ENGINEER will return prints of each submittal to the CONTRACTOR, with its comments noted thereon, within twenty (20) calendar days following their receipt by the ENGINEER. It is considered reasonable that the CONTRACTOR shall make a complete and acceptable submittal to the ENGINEER by the second submission of a submittal

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item. The CITY reserves the right to withhold moneys due the CONTRACTOR to cover additional costs of the ENGINEER'S review beyond the second submittal. Submittal will be returned to the CONTRACTOR with one of four (4) markings:

1. If a submittal is returned to the Contractor marked "NO EXCEPTIONS," formal revision and resubmission of said submittal will not be required.

2. If a submittal is returned to the Contractor marked "EXCEPTIONS NOTED," formal revision and resubmission of said submittal will not be required, unless specifically requested.

3. If a submittal is returned to the Contractor marked "RETURNED FOR CORRECTION," the Contractor shall revise said submittal and shall resubmit the originally required number of copies of said revised submittal to the Engineer.

4. If a submittal is returned to the Contractor marked "NOT ACCEPTABLE," the Contractor shall revise said submittal and shall resubmit the originally required number of copies of said revised submittal to the Engineer.

G. All Work for which Shop Drawings are required shall be performed in accordance with the reviewed and approved copies. Fabrication of an item shall not commence before the ENGINEER has reviewed the pertinent submittal and returned the copies to the CONTRACTOR marked either "NO EXCEPTIONS TAKEN," or "MAKE CORRECTIONS NOTED“. Revisions indicated on submittals shall be considered as changes necessary to meet the requirements of the Contract Documents and shall not be taken as the basis for claims for extra work.

H. All CONTRACTOR submittals shall be carefully reviewed by an authorized representative of the CONTRACTOR prior to submission to the ENGINEER.

Each submittal shall be dated, signed, and certified by the CONTRACTOR as being correct and in strict conformance with the Contract Documents. No consideration for review by the ENGINEER of any CONTRACTOR’S submittal will be made for any items which have not been so certified by the CONTRACTOR. All noncertified submittals will be returned to the CONTRACTOR without action taken by the ENGINEER, and any delays caused thereby shall be the total responsibility of the CONTRACTOR.

I. Should the Shop Drawings or manufacturers data (for submittals required by the Standard Specifications or the specifications) show variations from the Contract requirements, the CONTRACTOR shall make specific mention of such variations in the letter of transmittal, in order that, if acceptable, suitable action may be taken for proper adjustment of the Contract; otherwise the

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CONTRACTOR will not be relieved of the responsibility for executing the work in accordance with the Contract Documents, and the approved submittals.

J. The ENGINEER’S review of CONTRACTOR’S submittal shall not relieve the CONTRACTOR of the entire responsibility for the correctness of details and dimensions and conformance to the Specifications. The CONTRACTOR shall assume all responsibility and risk for any misfits due to any errors in the submittal. Any fabrication or other work performed in advance of the receipt of accepted submittals shall be entirely at the CONTRACTOR’S risk and expense.

The CONTRACTOR shall be responsible for the dimensions and the design of adequate connections and details.

K. CONTRACTOR’S Coordination:

1. ENGINEER will return and will not review unrelated submittals.

2. The CONTRACTOR may be required to provide drawings, setting diagrams and similar information necessary for proper coordination of Contracted Work. Such data shall remain between the CONTRACTOR and CONTRACTOR’S Subcontractor and will not be reviewed by the ENGINEER unless specifically called for in the Contract Documents.

3. ENGINEER will not review any required Structural Shop Drawings, Structural Calculations, etc., not prepared or signed by a State of California licensed ENGINEER.

4. ENGINEER will return and will not review any submittal requiring coordination with other submittals until such other submittals or required information is received by the Consultant or ENGINEER.

L. CONTRACTOR’S Submittals: CONTRACTOR’S submittals required for performance of Contracted Work, shall include, but are not limited to, the following:

1. Schedule of Values for all Lump Sum items within the Proposal.

2. Construction Schedule and Notification to ENGINEER of completion of each milestone or percentage increment of the Work as required.

