Redlands City Council
May 16, 2023

CITY OF REDLANDS

CITY COUNCIL

FINANCING AUTHORITY

A G E N D A S
MAY 16, 2023

EDDIE TEJEDA
Mayor
PAUL T. BARICH
Mayor Pro Tempore

DENISE DAVIS
Council Member

JENNA GUZMAN-LOWERY
Council Member

MARIO SAUCEDO
Council Member
***

JEANNE DONALDSON
City Clerk
CHARLES M. DUGGAN JR.

City Manager
YVETTE M. ABICH GARCIA
City Attorney
5:00 p.m. Open Public Meeting, Public Comment (Closed Session) 6:00 p.m. Open Session (Public Meeting)
* * *
City Council Chambers
Civic Center, 35 Cajon Street, Redlands, California
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A G E N D A
The following information comprises the agenda for the regular meetings of the City Council of the City of Redlands and the Redlands Financing Authority of the City of Redlands at the times noted below in the City Council Chambers, Civic Center, 35 Cajon Street, Redlands, California, on:

TUESDAY, MAY 16, 2023
To join via Zoom on a computer, laptop, or smart device Please visit www.zoom.us
, click on Join a Meeting
Enter the Meeting ID 824 4618 0187, then run the Zoom launcher To join via Zoom with audio only (cell phone or landline):

Dial 1-877-853-5247
Enter the Meeting ID 824 4618 0187
Should the City lose connectivity on Zoom, we will halt the meeting until it can be restored. To check on the status of remote connectivity in the event of an outage, go to the City’s website at www.cityofredlands.org
or to the City’s Facebook page at @CityofRedlands or the Instagram page at @CityofRedlands_CityHall.

In the event the City cannot reestablish Zoom connectivity in a reasonable amount of time, the mayor will adjourn the meeting to a future date.

PLEASE NOTE: Anyone desiring to speak on an agendized item at this meeting may do so during the consideration of that item. Due to time constraints and the number of persons who may wish to give oral testimony, public comments will be limited to three (3) minutes.

To provide comment while participating from Council Chambers:

Although it is not required, speakers are encouraged to submit a "Speaker Sign Up Sheet" before the meeting is convened. Forms are available in the Office of the City Clerk or in Council Chambers.

After the meeting has convened, you may place the speaker form in the basket at the table along the north wall of the Chambers. Please do not disturb the City Clerk while the meeting is in progress.

To provide comment through Zoom (on a computer, laptop, or smart device):

Click the "Raise Hand" button and the moderator will unmute you when it is your turn to speak
To provide comment via audio only (cell phone or landline):

Dial *9 to "Raise Hand". The moderator will identify you by your area code and last 3 numbers of your telephone number when it is your turn to speak.

PLEASE SILENCE CELL PHONES, PAGERS AND OTHER ELECTRONIC

COMMUNICATION DEVICES UPON ENTERING THE CHAMBERS
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5:00 P.M.

A. Call City Council Meeting to Order
B. Public Comment
(Any person wishing to provide public comment on a closed session matter may do so at this time.)
C. Recess City Council Meeting to a Closed Session

1. Conference with legal counsel: Existing Litigation - Government Code §54956.9(d)(1) (City Attorney Abich Garcia)
Coyote Aviation, Inc. v. City of Redlands; San Bernardino Superior Court Case No. CIVDS 2203398

1. City of Redlands v. Coyote Aviation, Inc., San Bernardino Superior Court, Case No. LLTVA2200544

2. Falconieri, et al. v. City of Redlands, San Bernardino Superior Court Case No.

CIVSB2114106

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6:00 P.M.

D. Reconvene City Council Meeting
E. Invocation by Council Member Saucedo
Pledge of Allegiance by Victoria Elementary School student members of Tiger News
(In keeping with long-standing traditions of legislative invocations, this City Council meeting may include a brief invocation. Such invocations are not intended to proselytize or advance any one, or to disparage any other, faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation.) F. Closed Session Report
(No reportable action taken in closed session unless otherwise announced by the City Attorney at this time.)
G. Public Comment - City Council
(At this time, the City Council will provide an opportunity for the public to address them on any subject, within the jurisdiction of the City Council, which is not already scheduled on this agenda. However, any matter that requires action will be referred to staff for a report and possible action at a subsequent meeting. Comments will be limited to three {3} minutes.)
H. Consent Calendar
(The following routine items have been recommended for approval and will be acted upon simultaneously unless separate discussion and/or action is requested by a Councilmember or a member of the audience.)

1. Approve minutes of the regular meeting of May 2, 2023 (City Clerk Donaldson)

2. Approve recommendation for an appointment to the Airport Advisory Board (Mayor Tejeda and Councilmember Davis)

3. Adopt Resolution No. 8468 Annexation No. 25 declaring intent to annex territory into Community Facilities District 2004-1 and determine that the proposed project is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act (Development Services Director Desatnik)

4. Adopt Resolution No. 8473 for a new connection to the City of Redlands water distribution system at 2340 Mentone Avenue (APN: 0298-295-12-0000) in the unincorporated community of Mentone, adopt Resolution No. 8474 relating to Pre-Annexation Agreement No. 23-09 and determine that adoption of the resolutions is exempt from environmental review pursuant to Sections 15303 and 15319 of the California Environment Quality Act (CEQA) guidelines (Development Services Director Desatnik)

5. Adopt Resolution No. 8469 establishing a four-way stop controlled intersection to replace Recycled Paper
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5. Adopt Resolution No. 8469 establishing a four-way stop controlled intersection to replace the current two-way stop control at the Elizabeth Street and Fountain Avenue intersection, and determine that adoption of the resolution 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)

6. Approve the Second Amendment to the Public Works Contract with Elecnor Belco Electric, Inc. for the University Street and Brockton Avenue Traffic Signal Improvement Project to extend the time for completion by one hundred twenty (120) calendar days (Municipal Utilities and Engineering Director Harris)

7. Reject all bids received for the Crosswalk Installation Project, Project No. 400024; bids received exceed the available budget and engineer's construction cost estimate for the Project (Municipal Utilities and Engineering Director Harris)

8. Approve the request for in-kind support for $3,930 related to the The Artlands Walk event hosted by The Artlands Creative to be held on June 3, 2023; approve a request to temporarily close East Vine from Cajon St to 6th Street; authorize the request for the sale and consumption of alcoholic beverages at the event; and determine that the approval of the request is exempt from environmental review pursuant to Section 15311(c) of the state’s guidelines implementing the California Environmental Quality Act (Assistant City Manager Boatman)

9. Approve the agreement with Assertive Security Services & Consulting Group, Inc., for security services at City-owned properties at 2151 Nevada St. and 1950 Nevada St. in an amount not-to-exceed $105,343.68 (Assistant City Manager Boatman) I. Communications

1. Presentation of Sister Cities Hino, Japan visit delivered by Roy Cencirulo (Mayor Tejeda)

2. Conference Report- 2023 Regional Conference of the Southern California Association of Governments (SCAG) and General Assembly (Council Member Saucedo)

3. Presentation of the 2023 General Fund Revenue Review (Management Services/Finance Director Garcia)

4. Discussion and possible action to appoint a new City Treasurer to fill the vacancy or call a special election to fill the vacancy (Management Services Director Garcia) Recycled Paper
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J. Public Hearings

1. Consideration of Ordinance No. 2957 – AN URGENCY ORDINANCE OF THE CITY

COUNCIL OF THE OF REDLANDS, CALIFORNIA, IN ACCORDANCE WITH GOVERNMENT CODE SECTION 65858 EXTENDING A MORATORIUM ON CERTAIN

NEW DEVELOPMENT PROJECTS FOR PROPERTIES LOCATED WITHIN THE

COMMERCIAL INDUSTRIAL (EV/IC) DISTRICT OF THE EAST VALLEY CORRIDOR

SPECIFIC PLAN THAT ARE IDENTIFIED ON THE LIST OF POTENTIAL HOUSING SITES PREPARED IN CONJUNCTION WITH THE CITY’S 2021-2029 HOUSING ELEMENT (6th CYCLE HOUSING ELEMENT UPDATE)
(Mayor to declare meeting open as a public hearing)
Consideration of a determination of exemption pursuant to Sections 15061(b)(3), 15308, and 15378(b)(5) of the California Environmental Quality Act Guidelines; and consideration of Ordinance No. 2957 extending a temporary moratorium on certain development projects for properties located within the Commercial Industrial (EV/IC) district of the East Valley Corridor Specific Plan that are identified on the list of housing sites in the City’s 2021-2029 Housing Element. (Development Services Director Desatnik)
A.

K. New Business

1. Consideration of a Professional Services Agreement with Richard Brady & Associates, Inc. to engineer and design standby generators to be constructed at four (4) water facilities for an amount not-to-exceed $507,549, and determination 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 (Municipal Utilities and Engineering Director Harris)

2. Consideration of a construction contract with Onyx Paving Company, Inc. for the 2022 Alley Paving Improvement Project for an amount not-to-exceed $2,082,000; 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)
L. Individual Council Member Announcements and/or Reports on Activities (No collective discussion or action.)
M. Adjournment
The next regular meeting of the City Council will be held on June 6, 2023 N. Redlands Financing Authority

1. Call regular meeting of the Board of Directors of the Redlands Financing Authority to order

2. Public Comment - Redlands Financing Authority
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2. Public Comment - Redlands Financing Authority
(At this time, the Redlands Financing Authority will provide an opportunity for the public to address them on any subject, within its jurisdiction, which is not already scheduled on this agenda. However, any matter that requires action will be referred to staff for a report and possible action at a subsequent meeting. Comments will be limited to three {3} minutes.)

3. Approve the regular meeting minutes of January 17, 2023 (Secretary Donaldson)

4. Adjourn Redlands Financing Authority meeting
The next Redlands Financing Authority meeting will be held on September 19, 2023 If you challenge any proposed development entitlement listed on this agenda in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to this public hearing.

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact Goutam Dobey, of the Municipal Utilities and Engineering Department at (909) 798-7584 ext 2. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35.102-35.104 ADA Title II)
Any writings or documents distributed to a majority of the City Council regarding an open session agenda item less than 72 hours before this meeting are available for public inspection at the City Clerk's Office or at the dais of the City Clerk once the open session meeting begins.

Staff reports or other written documentation relating to items referred to on the agenda are available at the A. K. Smiley Public Library, 125 West Vine Street, Redlands, California, and on the City’s website referenced below.

Regular meetings are televised live on Redlands TV Channel 3 (Spectrum) and Channel 35 (Frontier) and re-broadcast at 7:00 P.M. the following Wednesday, Friday and Sunday; and at 9:00 A.M. Thursday, Saturday and Monday. Meetings are also streamed live and archived for later viewing on demand on the City’s website at www.cityofredlands.org . Agendas, staff
reports and minutes of the City Council of the City of Redlands are available online at: www.cityofredlands.org
.

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City Council/Financing Authority Meeting H. 1.

DATE: 05/16/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Approve minutes of the regular meeting of May 2, 2023 (City Clerk Donaldson)
MOTION:

I move to approve the regular meeting minutes of May 2, 2023.

Attachments
Regular meeting minutes of May 2, 2023
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MINUTES

Regular meetings of the City Council and the Board of Directors of the Successor Agency of the former Redevelopment Agency of the City of Redlands held in the Council Chambers, Civic Center, 35 Cajon Street, on May 2, 2023 at 5:00 P.M.

Present:  Eddie Tejeda, Mayor
Paul Barich, Mayor Pro Tempore
Denise Davis, Council Member
Jenna Guzman-Lowery, Council Member
Mario Saucedo, Council Member
Staff: Charles M. Duggan, Jr., City Manager; Yvette M. Abich Garcia, City Attorney; Jeanne Donaldson, City Clerk; Janice McConnell, Assistant City Manager; Chris Boatman, Assistant City Manager; Carl Baker, Public Information Officer; Danielle Garcia, Management Services/Finance Director; Brian Desatnik, Development Services Director; John Harris, Municipal Utilities and Engineering Director; Rich Sessler, Fire Chief; Rachel Tolber, Interim Police Chief

Mayor Tejeda called the meeting to order. He announced that due to child care needs that preclude in-person attendance at the meeting, Council Member Denise Davis has chosen to attend tonight's City Council meeting via teleconference under AB 2449 "Just Cause". This is the first of two allowable Just Cause exceptions under AB 2449.

The Mayor offered the public an opportunity to provide comment on any item on the agenda for the closed session and comments could be presented in-person, via Zoom, via cell phone or landline.

PUBLIC COMMENT

None forthcoming

CLOSED SESSION

Conference with legal counsel: Existing Litigation - Government Code §54956.9(d)(1) (City Attorney Abich Garcia)
One Case:

Davis v. City of Redlands, et al., San Bernardino Superior Court, Case No.

CIVSB2132368
a.

RECONVENE CITY COUNCIL MEETING

The meeting reconvened at 6:00 P.M. with an invocation by Council Member Guzman-Lowery and an announcement with great sadness and sorrow, that City Treasurer Robert Dawes had passed away last weekend. The pledge of allegiance to the American flag was conducted by the Aztec Harmonies Honor Choir of Arroyo Verde Elementary School.

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CLOSED SESSION REPORT

City Attorney Garcia announced that no reportable action was taken during the closed session.

PRESENTATIONS

Redlands Pet Adoption
Animal Services Supervisor Jodi Kroeger and Animal Services Officer Trevor Houser introduced “Sandy”, an eight-year-old female German Shepherd mix who is available for adoption, along with thirty-nine other dogs and seventeen cats at the Redlands Animal Shelter.

Ms. Kroeger informed the Council there had been twenty-one dogs adopted in April 2023.

Proclamation 125th Anniversary A.K. Smiley Public Library Mayor Pro Tem Barich presented a Proclamation recognizing the 125th Anniversary of A.K.

Smiley Public Library to Board President Bill Hatfield, Board Members Kate Pretorius and Rosa Gomez, Library Director Don McCue, Library Archivist Nathan Gonzalez and Library Clerk Monica Kalapaca.

Proclamation National Salvation Army Week
Council Member Saucedo presented a Proclamation recognizing May 15-21, 2023, as National Salvation Army Week in the City of Redlands to Mike Delgado and Naomi Goforth.

PUBLIC COMMENT

HRC Sponsored Health Fair - Chairperson Kenneth Ford invited everyone to attend a health fair sponsored by the Human Relations Commission scheduled for May 20, 2023, 9-2:00 P.M. at Texonia Park.

Teamsters Support - Rich Smith, representing the Teamsters Local 1932, was disappointed that during bargaining unit negotiations, the City Council appeared to be resisting change, and he added that excuses such as "we do it this way because it has always been done this way" was not acceptable. Several Teamsters were present in the Chambers with many more outside showing their support of unions.

AAPI Month
- Dr. Sam Wong encouraged the Council to recognize Asian American Pacific Islanders and their heritage in the month of May 2023.

Lack of Housing
- Robert Garrity stated there was a lack of housing in Redlands and he urged the Council to support projects intended to fill the need.

CONSENT CALENDAR

Minutes

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On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, the regular meeting minutes of April 18, 2023.

Vote: 5 - 0 Passed

Proclamation National Salvation Army Week

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, the issuance of a proclamation recognizing May 15-21, 2023, as National Salvation Army Week in the City of Redlands.

Vote: 5 - 0 Passed

Proclamation Asian American Pacific Islander Heritage Month

Mayor Tejeda presented a Proclamation declaring May 2023, as Asian American Pacific Islander Heritage Month to Dr. Sam Wong.

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Mario Saucedo, the City Council unanimously approved, by roll call vote, the issuance of a proclamation declaring May 2023, as Asian American Pacific Islander Heritage Month.

Vote: 5 - 0 Passed

Proclamation 125th Anniversary A.K. Smiley Public Library

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, the issuance of a proclamation recognizing the 125th Anniversary of the Gifting of A.K. Smiley Public Library.

Vote: 5 - 0 Passed

Resolution No. 8452 Destruction of Public Records

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, Resolution No. 8452 approving the destruction of certain public records in the City Manager's Office.

Vote: 5 - 0 Passed

Resolution No. 8441 Destruction of Public Records

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, Resolution No. 8441 approving the destruction of certain public records in the Human Resources/Risk Management Division.

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Vote: 5 - 0 Passed

Resolution No. 8465 Destruction of Public Records

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, Resolution No. 8465 approving the destruction of certain public records in Management Services/Finance Department.

Vote: 5 - 0 Passed

Officer De-Escalation Training

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, the sole source purchase of an Apex Officer Pro Training Simulator and Apex Officer X2 Hardware Upgrade from Govred Technology, Inc. in the amount of $73,406.25 for officer de-escalation training.

Vote: 5 - 0 Passed

Resolution No. 8434 Annual SLD and LMD Assessments

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, Resolution No. 8434 initiating proceedings to continue levying assessments, appointing an assessment engineer, and ordering the preparation of the Engineer's Reports for Street Lighting District No. 1 and Landscape Maintenance District No.1.

Vote: 5 - 0 Passed

Emergency Operations Center Furniture PO

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously authorized, by roll call vote, a purchase order with Watson Furniture Group for the Emergency Operations Center office reconfiguration in the amount of $115,623.87 through master cooperative agreement No. 00318.

Vote: 5 - 0 Passed

Facility Use Agreement Redlands Theatre Festival

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously determined, by roll call vote, that approval of the Facility Use Agreement with Redlands Theatre Festival is exempt from environmental review pursuant to Section 15061 (b)(3) of the State's guidelines implementing the California Environmental Quality Act Guidelines; and approved the Facility Use Agreement with Redlands Theatre Festival for use of the Sewall Theatre within Prospect Park.

Vote: 5 - 0 Passed
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Automated Refuse, Recycling, Green Waste & Organic Waste Collection

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously determined, by roll call vote, that approval of the agreement for the provision of the rerouting and route optimization of residential automated refuse, recycling, green waste, and organic waste curbside collection and commercial recycling routes with RouteSmart Technologies is exempt from further environmental review pursuant to Section 15061(b)(3) of the state’s guidelines implementing the California Environmental Quality Act; and approved an agreement with RouteSmart Technologies for the Rerouting and Route Optimization of residential automated refuse, recycling, green waste, and organic waste curbside collection and commercial recycling routes for the amount of $97,380.

Vote: 5 - 0 Passed

Redlands Festival of Arts Event

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously determined, by roll call vote, that approval of the Redlands Festival of Arts event is categorically exempt from environmental review pursuant to Section 15061 (b)(3) of the state’s guidelines implementing the California Environmental Quality Act; approved the request by the Redlands Arts Festival, Inc. to hold the Redlands Festival of Arts event on May 27-28, 2023, authorized the sale and consumption of alcoholic beverages during the event and the expenditure of City resources and in-kind support in the amount of $4,363; and authorized the closure of 4th Street and Eureka Street from 10:00 a.m. on May 27, 2023, through 5:00 p.m. on May 28, 2023.

Vote: 5 - 0 Passed

Orange Street Alley Park Umbrellas

On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously determined, by roll call vote, that the aging inventory of umbrellas within the Orange Street Alley Park is surplus property; and approved the donation of surplus Orange Street alley umbrellas to the Redlands Visitor Center.

Vote: 5 - 0 Passed

Vehicle Lease Agreement Toyota of Redlands
Staff requested this item be removed from the agenda, to be considered at a future City Council meeting.

COMMUNICATIONS

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WWTP Awards Recognition

Municipal Utilities and Engineering Director Harris was proud to announce Wastewater Treatment Plant employees and the facility itself received 2023 California Water Environment Association Santa Ana River Basin awards during the annual CWEA SARBS banquet held at Disneyland. MUED employees were recognized for their outstanding professional achievements. Employees included, Jung Park, Laboratory Manager, Supervisor of the Year, Ivan Pedraza, Laboratory Analyst, Laboratory Person of the Year, Karla Siordia, Laboratory Analyst, Laboratory Person of the Year and Shannon Simmers, Regulatory Compliance Officer. Additionally, the City's Wastewater Treatment Plant was recognized as the CWEA SARBS Wastewater Treatment Plant of the Year.

2023 Regional SCAG Conference Voting Delegate

Mayor Tejeda opened the discussion to consider designating a Voting Delegate to represent the City at the 2023 Regional Conference of the Southern California Association of Governments (SCAG) and General Assembly. As public comment, Greg Brittain voiced concerns that SCAG's authority had grown too powerful, and he urged the delegates to vote to preserve the City's way of life and to avoid limiting housing.

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, to designate Council Member Mario Saucedo to serve as the voting delegate and Mayor Pro Tem Barich to serve as the alternate voting delegate at the 2023 Regional Conference of the Southern California Association of Governments (SCAG).

Vote: 5 - 0 Passed

PUBLIC HEARINGS

Resolution. No. 8464 - Street Vacation No. 189

Mayor Tejeda declared the meeting open as a public hearing and called on Principal Planner Sean Reilly for a review of Resolution. No. 8464, Street Vacation No. 189, to consider a request to vacate a portion of excess street right-of-way that is 30 feet in width and approximately 927 feet in length, and totaling approximately 27,805 square feet in area, located on the north side of Edgemont Drive along the property frontages of 212 and 226 Edgemont Drive. The Applicant, Aysar Helo, explained that authorizing the street vacation would remove the right-of-way from his property. One written comment was received from Steve Rogers, who objected to the Council approving the vacation without the appropriate review and oversight of the City Engineer. With no further discussion, the Mayor closed the public hearing.

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Mario CC_SA_May 2, 2023

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On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Mario Saucedo, the City Council unanimously approved, by roll call vote, Resolution No. 8464 to vacate a portion of excess street right-of-way (Street Vacation No. 189) that is 30 feet in width and approximately 927 feet in length, and totaling approximately 27,805 square feet in area, located on the north side of Edgemont Drive along the property frontages of 212 and 226 Edgemont Drive (APNs: 0294-141-33-0000 and 0294-141-12-0000). The proposal is exempt from environmental review pursuant to Section 15061(b)(3) of the California Environmental Quality Act Guidelines.

Vote: 5 - 0 Passed

Resolution No. 8471 HSPC Decision Appeal

Mayor Tejeda declared the meeting open as a public hearing and called on Principal Planner Sean Reilly for a detailed report on an Appeal of the Historic and Scenic Preservation Commission's decision to deny Demolition Permit No. 357, related to a request to demolish a 2,794 square foot single family dwelling over 50 years of age located at 130 Sierra Vista Drive by Bryan and Celina McKernan. Consultants Alexandra Perlman and John LoCascio, of Historic Resources Group (HRG), identified the methods they used to perform the integrity analysis and examine the property. It was determined that the home was not eligible for inclusion in the National Register of Historic Places or the California Register of Historical Resources, and not eligible for designation as a City of Redlands Historic Landmark or Historic Resource. The property had undergone substantial alterations and no longer retained sufficient integrity to convey any potential significance under the required criteria to be eligible for listing. A peer review, performed by ECORPS, concurred with HRG's conclusions.

Appellant Celina McKernan expressed disappointment with the Historic and Scenic Preservation Commission (HSPC) decision to deny the demolition and reminded everyone the subject property was currently not recorded in the City's list of local historic resources.

As public comment, Kathleen Beall and John P Beall passionately spoke of the unique aspects of this mid-century modern house and its architect, Clare Henry Day. They recently submitted an application, along with other appropriate documents, to nominate 130 Sierra Vista for inclusion on the Local Historic Resource List and it was their opinion that property rights were not an issue because no property was being taken away from the owners. They reminded everyone that demolitions were permanent actions. City Attorney Garcia clarified the nomination paperwork was an application to add the property to the Resource List and would not pause any actions related to the property at this time. Six written comments were received, with four requesting the Council deny the appeal, one requesting approval of the appeal and one requesting the Council consider sending this back to the HSPC. As rebuttal, Morgan Gallagher, representing Bryan and Celina McKernan, urged the Council to consider the experts who evaluated the property, with both consultants coming to the same conclusion.

Mayor Tejeda closed the public hearing.

Council Members agreed this was a tough decision to make. Several comments were raised and discussed, including the merits of the two consultant's reports that were in opposition to the opinions of the H&SP Commissioners, the guidelines as spelled out in the Municipal Code and a suggestion from Mayor Tejeda to preserve the home by soliciting a buyer who could move the property to another location.

On motion of Council Member Mario Saucedo, seconded by Mayor Pro Tempore Paul Barich, CC_SA_May 2, 2023

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On motion of Council Member Mario Saucedo, seconded by Mayor Pro Tempore Paul Barich, the City Council approved, by roll call vote, Resolution No. 8471 to uphold the appeal and reverse the Historic and Scenic Preservation Commission's decision to deny Demolition Permit No. 357 and to approve Demolition Permit No. 357, to demolish a 2,794 square foot single family dwelling over 50 years of age located at 130 Sierra Vista Drive (APN:
0176-173-09-0000).

Vote: 3 - 2 Passed
NAY:  Council Member Denise Davis
Council Member Jenna Guzman-Lowery

NEW BUSINESS

ESRI Enterprise License Agreement

Claudia Caceres, GIS Supervisor, explained the need for the Enterprise License Agreement with Esri for mapping software and services for a period of three years in the amount not-to-exceed $273,409.

On motion of Council Member Mario Saucedo, seconded by Mayor Pro Tempore Paul Barich, the City Council unanimously approved, by roll call vote, the Enterprise License Agreement with Esri for a period of 3 years at an amount not-to-exceed $273,409 for mapping software and services.

Vote: 5 - 0 Passed

Resolution No. 8439 Flag Display Policy

City Attorney Abich Garcia provided a timeline and background of the request to amend the Display Policy for the United States, State, Local and Other Flags to Authorize the Flying of the Rainbow Pride Flag at City Hall in the Month of June. She explained the First Amendment does not require the government to allow all speech on city property and she reviewed the U.S. Supreme Court decision acknowledging that when the government has a clear policy and guidelines, the government may advance its own speech without requiring viewpoint neutrality when the government itself is the speaker, so long as the government speech does not show religious preference or encourage a certain vote in an election.

As public comment, twenty-two people supported amending the existing policy to allow the Pride flag to fly in the month of June, as a visible sign that the City supports and protects marginalized groups and is committed to creating a safe and welcoming community for all.

Eight people were opposed to flying the Pride flag and thought the change in policy was divisive, showing a preference for one group over another. They recommended the City retain its current flag display policy authorizing only the US, state, local and MIA/POW to fly on City poles.

Each Council Member offered their perspectives on the matter. Council Members Davis and Guzman-Lowery were in support of amending the policy and noted that the Pride flag was already being flown at the state level and on some federal sites and this action would put Redlands in alignment with the City's Strategic Plan, promoting diversity, equity and CC_SA_May 2, 2023

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Redlands in alignment with the City's Strategic Plan, promoting diversity, equity and inclusion. Council Member Saucedo said the US flag already promoted inclusivity, representing all people. Furthermore, he supported the LGBTQ+ community and was in favor of anyone who chose to fly the Pride flag on their own private property. Mayor Pro Tem Barich was uncomfortable giving preference to one group over another. Mayor Tejeda was concerned about the Supreme Court decision and was worried that approving the policy might handcuff future city councils. He said there was no guarantee future council members would support this. Council Members were appreciative of all the speakers who took the time to address the Council.

On motion of Council Member Denise Davis, seconded by Council Member Jenna Guzman-Lowery, the City Council failed to approve, by roll call vote, Resolution No. 8439 amending the Display Policy for the United States, State, Local and Other Flags to Authorize the Flying of the Rainbow Pride Flag at City Hall in the Month of June. With the motion failing, Resolution No. 6633 will remain as the City display policy for flags, restricting the use of city-owned flag poles to display only the U.S., State of California and City of Redlands flags and the POW/MIA flag.

Vote: 2 - 3 Failed
NAY:  Mayor Eddie Tejeda
Mayor Pro Tempore Paul Barich
Council Member Mario Saucedo

COUNCIL MEMBER ANNOUNCEMENTS AND ACTIVITIES

Mayor Tejeda and Council Member Saucedo participated in the Community Day of Service.

Improvements to Israel Beal Park were quite significant.

Mayor Pro Tem Barich attended the Fire Department Promotion and Awards Ceremony. He hosted the Mayor of Freemont, CA and provided a tour of Step Up in Redlands, showing off the facility as an example of ways to deal with homelessness.

Council Member Davis was proud of the Redland Youth Council's efforts during the recent resource fair held at Step Up in Redlands.

ADJOURNMENT

The meeting adjourned at 9:48 P.M. in memory of City Treasurer Robert Dawes. Each Council Member expressed their sympathy for the loss of such a great man, who served selflessly in so many ways and touched the lives of us all. He will be greatly missed. The next regular meeting of the City of Redlands City Council will be held on May 16, 2023.

SUCCESSOR AGENCY OF THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF REDLANDS

Chairperson Tejeda called the meeting to order and offered anyone present the opportunity to address the Board on any subject not already on the agenda, within the jurisdiction of the Successor Agency.

CC_SA_May 2, 2023

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PUBLIC COMMENT

None forthcoming

Minutes

On motion of Vice Chair Barich, seconded by Board Member Saucedo, the minutes of the regular meeting of April 4, 2023 were unanimously approved, by roll call vote.

Vote:  5 - 0 Passed

ADJOURNMENT

There being no further business, the Successor Agency Board of Directors' meeting was adjourned at 9:49 P.M. The next regular meeting of the Agency will be held on June 6, 2023.

CC_SA_May 2, 2023

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City Council/Financing Authority Meeting H. 2.

DATE: 05/16/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Approve recommendation for an appointment to the Airport Advisory Board (Mayor Tejeda and Councilmember Davis)
MOTION:

I move to reappoint Jason Golembeski to serve another four-year term on the Airport Advisory Board ending May 1, 2027.

RECOMMENDATION:

Pursuant to the Redlands Municipal Code, appointments to this board are made by the Mayor and approved by the City Council. However, Mayor Tejeda has expressed his desire to rotate recommendations for commission/board appointments among the City Council members. Councilmember Davis has been delegated authority by Mayor Tejeda to make the recommendation for this appointment. It is recommended by Mayor Tejeda and Councilmember Davis to reappoint Jason Golembeski to serve another four-year term on the Airport Advisory Board ending May 1, 2027.

DISCUSSION:

Airport Advisory Board Member Jason Golembeski's term expired on May 1, 2023. Board member Golembeski is seeking re-appointment. In April, the City issued a public notice soliciting applications for the Airport Advisory Board. The public notice was concurrently aired on Redlands TV and posted on the community bulletin board at the A. K. Smiley Public Library. The local newspapers also received distribution of the public notice. No new applications were received and six applications from a previous posting were included for consideration. After reviewing all applications, Jason Golembeski is recommended for re-appointment for another four-year term ending on May 1, 2027.
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The Airport Advisory Board consists of seven members as follows:

Karl Grove
Jason Golumbeski (term 5.1.23)
Thomas Cook
Nathan Freeman
Robert Pearce
Dennis Nodine
Deborah Forthun
ALTERNATIVE:

The City Council may choose not to support the recommendation and direct staff to seek further applications for consideration.

SUBMITTED BY:

Janice McConnell, Assistant City Manager
REVIEWED BY:

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

Jennifer Macias, Management Analyst
Attachments
Airport Public Notice
Airport Advisory Applications
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City Council/Financing Authority Meeting H. 3.

DATE: 05/16/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Adopt Resolution No. 8468 Annexation No. 25 declaring intent to annex territory into Community Facilities District 2004-1 and determine that the proposed project is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act
(Development Services Director Desatnik)
MOTION(S):

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

I move that the City Council determine that the proposed project 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 adopt Resolution No. 8468.2.

RECOMMENDATION:

Staff recommends City Council adopt Resolution No. 8468 declaring intent to annex territory into Community Facilities District No. 2004-1 and determine that the proposed project is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act.

DISCUSSION:

The City Council established Community Facilities District No. 2004-1 (CFD) for the purpose of providing certain services which are necessary to meet demands placed upon the City by development. The City Council is being asked to consider Resolution No. 8468, a Resolution of Intention to annex territory into the CFD.
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City staff received a petition from GS Redlands LLC requesting annexation of its property into the CFD for the maintenance of infiltration trenches, infiltration Basins, storm drain facilities, landscaping, and street trees within and adjacent to Tract Map No. 20065, Assessor's Parcel Numbers 0174-711-01 through 30 as shown on Attachments C and D. This annexation is for the properties on the south side of East Highland Avenue and West of Redlands Street. Tract Map No. 20065 was approved by the City Council on April 19, 2022. If Resolution No. 8468 is adopted, a public hearing will be scheduled for the City Council meeting on June 20, 2023.

The proposed project is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act (CEQA) as it has been determined there is no possibility the annexation of the proposed project will result in an environmental impact.

ALTERNATIVES:

N/A
STRATEGIC PLAN:

N/A
SUBMITTED BY:

Brian Desatnik, Development Services Director
RECOMMENDED BY:

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

Yvette A. Garcia, City Attorney
Janice McConnell, Assistant City Manager
Christopher Boatman, Assistant City Manager
PREPARED BY:

Donald Young, One Stop Permit Center Manager
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Fiscal Impact
Discussion:

There is no financial impact. All costs associated with the annexation are paid by the developer.

Attachments
Resolution No. 8468
Signed Petition
Attachment C. APN Map
Attachment D. Aerial
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RESOLUTION NO. 8468

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS

DECLARING INTENTION TO ANNEX TERRITORY TO COMMUNITY
FACILITIES DISTRICT NO. 2004 -1 OF THE CITY OF REDLANDS AND

ADOPTING A MAP OF THE AREA PROPOSED TO BE ANNEXED
THERETO (ANNEXATION NO. 25)
WHEREAS, the City Council (the “City Council”) of the City of Redlands (the “City”) has established Community Facilities District No. 2004 -1 of the City of Redlands, County of San Bernardino, State of California (the “Community Facilities District”) for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property; and WHEREAS, it is necessary that certain parcels of property be annexed to the Community Facilities District in order that they may be developed and receive the benefit of services which will be financed by the annual levy of special taxes on said property sufficient to pay the costs of such services and costs incidental thereto; and

WHEREAS, the current Rate and Method of Apportionment of Special Tax (the “Rate and Method”) set forth in Exhibit B hereto, requires that Special Tax for all parcels increase annually in accordance with the Los Angeles-Riverside-Orange County Consumer Price Index (the “LRO Index”); and
WHEREAS, the LRO Index no longer exists and has been replaced by the Riverside-San Bernardino-Ontario Consumer Price Index (the “RSO Index”); and WHEREAS, it is necessary for the Rate and Method to be modified to reference the RSO Index, as the LRO Index no longer exists; and
WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the “Mello- Roos Community Facilities Act of 1982,” to annex territory to the Community Facilities District by complying with the procedures set forth in said Article 3.5;

NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND
ORDERED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS:

Section 1. Recitals. The above recitals are true and correct and are hereby incorporated into this resolution.

Section 2. Name of District. The name of the existing Community Facilities District is “ Community Facilities District No. 2004 -1 of the City of Redlands, County of San Bernardino, State of California.”
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Section 3. Amendment of Rate and Method . The reference to the “Los Angeles-Riverside-Orange County” Consumer Price Index in Section C of the Rate and Method is hereby replaced with the “Riverside-San Bernardino-Ontario Consumer Price Index.” No other portion of the Rate and Method shall be amended.

Section 4. Intention. The City Council declares its intention to conduct proceedings pursuant to said Art icle 3.5 for the annexation to the Community Facilities District of the territory described in Exhibit “A” attached hereto. The City Council determines that the public convenience and necessity require that such territory be annexed to the Community Facilities District.

Section 5. Description of Territory Proposed To Be Annexed; Annexation Map. The territory that is included in the Community Facilities District is described on the map of the Community Facilities District recorded on May 18, 2004, in Book 76 of Maps o f Assessment and Community Facilities Districts, page 94, and as Instrument No 2004- 0347327 in the official records of the County of San Bernardino. The territory proposed to be annexed to the Community Facilities District is described in Exhibit “A” attac hed hereto and by this reference made a part hereof. Such territory is also shown and described on the map thereof entitled “Annexation Map No. 25, Community Facilities District No. 2004 -1 of the City of Redlands, County of San Bernardino, State of Califor nia,” which is on file with the City Clerk (the “Annexation Map”).

Section 6. Types of Services; Incidental Expenses; Plan for Providing Services. The services to be provided and financed by the Community Facilities District include the maintenance of infiltration tr enches, infiltration basins, storm drain facilities, landscaping, and street trees within letter lot “A” and street right-of- way adjacent to Tract Map No. 20065, and any other public services authorized by the Act, in the area of the Property and the Community Facilities District. The Community Facilities District shall also finance costs associated with the determination of the amount of and the levy and collection of special taxes which are levied to provide such services and costs otherwise incurred in order to carry out its authorized purposes. The services described above shall be provided, as needed, throughout the Community Facilities District and the territory proposed to be annexed thereto for the benefit of all owners of property and residents of t he Community Facilities District and the territory proposed to be annexed thereto. All owners of taxable parcels of property within the Community Facilities District and the territory proposed to be annexed thereto shall pay special taxes at the same rate to finance the annual cost of providing such services. The services to be provided and financed by the Community Facilities District, as previously described, are necessary to meet increased demands placed upon the City as a result of development occurri ng within the Community Facilities District and the territory proposed to be annexed thereto.

Section 7. Special Taxes. Except where funds are otherwise available, special taxes sufficient to pay the costs of the services described in Section 6 above and the annual administrative expenses of the City and the Community Facilities District in determining, apportioning, levying and collecting such special taxes, shall be annually levied within the territory proposed to be annexed to the Community Facilities District. Pur suant to Section 53340 of the California Government Code, the special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and 33 of 517
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the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes. The rates and method of apportionment of said special taxes shall be as set forth in Exhibit “B,” attached hereto and by this reference made a part hereof. The property within the territory prop osed to be annexed shall be assigned at the rate set forth for Special Tax Rate Category G as set forth in Exhibit “B” attached hereto and for Fiscal Year 2023-24, and each Fiscal Year thereafter, assessed at the rate set forth in Table 2 in Exhibit “B” at tached hereto, subject to annual increases beginning in Fiscal Year 2024-25 by the great er of 2% or the percentage increase in the Consumer Price Index as determined pursuant to the method of apportioning such special taxes set forth in said Exhibit “B”.

Section 8. Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets and Highways Code, the City Council adopts the Annexation Map as the map of the area proposed to be annexed to the Community Facilities District. Pursuant to Section 3111 of said Code, the City Clerk shall file the original of the Annexation Map in her office and shall file a copy of the Annexation Map with the County Recorder of the County of San Bernardino no later than 15 days prior to the date of the hearing specified in Section 9 hereof.

Section 9. Hearing. A public hearing on the proposed annexation of said territory to the Community Facilities District shall be held at 6:00 p.m., or as soon thereafter as the matter may be heard, on June 20, 2023, in the Council Chambers at the City of Redlands Civic Center, 35 Cajon Street, Redlands, California, or via teleconference as directed by the City due to COVID-19 social distancing guidelines.

Section 10. Notice. The City Clerk shall publish a notice of the time and place of said hearing as required by Section 53322 of the California Government Code, and shall also give notice of the hearing by first class mail to each registered voter and landowner within the territory proposed to be annexed to the Community Facilities District as prescribed by Section 53339.4 of said Code. Said notice shall be published at least seven (7) days and mailed at least fifteen (15) days before the date of the hearing and shall contain the information required by said Section 53339.4.

Section 11. Description of Voting Procedures . The voting proc edures to be followed in conducting the election on the proposition with respect to the levy of special taxes within the territory proposed to be annexed to the Community Facilities District shall be as follows:
(a) If at the time of the close of the publi c or protest hearing (hereinafter referred to as the “protest hearing”) at least 12 persons are registered to vote within the territory proposed to be annexed to the Community Facilities District, the election shall be conducted by the City Clerk and shall be held on a date selected by the City Council in conformance with the provisions of Section 53326 of the California Government Code (“Section 53326”) and pursuant to the applicable provisions of law regulating elections of the City, insofar as they may be applicable, and pursuant to Section 53326 the ballots for the election shall be distributed to the qualified electors of the territory proposed to be annexed to the Community Facilities District by mail with return postage prepaid and the election shall be conducted as a mail ballot election.
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(b) If at the time of the close of the protest hearing, and for at least the preceding 90 days, less than 12 persons have been registered to vote within the territory proposed to be annexed to the Community Facilitie s District, and pursuant to Section 53326, the vote is , therefore, to be by the landowners of that territory, with each landowner of record at the close of the protest hearing having one vote for each acre or portion of an acre of land that he or she owns, the election shall be conducted by the City Clerk as follows:
(1) The election shall be held on the earliest date following the conclusion of the protest hearing upon which it can be held pursuant to Section 53326 which may be selected by the City Council, or such earlier date as the owners of land within the territory proposed to be annexed to the Community Facilities District and the City Clerk agree and concur is acceptable. (2) Pursuant to Section 53326, the election may be held earlier than 90 days follo wing the close of the protest hearing if the qualified electors of the territory proposed to be annexed to the Community Facilities District waive the time limits for conducting the election set forth in Section 53326 by unanimous written consent and the City Clerk concurs in such earlier election date as shall be consented to by the qualified electors.
(3) Pursuant to Section 53326, ballots for the election shall be distributed to the qualified electors by the City Clerk by mail with return postage prepaid or by personal service.
(4) Pursuant to applicable provisions of law regulating elections of the City which govern the conduct of mail ballot elections, and Division 4 (commencing with Section 4000) of the California Elections Code with respect to elections conducted by mail, the City Clerk shall mail or deliver to each qualified elector an official ballot in a form specified by the City Council in the resolution calling the election, and shall also mail or deliver to all such qualified electors a ballot p amphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a statement pursuant to Section 9401 of the said Code, an impartial analysis by the City Attorney pursuant to Section 9280 of the said Code with respect to the ballot proposition contained in the official ballot, ballot arguments and rebuttals, if any, pursuant to Sections 9281 to 9287, inclusive, of said Code, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of this resolution; provided, however, that such statement, analysis and arguments may be waived with the unanimous consent of all the landowners of the territory proposed to be annexed to the Community Facilities District and shall be so stated in the resolution adopted by the City Council calling the election.
(5) The official ballot to be mailed or delivered by the City Clerk to each landowner -voter shall have printed or typed thereon the name of the landowner-voter and the number of votes to be voted by the landowner -voter, and 35 of 517
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shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the ce rtification is the person who voted the official ballot, and if the landowner -voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner-voter entitled to vote such official ballot, that he or she ha s b een authorized to vote such official ballot on behalf of the landowner -voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner-voter, to vote all votes to which the landowner -voter is entitled based on its land ownership on the proposition set forth in the official ballot as marked thereon in the voting square opposite such proposition, and further certifying as to the acreage of the landowner-voter’s land ownership within the territory proposed to be annexed to the Community Facilities District.
(6) The return identification envelope delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (i ii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed nam e and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of said declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk. (7) The informa tion-to-voter form to be mailed or delivered by the City Clerk to the landowner-voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly c ompleted and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by 5:00 o’clock p.m. on the date of the election.
(8) Upon receipt of the r eturn identification envelopes which are returned prior to the voting deadline on the date of the election, the City Clerk shall canvass the votes cast in the election and shall file a statement with the City Council at its next regular meeting regardin g the results of such canvass and the election.

The procedures set forth in this section for conducting the election may be modified as the City Council may determine to be necessary or desirable by a resolution subsequently adopted by the City Council.
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ADOPTED, SIGNED, AND APPROVED this 16th day of May, 2023.