3. Submittal Schedule

4. Daily Construction Reports

5. Shop Drawings and Structural Calculations.

6. Manufacturer’s Data and Specifications.

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7. Samples

8. Templates

9. Certificate of Compliance

10. Construction Photographs

11. Substitutions

12. Record Drawings and Record Project Manual

13. Operation & Maintenance Manuals

14. Stock Materials, Spare parts, tools

15. Material Testing Results

16. Maintenance Logs and Maintenance Schedule.

M. CONTRACTOR shall conform to the provisions of the Contract Document and as may be specifically directed by the ENGINEER.

1. Preparation and processing of submittals shall be coordinated with Contracted Work operations, which include fabrication, purchasing and delivery of work items so as not to delay Contracted Work operations.

2. In each copy of the Submittal, mark every applicable material, product, equipment, manufacturer’s data, product information, color samples, rating or values, part and model numbers, etc. by red color circle. Each of the submittal items must be clearly distinguishable from other unrelated or similar items listed in the Manufacturer’s Catalog or Technical Specifications, Manuals, etc.

N. Coordination and Submittals:

1. Carefully review and coordinate all aspects of each item being submitted.

2. Carefully review contract drawings and technical sections, verify all work as laid out or indicated meeting the applicable codes and standards.

3. Ensure ample time for reviewing and processing of the submittals by the CITY or other authorized agencies, delays resulting from improper and untimely submittals shall be the responsibility of the CONTRACTOR.

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4. Verify that all such submittal items conform to the Project Manual requirements noted in the Technical Sections.

5. Verify all site conditions and provide all required dimensions and measurements in Shop Drawings.

6. Where necessary, review the CITY’S comments, make changes and resubmit to local governing agencies for approval. Furnish the ENGINEER copies of the approved plans or drawings for review.

O. CONTRACTOR shall affix to each submittal, the CONTRACTOR’S signature certifying that required coordination has been performed and include on an attached label for processing and recording action taken, noting the following:

1. Name of the Project

2. Date of the Submittal

3. Name and address of Consultant

4. Name and address of the CONTRACTOR

5. Name and address of the Subcontractor(s)

6. Name and address of the Supplier

7. Name and address of the Manufacturer

8. Reference to Specification Section Number and Title

9. Reference to Drawing Sheet Number and detail(s)

10. Submittal Number

11. Priority Number and expected return date.

END OF SECTION

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SUBMITTALS 01330-6

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WATER POLLUTION CONTROL PROGRAM 01572-1

SECTION 01572 EROSION CONTROL PLAN

Contractor shall comply with all laws, codes, ordinances and requirements of governing agencies regarding the discharge of pollutants, air and water pollution control and any other requirements for this project. Within 5 days of the Notice to Proceed, Contractor shall submit two (2) hardcopies of the draft Erosion Control Plan to the City for review. Any corrections or changes shall be made to the Erosion Control Plan, approved by the Engineer and implemented prior to any construction work on this project. The plan shall be updated as necessary or required for compliance purposes.

Payment for work on this item shall be made as a percentage of work completed at each monthly payment. All work under this item shall be as shown on the approved drawing accepted by the City prior to any work on the project. The Contractor shall have all work installed and inspected by the City prior to any work on the project.

Full compensation for this item shall be in accordance with all state and federal NPDES rules, regulations, requirements and laws and shall constitute all work for providing, installing, maintaining and removing all work as required for all excavations, earthwork, grading, grinding, paving, concrete, runoff containment, and any other work performed within the project boundaries.

END OF SECTION

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CONSTRUCTION INFORMATION SIGNS 01581-1

SECTION 01581 CONSTRUCTION INFORMATION SIGNS

1.1 THE REQUIREMENT

The City shall provide the Contractor with all required construction information signs for the project. The signs shall be installed at the locations noted in the plans, if included, or as otherwise directed by the Engineer. If the project consists of numerous sites, the construction information signs shall be relocated to each site as work progresses. The construction signs shall be installed the same day work commences on any construction site. If the sign is not installed prior to construction work beginning at a subsequent site, the City will install the information signs at the Contractor’s expense.

The installation of each sign shall be the responsibility of the contractor to include mounting posts, hardware and any related incidentals to ensure the sign is placed in a safe and secure manner. For any sign required for multiple site projects, where the sign is frequently relocated and not anticipated to be installed in the ground on posts, the Contractor shall provide a Type III barricade for mounting. The contractor shall obtain approval from the Engineer following installation of the construction information sign. If the signs are installed in the ground with posts, proper vertical clearance shall be provided. The minimum vertical clearance shall be six feet within a parkway area and seven feet within the sidewalk.