___________________________
Eddie Tejeda, Mayor

ATTEST:

____________________________
Jeanne Donaldson, City Clerk

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I, Jeanne Donaldson, Deputy City Clerk of the City of Redlands, hereby certify that the foregoing resolution was adopted by the City Council at a regular meeting thereof held on the 16th day of May, 2023 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

_______________________________
Jeanne Donaldson, City Clerk
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EXHIBIT “A”

LEGAL DESCRIPTION
FOR
ANNEXATION NO. 25 TO
COMMUNITY FACILITIES DISTRICT NO. 2004-1

CITY OF REDLANDS, COUNTY OF SAN BERNARDINO

STATE OF CALIFORNIA
The property located in the City of Redlands, County of San Bernardino, State of California identified by San Bernardino County Assessor’s Parcel Nos.:

0174711010000
0174711020000
0174711030000
0174711040000
0174711050000
0174711060000
0174711070000
0174711080000
0174711090000
0174711100000
0174711110000
0174711120000
0174711130000
0174711140000
0174711150000
0174711160000
0174711170000
0174711180000
0174711190000
0174711200000
0174711210000
0174711220000
0174711230000
0174711240000
0174711250000
0174711260000
0174711270000
0174711280000
0174711290000
0174711300000 Exempt

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EXHIBIT “B”

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
COMMUNITY FACILITIES DISTRICT NO. 2004-1

OF THE CITY OF REDLANDS

A Special Tax (the “Special Tax”) shall be levied on and collected from each Parcel of Taxable Property (defined below) in Community Facilities District No. 2004- 1 (the “District”), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July 1, 2004, in an amount determined by the City Council of the City of Redlands, acting in its capacity, as the legislative body of the District (hereinafter as the “Council”), by applying the rate and method of apportionment set forth below. All of the real property in the District, unless exempted by law or by the provisions herein, shall be taxed for the purposes, to the extent, and in the manner provided herein.

A. DEFINITIONS
“Additional Maintenance” means the maintenance of landscaping for Parcels assigned to a Special Tax Rate Category in addition to the Basic Maintenance, including, but not limited to, the maintenance of significant open space, citrus groves , firebreaks, and extensive medians and parkways.
“Additional Maintenance Rate Per Benefit Unit” mean s the Special Tax Rate per Benefit Unit that will be levied in any Fiscal Year on Parcels of Ta xable Property assigned to a Special Tax Rate Category to pay the cost of Additional Maintenance, if any, for such Parcels, including, but not limited to, the Ci ty’s administrative costs in levying and collecting the Special Tax and managing and administering the Additional Maintenance in such Fiscal Year.
“Basic Maintenance” means the normal maintenance of basic landscaping within the District, including, but not limited to, parkways , open space areas , medians , and street trees and the associated maintenance of bushes, shrubs, and ground cover. “Base Rate Per Benefit Unit” means the Special Tax Rate per Benefit Unit that will be levied in any Fiscal Year on all Parcels of Taxable Property in the District to pay the estimated cost of the Basic Maintenance, i ncluding, but not limited to, the City’s administrative costs in levying and collecting the Special Tax and managing and administering the Basic Maintenance in such Fiscal Year.

“Benefit Unit” means a Single -family residential lot or dwelling unit or the equivalent.

Commercial property is assigned Benefit Units based on acreage with the basis being four (4) Benefit Units per acre, consistent with the average resid ential density in the City.

Industrial Property is assigned Benefit Units based on acreage with the basis being two (2) Benefit Units per acre. A m ulti-family property is assigned 60 percent of one Benefit Unit per dwelling unit and Religious Property is assigned two (2) Benefit Units per acre. 40 of 517
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“City” means the City of Redlands.

“Council” has the meaning set forth in the preamble.

“Commercial Property” means any Parcel that is used for the purpose of selling, distributing, or furnishing a product or service.

“Development” means any approved development and/or improvement of property resulting in the recordation of a final map or the issuance of a building permit.

“District” has the meaning set forth in the preamble.

“Exempt Property” means property that is exempt from the levy of the Special Tax, including all publicly owned or dedicated property, sliver parcels, common lots, open space, and any other property that cannot be developed.

“Fiscal Year” means the period from and including July 1 st of any year to and including
the following June 30th.

“Industrial Property” means any Parcel that i s used for the purpose of manufacturing a product.

“Land Use Category” means any of the categories contained in Table 1 to which Parcels of Taxable Property are assigned consistent with the land use approvals that have been received or proposed for the Pa rcel as of March 1 preceding the beginning of a Fiscal Year.

“Maximum Special Tax Rate(s)” means the Maximum Special Tax Rate(s) per Benefit Unit for Parcels in all Special Tax Rate Categories that can be levied by the Council in any Fiscal Year as determined pursuant to Section C . The Maximum Special Tax Rates per Benefit Unit for Parcels in all Special Tax Rate Categories , including the Base Rate Per Benefit Unit an d the Additional Maintenance Rate Per Benefit Unit, as set forth in Table 2, shall be increased by the percentage increase in the Consumer Price Index (All Items) for Los Angeles – Riverside – Orange County (1982- 84 = 100) since the beginning of the preceding Fiscal Year, or by two percent (2%), whichever is greater, on July 1, 2005, for Fiscal Year 2005-06 and on each subsequent July 1 for the Fiscal Year then commencing.

“Multi-family Residential Property” means any Parcel of residential property that consists of a building or buildings comprised of attached residential units available for rental, but not purchase, by the general public and under common ownership and/or management.

“Parcel” means a lot or Parcel of land that is identified by an Assessor’s Parcel Number in the Tax Assessment Roll of the County Assessor of the County of San Bernardino.

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“Religious Property” means any Parcel used as a place of worship or for other religious activities.

“Single-family Residential Property” means any Parcel of residential property that is or will be improved with a building comprised of attached or detached residential units available for purchase or rent by the general public.

“Special Tax(es)” means the Special Tax to be levied in each Fiscal Year on each P arcel of Taxable Property.

“Special Tax Rate Category” means any of the categories identified in Table 2 to which Parcels of Taxable Property in a Development are assigned based on the cost of the Basic Maintenance and the cost of the Additional Maintenance, if any, which will be provided to such Parcels.
“Taxable Property” means Parcels that are not Exempt Property.

B. ASSIGNMENT TO LAND USE CATEGORY

Parcels of Taxable Property in a Development shall be assigned to the appropriate Land Use Category contained in Table 1. Such Parcels shall also be assigned to the appropriate Special Tax R ate Category contained in Table 2, based on the estimated cost for providing the Additional Maintenance, if any, to the Development. The Special Tax shall be levied upon and collected from each such Parcel for each Fiscal Year based on the Benefit Units which are assigned to the Parcel as a result of its assignment to the appropriate Land Use Category and Special Tax Rate Category, as provided in Sections C and D.

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TABLE 1
Land Use Category

Land Use Category

Description

Benefit Unit(s)

1 Single-family
Residential

One (1) / Residence
2 Commercial

Five (5) / Acre
3 Industrial

Two (2) / Acre
4 Multi-family
Residential

Six-tenths (0.6) / Residential Unit
5 Religious Property Two (2) / Acre

C. MAXIMUM SPECIAL TAX RATES
The Maximum Spe cial Tax Rate per Benefit Unit for each Parcel for each Fiscal Year shall be the total of the Base Rate Per Benefit Unit plus the Additional Maintenance Rate Per Benefit Unit for the Special Tax Rate Category to which the Parcel is assigned. For Fiscal Year 2004-05 the Base Rate Per Benefit Unit and the Additional Maintenance Rate Per Benefit Unit for each Special Tax Category shall be the amounts set forth in Table 2 for such Special Tax Rate Category. The Base Rates Per Benefit Unit and the Additional Maintenance Rates Per Benefit Unit for all Parcels in all Special Tax Rate Categories shall be increased by the percentage increase in the Consumer Price Index (All Item s) for Los Angeles – Riverside – Orange County (1982 -84 = 100) since the beginning of the preceding Fiscal Year, or by two percent (2%), whichever is greater, on July 1, 2005, for Fiscal Year 2005-06 and on each subsequent July 1 for the Fiscal Year then commencing.

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TABLE 2
Maximum Special Tax Rates

Maximum Rates Per Benefit Unit
Special Tax Additional
Rate Category Base Rate Maintenance Rate
A $250 $0
B $250 $100
C $250 $200
D $250 $300
E $250 $400
F $250 $500
G $250 $600
H $250 $700
I $250 $800
J $250 $900
K $250 $1,000
L $250 $1,100
M $250 $1,200
N $250 $1,300
O $250 $1,400
P $250 $1,500
Q $250 $1,600
R $250 $1,700
S $250 $1,800
T $250 $1,900
U $250 $2,000
V $250 $2,100
W $250 $2,200
X $250 $2,300
Y $250 $2,400
Z $250 $2,500

The Parcels which are to be included in the District at the time of its f ormation and which are identified in Table 3 shall be assigned to the Land Use Category and the Special Tax Rate Category specified in Table 3.

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TABLE 3
Assignment to Land Use Category
and Special Tax Rate Category

Land Use Special Tax Rate
Tract No. Category Category
16408 One (1) K

D. METHOD OF APPORTIONMENT AND LEVY OF ANNUAL SPECIAL TAX For each Fiscal Year, commencing with Fiscal Year 2004-05, the Council shall (a) determine the cost of providing the Basic Maintenance in the District and the amount of the Base Rate Per Benefit Unit to be levied on Parcels of Taxable Property in the District to pay the cost of the Basic Maintenance; (b) deter mine the cost of providing the Additional Maintenance, if any, for each Special Tax Rate Category, as then applicable, and the amount of the Additional Maintenance Rate Per Benefit Unit, if any, to be levied on Parcels of Taxable Property in each Special Tax Rate Category to pay the cost the Additional Maintenance therefor; and (c) levy the Special Tax on all Parcels of Taxable Property in each Special Tax Rate Category, as then applicable. The amount of the Special Tax to be levied on any Parcel of Taxabl e Property in any Fiscal Year shall be determined by multiplying the Benefit Units for the Parcel, depending on the Land Use Category to which it is assigned, by the Base Rate Per Benefit Unit and the Additional Maintenance Rate Per Benefit Unit, if any, d etermined pursuant to clauses (a) and (b) above, for the Special Tax Rate Category to which the Parcel is assigned.

No Special Tax shall be levied on property which, at the time of adoption of the Resolution of Formation for the District, is Exempt Property.

E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to the District from time to time. As each annexation is proposed, an analysis will be prepared to determine the types and areas of landscaping to be maintained, i.e., Basic Maintenance and/or Additional Maintenance, if any, and the estimated annual cost of providing the Additional Maintenance, if any, to the property. Based on this analysis, the property to be annexed will be assigned to the appropriate Special Tax Rate Category contained in Table 2.

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City Council/Financing Authority Meeting H. 4.

DATE: 05/16/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Adopt Resolution No. 8473 for a new connection to the City of Redlands water distribution system at 2340 Mentone Avenue (APN:
0298-295-12-0000) in the unincorporated community of Mentone, adopt Resolution No. 8474 relating to Pre-Annexation Agreement No. 23-09 and determine that adoption of the resolutions is exempt from environmental review pursuant to Sections 15303 and 15319 of the California Environment Quality Act (CEQA) guidelines (Development Services Director Desatnik)
MOTION(S):

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

I move to adopt Resolution No. 8473.

I move to adopt Resolution No. 8474.

RECOMMENDATION:

Staff recommends that the City Council adopt Resolution No. 8473 for a new connection to the City of Redlands water distribution system at 2340 Mentone Avenue in the unincorporated community of Mentone, Outside Service Case (OSC) No. 23-09, and determine that the adoption of Resolution No. 8473 is exempt from environmental review pursuant to Sections 15303(a) and 15319(b) of CEQA guidelines.

Upon City Council adoption of Resolution No. 8473, staff recommends that the City Council adopt Resolution No. 8474 to approve Pre-Annexation No. 23-09 for the provision of water service to a 1.795 acre parcel located at 2340 Mentone Avenue in the unincorporated community of Mentone, and determine that adoption of Resolution No. 8474 is exempt from environmental review pursuant to Sections 15319 and 15303 of CEQA guidelines.
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DISCUSSION:

Staff recently received a water connection application, from Homes For Our Troops, Inc. for the property located at 2340 Mentone Avenue (APN 0298-295-12-0000), in the unincorporated community of Mentone, which is a vacant parcel located approximately 0.13 miles east and 0.01 miles south of the Redlands city limits in the Mentone area. The applicant is proposing to connect to City water service to enable the development of the parcel with a single-family residence for Sergeant Juan Hernandez.

The Redlands Municipal Code (RMC) requires the Municipal Utilities and Engineering Department (MUED) Director and Development Services Department (DSD) Director to present completed applications for utility connections outside the city limits to the City Council for a determination if the public health, safety and welfare, and the best interests of the citizens of Redlands is served by the application, and to provide direction to staff regarding the preparation of a Pre-Annexation Agreement.

The following items were reviewed and deemed complete by the MUED and DSD Directors:

Application for availability for an OSC water connection;1.

Application for environmental review and a Pre-Annexation Agreement;2.

OSC 23-09 is a small project including one lot proposed for the construction of a single-family residential development (see Attachment A-1). Currently, twenty-three residential unit water and sewer connections are available for small projects. The number of service connections for small projects outside of the City is limited to twenty-five per year per Measure U.

Pursuant to the RMC, the City Council may consider the following factors in making its determination that the public health, safety and welfare, and the best interests of the citizens of Redlands are served by the application:

The relationship of the property and its proposed use to the City’s General Plan and zoning ordinances;

1. The relationship of the property and its proposed use to the City’s Water Master Plan, the City’s Water Capital Improvement Programs, the City’s Sewer Master Plan, and the City’s Sewer Capital Infrastructure program;

2. The proximity of the property to the City’s boundaries and existing utility infrastructure;

3. The proposed potential for new revenue sources for the City to pay for City services provided to the project as a result of annexation and development of the property; and,

4. The standards proposed for development of the property.5.

Approval of OSC 23-09 allows the applicant to physically connect to the water 51 of 517
Redlands Regular Meeting of 05-16-23
system, which serves the public health, safety, and welfare, and the best interests of the citizens of Redlands.

Consistency with the General Plan:

The subject property is located in the Low Density Residential land use designation of the General Plan, which supports residential uses such as single-family homes. The property is approximately 1.795 acres and is currently undeveloped. The proposed use of this parcel is consistent with the City of Redlands General Plan.

Water facilities are already site adjacent to an 8” water main in Mentone Avenue.

The site is located in the County of San Bernardino and the County would be the approval authority for any construction on this parcel due to the site's location outside of the City limits. The County does not provide domestic water or sewer services to the site. The City of Redlands has the ability to provide both water and sewer services to unincorporated areas surrounding the City. The specific area of this property does not yet have sewer service available. The nearest sewer main is approximately 6000’ westerly of this particular property.

By adoption of Resolution 8473, the City Council authorizes staff to proceed with the preparation of a Pre-Annexation Agreement for the subject property. In the interests of expediency, a Pre-Annexation Agreement has already been prepared and is attached to Resolution No. 8474 (Attachment D). This request for a Pre-Annexation Agreement is necessary for the property owner to obtain City water service.

Regarding General Plan Consistency, the subject property has a lot area of approximately 1.795 acres, and a General Plan land use designation of Low Density Residential, which allows up to six units per acre. The applicant is working with the County of San Bernardino for the construction of a single-family residence. Development of the site with a single-family residence will be consistent with the General Plan’s land use designation as Low Density Residential. In the event that the property is annexed into the City, the property would most appropriately be zoned Single-Family Residential (R-1) under the City’s zoning code. The proposed development of the site with a single-family residential use is permitted in the R-1 District. With adoption of Resolution No. 8473, the City Council will make a finding that Outside City Case No. 23-09 for water distribution for 2340 Mentone Avenue, Mentone is consistent with the Redlands General Plan and the public health, safety, and welfare of the citizens of Redlands.

The “project” before the City for purposes of the California Environmental Quality Act (CEQA) is the decision by the City Council to enter into a Pre-Annexation Agreement with the property owner for a parcel located outside the City. This 52 of 517
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will enable the provision of City domestic water service, making it possible for the property owner to develop the site with a single-family residence. This type of application is exempt from environmental review pursuant to CEQA Guidelines Section 15319 (Annexations of Existing Facilities and Lots for Exempt Facilities) and Section 15303 (New Construction of Small Structures), which exempts construction of a single-family residence and extensions of water mains of a reasonable length to support the construction of a single-family residence. There is no possibility of any significant environmental effects as a result of the Pre-Annexation Agreement.

ALTERNATIVES:

City Council may deny the staff recommendation if Council determines OSC 23-09 does not serve the public health, safety, and welfare, and the best interests of the citizens of Redlands, or is inconsistent with the General Plan.

Additionally, the City Council can continue the item and request more information on any specific concerns.

STRATEGIC PLAN:

Not Applicable
SUBMITTED BY:

Brian Desatnik, Development Services Director
RECOMMENDED BY:

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

Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
John Harris, Municipal Utilities and Engineering Director PREPARED BY:

Donald Young, One Stop Permit Center Manager
Fiscal Impact
Fiscal Year: FY 2022-23
Revenue Generating: Yes
Appropriation Required Y/N: No
Discussion:

The applicant has paid appropriate fees for the processing of the Outside City 53 of 517
Redlands Regular Meeting of 05-16-23
The applicant has paid appropriate fees for the processing of the Outside City Case water utility service application. The applicant will be required to pay the Water Capital Improvement Charge, Water Source Charge, and associated encroachment permit fees. Additional fees will be paid by the applicant as required by Measure “U“.

Attachments
Appendix A - Location Map
Attachment B - Aerial Photograph
Attachment C - Resolution No. 8473
Attachment D - Resolution No. 8474
Attachment E - Pre-Annexation Agreement
Pre-Annexation Agreement Site Plan
Pre-Annexation Agreement Grant Deed
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Lot 9
Lot 1
Lot 3
Lot 10
2143
1215
1239
1243
029839101
CRAF
TON AV
E

MILL CREEK RD

MENTONE BLVD
BASA
LT
L
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MOSS ST
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APL
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ROSE ST
VENICE
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LINDA
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FL
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LARIMORE LN

SLATE ST

QUARRY ST

SALIC ST

CHAPARREL LN
PLUM
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LN

PATTISON

LNBONVIEW
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SALERNO AVE

STONEWOOD ST
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CAPRI AVE

MADEIRA AVE

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SAPPHIRE
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CONECAMP RD
Copyright nearm ap 2015
Title
OneStop.mxd
0 480 960
Feet
Scale
This map was produced by the City of Redlands,
Geographic Information System.

The City of Redlands assumes no warranty or
legal responsibility for the information contained
on this map.

The data used to generate this map is dynamic
in nature, therefore the information shown may
or may not be the most current.

May 4, 2023
.

OSC 23-09
Appendix A
2340 Mentone Avenue
APN 0298-295-12-0000
Nearest available water
0298-295-12-0000
23 40
Nearest available sewer
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Copyright nearmap 2015
Title
OneStop.mxd
0 75 150
Feet
Scale
This map was produced by the City of Redlands,
Geographic Information System.

The City of Redlands assumes no warranty or
legal responsibility for the information contained
on this map.

The data used to generate this map is dynamic
in nature, therefore the information shown may
or may not be the most current.

May 1, 2023
.

OSC 23-09
Appendix B
2340 Mentone Avenue
APN 0298-295-12-0000
Nearest available water
0298-295-12-0000
23 40
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RESOLUTION NO. 8473

A RESOLUTION OF T HE CITY COUNCIL OF THE CITY OF REDLANDS DETERMINING OUTSIDE CITY CASE NO. 23-09 IS CONSISTENT WITH THE

REDLANDS GENERAL PLAN AND THE PUBLIC HEALTH, SAFETY, WELFARE,

AND BEST INTERESTS OF THE CITIZENS OF REDLANDS ARE SERVED BY THE CONTINUED PROCESSING OF OUTSIDE CITY CASE NO. 23-09 WHEREAS, Homes For Our Troops , Inc. has filed an application for an Outside City Case No. 23-09 with the City of Redlands for a water connection for a proposed single -family residence on a vaca nt parcel located at 2340 Mentone Avenue in the unincorporated community of Mentone (APN: 0298- 295-12-0000) ; and

WHEREAS, Home s for Ou r Troops , Inc. has concurrently applied for a P re- Annexation Agreement with the Development Services Department;

NOW, THEREFORE, BE IT RESOL VED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS:

Section 1. The City Council hereby determines that approval of this Resolution is exempt from review under California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15303(a) and 15319(b) as CEQA exempts the conversion of small structures and the annexation of lots for exempt facilities.

Section 2. The City Council hereby determines that O utside City Case No. 23-09 is consistent with the City of Redlands General Plan and the public health, safety, welfare, and best interests of the citizens of Redlands are served by the City’s continued processing of the application; and

Section 3. The City Council hereby directs staff to prepare a Pre-Annexation Agreement for 2340 Mentone Avenue in the unincorporated comm unity of Mentone (APN: 0298-295-12-0000).

PASSED AND ADOPTED at a meeting of the City Council of the City of Redlands held on May 16, 2023.

_____________________

Eddie Tejeda, Mayor

ATTEST:

_____________________

Jeanne Donaldson, City Clerk
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I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing resolution was duly adopted by the City Council at a special meeting thereof held on the 16 th day of May, 2023.

AYES:

NOES:

ABSENT:

ABSTAIN:

Jeanne Donaldson, City Clerk

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RESOLUTION NO. 8474

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS APPROVING PRE-ANNEXATION AGREEMENT NO. 23-09, RELATED TO

OUTSIDE CITY UTILITY CONNECTIONS FOR WATER SERVICE FOR A VACANT LOT LOCATED AT 2340 MENTONE AVENUE (APN: 0298-295- 12-0000), WITHIN THE UNINCORPORATED COMMUNITY OF MENTONE WITHIN SAN BERNARDINO COUNTY.

WHEREAS, Homes For Our Troops , Inc. has filed an application for Outside City Case No. 23-09 and Pre-Annexation No. 23-09 with the City for an outside City utility connection for a vacant 1.795 acre parcel located at 2340 Mentone Avenue (APN: 0298-295-12-0000) in the unincorporated community of Mentone within San Bernardino County; and

WHEREAS, on May 16, 2023, the City Council found that Outside City Case No. 23-09 was consistent with the City’s General Plan and determined the public health, safety, and welfare of the residents of Redlands would be served by the City’s continued processing of the Outside City Case application, determined that the City of Redlands was acting as a Responsible Agency under the California Environmental Quality Act, and directed staff to prepare a Pre -Annexation Agreement; and

WHEREAS, the subject property’s land use designation in the 2035 General Plan is Low Density Residential and the propose d project is consistent with the 2035 General Plan land use designation;

WHEREAS, the pro posal is not subject to environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15301(a) for existing facilities and Section 15319 pertaining to annexations of existing facilities and lots for exempt facilities.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS:

SECTION 1 . The City Council of the City of Redlands hereby de termines that the proposed Pr e-Annexation Agreement is n ot subject to environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15301 (Existing Facilities) and Section 15319 (Annexations of Existing Facilities and Lots for Exempt Facilities).

SECTION 2. The City Council hereby approve s Pre-Annexation No. 23-09 (Exhibit A) for the provision of water service to enable development of a vacant lot located at 2340 Mentone Avenue (APN: 0298-295-12-0000) in the unincorporated community of San Bernardino County.

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ADOPTED, SIGNED AND APPROVED this 16th day of May, 2023.

______________________________
Eddie Tejeda, Mayor
ATTEST:

______________________________
Jeanne Donaldson, City Clerk

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I, Jeanne Donaldson, City Cl erk of the City of Redlands, do hereby certify that the foregoing Resolution was duly adopted by the City Council at a regular meeting thereof held on the 16th day of May 2023, by the following vote:

AYES:

NOES:

ABSENT:

______________________________
Jeanne Donaldson, City Clerk

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EXHIBIT A

Pre-Annexation Agreement
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

CITY CLERK'S OFFICE

CITY OF REDLANDS
P.O. BOX 3005
REDLANDS, CA 92373

(THIS SPACE FOR RECORDER'S USE ONLY)

AGREEMENT FOR ANNEXATION AND PROVISION

FOR CITY UTILITY SERVICES

This Agreement for Annexation and Provision of City Utility Services (“Agreement”) is made and entered into this 16th day of May , 2023, by and between the City of Redlands, a municipal corporation organized and existing under the laws of the State of California (“City”) and Home For Our Troops, Inc., a Massachusetts Nonprofit Corporation (“Property Owner”). City and Property Owner are sometimes individually referred to herein as a “Party” and, together, as the “Parties.”

RECITALS

WHEREAS, to provide for orderly planning, City (1) has the authority pursuant to Government Code sections 65300 and 65301 to include within its General Plan property outside its boundaries which is in City's sphere of influence or, which in City's judgment, bears a relation to its strategic planning, and (2) also has the authority pursuant to Government Code section 65859 to pre -zone property within its sphere of influence for the purpose of determining the zoning designation that will apply to such property in the event of a subsequent annexation of the property to City; and

WHEREAS, California case law, including but not limited to, Dateline Bui lders, Inc. v.

City of Santa Rosa (1983) 146 Cal. App. 3d, 520 and County of Del Norte v. City of Crescent City (1999) which state in relevant part that it is not against the law or public policy for a city or county to use utilities as a tool to manage gr owth, provides that a city has no obligation, and may use its sole discretion, to extend utility services outside its corporate boundaries; and

WHEREAS, Property Owner owns a parcel of land generally located at 2340 Mentone Avenue, Mentone, CA 92359 and identified as county of San Bernardino Assessor’s Parcel Number 0298-295-12-0000 (“Property”) in the unincorporated area of the county of San Bernardino within the City’s sphere of influence, as described in Exhibit “A” titled “Site Plan” and Exhibit “B” titled “Grant Deed” has made a request and application to City to receive water service for property located in the unincorporated area of the county of San Bernardino, and has provided evidence satisfactory to City that Property Owner is the fee owner of the Property; and

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WHEREAS, Government Code section 56133 authorizes the City to provide new or extended utility services by contract outside its jurisdictional boundaries if it first receives written approval from the Local Agency Formation Commission for San Bernardino County (“LAFCO”), and provides that LAFCO may authorize City to provide such services within City's sphere of influence in anticipation of a later change of organization; and

WHEREAS, City's General Plan and Chapter 13.60 of the Redlands Municipal Code establish policies and procedures for the approval of City utility services to properties located within the City's sphere of influence and require, among other things, the owner of the property to be served to enter into an agreement, and record the same in the official records of the county of San Bernardino, requiring the property owner to annex the property to City upon certain conditions; and

WHEREAS, City has prepared a General Plan for the unincorporated area in which the Property is located to provide for the orderly planning of such area, and has determined that the proposed development of the Property is consistent with the goals and policies of City's General Plan; and

WHEREAS, it is the policy and goal of City to discourage and not facilitate development in City's sphere of influence which is unwilling and/or fails to comply with City's General Plan and City's development standards by refusing to extend utility services in such instances; and

WHEREAS, pursuant to the requirements of Chapter 13.60 of the Redlands Municipal Code and in consideration of City's agreement to extend utility services outside its jurisdictional boundaries to the Property, Property Owner has entered into this Agreement to provide assurances to City that connection to City’s domestic water system will occur in accordance with the Redlands General Plan and the development standards of the Redlands Municipal Code, and that the Property shall be annexed to City in accordance with this Agreement's terms, provisions and conditions;

NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt of which is hereby acknowledged, the City of Redlands and Property Owner agree as follows:

AGREEMENT

1. Recitals. The foregoing recitals are true and correct.

2. Provision of Utility Services. City agrees to provide domestic water service to the Property consistent with the terms and conditions of this Agreement, provided that the connection complies with all rules and regulations of City governing the extension and provision of utility services to properties located outside City’s boundaries at the time a request by Property Owner for application for a water connection is approved by City's Municipal Utilities and Engineering Department. Nothing herein represents a commitment by City to provide such service unless and until Property Owner complies with all such rules and regulations. As a condition of approval of 64 of 517
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an application for water connection, and prior to receiving any service, Property Owner agrees to pay the full cost of such service as established by City for the extension of utility services to the Property.

3. Agreement to Develop by City Sta ndards. In consideration of City’s agreement to provide City wat er service to the Property, Property Owner shall develop the Property in accordance with the Redlands General Plan and any applicable development standards of the Redlands Municipal Code.

4. Agreement to Annex. In consideration of City's agreement to provide City water service to the Property, Property Owner hereby irrevocably consents to annexation of the Property to City and agrees it shall take any and all reasonable and necessary actions, and fully and in good faith to cooperate with City, to cause the annexation of the Property to City. Property Owner and City agree that in the event City initiates an annexation of the Property, City shall be responsible for the costs of such annexation. In all other instances where the annexation of the Property is proposed to City, Property Owner shall be responsible for such costs.

5. Payment of Fees. As a condition of receiving domestic wat er service from City, Property Owner shall pay to City all then -established applicable development impact fees, and user fees specifically for such domestic water service.

6. Taxes and Assessments. Property Owner hereby consents to the imposition of and agrees that Property Owner shall pay, all taxes and assessments imposed and/or levied by City which may be applicable to the Property at the time the Property is annexed to City.

7. Recordation. By entering into this Agreement, Property Owner and City acknowledge and agree that, among other things, it is the express intention of the Parties that any and all successors in interest, assigns, heirs , and executors of Property Owner shall have actual and constructive notice of Property Owner's obligations under, and the benefits and burdens of, this Agreement. Therefore, this Agreement and any amendments hereof, shall be recorded in the official records of the county of San Bernardino. Property Owner further agrees that City shall, at the sole cost of Property Owner, have the right to cause the recordation of this Agreement.

8. Breach/Failure to Annex In the event Property Owner fails to comply with its obligations under this Agreement or takes any action to protest, challenge, contravene , or otherwise breach any of its obligations or representations under this Agreement, City shall have the right to, without any liability whatsoever, cease the provision of City utility services to the Property. This right shall be in addition to any other legal or equitable relief available to City.

9. Not a Partnership. The Parties specifically acknowledge that Property Owner’s development of the Property is a private project, that neither Party is act ing as the agent of the other in any respect hereunder, and that each Party is an independent contracting entity with respect to the terms, covenants, and conditions contained in this Agreement. No partnership, joint-venture or other association of any kind is formed by this Agreement. The only relationship between City and Property Owner is that of a governmental entity regulating the development of private property and the owner of such property.
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10. Indemnity and Cost of Litigation.

A. Property Owner agrees to and shall hold City, and it 's elected and appointed officials, officers, agents, and employees free and harmless from any and all liability for damage or claims for damage for personal injury, including death, and claims for property damage which may arise from the operations, errors, or omissions of Property Owner or those of its contractors, subcontractors, agents, employees or any other persons acting on Property Owner's behalf which relate to development of the Property. Property Owner agrees to and shall defend, indemnify and hold harmless City, its elected officials, officers, agents, employees , and representatives from all actions for damages caused or alleged to have been caused by reason of Property Owner’s acts, errors, or omissions in connection with the development of the Property. This hold harmless agreement applies to all damages and claims for damages suffered or alleged to have been suffered by reason of Property Owner’s or its representatives’ acts, errors , or omissions regardless of whether or not City supplied, prepared, or approved plans or specifications relating to the development of the Property and regardless of whether or not any insurance policies of Property Owner relating to such development are applicable.

B. Property Owner shall defend, at its expense, including attorneys' fees, indemnify and hold harmless City, and its elected and appointed officials, officers, agents , and employees from any claim, action , or proceeding against any of them to attack, set aside, void or annul the approval of this Agreement or the approval of any permit or entitlement granted in furtherance of this Agreement. City may, in its sole discretion, participate in the defense of any such claim, action or proceeding.

11. Liquidated Damages. In the event that the property is not annexed to City in accordance with the terms of the Agreement, the existing owner of the Property shall pay each year to City, as liquidated damages, a sum equal to the property taxes and any sales taxes the City would have received had the Property been annexed. Failure to make such liquidated damages payments shall be good cause for City to cease service to the Property.

12. Section Headin gs. All section headings and sub- headings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement.

13. Governing Law. This Agreement and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of California.

14. Attorneys' Fees. In the event any action is commenced to enforce or interpret 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 a Party’s use of in-house counsel.

15. Binding Effect. The burdens of this Agreement bind and the benefits of this Agreement inure to the assigns and successors in interest of the Parties.

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16. Authority to Execute. The person or persons executing this Agreement warrant and represent that they have the authority to execute this Agreement on behalf of the legal, fee title owner of the Property.

17. Waiver and Release. Property Owner hereby waives and releases any and all claims it may have against City, and its elected and appointed officials, officers, employees , and agents with respect to any City actions or omissions relating to the development of the Property, and the Parties’ entry into, and execution of, this Agreement. Property Owner makes such waiver and release with full knowledge of Civil Code Section 1542, and hereby waives any and all rights thereunder to the extent of this waiver and release, of such Section 1542 is applicable. Civil Code Section 1542 provides as follows:

"A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

18. Construction. The Parties agree that each Party and its counsel have reviewed this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not apply in the interpretation of this Agreement. The Parties further agree that this Agreement represents a voluntary "arms-length" transaction agreed to by and between the Parties and that each Party has had the opportunity to consult with legal counsel regarding the terms, conditions, and effect of this Agreement.

19. Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the Parties as to the matters contained herein, and there are no oral or written representations, understandings, or ancillary covenants or agreements which are not contained or expressly referenced herein, and no testimony or evidence of any such representations, understandings or covenants shall be admissible in any preceding of any kind or nature to interpret or determine the terms or conditions of this Agreement.

CITY OF REDLANDS HOME FOR OUR TROOPS, INC.

By: ___________________________ By: _____________________________ Eddie Tejeda, Mayor John R. Silvia, Senior Real Estate
Compliance Officer

ATTEST:

By: ___________________________
Jeanne Donaldson, City Clerk

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EXHIBIT “A”

SITE PLAN

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EXHIBIT “B”

GRANT DEED

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Site Plan
Mentone Avenue
Mentone, CA
Annexation Agreement
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City Council/Financing Authority Meeting H. 5.

DATE: 05/16/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Adopt Resolution No. 8469 establishing a four-way stop controlled intersection to replace the current two-way stop control at the Elizabeth Street and Fountain Avenue intersection, and determine that adoption of the resolution 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 recommendation is appropriate, the following motion is provided:

I move to approve Resolution No. 8469.

RECOMMENDATION:

TRAFFIC AND PARKING COMMISSION RECOMMENDATION
On March 23, 2023, the Traffic and Parking Commission unanimously approved a City Council recommendation to establish a four-way stop controlled intersection to replace the current two-way stop control at the Elizabeth Street and Fountain Avenue intersection.

STAFF RECOMMENDATION
Staff recommends City Council approval of Resolution No. 8469 establishing a four-way stop controlled intersection to replace the current two-way stop control at the Elizabeth Street and Fountain Avenue intersection and determine this action is exempt from environmental review pursuant to Section 15301(c) of the State's guidelines implementing the California Environmental Quality Act. 74 of 517
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DISCUSSION:

Recently, several Elizabeth Street residents contacted staff to express concerns regarding vehicle speeds, street curvature, pedestrian traffic, and school traffic along Elizabeth Street and requested the installation of a four-way stop controlled intersection to replace the current two-way stop control at the Elizabeth Street and Fountain Avenue intersection. Currently, stop signs are installed on Fountain Avenue and not on Elizabeth Street. This intersection is located approximately one-third of a mile west of Kimberly Elementary School.

Elizabeth Street curves west of the intersection, which creates limited visibility for eastbound traffic.

Staff performed the required engineering studies to determine whether the installation of a four-way stop sign configuration at the intersection is warranted.

The following criteria were analyzed and only one (1) warrant is necessary to justify the intersection reconfiguration:

Traffic volume
Stopping sight distance
Accident history

Only the stopping sight distance criteria meet the Manual on Uniform Traffic Control Devices (MUTCD) warrant necessary to justify reconfiguring the intersection. The curvature of Elizabeth Street reduces the sight distance such that motor vehicle operators must react very quickly to avoid collisions, which significantly decreases safety at this intersection. Therefore, the installation of four-way stop control at the intersection is appropriate. Edge line striping will be added where sufficient street width exists as an additional safety measure.

Approval of Resolution No. 8469 is exempt from environmental review pursuant to Section 15301(c) of the State's guidelines implementing the California Environmental Quality Act as the project involves no expansion of the existing street.

ALTERNATIVES:

City Council may deny the Traffic and Parking Commission and staff recommendations and provide alternate direction.

STRATEGIC PLAN:

N/A
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SUBMITTED BY:

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

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

Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Chris Boatman, Assistant City Manager
Rachel Tolber, Interim Chief of Police
Rich Sessler, Fire Chief
Goutam K. Dobey, City Engineer
PREPARED BY:

Johana Silva, Assistant Engineer
Fiscal Impact
Fiscal Year: FY 22/23
Appropriation Required Y/N: No
Budgeted Y/N: Yes
Discussion:

There is no fiscal impact associated with the approval of this item. The project includes routine maintenance tasks that are included in the approved FY 22/23 Facilities & Community Services operating budget.

Attachments
Attachment A - Resolution No. 8469
Attachment B - Location Map
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RESOLUTION NO. 8469

A RESOL

UTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS TO

ESTABLISH A FOUR-WAY STOP INTERSECTION AT ELIZABETH STREET AND FOUNTAIN AVENUE PURSUANT TO TITLE 10 OF THE REDLANDS

MUNICIPAL CODE
WHERE
AS, pursuant to studies made under the authority of Title 10 of the Redlands Municipal Code, and the presentation of information contained in such studies, the City Council of the City of Redlands (“this City Council”) has determined that certain traffic regulations are necessary to protect the public health, safety and welfare and should be established pursuant to Title 10 of the Redlands Municipal Code; and
WHERE
AS, staff performed the required e ngineering studies to determine whether the installation of a four-way stop sign configuration at the intersection and found that reconfiguring the intersection.is warranted; and
WHERE
AS, it is the desire of this City Council to replace the existing two -way stop intersection with installation of a four-way stop intersection at Elizabeth Street and Fountain Avenue.

NOW,

THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS:

Section 1. This City Council determines that approval of this Resolution is exempt from environmental review under California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines section 15301(c) which provides an exemption for minor alterations of existing public streets and sidewalks. This City Council finds that the installation of two stop signs to implement this resolution involves negligible or no expansion of an existing use.

Section 2. Pursuant to Section 10.36.010 of the Redlands Municipal Code, this City Council hereby establishes t he installation of a four -way stop intersection at Elizabeth Street and Fountain Avenue.

Section 3. City staff is hereby directed to take all actions to undertake painting and signage to implement this Resolution.

ADOPTED,
SIGNED, AND APPROVED this 16th day of May, 2023.
________________________
Eddi
e Tejeda, Mayor
ATTEST:
____________________________
Jea
nne Donaldson, City Clerk
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I, Jea
nne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting thereof held on the 16th day of May, 2023, by the following vote:

AYES:

NOES
:

ABSENT:

ABSTAIN:
______________________________
Jea
nne Donaldson, City Clerk
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ELIZABETH ST

FOUNTAIN
AVE
1380
333
1405
602
1359
1404
1401
1351
1358
1363
607 1408
620 615
1400
510
1366
Location Map
OneStop.mxd
0 30 60
Feet
Scale
This map was produced by the City of Redlands,
Geographic Information System.

The City of Redlands assumes no warranty or
legal responsibility for the information contained
on this map.

The data used to generate this map is dynamic
in nature, therefore the information shown may
or may not be the most current.

April 5, 2023
.

W3-1
R1-1
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City Council/Financing Authority Meeting H. 6.

DATE: 05/16/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the Second Amendment to the Public Works Contract with Elecnor Belco Electric, Inc. for the University Street and Brockton Avenue Traffic Signal Improvement Project to extend the time for completion by one hundred twenty (120) calendar days (Municipal Utilities and Engineering Director Harris)
MOTION(S):

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

I move that City Council approve the Second Amendment to the Public Works Contract with Elecnor Belco Electric, Inc. for the University Street and Brockton Avenue Traffic Signal Improvement Project to extend the time for completion by one hundred twenty (120) calendar days.

RECOMMENDATION:

Staff recommends City Council approve the Second Amendment to the Public Works Contract with Elecnor Belco Electric, Inc. for the University Street and Brockton Avenue Traffic Signal Improvement Project to extend the time for completion by one hundred twenty (120) calendar days.

DISCUSSION:

On May 17, 2022, City Council approved a Public Works Contract with Elecnor Belco Electric, Inc. (Elecnor) to construct the University Street and Brockton Avenue Traffic Signal Improvement Project (Project) for an amount not-to-exceed $507,745. The Project will improve traffic flow through this heavily congested intersection adjacent to the University of Redlands campus. This intersection is currently stop-sign controlled and will be replaced with four (4) new mast arm traffic signal poles. On November 1, 2022, City Council approved the first amendment to the Contract to extend the time for completion to one 80 of 517
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the first amendment to the Contract to extend the time for completion to one hundred eighty (180) calendar days.

Due to lengthy project material lead times and several weeks of delays due to weather conditions, Elecnor has notified staff that the Project completion time is inadequate. Therefore, staff recommends a Contract amendment to increase the time for completion by one hundred twenty (120) calendar days, resulting in a revised Contract time for completion of four hundred eighty (480) calendar days.

ALTERNATIVES:

City Council may deny the staff recommendation, although doing so would prevent the completion of 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:

Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Goutam K. Dobey, City Engineer
PREPARED BY:

Elva Arellanes, Associate Engineer
Fiscal Impact
Discussion:

There is no fiscal impact associated with this action.

Attachments
A. Second Amendment to Elecnor Belco Contract
B. First Amendment to Elecnor Belco Contract (Reference Only) C. Executed Contract_Belco (Reference Only)
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SECOND AMENDMENT TO PUBLIC WORKS CONSTRUCTION CONTRACT

This second amendment (“Second Amendment”) to the Public Works Construction Contract f or the University Street and Brockton Avenue Traffic Signal Improvements Project dated May 17, 2022 ( the “Contract”), by and between the City of Redlands, a municipal corporation and general law city ( “City”), and Elecnor Belco Electric, Inc. , a California corporation (“Contractor”), is made and entered into this 16th day of May 2023.

RECITALS

WHEREAS, it is the desire of the C ity and Contractor to amend their existing Contract, specifically to amend the Time for Completion of the Contract; and

WHEREAS, the City Council approved the contract with contractor for work in accordance with the Contract Documents for City’s University Street and Brockton Avenue Traffic Signal Improvements Project, Project No. 253007;

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

AGREEMENT

Section 1. The time for completion, as set forth in Section 3 of the Contract, is hereby amended to increase Contractor’s time for completion and shall read as follows:

“TIME FOR COMPLETION: The Work shall be completed within Four Hundred Eighty (480) calendar days from and after the date of City’s issuance of a Notice to Proceed to Contractor.”

Section 2. All other provisions of the Contract shall remain unchanged by this Second Amendment, and in effect.

[SIGNATURES ON NEXT PAGE]

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IN WITNESS WHEREOF, the parties have executed this Second Amendment, to be effective as of the 16th day of May 2023.

CITY OF REDLANDS ELECNOR BELCO ELECTRIC, INC.

________________________________ By: ________________________________ Eddie Tejeda, Mayor Roger DeVito, Sr. Vice President/Assist. Sec.

ATTEST:

__________________________________
Jeanne Donaldson, City Clerk
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City Council/Financing Authority Meeting H. 7.

DATE: 05/16/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Reject all bids received for the Crosswalk Installation Project, Project No. 400024; bids received exceed the available budget and engineer's construction cost estimate for the Project (Municipal Utilities and Engineering Director Harris)
MOTION(S):

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

I move that City Council reject all bids received for the Crosswalk Installation Project, Project No. 400024.