The construction information sign shall remain visible at all times. The contractor shall replace stolen signs at their expense and maintain the signs, ensuring all graffiti, soil, paint, etc. is removed from the sign immediately. Upon completion of the project, each sign shall be removed and returned to the City. If the sign is not returned to the City at the completion of the project in the original condition, the cost of the sign shall be withheld from the final progress payment.

The Contractor shall notify Underground Service Alert (Dig alert) at least 2 working days, but not more than 14 calendar days, prior to performing any excavation.

Full compensation for furnishing all labor, equipment, materials, and tools required to perform the tasks noted above, and as ordered by the Engineer, shall be considered as being included in the various Contract items of work and no separate or additional compensation will be allowed therefore.

END OF SECTION

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MOBILIZATION 01721-1

SECTION 01721 MOBILIZATION

1.1 THE REQUIREMENT

A. General

Whether Mobilization is included as a Contract Bid Item in the Bid Proposal Form or specified as part of the lump sum in the Contract Documents, the cost of labor, equipment, materials and incidentals for doing all the work in mobilization (in advance of construction operations and not directly attributable to any specific bid item) shall be included in the Contract Price Breakdown and progress payment estimate. If there is no mobilization bid item the CONTRACTOR shall submit to the INSPECTOR for approval the Contract Price Breakdown with the amount established for mobilization.

Mobilization shall include, but not be limited to, the following items, all as required for the proper performance and completion of the Work:

1. Obtaining all permits, licenses, insurance, and bonds. Providing copies to the ENGINEER.

2. Moving onto the Jobsite all of CONTRACTOR’S plant and equipment as required.

3. Erecting temporary buildings and other construction facilities.

4. Installing temporary construction power and wiring.

5. Establishing fire protection system for its temporary facilities.

6. Developing construction water supply.

7. Providing field office trailers for the CONTRACTOR, complete with all specified equipment, furnishings, utility services and required approvals from the CITY.

8. Providing sanitary facilities or connecting to onsite sanitary facilities as specified.

9. Providing for potable water facilities as specified. This includes a means by which all on site CONTRACTOR, Subcontractor or supplier personnel can wash their hands with soap.

10. Arranging for, and erection of, CONTRACTOR’S work and storage yards and sheds.

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11. Submitting all required Subcontractor insurance certificates and bonds.

12. Posting all CAL/OSHA required notices and establishment of safety programs.

13. Furnishing of Construction Schedule, Contract Price Breakdown and Submittal Schedules.

14. Erecting all temporary fencing, including removal and disposal of existing temporary fencing.

END OF SECTION

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SURVEYING 01722-1

SECTION 01722 SURVEYING
PART 1 - GENERAL
A. General

1. The CONTRACTOR shall be responsible for all surveys required to layout the Work and for the accuracy of all survey work for construction.

The CONTRACTOR shall include the cost of all such survey work in their Bid. The CONTRACTOR shall have all construction surveying performed by a `Licensed Land Surveyor' or a `Civil Engineer’ registered by the State of California to perform such work. The ENGINEER reserves the right to verify all survey work done by the CONTRACTOR.

2. The CONTRACTOR shall preserve the initial survey control points for the duration of their usefulness. Monumentation that is subject to disturbance or destruction shall be located and referenced prior to construction and relocated and referenced if necessary after construction, in accordance with the following requirements.

B. Construction Surveys

1. The CONTRACTOR shall provide all reference stakes and form checks necessary for construction and inspection of improvements. All construction staking shall be documented in cut sheets and provided to the ENGINEER. This staking may include but is not limited to: removals, joins, rough grade, slope, utilities, storm drains, sewers, curbs, walks, paving, wall and building stakes; and any other staking necessary for construction and inspection.

C. Reference Or Grade Stakes

1. A reference or grade stake shall be set for each grade change or angle point shown on the plan, standard plan, and shop drawing, in addition to the normal staking interval.

D. Form Checks

1. Forms shall be checked when durable points may be disturbed, removed, or are impractical to be used to verify the design location. The measured location shall be recorded in the survey field notes. All variations from the plan location shall be brought to the attention of the ENGINEER.