RECOMMENDATION:

Staff recommends City Council reject all bids received for construction of the Crosswalk Installation Project, Project No. 400024.

DISCUSSION:

The Crosswalk Installation Project (Project) includes the construction of crosswalks at four (4) locations, including three (3) locations that lack vehicle traffic control. Staff prepared the plans and specifications and advertised the Project for construction and the City Clerk's office received and opened the following four (4) bids on March 23, 2023:
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BID OPENING REPORT SUMMARY

BIDDER BID AMOUNT

1. Elecnor Belco Electric, Inc, Chino, CA $290,661.00

2. DBX., Inc., Temecula, CA $311,027.00

3. Champion's Structures, Moreno Valley, CA *$325,301.00

4. RE Chaffee, Wrightwood, CA *$400,591.00
Note: Total Bid amount includes the Base Bid plus the Additive "A". *An arithmetic error was discovered in the bid proposal. The total bid amount was corrected but did not affect the ranking.

The bids received exceed the available budget and engineer's construction cost estimate for the Project. Therefore, staff recommends the rejection of all bids received for the Project. If approved, engineering staff will prioritize the Project based on future available funds. Staff may potentially procure pedestrian safety equipment directly from vendors and install signage and stripping in-house to optimize the use of available funds.

ALTERNATIVES:

City Council may deny the staff recommendation and provide alternate direction.

STRATEGIC PLAN:

N/A
SUBMITTED BY:

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

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

Janice McConnell, Assistant City Manager
Goutam K. Dobey, City Engineer
PREPARED BY:

Johana Silva, Assistant Engineer
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Fiscal Impact
Discussion:

There is no fiscal impact associated with this action.

Attachments
Bid Opening Report
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City Council/Financing Authority Meeting H. 8.

DATE: 05/16/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the request for in-kind support for $3,930 related to the The Artlands Walk event hosted by The Artlands Creative to be held on June 3, 2023; approve a request to temporarily close East Vine from Cajon St to 6th Street; authorize the request for the sale and consumption of alcoholic beverages at the event; and determine that the approval of the request is exempt from environmental review pursuant to Section 15311(c) of the state’s guidelines implementing the California Environmental Quality Act (Assistant City Manager Boatman)
MOTION(S):

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

I move that the City Council determine that approval of the event is exempt from environmental review pursuant to Section 15311(c) of the state’s guidelines implementing the California Environmental Quality Act;

1. I move to authorize and approve a request for in-kind support in the amount of $3,930 related to this event;

2. I move to authorize the temporary street closure of East Vine Street from Cajon Street to 6th Street, and;

3. I move to approve the request for the sale and consumption of alcoholic beverages for The Artlands event to be held on June 3, 2023.

4. RECOMMENDATION:

Staff recommends that City Council determine that approval of the event is exempt from environmental review pursuant to Section 15311(c) of the state’s guidelines implementing the California Environmental Quality Act (CEQA) and approve the temporary closure of East Vine from Cajon Street to 6th Street on June 3, 2023, for the Artlands event. Staff further recommends that the City Council direct staff accordingly concerning the request for in-kind support and the request for the sale and consumption of alcoholic beverages. 107 of 517
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DISCUSSION:

The Facilities and Community Services Department manages the administration and issuance of permits for special events held in public areas of the City. Upon the issuance of a special event permit, the event may take place contingent on the event organizer paying the required fees. The City recognizes the value of partnering with non-profit agencies and organizations to provide services beneficial to the community. In an effort to provide support for programs that provide a community benefit, the City Council will, from time to time, consider the authorization of in-kind support including the use of city resources and facilities in support of a special event. The Artlands Creative is requesting approval to temporarily close East Vine Street from Cajon Street to 6th Street for the event. Additionally, they are requesting in-kind support in the amount of $3,930 for departmental resources including Police Personnel.

The Artlands Creative is a non-profit organization operating out of the City of Redlands, CA. The Artlands Creative will be responsible for operating the proposed pouring station and for obtaining the daily license to serve alcohol from the Office of Alcohol Beverage Control. The Artlands Creative is requesting permission to serve beer at the event that will end no later than 7:00 p.m. The City Council's approval is necessary to authorize the consumption of alcohol for this event due to its location. Staff's approval authority is limited to only enclosed public areas in public parks as defined by Resolution No. 7559; therefore, the granting of this request is outside city staff's purview. The event is exempt from the requirements of the California Environmental Quality Act’s guidelines pursuant to Section 15311(c). Section 15311(c), accessory structures Class 11, consists of construction, or replacement of minor structure accessory to existing commercial, industrial, or institutional facilities, including placement of seasonal or temporary use items such as mobile food units, portable restrooms or similar items in generally the same locations from time to time in publicly owned parks or other facilities designed for public use.

ALTERNATIVES:

The City Council may deny the request or waive a portion of the fees.

STRATEGIC PLAN:

Priority A - Quality of Life, Strategic Objective 1. Beautification, Arts and Culture 108 of 517
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SUBMITTED BY:

Chris Boatman, Assistant City Manager
RECOMMENDED BY:

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

Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Rachel N. Tolber, Interim Police Chief
PREPARED BY:

Michelle Groenke, Administrative Assistant
Fiscal Impact
Fiscal Year: 2022-23
Discussion:

In anticipation of the City Council's consideration of this request, staff has compiled the following table outlining costs related to fees established by Resolution of the City Council and departmental charges pertaining to personnel and equipment resources necessary for the support of the event. The departmental charges are costs outside of normal City operations that would not be incurred by the City if the special event was not taking place. Additionally, the cost for 2022 has been left blank as this event has not requested In-kind support in the past.

See Table 1 on next page
TABLE 1
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TABLE 1
Departmental Charges
(Personnel & Equipment)
2023 Amount Type 2022 Amount
Police Personnel1 $2,250.00 Hard
Cost
$
Fire Personnel1 $ Hard
Cost
$
Fire Equipment $ Soft Cost $
Facilities & Community Services
Personnel1
$1,680.00 Hard
Cost
$
Facilities & Community Services
Equipment
$ Soft Cost $
Personnel & Equipment Subtotal $3,930.00 $
Fees Established by City
Council Resolution

Soft Cost
Fees Subtotal $3,930.00 $

Total Departmental Charges and Fees $3,930.00(hard)
$0(soft)
$3,930.00(Total)
Total
1Personnel costs are calculated conservatively assuming the highest staff cost scenario. Actual costs may vary on the day of the event based on the actual staff present. Actual costs will be confirmed following the event and will be included in a reconciliation report presented to the City Council.

The following table summarizes the total estimated costs associated with the use of City resources and waiver of fees approved for events scheduled during Fiscal Year 2022-23 to date:

TABLE 2: FY 2022-23 Fee Waivers to date
Hard Costs Soft Costs Deposits
Refunded
Waiver
Amount
Net
Amount
$215,126.00 $76,771.50 $5,200.00 $291,553.50 $287,197.50 Attachments
In-kind Support Request
Verification of Non-Profit
Authorization to Serve Alcohol
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City Council/Financing Authority Meeting H. 9.

DATE: 05/16/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the agreement with Assertive Security Services & Consulting Group, Inc., for security services at City-owned properties at 2151 Nevada St. and 1950 Nevada St. in an amount not-to-exceed $105,343.68 (Assistant City Manager Boatman) MOTION(S):

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

I move to approve an agreement with Assertive Security Services & Consulting Group, Inc., for the provision of security services at City-owned properties at 2151 Nevada St. and 1950 Nevada St. in an amount not-to-exceed $105,343.68.

RECOMMENDATION:

Staff recommends that the City Council approve an agreement with Assertive Security Services & Consulting Group, Inc., for the provision of security services at city-owned properties at 2151 Nevada St. and 1950 Nevada St. in an amount not-to-exceed $105,343.68.

DISCUSSION:

The City of Redlands oversees and operates the California Street Landfill and the Wastewater Treatment Facility located at the end of Nevada Street, along the Santa Ana River. The California Street Landfill and Wastewater Treatment Facility are adjacent to each other and measure approximately 115 acres and 50 acres, respectively. Both facilities have vehicles, equipment, heavy-duty off-road equipment, and gas collection and control systems that ensure the City is in compliance with Federal, State, and County regulatory requirements. These regulatory requirements include a wide variety of processes in daily operations, routine gas flare emissions, and routine reporting.
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Both facilities have experienced an increase in trespassing, damage to equipment, and theft of property and equipment. The addition of security services will decrease the expenses incurred in repairing damaged equipment and replacing stolen equipment from both facilities. The agreed-upon schedule is seven days per week from 7:00 p.m. to 5:30 a.m. Implementing security services during this period will limit the amount of time that vehicles and equipment go unsupervised.

Staff followed the City's procurement protocol by preparing a Request for Bids (RFB), and on Thursday, March 9, 2023, the City Clerk’s office received and opened 12 bids. Staff evaluated the bids for conformance with the purchasing ordinance, verified the total price as shown in the table below, and checked references. Assertive Security Services & Consulting Group, Inc., met all the bidding requirements and was deemed the apparent lowest responsible bidder.

Staff is recommending that the City Council approve an agreement with Assertive Security Services & Consulting Group, Inc., for an amount not-to-exceed $105,343.68.

Bidder Amount
Assertive Security Services & Consulting Group,
Inc.
$105,343.68
Patrol Vision Security Services, Inc. $111,411.30
Alltech Industries $113,880.00
Power Security Group $114,452.00
Triton Global Services, Inc. $121,888.00
American Global Security $124,176.68
Absolute International Security, Inc. $127,234.38
Public Safety Services $129,324.00
Quest National Security $158,937.94
Patrol Solutions $168,231.76
Citiguard $191,048.00
City Security Patrol $191,100.00
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ALTERNATIVES:

City Council may elect not to approve the agreement and propose an alternate course of action.

STRATEGIC PLAN:

Supports Strategic Plan Priorities A - Quality of Life and B - Public Health and Safety
SUBMITTED BY:

Christopher Boatman, Assistant City Manager
RECOMMENDED BY:

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

Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
John Harris, Municipal Utilities & Engineering Director Dana Abramotvitz-Daniel, Procurement Manager
PREPARED BY:

Nathalie Ayala, Senior Administrative Assistant
Fiscal Impact
Fiscal Year: FY 2022-23
Amount: $52,671.84
Budgeted Y/N: Y
Account No.: 511900-6710
Discussion:

Sufficient funding for this service is included in the Solid Waste (511900) and Wastewater Service (521900) budget for Fiscal Year 2022-2023 as approved by City Council.

Fiscal Year: FY 2022-23
Amount: $52,671.84
Budgeted Y/N: Y
Account No.: 521900-6710
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Discussion:

Sufficient funding for this service is included in the Solid Waste (511900) and Wastewater Service (521900) budget for Fiscal Year 2022-2023 as approved by City Council.

Attachments
A. Agreement with Assertive Security Services
B. City Clerk's Bid Report
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AGREEMENT TO PERFORM PROFESSIONAL SERVICES

This agreement for the provision of professional security services (“Agreement”) is made and entered in this 16th day of May, 2023 (“Effective Date”), by and between the City of Redlands, a municipal corporation (“City”) and Assertive Security Services & Consulting Group, Inc., a California corporation (“Contractor”). City and Consultant are sometimes individually referred to herein as a “Party” and, together, as the “Parties.” In consideration of the mutual promises contained herein, City and Consultant agree as follows:

ARTICLE 1 – ENGAGEMENT OF CONTRACTOR

1.1 City hereby engages Contractor to perform professional security services fo r City (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 Servi ces,” 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 Christopher Boatman, Assistant City Manager , 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 Contractor shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit “A,” titled “Scope of Services,” which is attached hereto and incorporated herein by this reference.

4.2 The term of this Agreement shall be for a period of one (1) year from the Effective Date of this Agreement (the “Initial Term”).
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4.3 If Contractor’s Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made available to City, 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 be in the amount of one hundred five thousand three hundred forty -three dollars and sixty- eight cents ($105,343.68). For the Initial Term, City shall pay Contractor on a time and materials basis up to the not to not-to-exceed amount in accordance with the rates specified in Exhibit “B,” titled “Price and Fee Bid,” which is attached hereto and incorporated herein by 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 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 Maryam Ayam, President/CEO
City of Redlands Assertive Security Services & Consulting 35 Cajon Street Group, Inc.

P.O. Box 3005 (mailing) 20525 Nordoff Street #116
Redlands, CA 92373 Chatsworth, CA 91311
[email protected] [email protected]

(909) 798-7531 (855) 482-7355

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 policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City.
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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 “ C,” 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 Dollars ($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 cove rage, 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

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; 121 of 517
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(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, State ment of Economic Interests , with the City Clerk ’s office pursuant to the written instr uctions 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.

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 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 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 122 of 517
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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 t o 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, any 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, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement.

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

CITY OF REDLANDS ASSERTIVE SECURITY SERVICES &
CONSULTING GROUP, INC.

By: ___________________________ By: _________________________ Eddie Tejeda, Mayor Maryam Ayam, President/CEO

ATTEST:

___________________________
Jeanne Donaldson, City Clerk

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EXHIBIT "A"

SCOPE OF SERVICES

The Scope of Services will consist of Contractor traveling between the California Street Landfill (2151 Nevada St.) and the Wastewater Treatment Facility (1950 Nevada St.) (collectively the “Subject Locations”) and performing the following:

• Days of Service: Seven (7) days/week from 7:00 p.m. to 05:30 a.m. including holidays. • Recognize and respond to security threats or breaches at the Subject Locations. • Immediately contact Redlands Police Department (contact information set forth below) if any security or emergencies occur at the Subject Locations. • Patrol assigned territory to protect and guard properties at the Subject Locations. • Provide all necessary equipment to perform security services of the highest quality. • Prevent trespass, damage, or theft of property and equipment at the Subject Locations by implementing proper security procedures.
• Make continuous rounds and inspections of the Subject Locations to ensure that all gates, doors, and windows are properly closed and secured. Maintain a visible presence at the Subject Locations.
• At all times, while onsite and working, unarmed security guards are to be in uniform and drive vehicles clearly identified as a “security” vehicle.

ADDITIONAL PROVISIONS

CONTACT INFORMATION

Police Emergency: 911
Police Non-Emergency Dispatch: (909) 798-7681 ext.1
Police Non-Emergency: (909) 798-7681
Fire Non-Emergency Dispatch: (909) 798-7600

LABOR

Contractor shall furnish all labor in the performance of this Agreement and establish and maintain an accurate timekeeping and payroll system to ensure that its personnel are paid in accordance with this Agreement. Contractor is required to maintain insurance as outlined in this Agreement.

Contractor is responsible for paying its employees all earned wages, salary, shift pay, taxes, overtime, and benefits pursuant to state and federal law. Contractor shall maintain accurate records of the hours worked and timesheets for each employee shall be submitted with the proper invoice. Contractor employees shall be paid in full for hours worked at the end of the pay period.

Contractor shall maintain adequate staff to assure that all posts are covered according to the post assignments. No post shall ever go dark due to lack of manpower.

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Contractor’s employees shall not reproduce, transmit or remove records, files, documents, or drawings related to the City’s business without the written consent of the City.

Contractor’s employees shall meet high standards of appearance and demeanor, and shall at all times treat employees of the City with the utmost courtesy and respect.

As set forth herein, Contractor shall ensure that all logs, incidents, and daily reports shall be submitted to the City. Contractor shall notify the City of hazards, safety violations, or other conditions that pose an unsafe condition at the Subject Locations.

The City may request additional security services for the protection of a specific location, equipment, material, or person outside the Subject Locations with an amendment to this Agreement.

As set forth herein, Contractor will ensure that all personnel are properly trained for the scope of work they are assigned, as well as the equipment they will be utilizing. Documentation of all training shall be on file with the City prior to Effective Date of this Agreement. Personnel missing training documentation shall not be permitted to perform the services under this Agreement. Contractor will establish and maintain, for the duration of this Agreement, all required basic and annual training programs.

Contractor shall ensure that all personnel are aware of federal, state, and municipal laws governing or potentially involving security officers assigned to the City. Officers shall be required to understand laws relative to questioning, detaining, search and arrest. Officers should be trained in Avoiding Sexual Harassment, Workplace Violence Awareness, and Basic Hazardous Materials Awareness.

REPORTS

Daily Activity Report: This daily report shall be completed by each security officer showing a summary of incidents for the reporting period. This report shall provide a summary of hours of service number and rank of personnel involved in providing that service, critical incidents, problem areas, and any other information that would clearly identify the quality of service provided by Contractor.

Security Notice or Courtesy Report: This report is to be used by all Contractor personnel to advise the City of potential security concerns. This form is integral to security operations as a way of keeping the City informed of these areas.

Incident Report: This report shall provide a summary and information, including photographs when necessary, of actual events/incidents that may occur. These reports will be submitted on an as-needed basis.

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RECRUITMENT AND SELECTION

Contractor shall maintain manpower levels capable of meeting the call-back requirements without regard to riot, war, the enactment, issuance, or operation of any municipal, county, state, or federal law, ordinance or executive, administrative or judicial regulation, order, or decree, or any local or national emergency, or any other similar cause outside of the control of Contractor.

Contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance, integrity, and shall be responsible for taking disciplinary action with respect to its employees.

The City reserves the right to refuse the assignment of any Contractor employee it determines will create a liability for the City.

CONTRACTOR PERSONNEL SELECTION REQUIREMENTS

Contractor personnel shall meet the following minimum requirements before being assigned to the CITY:

a) Possess a valid hard guard registration issued by the State of California. A temporary card is not acceptable.
b) Proof of IRCA eligibility, e.g., Social Security card and immigration documentation. c) Acceptable comprehensive background check relative to criminal history, including felonies, misdemeanor convictions for drugs and alcohol, convictions for violence or hate-related crimes, reckless driving, or driving while under the influence of alcohol or drugs, and driving record check, and drug screening.
d) Posses a valid California Motor Vehicle Operators License. e) One (1) year of experience in security, customer service, loss control, emergency services, public safety, military service, or other related fields. f) Posses valid First Aid and CPR certifications.
g) Have a high school diploma or equivalent.

TRAINING

Basic Training
Contractor shall, within 30 days following the award of this Agreement, certify to the City as to the satisfactory completion of Basic Training of each of its employees assigned to the City. Basic training shall be completed by the Contractor prior to assignment. Required training for all security officers shall include the following:

a) Orientation: To include the Contractor’s Security Program, organizational protocols, public relations, deportment and appearance, reporting and note taking, hazardous materials orientation, review of duties and responsibilities, emergency response overview, and incident reporting and investigation.
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b) Access Control and CCTV Systems (as made available by the City): Proper methods of identifying and verifying employees and visitors.
c) Reporting: Types of reports used by the Contactor, where these reports are sent and why they are necessary.
d) Legal powers and limitation: California Penal Code, use of force, search and seizure, arrest powers. Observation and Patrol: Patrol procedures, crime prevention principles, inspections, and liaison with law enforcement officials. e) Emergency Response: Bomb, contamination, and terrorist threats, fire safety and evacuation, procedures during earthquakes, and medical emergencies. f) Communications Systems: The Contractor and allied radio systems, the Contractor telephone system, and telephone etiquette.
g) Traffic Control and Parking: Access control for vehicles, vehicle identification, and on-site parking control.
h) Report Writing: Basic report writing techniques.
i) Plus additional training, as required.

UNIFORMS/EQUIPMENT/VEHICLES

Contractor shall be responsible for providing all equipment, uniforms, and transportation in performance of this Agreement. Contractor shall supply each security officer with complete uniforms at no cost to Contractor employee. Contractor personnel shall wear the security badge of the firm for whom they work, along with a nameplate. Dress uniforms shall be of a color and style that easily distinguishes the security officers from any police personnel and must be approved by the City.

Contractor will monitor the cleanliness and serviceability of officer uniforms.

Contractor shall provide a vehicle (i.e. bicycle, golf cart, automobile, etc.) for mobility throughout the Subject Locations.

a) Equipment: Contractor shall provide the necessary equipment such as flashlights, clipboards, reflective vests, hand-held radios/cellular phones, and other equipment as approved by the City.
b) Firearms: Contractor personnel assigned to this Agreement are not authorized to carry or have firearms in their possession.

All vehicles, radios, and other required equipment shall be maintained in good working order throughout the length of the contract and shall be replaced when it is deemed necessary by the City.

COMPENSATION AND BENEFITS

Contractor shall be required to pay all wages, salary, shift pay, taxes, and benefits pursuant to state and federal law. Contractor shall maintain accurate records of the hours worked and timesheets for each employee shall be submitted with the proper invoice. Contractor employees shall be paid in full for hours worked at the end of the pay period.

All overtime shall have prior approval from the CITY before assigning overtime hours. 127 of 517
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LAWS
Contractor shall comply with and shall cause all its agents and employees to observe and apply all applicable laws, ordinances, regulations, orders, and decrees in effect or which may become effective during the term of the agreement.

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EXHIBIT "B"

PRICE AND FEE BID

Location Days Hours Weekly Lump Sum Weeks in 1 year Total Price California Street Landfill Monday- Sunday 7:00 pm to 05:30 am $ 1,012.92 52 $ 52,671.84 Wastewater Treatment
Facility
Monday- Sunday 7:00 pm to 05:30 am $ 1,012.92 52 $ 52,671.84 Total $ 105,343.68

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EXHIBIT "C"
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.

ASSERTIVE SECURITY SERVICES & CONSULTING GROUP, INC.

By: Date: ___________________
Maryam Ayam, President/CEO

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City Council/Financing Authority Meeting I. 1.

DATE: 05/16/2023
TO: The Successor Agency Board of Directors
SUBJECT: Presentation of Sister Cities Hino, Japan visit delivered by Roy Cencirulo (Mayor Tejeda)
DISCUSSION:

Presentation of Sister Cities Hino, Japan visit delivered by Roy Cencirulo Attachments
Presentation
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City Council/Financing Authority Meeting I. 2.

DATE: 05/16/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Conference Report- 2023 Regional Conference of the Southern California Association of Governments (SCAG) and General Assembly (Council Member Saucedo)
DISCUSSION:

For this evening’s City Council Meeting, Council Member Saucedo will provide a report relating to his attendance at the 2023 Regional Conference of the Southern California Association of Governments (SCAG) and General Assembly held May 4-5, 2023, at the JW Marriott Desert Springs Resort & Spa in Palm Desert, California.
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City Council/Financing Authority Meeting I. 3.

DATE: 05/16/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Presentation of the 2023 General Fund Revenue
Review (Management Services/Finance Director Garcia)
MOTION(S):

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

I move to receive and file the 2023 General Fund Revenue Review report.

RECOMMENDATION:

Staff recommends that the City Council receive and file the 2023 General Fund Revenue Review report
DISCUSSION:

Creating a sustainable path for the financial management of the City and its resources has been top of mind for the Council and City Manager, as evident from the accomplishments over the past decade: solid reserve levels, sound financial policies established, navigating through a global pandemic, and the passage of the Measure T sales tax.

To build on, and maximize these successes, the City Manager directed staff to perform a recurring review of the City’s main sources of general fund revenue.

Through this effort, the structural balance of the City’s budget can be explored and the revenue trends that define the City’s financial parameters can be analyzed in-depth.

The General Fund Revenue Review 2023 attached will provide a short overview of the report's purpose, summarize the general fund’s revenue structure, briefly discuss the state-local relationship that governs the City’s revenue authority, and examine the City’s top six (6) general fund revenue streams. 145 of 517
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examine the City’s top six (6) general fund revenue streams.

The following is a discussion of both the national and local economic outlooks that will influence the development of the mid-Biennium Review and subsequent budget reports. Various economic forecasts are reviewed in the development of the revenue estimates, including the national and State economic forecasts produced by the Anderson School of Management at University of California – Los Angeles (UCLA) and the Economic Outlook section of the Governor’s CA State Spending Plan. The City also uses consultants that focus on specific revenue categories such as sales and property tax.

Economic Environment

As we consider where we are in the current macroeconomic cycle, it is useful to look back on how we arrived at this point. The months and years following the initial onset of the COVID-19 pandemic saw a very significant amount of liquidity infused into the economy, through various federal and monetary stimulus programs. At the same time, there were supply chain issues, labor shortages, and an increased demand for goods. These factors contributed to the consumer price index reaching a 40-year high in 2022. It was 9.1% in June 2022 while it was usually under 2% annually during the last 12 years. This led the Federal Reserve to implement its most aggressive series of interest rate hikes in 4 decades. Between March 2022 and March 2023, interest rates were raised nine times and a total of 4.75% in an effort to cool broad-based inflation.

The impacts of continued elevated inflation and concerns over a potential recession have caused consumer confidence to fluctuate month-over-month, projecting a slow-down in consumer spending in Fiscal Year (FY) 2024. This has implications for the City’s largest source of General Fund revenue: sales tax.

The uncertain future paths for inflation and Federal Reserve policy pose short-term risks. If high inflation persists longer than expected or if the Federal Reserve policy causes greater pullbacks by businesses or individuals, the economy could tip into a mild recession. This could lead to a steeper decline in investment and interest-sensitive consumption, which, in turn, could cause a larger decline in economic growth and reduced employment and personal income growth.

From a local perspective, the City saw significant recovery from the effects of the pandemic over recent years. The City’s unemployment rate and General Fund revenue streams have all returned to and performed better than their pre-pandemic levels. While some cities that were heavily reliant on the tourism and hospitality industries saw their General Fund revenues decline sharply during the COVID-19 pandemic, the City saw a shift in spending away from the restaurant and hotel sector to the food and drug sector (groceries, drug stores, etc.). To a certain extent, the City’s diverse retail and business landscape enhances its capacity to adapt and bounce back from economic disruptions. 146 of 517
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However, FY 2020 did result in a loss of sales tax revenue for the City of roughly 7% compared to the prior year. Figure 1 below visually presents the economic diversification of the City’s sales tax generators as of the third quarter of 2022.

Figure 1.

Property tax is the second largest source of General Fund revenue and is based on the assessed value of real property within the City. The assessed value of a property is linked to its sale price, inflation and other factors. As can be expected, continuously rising interest rates have impacted many areas of the economy, most significantly the housing market. Housing is one of the most critical sectors of the economy. Both home construction and home price levels accelerated briskly through much of 2021 and the first half of 2022. However, as interest rates began to rise, both property sales and home prices have been declining. Between the second quarter of 2022 and the first quarter of 2023, the median price for single family homes in Redlands dropped by 10.6%, with 41% fewer sales occurring during the first quarter of 2023 as compared to the second quarter of 2022. Additionally, there are a large number of housing units currently under construction and in the development pipeline within the City. Once these housing units are completed, there will be a considerable amount of new housing inventory available for sale. This high inventory, coupled with high mortgage rates, would likely put further downward pressure on home prices.

Figure 2 below illustrates the growth in total assessed property values within the City over the last 12 years. The early- and mid-2010s reflect the impacts of and growth following the great recession. Although there is uncertainty in the 147 of 517
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housing market currently, this revenue stream benefits from the lag between changes in market values and assessed values for tax purposes. The lag occurs due to the amount of time that passes from when a property is sold to when it is reassessed and then another lag until the assessment is collected from the taxpayer. This lag provides that the City’s finances are at least partially insulated from the immediate effects of deterioration in the housing market, but recovery of this revenue stream also lags economic conditions.

The dip in growth seen in 2021 and 2022 reflects some of the impacts experienced in the first few quarters following the onset of the pandemic in 2020. The higher growth in 2023 reflects the intense sale activity in the housing market of late 2021 and 2022. Transfer of ownership (home sales) accounted for nearly 4.5% of the total growth of 5.4%.

Figure 2.

Factors that will influence property tax revenue over the coming years include the amount of new construction anticipated to be added to the County tax rolls, the increase in housing costs and or property sales, and the increase in the consumer price index. Certainly, macroeconomic factors such as unemployment, interest rates and inflation will play a key role as well.

Conclusion

Similar to the outlook regarding the national economy, the local economy is anticipated to weaken near the end of Fiscal Year 2023 and leading into Fiscal Year 2024. However, as several economic indicators have just recently started to weaken, it is very difficult to forecast the length and severity of a possible 148 of 517
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looming recession. Many policies and decisions made at the national level significantly influence the local economy. In order to combat extremely high inflation rates, the Federal Reserve will likely continue raising interest rates – which may further impact the local real estate market – in order to reduce overall economic activity. Taken together, slow to moderate growth is anticipated over the six-year forecast period among economically sensitive revenues such as Property Tax, Sales Tax, Business License Tax, and Transient Occupancy Tax receipts.

ALTERNATIVES:

This presentation is an informational item only. No alternatives are presented.

STRATEGIC PLAN:

N/A
SUBMITTED BY:

Danielle Garcia, Management Services/Finance Director
RECOMMENDED BY:

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

Janice McConnell, Assistant City Manager
Fiscal Impact
Fiscal Year: FY 2023
Discussion:

There is no fiscal impact associated with acceptance of this presentation.

Attachments
Revenue Review Report 2023
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City of

REDLANDS
Incorporated 1888
1 CHARLES M. DUGGAN, JR.

City Manager
35 Cajon Street,
Redlands, CA 92373
909‐798‐7510
[email protected]

City of Redlands
General Fund Revenue Review 2023

Purpose

The City’s General Fund is the largest operating fund within the City. The sources of revenue for this fund include property tax, sales tax, franchise fees, business license tax, hotel (transient) occupancy tax, licenses and permits, fines, fees, and several other sources.  The General Fund provides resources for primary operations of the City, including police, fire, parks, Library, recreation & senior services, public works and general government administration.  The General Fund does not finance any utility operations such as water, sewer, and trash.

Ensuring that the General Fund has adequate resources to support the essential services of the City requires an examination of spending plans, revenue forecasts, and any potential imbalances between the two. Further, in terms of long‐term financial planning, it requires assessing how revenues are structured in order to ensure they are sufficient to support the needs of the local community. This is the purpose of the Revenue Review.

General Fund Revenue Structure

In developing a spending plan for General Fund expenditures, several factors are present. The first is that needs and priorities will always exceed the revenue to support everything that we, as a city, want to accomplish.

Through long‐term financial planning, staff’s goal is to ensure multi‐year budget stability while also addressing, to the extent possible, the City’s basic service needs and the backlog of unmet/deferred infrastructure and maintenance needs. Second, revenue forecasts are built on assumptions. General Fund revenues are projected based on history, known and anticipated future changes, input from city departments and outside sources (such as consultants).  These forecasts consider trend analysis, economic modeling and are governed by a forecasting policy.

A forecasting policy can be either conservative or objective. In a conservative forecasting policy, revenues are systematically underestimated in order to reduce the danger of budgeting more spending that actual revenues will be able to support. An objective approach estimates revenues as accurately as possible. While a conservative approach reduces the risk of a revenue shortfall, it can cause unnecessary financial stress on budgeting and spending. An objective approach, which the City adopted several years ago, avoids this unnecessary constraint, but it comes with a greater chance of experiencing an actual revenue shortfall if the economy fails to perform as expected.  Good budgetary reserve policies, many of which the City has already adopted, help guard against this risk.

Various externally prepared forecasts are reviewed in the development of the City’s revenue estimates, produced by Hinderliter, de Llamas and Associates (HdL) Companies.  Various economic forecasts are reviewed in the development of the revenue estimates as well, including the national and State economic forecasts produced by the Anderson School of Management at University of California – Los Angeles (UCLA) and the Economic Outlook section of the Governor’s CA State Spending Plan.

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2 Lastly, because of the steps involved with collecting and disbursing property and sales tax statewide, cities and local governments do not know the true performance of these revenue streams until the “accrual” period ends 60 days after the end of each fiscal year. There is a large lag between the time when revenues are generated and when they are received by the City. Property tax bills are mailed to property owners in October for the prior year of assessed value. These bills are payable in two installments – one due in December and one due in April each year. The City starts receiving the majority of this revenue halfway into the fiscal year (January through July/August). Sales tax also lags, but not as significantly.  Businesses have roughly 3 weeks after the end of each month to estimate their sales taxes due and remit payment to the state. The state then has 4 weeks to reconcile and disburse these monies according to complex allocation formulas. For example, sales tax generated in July will be remitted to the City at the end of September.  This lag continues throughout the fiscal year.

State‐Local Relationship

The backdrop of any discussion of municipal revenues must be the state‐local relationship and the provisions of the California Constitution that govern that relationship. It has certainly evolved over time.

From time to time, state policy fundamentally shifts how local revenue can be used. In recent years, the state has reallocated local property tax revenue, imposed revenue swaps that delayed local sales tax receipts to fund its own deficit, eliminated redevelopment, and made other changes in local funding arrangements and authority. In response, local governments have successfully proposed initiative measures to restrict state interference with their funding and affairs (Proposition 1A in 2004 and Proposition 22 in 2010, both intended to protect local revenue from state interference).

Cities deliver more public services than any other level of government.  Cities play the largest role in delivering public services to Californians, spending over twice as much per capita as the state.

In California, locally elected officials in cities do their best to match revenues with providing services and facilities needed by their communities. However, a local council member does not have full control over the type or amount of revenue that can be raised or the purpose for the revenue.

Some of the most significant legal limitations on the local revenue‐raising include:

 Property tax rates are fixed and the distribution of property tax to counties, cities, special districts, and school districts is controlled by the legislature.
 Imposing, increasing, or extending any type of tax requires voter approval. o There are only 7 exceptions to the legislative definition of “tax”  Fees for a lease/rental
 Fees for a product/service
 Fees for inspections, p
ermits, or other regulatory costs
 A fine or penalty as a result of a violation of law
 A charge imposed as a condition of property development  Rates related to water, sewer, trash or other public utilities  Fees for the use of local agency facilities and for services may not exceed the reasonable cost of providing those facilities and services.
 Rates for services such as water, sewer, and trash collection are subject to property owner majority protest.

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3 Top Six General Fund Revenue Streams

Historically, property tax has been the largest source of General Fund revenue, comprising roughly 40% of the revenue and sales tax hovering around 25% until recently. In November 2020, voters approved Measure T – an “add‐on” one‐cent sales tax dedicated to the City for reinvestment into public safety, public infrastructure and other general services. The sales tax went into effect April 1, 2021. At the end of FY 2022, when Measure T had been collected for the first full fiscal year, together basic sales tax and Measure T sales tax constituted 44% of General Fund revenues while property tax comprised only 32% of General Fund revenue. Figure 1‐a. below illustrates how the ratio of sales and property tax has changed over the last 12 years.

Figure 1‐a.

The top six (6) revenue categories generate just over 80% of the total projected resources available to support General Fund needs on an annual basis.  Figure 2‐a. below helps to illustrate the breakdown.

Figure 2‐a.

*Revenues in these two categories were adjusted from budgeted amounts based on year‐to‐date receipts being higher. $0
$20
$40
$60
$80
$100
$120
2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Millions
Fiscal Year
General Fund Revenue ‐ Major Sources
Total Revenue
Measure T
Sales Tax
Sales Tax
Property Tax
General Fund
Revenue Sources
Amount As % of Amount As % of Amount As % of
Tota l  Revenues Total  Revenues Total  Revenues
Property Tax 35,544,452        32% 36,425,030        32% 37,376,555        34% Sales Tax 27,566,693        25% 27,892,791        25% 28,051,502        25% Measure T Sales Tax 20,665,478       18% 18,207,000        16% 18,696,000        17% Busine ss L ice nse  T ax 4,799,214         4% 4,892,000          4% 4,900,000          4% Hotel Occupancy Tax 2,055,969         2% 2,100,000          * 2% 1,609,000          1% Franchise Fees 2,625,852         2% 4,524,498          * 4% 2,567,833          2% Total ‐ Top 6 Sources 93,257,658       83% 94,041,319        84% 93,200,890        84% Total Revenues 111,914,708     100% 112,495,977     100% 111,195,134     100% Audited Actual Biennial Budget
FY 2022 FY 2023 FY 2024
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4 Sales Tax has a unique structure that continues to evolve over time.  Various factors have recently affected the City’s distribution of sales tax.  This includes Measure T, the Amazon corporate restructuring, the ongoing equitable distribution debate amongst cities in California, and the “donut hole”.  As noted previously, Measure T added substantially to the City’s revenue stream. With this new revenue, additional accountability is required for its expenditure. Specifically, the Measure T Citizen’s Oversight Committee was established to ensure that Measure T spending represents additional investment in public safety and public infrastructure, both to rebound from the cuts necessitated by the COVID‐19 pandemic and then to make added improvements that address deferred maintenance and reduce response times for emergency services.

In early 2021, one of the state’s largest online retailers (Amazon) shifted its ownership structure so the sales tax it generates is now being entirely allocated to the specific city where the warehouse fulfillment center is located as opposed to going into a countywide pool that is shared with all jurisdictions in that County, as was done previously. This change produced a windfall for the City, as it has two fulfillment centers: one within city limits and one in the “donut hole”.  This change alone has increased sales tax revenues for the City by as much as $1.8 ‐ $2.2 million annually.

The Donut Hole is an unincorporated piece of land in San Bernardino County surrounded entirely by the City of Redlands.  In 2003, the City and the County reached an agreement under which the City would provide municipal services (public safety, water, etc.) to the properties and, in exchange, the City would share in the sales tax generated from the businesses located on those properties. It provided a 20‐year tax sharing horizon: during the first 20 years of the operation of a business located within the donut hole, the City would receive 90% of the sales tax it collected. After 20 years, the City would receive 100% of this revenue.  The City benefited as the commercial and retail development of the donut hole expanded, but this also came with a spike in demand for police and fire services. Additionally, there are numerous large multi‐family housing developments over which the City exercises no design control or development standards. These housing units have greatly strained public safety resources on the west side of the City without adding any additional revenue to the City’s general fund, as the properties generate no sales tax and the City is not entitled to any property tax from these developments.

Because the distribution of sales tax has shifted dramatically after Amazon’s change, many cities in California saw big swings in their General Fund revenues. The change has created winners and losers amongst cities as the online sales tax revenue from the retailer that was once spread amongst all cities in countywide pools is now concentrated in select cities that host a fulfillment center or centers.  The California League of Cities continues to call on the State Legislature to pass legislation that provides for a fair and equitable distribution of the local sales tax from online purchases, based on data where products are shipped to instead of where the fulfillment center is located.  Changes like this will impact the City’s bottom line if sales tax revenues from Amazon were redistributed according to the prior allocation to a County pool or some other, more eq uitable distribution.

Property Tax has continued to be a very strong revenue stream for the City. The City’s General Fund currently derives roughly one third of revenues from property taxes, mainly secured, which is a one percent tax on the assessed valuation of all real property in the City, subject to various exemptions and adjustments.  Property tax is a stable source of revenue, consistently but slowly growing every year with only very rare decreases. This year marks the 11th straight year of growth in the total assessed value in the City. This trend is significant because as the assessed value increases, so too will revenues from property tax.

After a two‐year housing boom spurred largely by record‐low borrowing costs, the local real estate market is cooling down, reflecting the tightened credit environment with high mortgage rates.  While property tax lags current economic conditions due to assessment practices, there is a sense that real estate and home prices will 153 of 517
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5 begin to drop. While growth in assessed value has slowed from an all‐time high of 6.1% in recent years, steady home prices, new construction (both residential and commercial) appear to be on a path to contribute to the City’s growth in assessed value over time.

Figure 3‐a.

One aspect of the Property Tax, which sets it apart from other revenues, is that it is much slower to recover from declines as there is a long lead time from when real estate conditions improve to when these improvements are translated to higher assessments and then show up as higher property tax collections.

Business License Tax has been on a steady path of recovery as many businesses navigated through and out of the COVID‐19 pandemic.  It is typically a lagging indicator of the economy because the tax assessed to an individual business is based on the amount of that business’ prior year gross receipts. There are also other factors in play when it comes to evaluating business license tax revenue. As a result of the pandemic, many new trends in commerce have developed including the delivery economy and the changes in employment trends.  Online platforms like Uber and Lyft say the number of people providing services on their networks is increasing steadily after a sharp decline early in the pandemic.  This economic activity, along with other trends in self‐employment like unreported home‐based businesses, is not necessarily reflected in business license tax revenue.

Also, some smaller businesses, particularly in the hotel & restaurant industry, have survived the pandemic but have not yet returned to enjoying the same margins as they did pre‐pandemic.

Hotel Occupancy Tax is a key form of visitor tax, sometimes called the transient oc cupancy tax (often known by the acronym “TOT”) or hotel bed tax. The City taxes any persons staying 30 days or less in hotels, motels and similar lodgings. The lodging provider is responsible for collecting the tax from guests and turns the funds over to the city.  The accompanying sheets describe each revenue source in detail. Under the hotel occupancy tax section, it is noted that annual revenues from the City’s hotel occupancy tax can vary quite a bit, with year‐over‐year changes between ‐3% to nearly +30% during the last 10 years.  While this revenue source recovered from the pandemic‐related market disruptions, it can still fluctuate greatly.  Impacts related to a possible upcoming recession introduce new uncertainty into this already variable revenue source.

‐2.0%

3.2%

2.7%

5.5% 5.1%

5.6% 5.6% 5.7% 6.1%

4.9%

4.10%

5.42%
‐3.0%
‐2.0%
‐1.0%

0.0%

1.0%

2.0%

3.0%

4.0%

5.0%

6.0%

7.0%
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 % Growth
Fiscal Year
Change in Assessed Value (over prior year)
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6 Franchise Fees are a form of rent for use of public streets and roadways. Examples of businesses that pay franchise fees include cable television companies, electric utilities, and natural gas pipeline companies. Federal and state law limits the amount of some franchise fees (for example, video and cable television franchise fees).

For the City, franchise fees are collected in the Electricity, Gas, and Cable/Internet categories.

Franchise fees are received quarterly from Frontier and Charter Communications (Spectrum), and annually from Southern California Edison and Southern California Gas Company. The franchise fee from the Gas Company represents the largest portion of revenue in this category, mainly due to the City’s largest gas user, Southern California Edison’s power plant.  The Gas Company’s franchise fee in the prior year (2022) was $1.2 million, similar to FY 2021, so it was budgeted flat for this fiscal year at $1.2 million.  The fee is heavily dependent on gas prices and usage, which makes it volatile from year to year. With the surge in gas prices this winter and a variety of other factors, including unusually cold weather, the franchise fee from Southern California Gas Company was the highest ever received at roughly two and a half times its budgeted amount, $3.03 million.

The following pages contain a more in‐depth discussion and analysis of each of six major revenue categories mentioned in this analysis.

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7 Sales (and Use) Tax

General Description:

A tax imposed on the total retail price of any tangible personal property and the use or storage of such property.

California’s sales tax is imposed on retailers for the privilege of selling tangible personal property. A corresponding use tax is imposed on the buyer of tangible personal property if the retailer is out of state or not otherwise required to collect the tax.  There are several transactions exempt from sales tax, including the sale of real property, food sold for home consumption (groceries), prescription medications, and others.

Authority by which revenue imposed:

California Constitution Article XIII sections 25.5(a)(2), 29; Revenue and Tax Code section 7200 et seq.

Process required for rate change:

Legislatively referred constitutional amendment or initiated constitutional amendment, both of which require the majority of voter approval statewide.

However – cities can change/add Transactions & Use tax amounts by majority vote of city voters.

Date and ordinance number of last rate change:

N/A

Remitted by:

Retailers, monthly, to the state

Ten‐year History

Fiscal Year  Revenue  % Change
2013     13,887,291   ‐
2014     14,179,793   2.1%
2015     14,926,925   5.3%
2016     17,232,750   15.4%
2017     16,843,091   ‐2.3%
2018     17,177,492   2.0%
2019     18,838,445   9.7%
2020     17,510,274   ‐7.1%
2021     21,924,279   25.2%
2022     27,566,693   25.7%

Rates charged by other nearby cities:

N/A – this is a uniform tax for all cities.