E. Staking Intervals And Offset Stake Lines

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1. All staking intervals shall be in accordance as directed by the Engineer.

Stake lines shall be set at an offset distance from the improvement to ensure proper grade, station, and alignment.

F. Utility Stakes

1. The CONTRACTOR shall provide stakes for all utilities, public or private, that require location or relocation, unless otherwise stated.

G. Additional Survey Work

1. The CONTRACTOR may be required to furnish additional survey work, such as profiles, restakes, Change Orders, etc., at the request of the ENGINEER or the INSPECTOR.

H. Accuracy

1. The CONTRACTOR shall use appropriate surveying methods to obtain the following standards: For fixed works (i.e. cast-in-place concrete; asphalt pavement, pipes and drains; and other items determined by the ENGINEER) the following survey standards shall be used. The absolute horizontal accuracy, in relationship to the Engineer’s control, shall be such that the semimajor axis of its 95% error ellipse is ±0.015 foot or less. The absolute vertical accuracy, in relationship to the Engineer’s control, shall be such that its standard deviation is ±0.015 foot or less. The relative horizontal accuracy of survey points within the Project shall be such that the semimajor axis of its 95% error ellipse is ±0.015 foot or less. The relative vertical accuracy of survey points within the Project shall be such that its standard deviation is ±0.015 foot or less.

2. For excavation purposes, the following survey standards shall be used.

The absolute horizontal accuracy, in relationship to the Engineer’s control, shall be such that the semimajor axis of its 95% error ellipse is ±0.1 foot or less. The absolute vertical accuracy, in relationship to the Engineer’s control, shall be such that its standard deviation is ±0.1 foot or less. The relative horizontal accuracy of survey points within the Project shall be such that semimajor axis of the 95% error ellipse is ±0.1 foot or less. The relative vertical accuracy of survey points within the Project shall be such that its standard deviation is ±0.1 foot or less.

I. Survey/Inspector

1. The CONTRACTOR shall provide to the INSPECTOR those
measurements and control points necessary to determine the location and conformance to the plan, line, and grade of the improvements necessary for inspection purposes.

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J. Survey Notes

1. The CONTRACTOR shall supply and keep notes on CITY standard format note sheets. The ENGINEER may request copies of, and otherwise review, survey notes at any time during the construction phase of the Project. Upon completion of the Project, the original survey notes shall become the property of the CITY and shall be delivered to the

ENGINEER
PART 2 – MONUMENT PRESERVATION GUIDELINES
A. New & Reconstruction Projects

1. Prior to Construction

a. The public survey records are to be researched for the location of all possible survey monuments within the scope of the project and copies shall be furnished to the survey crew.
b. The survey crew shall diligently search for all survey monuments of record above or below the surface, within the road right-of-way. It is suggested that this search would include the use of a metal detector. When the detector indicates the possibility of a buried survey monument, then digging below the surface to uncover the monument is required.
c. The survey crew shall properly reference all found survey monuments, which may be disturbed or covered during construction, to stable surface points. d. The authorized surveyor shall properly complete a Corner Record or Record of Survey for the monuments noted in item c, above. Prior to the start of any construction work, the original or a print of the Corner Record or Record of Survey shall be submitted to the County Surveyor for review, signature and filing. A copy shall also be provided to the City prior to the start of construction to provide documentation that the requirement is met.

2. After Construction and Prior to Notice of Completion

a. All covered and disturbed monuments shall be reset with the same or more durable type of monument as the original, in the surface of the construction.

Key monuments shall be a minimum 1” inside diameter iron pipe of appropriate length.
b. A monument box or other protective structure is recommended to be placed around key monuments (section corners, quarter section corners). c. The authorized surveyor shall properly completes a Corner Record or Record of Survey for all set monuments with a change in character, including tag number, and submit it to the County Surveyor for review, signature and filing.

A copy shall also be provided to the City prior to the Notice of Completion to provide documentation that the requirement is met.