However, the amount of “add‐on” sales tax, known as a transactions and use tax, varies and will be discussed under that page

Increase in current rates would yield (based in FY 2022 revenues):

N/A

$10
$12
$14
$16
$18
$20
$22
$24
$26
$28
$30
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022

MILLIONS
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8 Special Notes:

Components of the Statewide Sales and Use Tax
State General Fund  3.9375%
Counties – for Health & Welfare  0.5000%
Counties – for Corrections  1.0625%
Cities & Counties for Public Safety (Prop 172)  0.5000% County Transportation Fund  0.7500%
City/County General Funds*  1.0000%
Total Statewide base rate  7.7500%

*This portion is referred to as the Bradley‐Burns Local Sales and Use Tax and, with the exception of an “add‐on” tax like Measure T, this is the only portion of sales tax that the City receives from the 7.75% charged to consumers.
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9 Transactions & Use Tax (Add‐On Sales Tax)

General Description:

An additional tax levy on top of the Bradley‐Burns Local Sales and Use Tax imposed by individual cities or counties when approved by the local jurisdiction’s voters. Generally referred to as sales tax, a transactions and use tax applies to merchandise that is delivered in a jurisdiction that imposes such a tax. Six other cities in San Bernardino County have established add‐on transactions & use taxes.

REDLANDS – Total Sales Tax Rate
Total Statewide base rate  7.7500%
Measure T – “Add‐On” Transactions & Use Tax  1.0000%
Total City of Redlands Rate  8.7500%

Authority by which revenue imposed:

California Constitution Article XIII sections 25.5(a)(6); Revenue and Tax Code sections 7251 et seq. and 7285 et seq.

Process required for rate change:

City to seek voter approval by simple majority if general purpose, and special purpose taxes require 2/3rds majority approval.

Date and ordinance number of last rate change:

Effective 4/1/2021 – Ordinance No. 2913

Remitted by:

Retailers, monthly, to the state

Three‐year History
Fiscal Year
Revenue  Rate  % Change
2020                            ‐     ‐
2021           4,617,190   1%  ‐
2022         20,665,478   1%  348%

“Add‐On” sales tax rates charged by other nearby cities:

Ontario – 0%
Fontana – 0%
San Bernardino – 1%
Rialto – 0%
Victorville – 1%

Increase in current rates would yield (based in FY 2022 revenues):

0.25% ‐ $5.17 million/year

0.50% ‐ $10.33 million/year

0.75% ‐ $15.5 million/year

1.00% ‐ $20.6 million/year
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10 Property Tax

General Description:

Property taxes are an ad valorem tax imposed on real property (land and permanently attached improvements) and tangible personal property (movable property like airplanes) within the state.  Proposition 13 (CA Constitution Article XIII A) limits the real property tax rate to 1 percent of a property’s assessed value.  The assessed value of a property is determined annually by the County Assessor’s Office and, under the provisions of Prop 13, assessments in value may rise no more than 2 percent per year unless there is a change in ownership.

Authority by which revenue imposed:

California Constitution Article XIII and XIII A; Revenue and Tax Code sections 95, 97

Process required for rate change:

Legislatively referred constitutional amendment or initiated constitutional amendment, both of which require the majority of voter approval statewide

Date and ordinance number of last rate change:

Proposition 13 ‐ 1978

Remitted by:

Property owners to the County. County then apportions to all taxing entities (school districts, special districts, cities, etc.).

Ten‐year History

Fiscal Year  Revenue  % Change
2013        21,537,875   ‐
2014        22,674,407   5.3%
2015        23,765,111   4.8%
2016        24,961,376   5.0%
2017        26,720,029   7.0%
2018        28,364,288   6.2%
2019        30,174,703   6.4%
2020        31,998,814   6.0%
2021        33,894,044   5.9%
2022        35,544,452   4.9%

Rates charged by other nearby cities:

N/A

Increase in current rates would yield (based in FY 2022 revenues):

N/A

$10
$15
$20
$25
$30
$35
$40
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022

MILLIONS
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11 Business License Tax

General Description:

Tax on businesses for the privilege of conducting business within the City. The City’s business license tax operates like an excise tax and is imposed on businesses mainly according to their gross receipts. Business licenses can be implemented one of two ways – for revenue‐raising or for regulatory purposes. The City’s business license is imposed for revenue‐raising purposes.

Authority by which revenue imposed:

Government Code section 37101; Business and Professional Code section 16000 et seq.

Process required for rate change:

City to seek voter approval by simple majority if general purpose, and special purpose taxes require 2/3rds majority approval.

Date and ordinance number of last rate change:

Effective 1/1/2023 – Ordinance No. 2936

Remitted by:

Business owners with locations within the City, and business owners outside City limits doing business within the City

Ten‐year History
Fiscal Year  Revenue  % Change
2013          3,131,659
2014          3,305,534   5.6%
2015          3,156,089   ‐4.5%
2016          3,559,713   12.8%
2017          3,443,044   ‐3.3%
2018          3,865,973   12.3%
2019          3,815,435   ‐1.3%
2020          3,951,739   3.6%
2021          4,615,449   16.8%
2022          4,799,214   4.0%

Rates charged by other nearby cities:

The structure of the City’s ordinance sets multiple rates scales for various business types, therefore a comparison is difficult.

Increase in current rates would yield (based in FY 2022 revenues):

The structure of the City’s ordinance sets multiple rates scales for various business types, therefore without a specific rate increase scenario, it is difficult to forecast increases based on raising the tax rate.

$0
$1
$2
$3
$4
$5
$6
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022

MILLIONS
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12 Transient (Hotel) Occupancy Tax

General Description:

General tax imposed on the privilege of using a hotel accommodation. The tax was originally designed to compensate local government for the increased public service costs incurred by serving local tourists.

Authority by which revenue imposed:

Revenue and Tax Code, sections 7280 & 7281.

Process required for rate change:

City to seek voter approval by simple majority if general purpose, and special purpose taxes require 2/3rds majority approval. Nearly all transient occupancy taxes have been imposed as general taxes.

Date and ordinance number of last rate change:

Effective 1/1/1990 – Ordinance No. 2083

Remitted by:

Operators of hotels/motels or their agents, collected from their customers

Ten‐year History
Fiscal Year  Revenue  Rate  % Change
2013              920,695   10%  ‐
2014              948,164   10%  3.0%
2015          1,064,185   10%  12.2%
2016          1,101,655   10%  3.5%
2017          1,393,483   10%  26.5%
2018          1,352,797   10%  ‐2.9%
2019          1,459,321   10%  7.9%
2020          1,416,856   10%  ‐2.9%
2021          1,834,855   10%  29.5%
2022          2,055,969   10%  12.1%

Rates charged by other nearby cities:

Ontario – 11.75%
Fontana – 8%
San Bernardino – 10%
Rialto – 9%
Loma Linda – 10%
Grand Terrace – 10%
Moreno Valley – 13%

Increase in current rates would yield (based in FY 2022 revenues):

0.50% ‐ $102,798

1.00% ‐ $205,597

1.50% ‐ $308,395
$0
$1
$2
$3
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022

MILLIONS
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13 Franchise Fees

General Description:

The City has three different types of franchise fees: cable/video, electricity and gas.  Each type of franchise fee is the payment to the City from a franchisee as “rent” or “toll” for the use of the streets and rights‐of‐way within the City.

Authority by which revenue imposed:

Public Utilities Code section 440 et seq., and section 5800 et seq.; California Constitution Article XI section 7 Public Utilities Code section 6201 et seq. “The Franchise Act”

Process required for rate change:

Cable/video franchises
As of 1/1/2008, municipalities no longer have the authority to issue franchises to video/cable providers.

The State issues franchises to all new cable and video providers for use of public right‐of‐way. In exchange, franchisees pay cities/counties that own those rights‐of‐way 5% of their gross revenues.

Gas, electricity franchises
The Franchise Act of 1937 provides for a franchise fee of 2% of the franchisee’s gross annual receipts arising from the use, operation, or possession of the franchise.

Date and ordinance number of last rate change:

N/A – the City currently has franchise agreements that are set at state maximums (5% for cable/video franchises and 2% for both gas and electric franchises).

Remitted by:

Operators of cable/video, gas, and electricity franchises Ten‐year History

Fiscal
Year  Revenue
%
Change
2013          2,853,021   ‐
2014          3,235,114   13.4%
2015          3,735,682   15.5%
2016          3,079,571   ‐17.6%
2017          3,035,317   ‐1.4%
2018          3,224,053   6.2%
2019          2,221,789   ‐31.1%
2020          2,369,348   6.6%
2021          2,379,571   0.4%
2022          2,625,852   10.3%

Rates charged by other nearby cities:

Most cities charge the maximum allowed by state law.

Increase in current rates would yield (based in FY 2022 revenues):

N/A
$1.0
$1.5
$2.0
$2.5
$3.0
$3.5
$4.0
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022

MILLIONS
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City Council/Financing Authority Meeting I. 4.

DATE: 05/16/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Discussion and possible action to appoint a new City Treasurer to fill the vacancy or call a special election to fill the vacancy (Management Services Director Garcia)
MOTION:

I move to fill the City Treasurer vacancy by [appointment or calling a special election].

RECOMMENDATION:

It is recommended that the City Council consider the alternatives available for filling the vacancy of City Treasurer. The alternatives are to fill the vacancy either by appointment or by special election. After selecting an alternative, the City Council should take action or direct staff to take appropriate action as required by California Government Code Section 36512.

DISCUSSION:

On April 28, 2023, the City lost a significant member of its community and a dedicated public servant in Robert Dawes. Robert was elected City Treasurer in 2012 and held the position up until the day of his unfortunate and untimely passing, with the office becoming immediately vacant. Pursuant to Government Code Section 36512(b), the City Council will have 60 days from the occurrence of the vacancy to either fill the vacancy by appointment or call a special election to fill the vacancy. The special election is required to be held on a date not less than 114 days from the call of the special election. A detailed review of the alternatives follows:

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APPOINTMENT:

An appointment may be made at any regular meeting or at any adjourned or special meeting within the 60-day period, which will end on June 28, 2023. The appointee must be 18 years of age, a Redlands resident and a registered voter in the City. In accordance with Government Code Subsection 36512(b)(2), any person appointed would hold office until the next general municipal election.

The appointment must be made by a majority of the Council.

Immediate Appointment – the Council may appoint an individual to fill the vacant seat at a future meeting without an application process. Under this option, the oath of office can be administered by the City Clerk and the newly appointed City Treasurer could be seated immediately.

A.

Make an Appointment by June ___, 2023 – the Council may elect to have interested parties apply for the vacant seat, with the swearing in to take place at the June 20, 2023 regular meeting. The appointment would be made at a special meeting to be determined prior to June 20th. Applications would be made available in the City Clerk’s office and on the City’s website for that purpose. If the Council pursues this alternative, it may also wish to take any or all of the following actions tonight:

B.

1. Announce the vacancy and solicit applications;

2. Set a filing deadline for the submittal of applications; and

3. Schedule a public meeting to hold interviews and make an appointment.

If Alternative "B" is selected, the City Council should define tonight any procedure for conducting the application and interview process.

Recognizing the 60-day timeline, staff has prepared a draft Notice of Intention to Fill the Vacancy by Appointment and a draft City Treasurer Application Package for the City Council's consideration. The following schedule is proposed:

May 22, 2023 - Issue Notice of Intention to Fill Vacancy by Appointment and post Application Package
May 22, 2023 at Noon - Application Period Opens
June 5, 2023 at 5:00 p.m. - Application Period Closes
June ___, 2023 (Special Council Meeting to be determined) - Applicant Presentation and Interview; Appointment of City Treasurer June 20, 2023 - Swearing in of new City Treasurer
SPECIAL ELECTION (WITHOUT AN INTERIM APPOINTMENT):

A special election may be held on a date not less than 114 days from the date of calling the election. If the City Council determines to hold a special election, the appropriate resolutions will be presented at a future meeting to schedule the 164 of 517
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special election. Until the special election is held, the office of City Treasurer would remain vacant. Following the special election, the successful candidate would serve out the remainder of the term expiring December 2024. If the City Council chooses this option, the City Clerk will provide further information at the Council meeting regarding a potential date on which a special election could be scheduled.

SPECIAL ELECTION BY MAIL BALLOT:

Given that Redlands is a city with a population of 100,000 or fewer, pursuant to Elections Code section 4004, the City Council may call a special election to fill the vacancy by adopting a resolution authorizing an all-mail ballot election.

Section 4004 further provides that such an election may not be held on the same day as a statewide primary or general election. Further, an all-mail ballot election may not be consolidated with any other election.

SUBMITTED BY:

Danielle Garcia, Management Services/Finance Director
REVIEWED BY:

Charles M. Duggan, Jr., City Manager
Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Fiscal Impact
Discussion:

The cost for conducting a special election at-large to fill the City Council vacancy has not been confirmed as of the printing of this agenda; however, based upon past experience, the cost is estimated between $75,000 to $100,000.

Please note the City Clerk may have additional information from the San Bernardino County Registrar of Voters as it relates to the special election costs, scheduling, and the election process at this evening's Council Meeting.

Attachments
Notice to Fill Vacancy
Application for City Treasurer Appointment
Applicant Questionnaire
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City Treasurer Vacancy

Notice of Intention to Fill a Vacancy for
the City Treasurer by Appointment

Notice is hereby given that the City of Redlands is accepting applications for appointment as the City Treasurer to fill a vacancy.

The appointee will hold office until the next General Municipal Election being held in November 20 24.

Therefore, the term of thee City Treasurer seat is from the date of appointment to the date of the swearing- in of a newly elected City Treasurer, which will occur in December 2024.

Applicants must reside in Redlands, be 18 years of age and a registered voter of the City of Redlands and otherwise qualified to vote for this office at the time of appointment.

Applicants may obtain application packets online at www.cityofredlands.org/vacancy or at the office of the City Clerk.

Original application must be received by 5:00 PM, Monday, June 5, 2023. No postmarks or faxes will be accepted. Only fully completed application packets will be accepted.

To be considered for the appointment, all applicants must attend a City Council meeting anticipated to be held on (Date and Time to be determined if Council chooses this option) in the City Council Chambers, 35 Cajon Street, Redlands, California. This date is subject to change. Applicants will be notified of any date change.

Applicants will be allowed five (5) minutes each to make a presentation to the City Council regarding his/her interest, background and qualifications for serving as the City of Redlands Treasurer. Upon completion of their presentations, applicants may receive questions from members of the City Council.

Please note that all deliberations will be conducted in open session and will comply with the requirements of the Brown Act.

It is the City Council’s intent to make an appointment at a Special City Council meeting to be held on (Date/Time TBD). However, as noted above, this date is subject to change.

• Application Period: 12 Noon on Monday, May 22
Through 5:00 PM Monday, June 5, 2023

• Application packets are available from: City Clerk’s Office City of Redlands
35 Cajon St., Suite 4
Redlands, CA 92373
Or on the City website: www.cityofredlands.org

• Completed original application City Clerk’s Office packet must be returned to: City of Redlands
(no postmarks or faxes accepted): 35 Cajon St., Suite 4 Mailing address: P.O. Box 3005
Redlands, CA 92373-1505

• Application Deadline: 5:00 PM on Monday, June 5, 2023

• The City takes no responsibility for application materials sent but not received by the stated deadline. • All applications and accompanying materials are considered public information.

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City of Redlands

APPLICATION

APPOINTMENT OF CITY TREASURER

All applicants must be residents and electors of the City of Redlands. The appointed Treasurer is required to file a Statement of Economic Interest pursuant to the Political Reform Act of 1974.
(Please note that this form is a public record that may be subject to disclosure upon request.)

Applications must be returned by
5:00 PM
Monday, June 5, 2023
City Clerk’s Office
35 Cajon Street, Suite 4
Redlands, CA 92373-1505

Name: _____________________________________________________________ (First) (Middle) (Last)

Address: _____________________________________________________________

City/St/Zip: ____________________________________________________________

Telephone: ____________________________________________________________

Years resided in Redlands: _________ Are you a registered voter? ___________

Occupation: ___________________________________________________________ (If retired, previous occupation)

Employed by: ____________________________________________________ (If retired, last employer)

Years with current employer (If retired, years with last employer): ____________

I will accept the office if appointed: ___________________________________ (Signature)

Date: _____________

A. EDUCATION

School Major Graduation Date and Degree

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City of Redlands

APPLICATION

APPOINTMENT OF CITY TREASURER

B. REDLANDS COMMUNITY SERVICE EXPERIENCE

Organization Served
From To Offices Held

C. PERSONAL REFERENCES
Provide the names, addresses and telephone numbers of six personal references (other than family members).

Name
Address Phone

Thank you for your interest in serving our community as City Treasurer. (Please note that this form is a public record that may be subject to disclosure upon request.) 168 of 517
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Applicant Name:_________________________________________

City of Redlands
City Treasurer Appointment
Applicant Questionnaire

1. Why do you think you are the most qualified candidate to be appointed as the City Treasurer?

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City Council/Financing Authority Meeting J. 1.

DATE: 05/16/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of Ordinance No. 2957 – AN URGENCY

ORDINANCE OF THE CITY COUNCIL OF THE OF REDLANDS,

CALIFORNIA, IN ACCORDANCE WITH GOVERNMENT CODE
SECTION 65858 EXTENDING A MORATORIUM ON CERTAIN

NEW DEVELOPMENT PROJECTS FOR PROPERTIES LOCATED

WITHIN THE COMMERCIAL INDUSTRIAL (EV/IC) DISTRICT OF

THE EAST VALLEY CORRIDOR SPECIFIC PLAN THAT ARE

IDENTIFIED ON THE LIST OF POTENTIAL HOUSING SITES
PREPARED IN CONJUNCTION WITH THE CITY’S 2021-2029
HOUSING ELEMENT (6th CYCLE HOUSING ELEMENT UPDATE)
(Mayor to declare meeting open as a public hearing)
Consideration of a determination of exemption pursuant to Sections 15061(b)(3), 15308, and 15378(b)(5) of the
California Environmental Quality Act Guidelines; and
consideration of Ordinance No. 2957 extending a temporary moratorium on certain development projects for properties located within the Commercial Industrial (EV/IC) district of the East Valley Corridor Specific Plan that are identified on the list of housing sites in the City’s 2021-2029 Housing Element. (Development Services Director Desatnik)
A.

PROCEDURE FOR PUBLIC HEARING:

Mayor declares the meeting open as a public hearing.1.

Mayor calls upon Department Director for report.2.

Mayor calls for questions/comments from members of the City Council.3.

Mayor calls for comments/questions/testimony from members of the public (3 minutes per speaker).

4. Mayor calls upon City Clerk to note any written comments received.5.

Mayor closes the public hearing.6.

City Council considers the motion and votes.7.
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MOTION(S):

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

I move to introduce Ordinance No. 2957.

RECOMMENDATION:

Staff recommends that the City Council adopt Ordinance No. 2957 to extend the temporary moratorium related to Ordinance No. 2939 by twelve (12) months in accordance with Government Code Section 65858(a).

DISCUSSION:

A) Background
On June 7, 2022, the City Council adopted Ordinance No. 2928, an interim ordinance adopting a temporary 45-day moratorium on land use approvals and building permits for new construction that may be approved or issued on fifteen (15) properties located within the Commercial Industrial (EV/IC) district of the East Valley Corridor Specific Plans (see Attachment A - Location Map), except for multi-family housing developments in the Low and Very-Low Income density category (minimum density 30 dwelling units per acre) and Moderate-Income density category (density between 12 to 30 dwelling units per acre) at locations consistent with the City of Redlands 2021-2029 Housing Element.

B) Report on Progress
Government Code Section 65858(d) mandates that at least ten days prior to the expiration of that interim ordinance, the legislative body shall issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance. The expiration date of the moratorium will be June 7, 2023.

The report provided an update on activities since the initial extension of Ordinance No. 2928 on July 19, 2022, including the following tasks.

Worked with the City’s consultant to finalize the last revisions to the 2021-2029 Housing Element Update in response to additional written comments from the California Department of Housing & Community Development (HCD).

Obtained certification of the 2021-2029 Housing Element Update from the California Department of Housing & Community Development (HCD) on September 15, 2022.
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September 15, 2022.

Continued work on the Citywide Zone Map Update.

Executed contract with a consultant to study and analyze housing affordability in Redlands, and conduct research for an Inclusionary Housing Ordinance.

Staff began preparing an Inclusionary Housing Ordinance based on local housing affordability levels.

Received a formal proposal to prepare an Environmental Impact Report (i.e., scope of work, schedule, and cost estimate) from an environmental consultant related to the rezoning of RHNA sites, including the 15 subject parcels.

Seeking possible grant funding through the San Bernardino County Transportation Authority to reimburse the City for all or a portion of the above-referenced EIR cost related to the Housing Element re-zoning actions.

C) Extension of Moratorium
The above-described work by staff will require more time to complete, and EIR preparation will require the remainder of this year and likely into Spring 2024.

Therefore, staff is requesting a second extension (for 12 additional months) as permitted by Government Code Section 65858(a) to allow for completion of the tasks described above. Attachment B provides the ordinance to extend the temporary moratorium for an additional year.

ALTERNATIVES:

The Council may choose not to extend the moratorium, in which case the temporary moratorium will automatically expire on June 7, 2023.

STRATEGIC PLAN:

Priority A, Quality of Life, Economic Vitality: Implement policies and programs to expand the City’s affordable housing opportunities.

Priority B, Public Health and Safety: Enhance services and programs so that all community members are safe, sheltered, and have access to Redlands' core services.

SUBMITTED BY:

Brian Desatnik, Development Services Director
RECOMMENDED BY:

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

Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
PREPARED BY:

Brian Foote, City Planner/Planning Manager
Fiscal Impact
Fiscal Year: FY 2022-23
Revenue Generating: No
Appropriation Required Y/N: No
Discussion:

The proposed moratorium extension will have no fiscal impact.