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B. Overlay Projects

1. Prior To Construction

a. The public survey records are to be researched for the location of all possible survey monuments within the scope of the project and copies shall be furnished to the survey crew.
b. The survey crew shall diligently search for all survey monuments of record and on the surface of the road. It is suggested the search would include the use of a metal detector. When the detector indicates the possibility of a buried survey monument, then digging below the surface to uncover the monument within 2” of the road surface is recommended.
c. The survey crew shall properly reference found survey monuments, which may be disturbed or covered during construction, to stable surface points. d. The authorized surveyor shall properly complete a Corner Record or Record of Survey for the monuments noted in item 3, above. Prior to the start of any construction work, the original or a print of the Corner Record or Record of Survey shall be submitted to the County Surveyor for review, signature and filing. A copy shall also be provided to the City prior to the start of construction to provide documentation that the requirement is met.

2. After Construction and Prior to Notice of Completion

a. All covered or disturbed monuments and surface monuments are reset in the new road surface, or a new monument is set in the new road surface above the buried one.
b. All existing monument boxes will be adjusted to grade or replaced, as appropriate.
c. A monument box or other protective structure should be placed around key monuments (section corners, quarter section corners).
d. The authorized surveyor shall properly complete a Corner Record or Record of Survey for all set monuments and existing monuments with a change in character, including tag number and submits it to the County Surveyor for review, signature and filing. A copy shall also be provided to the City prior to the Notice of Completion to provide documentation that the requirement is met.

C. Slurry Seal Projects

1. Prior To Construction

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a. The public survey records are to be researched for the location of all possible survey monuments within the scope of the project and copies furnished to for the survey crew.
b. All monument boxes shall be located and steps taken to ensure that the survey monuments inside are readily accessible upon completion of the project. c. The survey crew shall diligently searches for survey monuments on the surface of the roadway, and identify said monuments recovered in the field to ensure that they will be protected. The survey crew shall inventory the monuments recovered in the field in a manner that allows for their recovery and inspection after construction.

2. After Construction and Prior to Notice of Completion

a. All monument boxes shall be inspected, and appropriate action taken when needed, to ensure that the survey monuments inside are readily accessible. b. The survey crew shall review the inventory of found monuments by field inspection to ensure that all survey monuments are clean and exposed. Those monuments covered after construction is completed shall be uncovered.

D. Monument Tie Preservation

1. Prior To Construction

a. All existing survey monument ties within the scope of the project shall be researched and identified prior to construction. Surveyor may obtain existing tie sheets from the City as available.
b. If it is determined that all ties for a survey monument may be disturbed during construction, the Surveyor shall relocate the monument ties prior to construction, within improvements that will not be disturbed, and file the revised tie sheet with the City. A minimum of three tie points should reference each centerline monument, whenever possible

2. After Construction and Prior to Notice of Completion

a. If it is determined that the result of construction will not disturb all survey monument ties for a specific monument, the Surveyor shall replace all monument ties disturbed during construction per the following guidelines:

i. Monument ties shall be placed during the finishing process of the concrete improvements.
ii. Monument ties shall be set below the elevation of the adjacent top of curb to provide protection from any future cleaning, maintenance or work around the tie.
iii. A minimum of three tie points should reference each centerline monument, whenever possible.

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b. Once the construction is complete, the Surveyor shall prepare a revised tie sheet, and file with the City for all monument ties disturbed during the construction.

END OF SECTION

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POTHOLING 01732-1

SECTION 01732 POTHOLING

1.1 THE REQUIREMENT

A. The CONTRACTOR shall conduct exploratory excavations by potholing to verify or to discover the actual locations and the size of existing underground utilities and improvements. The CONTRACTOR shall take care not to damage existing facilities during potholing operations. Any utility or existing facility (including those located by Underground Service Alert - USA) within 3 feet of any trench or excavation shall be potholed prior to starting the contract work in the vicinity.

Potholing shall be done in each given area where excavation work is to occur at least fourteen (14) calendar days in advance of any excavation or construction in that area, to avoid possible delay in the progress of the Work.

B. Potholing shall consist of excavations at the locations of utilities or other underground facilities indicated on the Drawings, located by USA, or as directed by the ENGINEER. All costs of potholing operations for the utilities indicated on the Drawings shall be included in the CONTRACTOR’S Bid.

C. If an allowance for “Additional Potholing” has been established and included in the SCHEDULE OF WORK AND PRICES, this allowance shall only be used to reimburse the CONTRACTOR for potholing utilities not shown or otherwise referenced on the drawings, or as directed by the ENGINEER. If the total cost of the Work directed under the Additional Potholing allowance differ from the amount set forth in the SCHEDULE OF WORK AND PRICES, the Contract Price shall be adjusted by a Change Order. The adjustment shall be the difference between the total actual costs and the amount included in the Bid, as an additional amount due to the CONTRACTOR or a credit to the CITY, as appropriate.

D. In addition to the potholes indicated on the Drawings, or directed by the ENGINEER, the CONTRACTOR may opt to do further potholing deemed necessary at no additional cost to the CITY.

E. Potholing operations shall conform to all applicable requirements as to sidewall slopes, sheeting and shoring, and all other excavation and trenching provisions specified herein.

F. Potholes shall be identified and protected in accordance with the Engineer’s instructions, the California Manual on Uniform Traffic Control Devices (MUTCD) and Work Area Traffic Control Handbook (WATCH) Standards.

G. The CONTRACTOR’S proposed method of potholing and schedule for potholing shall be submitted to the ENGINEER for approval, at least thirty (30) days prior to the commencement of operation. Any utilities damaged during potholing shall

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POTHOLING 01732-2

be immediately reported to the ENGINEER and INSPECTOR and repairs made immediately in accordance with the specifications.

H. A complete log of all potholes shall be kept by the CONTRACTOR, showing specific locations and dimensions of trenches. The log shall be verified by the INSPECTOR prior to the backfilling of the potholes. The verified log will be submitted to the ENGINEER and the INSPECTOR within two (2) working days after completion of potholing in each area. Payment for potholing utilities not shown or otherwise referenced on the drawings, or as directed by the ENGINEER will not be made unless these potholes are listed on the verified log.

I. The CONTRACTOR shall record the coordinates, elevations and dimensions of all utilities and improvements verified or discovered by potholing. The records shall be submitted to the ENGINEER within two (2) working days after the completion of potholing in each area. The records shall also include dates of the potholing operations and any additional discovered information or pertinent data.

J. Upon completion of potholing in each area, and after verification of the logs by the INSPECTOR, potholes shall be immediately backfilled and compacted in accordance with the specifications, or restored as directed by the ENGINEER.

END OF SECTION

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DEMOBILIZATION 01740-1

SECTION 01740 DEMOBILIZATION

1.1 THE REQUIREMENT

A. General

Whether Demobilization is included as a Contract Bid Item in the Bid Proposal Form or specified as part of the lump sum in the Contract Documents, the cost of labor, equipment, materials and incidentals for doing all the work in demobilization (upon completion of all contract work and not directly attributable to any specific bid item) shall be included in the Contract Price Breakdown and progress payment estimate. If there is no demobilization bid item the CONTRACTOR shall submit to the INSPECTOR for approval the Contract Price Breakdown with the amount established for demobilization.

Demobilization shall include, but not be limited to, the following items, all as required for the proper performance and completion of the Work:

1. Moving off of the Jobsite all of CONTRACTOR’S plant and equipment as required.

2. Dismantling and removing all temporary buildings and other construction facilities.

3. Dismantling and removing all temporary construction power and wiring.

4. Removing all sanitary facilities from the work site.

5. Remove all waste, debris, and rubbish caused by construction operations within the work area, adjacent properties and public roads.

6. Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspection, the site shall be cleared of equipment, unused materials and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the CONTRACTOR’S Bid.

7. Dismantling and removal of all temporary fencing.

8. Provide City with all required As-Built drawings.

9. All required Corner Records have been filed with the County and all copies provided to the City per Section 01722 Surveying.

10. All items noted within the final inspection (“Punchlist”) have been completed to the satisfaction of the City.

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DEMOBILIZATION 01740-2

11. All project photographs as required within Section 01322 Construction Progress Photography have been provided.

12. Notice of Completion (NOC) will not be filed until all work is complete per this Section 01740.

END OF SECTION

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TECHNICAL SPECIFICATIONS

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PROTECTING EXISTING UNDERGROUND UTILITIES 02222-1

SECTION 02222 PROTECTING EXISTING UNDERGROUND UTILITIES PART 1 - GENERAL
A. Description
This section includes materials and procedures for protecting existing underground utilities.

B. Related Work Specified Elsewhere

1. General Conditions
PART 2 - MATERIALS
A. Replacement in Kind
Except as indicated below or as specifically authorized by the Owner's Representative, reconstruct utilities with new material of the same size, type, and quality as that removed.

B. Vitrified Clay Sewer Pipe and Couplings
For sewer pipe 8 inches in diameter or under, replacement shall consist of plain-end pipe conforming to ASTM C 700. Compression couplings shall conform to ASTM C 594, band seal couplings or equal. Use at least two lengths of pipe in crossing the trench section as shown on the details in the
drawings.

PART 3 - EXECUTION
A. General

1. Replace in kind street improvements, such as curbs and gutters, barricades, traffic islands, signalization, fences, signs, etc., that are cut, removed, damaged, or otherwise disturbed by the construction.

2. Where utilities are parallel to or cross the construction but do not conflict with the permanent work to be constructed, follow the procedures given below and as indicated in the drawings. Notify the utility owner 48 hours in advance of the crossing construction and coordinate the construction schedule with the utility owner's requirements. For utility crossings not shown in the drawings, refer to the General Conditions and the instructions of the Owner's Representative for guidance.

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3. Determine the true location and depth of utilities and service connections which may be affected by or affect the work. Determine the type, material, and condition of these utilities. In order to provide sufficient lead time to resolve unforeseen conflicts, order materials and take appropriate measures to ensure that there is no delay in work.

4. Expose utilities 1,300 feet in advance of the pipeline construction.

B. Procedures

1. Protect in Place: Protect utilities in place, unless abandoned, and maintain the utility in service, unless otherwise specified in the drawings or in the specifications.

2. Cut and Plug Ends: Cut abandoned utility lines and plug the ends. Plug storm drains and sewers with an 8-inch wall of brick and mortar. Cap waterlines with a cast-iron cap or install a 3-foot-long concrete plug. Dispose of the cut pipe as unsuitable material.

3. Remove and Reconstruct: Where so indicated in the drawings or as required by the Owner's Representative, remove the utility and, after passage, reconstruct it with new materials. Provide temporary service for the disconnected utility.

C. Compaction

1. Utilities Protected in Place: Backfill and compact under and around the utility so that no voids are left.

2. Utilities Reconstructed: Prior to replacement of the utility, backfill the trench and compact to an elevation 1 foot above the top of the ends of the utility. Excavate a cross trench of the proper width for the utility and lay, backfill, and compact.

3. Alternative Construction --Sand Slurry: Sand slurry consisting of one sack (94 pounds) of portland cement per cubic yard of sand and sufficient moisture for workability may be substituted for other backfill materials to aid in reducing compaction difficulties. Submit specific methods and procedures for the review of the Owner's Representative prior to construction.

4. The protection of the utility during construction.

D. Thrust Blocks on Waterlines
Note that restrained joints is the required method of controlling thrust restraint on this project except where shown on the plans or as approved otherwise by the City of Redlands.

1. The Contractor's attention is called to thrust blocks delineated in the drawings for waterlines throughout the project whose thrust is in the direction of the new excavation and, therefore, may be affected by the construction. These waterlines are

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owned and operated by the Owner. Protect thrust blocks in place or shore to resist the thrust by a means approved by the Owner and reconstruct. If the thrust blocks are exposed or rendered to be ineffective in the opinion of the Owner's Representative, reconstruct them to bear against firm unexcavated or backfill material.

2. Provide firm support by backfilling that portion of the trench for a distance of 2 feet on each side of the thrust block to be reconstructed from the pipe bedding to the pavement subgrade, with either:
a. Sand-cement slurry (94 pounds of cement per cubic yard). b.

The native material compacted to a relative compaction of 95%.

3. Then excavate the backfill material for construction of the thrust block.

4. Test compaction of the backfill material before pouring any concrete thrust block.

Use Class 560-C-3250 concrete for reconstruction.

E. Adjacent Parallel Utilities

1. The Contractor's attention is called to utilities throughout the project that are parallel to the proposed utility.

2. The position of these utilities is just outside the new construction. Protect these utilities from any disturbances and repair the lines and associated vaults and appurtenances if they are damaged in any way. All costs incurred for protection of these lines or any costs incurred due to the presence of the lines, whether or not they lie within the new construction, shall be borne in full by the Contractor.

Redlands City CouncilMay 17, 2022

Redlands City Council
May 17, 2022