Attachments
Attachment A-1: Location Map & Aerial Photo
Attachment A-2: Subject Properties
Attachment B: Urgency Ordinance No. 2957
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BARTON RD

NSANMATEO
ST

MISSION RD

TERRACINA BLVD

S SAN MATEO ST

BROOKSIDE AVE

ALABAMA ST

W COLTON AVE

TENNESSEE ST

W REDLANDS BLVD

CALIFORNIA ST
NEVADA
ST

W REDLANDS BLVD

BARTON RD

LIMA ST

VERNA CT

FINO CT

CROCUS STLUPINE ST

RANCHO DR
1ST ST

ROMERO ST

HOWARD PL

PARKER CT

ESSEX CT
PRICE
ST

MILBURN AVE

ROBLE ST

ORANGE AVE

MISSOURI CT

EUREKA ST

MEYER ST

MARTY STJENNIFER ST

KATHI ST

CALVARY CIR

AMIGOS DR

PINE AVE

CITRUS AVE

CLEMENTINE WAY

BELLEVUEAVE

VERNA LN

KANSAS ST

LADERA ST

NEW JERSEY ST

MORNING
D
OVE LN

BERMUDEZ ST

W CITRUS AVE

W PARK AVE

NEW YORK ST

W PARK AVE

W STATE ST

IOWA ST

ORANGE AVE
Location Map
OneStop.mxd
0 550 1,100
Feet
Scale
This map was produced by the City of Redlands,
Geographic Information System.

The City of Redlands assumes no warranty or
legal responsibility for the information contained
on this map.

The data used to generate this map is dynamic
in nature, therefore the information shown may
or may not be the most current.

June 30, 2022
.

SUBJECT

PROPERTIES
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CROCUS ST

IOWA ST

SUNF LO WER ST

HYACINTH AVE

LUPINE ST

GOLDENROD AVE

STORAGE CTSIRIANNI CT

ORANGE AVE

HOWARD PL

NEVADA ST AL ABAMA ST

STATE STCITRUS AVE
029216507
029216509
029216730
029216505
029216508
029216517
029216702
029216729
029216707
029216506
029220120
029216303
029216302
029216728
029216516
0 250 500
Feet
Exhibit A:

August 05, 2021wo1747EVCSpecificPlan O
Rezone Parcels
Parcels Parcels Subject to Interim Prohibition/Moratorium proposed with Ordinance No. 2928
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ORDINANCE NO. 2957

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE OF

REDLANDS, CALIFORNIA, IN ACCORDANCE WITH GOVERNMENT
CODE SECTION 65858 EXTENDING A MORATORIUM ON CERTAIN NEW

DEVELOPMENT PROJECTS FOR PROPERTIES LOCATED WITHIN THE

COMMERCIAL INDUSTRIAL (EV/IC) DISTRICT OF THE EAST VALLEY

CORRIDOR SPECIFIC PLAN THAT ARE IDENTIFIED ON THE LIST OF

POTENTIAL HOUSING SITES PREPARED IN CONJUNCTION WITH THE CITY’S 2021- 2029 HOUSING ELEMENT (6 th CYCLE HOUSING ELEMENT

UPDATE)

THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS:

Section 1. Purpose and Urgency Findings. In accordance with California Government Code section 65858, and in order to protect the public health, safety, and welfare, the City Council of the City of Redlands finds as follows:

A. The City of Redlands (“City”) has prepared and adopted an update to its Housing Element (a part of the City’s General Plan) known as the 6 th Cycle Housing Element Update. This is the statewide effort by many cities and counties as mandated by the California Department of Housing & Community Development (“HCD”). Through this statewide process, HCD, through regional agencies such as the Southern California Association of Governments, allocates a specified number of new housing units to each jurisdiction, and the jurisdiction must then plan accordingly and provide a sufficient amount of land zone properly to accommodate the jurisdiction’s allotment. This process occurs during a Housing El ement Update cycle every eight years. Furthermore, HCD specifies time limits within which a Housing Element Update cycle must be completed and provides penalties for jurisdictions that do not complete their Housing Element Update within the State’s deadlines.

B. The City of Redlands has prepared and adopted its Housing Element (6 th Cycle Housing Element Update) and, in so doing, has prepared a housing inventory and map for future potential housing sites throughout the City with sufficient acreage to accommoda te the City’s required number and density of housing units (known as the Regional Housing Needs Assessment or “RHNA” number). Some of the identified potential housing sites are within an Industrial land use and/or zoning district(s) and will require rezoning to authorize residential development as a permitted land use and at a density sufficient to comply with State requirements. HCD certified the City’s 2021-2029 Housing Element on September 26, 2022.

C. A critical housing shortage is a statewide and regional concern. California is currently experiencing a housing supply crisis, with housing demand exceeding supply. This lack of housing supply in California has resulted in dramatically increasing housing costs across the State and an increased risk that households will be unable to find available and affordable housing. As such, the City’s ability to identify potential local housing sites within the Industrial land use and/or zoning district(s) in the City to be rezoned to residential development as a permitted land use and at a density sufficient to comply with State requirements and consistent 176 of 517
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with the City’s adopted Housing Element is a matter of critical and immediate local concern.

The City’s ability to identify sufficient land area and provide appropriate zoning to accommodate new housing for all persons at all income levels is a matter of public health, safety, and general welfare.

D. To protect the City’s ability to comply with State law and implement its 2021 - 2029 Housing Element in accordance with HCD content requirements as well as time limits, and in order to facilitate the development of sufficient local housing to alleviate the regional and statewide housing crisis, City staff needs time to re -zone certain properties from an Industrial zoning to a residential zoning designation at varies densities to accommodate future housing, to study if certain properties will need to change its land use designation under the General Plan to permit residential land uses (i.e., from Industrial to Residential for consistency with zoning as required by State law), to study the surrounding land uses and other characteristics of properties identified on the list of future housing sites, and study the process by which future housing projects (including lower -income housing, affordable housing, projects with a State density bonus, and/or market rate housing projects) may be subject to discretionary review and at what level.

E. The City has the police power, pursuant to Article XI, Section 7 of the California Constitution, to make and enforce ordinances to regulate the use of land within its jurisdictional boundaries, to the extent such regulations are not in conflict with the general laws of the State of California.

F. Government Code Section 65858 expressly authorizes the City Council, in order to protect the public health, safety, and welfare, to adopt an interim urgency ordinance prohibiting a use that is in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, planning commission, or the planning department is considering or studying or intends to study within a reasonable time, provided that the urgency ordinance shall require a four -fifths (4/5) vote of the legislative body for adoption, and shall be of no further force and effect 45 days from its date of adoption unless duly extended.

G. On June 7, 2022, the City Council adopted Urgency Ordinance No. 2928, an urgency ordinance establishing a 45-day Moratorium on land use approvals and building permit s for new construction may be approved or issued on properties located within the Commercial Industrial (EV/IC) district of the East Valley Corridor Specific Plan identified in Exhibit A, except for multi -family housing developments in the Low and Very- Low Income density category (minimum density 30 dwelling units per acre ) and Moderate -Income density category (density between 12 to 30 dwelling units per acre ) at locations consistent with the City of Redlands 2021-2029 Housing Element; and,

H. On July 19, 2022, the City Council held a duly noticed public hearing and adopted Urgency Ordinance No. 2939, an urgency ordinance extending the Moratorium (originally adopted by Urgency Ordinance No. 2928) by ten (10) months and fifteen (15) days; and,

I. The Moratorium will expire on Ju ne 7, 2023, unless extended pursuant to Government Code Section 65858, which authorizes the City Council, after notice pursuant to Government Code Section 65090 and a public hearing, to adopt an ordinance extending the 177 of 517
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Moratorium for t welve (12) months, upon approval by a four -fifths vote, and upon making the same findings required for initial adoption of the Moratorium; and,

J. The City intends to process a General Plan Amendment and Zone Change to allow residential development as the primary use on certain properties identified on the City’s RHNA housing sites inventory list included in the certified 2021-2029 Housing Element; and,

K. The City wishes to extend the Moratorium for a period of t welve (12) months; and,

L. In accordance with Government Code section 65090, on or about May 5 , 2023, the City Clerk gave notice by publication in a newspaper of general circulation of the holding of a public hearing at which Ordinance No. 2957 would be considered by City Council; and,

M. Adoption of this urgency ordinance extending the interim prohibition/ moratorium will allow the City sufficient time to perform the necessary tasks listed below:

i. Contract with a consultant to prepare the necessary environmental (CEQA) review and analysis for the rezoning of RHNA sites, including the 15 subject parcels identified in Exhibit A.
ii. Proceed to process the rezoning of the RHNA housing sites. iii. Present the RHNA sites rezoning and related environmental (CEQA) document to the Planning Commission for a recommendation to the City Council.

iv. Present the RHNA sites rezoning and related environmental (CEQA) document to the City Council for approval and certification.

v. Complete and present a draft Inclusionary Housing Ordinance to the Planning Commission for a recommendation to the City Council. vi. Present the final Inclusionary Housing Ordinance to the City Council for approval.

N. Accordingly, the City desires to extend, on an urgency basis, a temporary moratorium on all non- residential development projects for certain properties within the Commercial Industrial (EV/IC) district of the East Valley Corridor Specific Plan that are identified on the list of potential housing sites prepared in the conjunction with the City’s 2021-2029 Housing Element
, to further the purposes stated herein.

Section 2. Moratorium.

A. Based on the findings set forth herein for the immediate preservation of the public health, safety, and welfare, and in accordance with the authority granted to the City under Government Code Section 65858, no land use approvals and building permits for a new non- residential construction may be approved or issued on properties located within the Commercial Industrial (EV/IC) district of the East Valley Corridor Specific Plan identified in Exhibit A, 178 of 517
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except for multi -family developments in the Low and Very -Low Income density category (minimum density 30 dwelling units per acre) and Moderate -Income density category (density between 12 to 30 dwelling units per acre) at locations consistent with the City of Redlands certified 2021-2029 Housing Element, excepting therefrom any permits for additions, tenant improvements, repairs, maintenance, signs, and the like on existing permitted uses.

B. Any projects which have received full entitlements, including all necessary CEQA approvals, for new construction on properti es located within the Commercial Industrial (EV/IC) district of the East Valley Corridor Specific Plan identified in Exhibit A, and multi- family housing developments in the Low and Very- Low Income density category (minimum density 30 dwelling units per acr e) and Moderate -Income density category (density between 12 to 30 dwelling units per acre), at locations consistent with the City of Redlands certified 2021- 2029 Housing Element prior to the effective date of this urgency ordinance, and that have commenced substantial construction or incurred expenses in connection with such construction, and for which all applicable appeal periods have run, shall be considered exempt from the application of this urgency ordinance.

C. Based on the findings set forth herein, no land use approval or building permit may be issued or approved for any new development including warehouse/distribution facilities or other commercial/industrial land uses on properties within the Commercial Industrial (EV/IC) District of the East Valley Corridor Specific Plan that have been identified as future housing sites to meet the requirements of the Regional Housing Needs Assessment (2021- 2029 Housing Element) for the effective period of this urgency ordinance .

Section 3. Immediate threat to health, safety and welfare. Based on the findings herein, this urgency ordinance is adopted pursuant to California Government Code section 65858 to address a current and ongoing threat to the public health, safety, and welfare. The City Council has determined that the City’s ability to identify sufficient land area and provide appropriate zoning to accommodate new housing for all persons at all income levels is a matter of public health, safety, and general welfare.

Section 4 . Written Report. Pursuant to Government Code Section 65858, staff has prepared a written report for consideration by the City Council that describes measures taken to address the condition which led to the adoption of this urgency ordinance. The report was provided to the City Council for consideration on May 16, 2023, at least ten (10) days prior to the expiration of the first extension of the urgency ordinance.

Section 5. Moratorium Extension. The City Council hereby extends the Moratorium that no land use approvals and building permits for a new construction may be approved or issued on properties located within the Commercial Industrial (EV/IC) district of the East Valley Corridor Specific Pl an identified in Exhibit A, except for multi -family developments in the Low and Very-Low Income density category (minimum density 30 dwelling units per acre) and Moderate- Income density category (density between 12 to 30 dwelling units per acre ) at locatio ns consistent with the City of Redlands certified 2021-2029 Housing Element, excepting therefrom any permits for additions, tenant improvements, repairs, maintenance, signs, and the like on existing permitted uses. Further, in accordance with Building Industry Legal Defense Foundation v. Superior Court (1999) , this Moratorium shall prohibit the issuance of approvals, permits, 179 of 517
Redlands Regular Meeting of 05-16-23
and/or entitlements pursuant to this section, but shall not prevent the processing of lawfully filed development applications.

Section 6. Duration of Ordinance. The Moratorium is hereby extended for an additional twelve (12) months beyond its expiration date, such that the Moratorium will now expire on June 7, 2024, or until the City Council adopts an ordinance addressing the issues re lated to the City’s ability to identify sufficient land area and provide appropriate zoning to accommodate new housing for all persons at all income levels consistent with the RHNA allocation in the 2021-2029 Housing Element, whichever occurs first. Therea fter, this Moratorium extension shall be of no further force and effect (not more than two extensions may be adopted pursuant to Gov. Code. Section 65858).

Section 7 . Conflicting Laws. For the term of this ordinance, as set forth in Section 6 above, the provisions of this ordinance shall govern over any conflicting provisions of any other City code, ordinance, resolution, or policy.

Section 8 . Exempt from Environmental Review. The City Council has reviewed the matter and, based upon the facts and information contained in the staff report, administrative record, and written and oral testimony, hereby finds as follows:

A. Pursuant to Section 15378(b)(5) of the California Environmental Quality Act (“CEQA”), this urgency ordinance is an organizational or admini strative activity of the City that will not result in direct or indirect physical changes in the environment, and therefore not a project. Additionally, pursuant to CEQA Guidelines Section 15061(b)(3), this urgency ordinance is exempt from CEQA review because there is no possibility that the moratorium may have a significant effect on the environment, insofar as it prohibits the development of certain projects for properties located within the Commercial Industrial (EV/IC) district of the East Valley Corridor Specific Plan that are identified on the RHNA inventory that is part of the 2021-2029 Housing Element. Furthermore, even if the urgency ordinance is considered a project, the proposed moratorium is categorically exempt under CEQA Guidelines Section 15308, because it is clear that the moratorium will not create an environmental impact and the action will assure the maintenance, enhancement, or protection of the environment through the implementation of the 2021-2029 Housing Element. Accordingly, no further environmental review is necessary.

B. Further, as the urgency ordinance is an administrative procedure related to uses, facilities, and regulations, and given that the proposed urgency ordinance is not related to a specific project, the urgency ordinance (i) by virtue of the location of affected improvements, will not impact a sensitive environmental resource of hazardous or critical concern; (ii) will not have a cumulative impact on the environment through successive projects of the same type, in the same place, over time; (iii) does not have any unusual circumstances that will have a significant effect on the environment; (iv) does not impact a scenic highway; (v) is not located on a hazardous waste site; and (vi) will not adversely impact a historical res ource. Accordingly, none of the exceptions to categorical exemptions set forth in the CEQA Guidelines, Section 15300.2, apply to this urgency ordinance.

Section 9. Enforcement. The City may enforce any provision of this urgency ordinance by mandamus, injunction, or any other appropriate civil remedy in any court of competent 180 of 517
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jurisdiction.

Section 10. Urgency Ordinance. This ordinance is an urgency ordinance and shall take effect and be enforced immediately upon adoption by a four-fifths (4/5) vote of the City Council.

Section 11. Severability. If any provision of this urgency ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the urgency ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this urgency ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. By enacting this urgency ordinance, the City ordains that nothing herein shall be deemed to conflict with or duplicate federal or state law, or otherwise to license any activity that is prohibited thereunder except as mandated by such laws.

Section 12. Publication and Posting. The Mayor shall sign this urgency ordinance and the City Clerk shall certify the adoption of this urgency ordinance and shall cause it, or a summary of it, to be published once in a newspaper of general circulation within the City, and thereafter, this ordinance shall take effect in accordance with the law.

Eddie Tejeda, Mayor

ATTEST:

Jeanne Donaldson, City Clerk

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I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing ordinance was duly adopted by the City Council at a regular meeting thereof held on the 16 th day of May, 2023.

AYES:

NOES:

ABSENT:

ABSTAINED:

Jeanne Donaldson, City Clerk
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EXHIBIT “A”
List and Map of Properties Included in this Urgency Ordinance

Assessor’s Parcel Numbers:
0292-163-02-0000
0292-163-03-0000
0292-165-05-0000
0292-165-06-0000
0292-165-07-0000
0292-165-08-0000
0292-165-09-0000
0292-165-16-0000
0292-165-17-0000
0292-167-02-0000
0292-167-07-0000
0292-167-28-0000
0292-167-29-0000
0292-167-30-0000
0292-201-20-0000

(Map Attached)
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City Council/Financing Authority Meeting K. 1.

DATE: 05/16/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of a Professional Services Agreement with Richard Brady & Associates, Inc. to engineer and design standby generators to be constructed at four (4) water facilities for an amount not-to-exceed $507,549, and determination 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 (Municipal Utilities and Engineering Director Harris)
MOTION(S):

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

I move that City Council determine approval of a Professional Services Agreement with Richard Brady & Associates, Inc. to engineer standby generators for use at four (4) water facilities 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 that City Council approve a Professional Services Agreement with Richard Brady & Associates, Inc. for an amount not-to-exceed $507,549.

2. RECOMMENDATION:

Staff recommends that City Council determine approval of the Professional Services Agreement with Richard Brady & Associates, Inc. to engineer standby generators for use at four (4) water facilities is exempt from environmental review pursuant to Section 15061(b)(3) of the State’s Guidelines implementing the California Environmental Quality Act. Staff further recommends City Council approval of a Professional Services Agreement with Richard Brady & Associates, Inc. for an amount not-to-exceed $507,549.
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DISCUSSION:

The City of Redlands water system includes twenty-two (22) wells, forty-four (44) booster pumps, eighteen (18) reservoirs, and more than 450 miles of distribution piping to serve customers in the City of Redlands, Mentone, and parts of Loma Linda and San Bernardino. During scheduled and unscheduled power outages, portable generators are used to supply emergency backup power to ensure continuity of operations. The City owns eight (8) portable generators capable of providing between 100-400 kW of electricity. Larger capacity generators provide sufficient electrical service to support larger facilities such as the Tate and Hinckley Water Treatment Plants. Smaller capacity generators provide electrical service as emergency backup power for wells and booster pumps.

Staff identified four (4) booster pump stations for permanent generator installations. The Agate Pump Station is critical to the City’s overall system reliability since it moves treated water from the Hinckley Water Treatment Plant.

The 5th Avenue Pump Station moves treated water from the Tate Water Treatment Plant to higher-pressure zones. The County Club Pump Station moves drinking water to the highest hydraulic grade line in the City’s storage and distribution system. The Texas Street Pump Station is located at the bottom of the City’s hydraulic profile and moves locally produced well water.

On January 12, 2023, staff issued a Request for Proposal (RFP) for professional services to engineer these four (4) water facility generators. On February 7, 2023, staff received proposals from the following six (6) firms:

BSE Engineering, Inc., San Diego, CA1.

Dahl, Taylor and Associates, Inc., Santa Ana, CA2.

P2S, Inc., Long Beach, CA3.

Richard Brady & Associates, Inc., San Diego, CA4.

The Engineering Partners, Inc., San Diego, CA5.

Yao Engineering, Inc., Pasadena, CA6.

In accordance with Chapter 2.16.180 of the City's Municipal Code, a selection committee reviewed the proposals based on each firm's demonstrated competence and professional qualifications in accordance with specific evaluation criteria identified in the RFP. The selection committee interviewed the three (3) highest-ranked firms in early March 2023. Richard Brady & Associates, Inc. (Brady) was selected as the most qualified consultant to perform the tasks listed in the RFP. Staff negotiated a reasonable consultant fee of $507,549 with Brady and recommends City Council approval of a Professional Services Agreement for that amount.

Approval of a Professional Services Agreement with Brady is exempt from environmental review pursuant to Section 15061(b)(3) of the State's Guidelines implementing the California Environmental Quality Act as there is no possibility this action will result in a significant impact on the environment. 186 of 517
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this action will result in a significant impact on the environment.

ALTERNATIVES:

City Council may deny the staff recommendation and provide alternate direction.

STRATEGIC PLAN:

N/A
SUBMITTED BY:

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

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

Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Goutam K. Dobey, City Engineer
Dana Abramovitz-Daniel, Procurement Manaer
PREPARED BY:

Veronica Medina, Associate Engineer
Fiscal Impact
Fiscal Year: FY 2022-23
Appropriation Required Y/N: No
Budgeted Y/N: Yes
Account No.: 501910
Discussion:

There is no fiscal impact associated with this action. Funding for this project is included in the FY 22/23 Water Projects Budget.

Attachments
Richard Brady Professional Service Agreement
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AGREEMENT TO PERFORM PROFESSIONAL SERVICES

This agreement for the provision of Engineering and Design of Water Facilities Generators (“Agreement”) is made and entered in this 16 th day of May, 2023 (“Effective Date”), by and between the City of Redlands, a municipal corporation (“Ci ty”) and Richard Brady & Associates, Inc. a California Corporation (“Consultant”). City and Consultant are sometimes individually referred to herein as a “Party” and, together, as the “Parties.” In consideration of the mutual promises contained herein, City and Consultant agree as follows:

ARTICLE 1 – ENGAGEMENT OF CONSULTANT

1.1 City hereby engages Consultant to provide Engineering and Design of Water Facilities Generators services for City (the “Services”).

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

ARTICLE 2 – SERVICES OF CONSULTANT

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

2.2 Consultant shall comply wi th applicable federal, state and local laws and regulati ons in the performance of this A greement including, but not limited to, any applicable State prevailing wage laws.

ARTICLE 3 – RESPONSIBILITIES OF CITY

3.1 City designates John R. Harris, Municipal Utilities and Engineering Department Director, as City’s representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive inf ormation, interpret and define City’s policies and decisions with respect to performance of the Services.

ARTICLE 4 – PERFORMANCE OF SERVICES

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

4.2 Consultant shall complete the Services by April 30, 2024, unless the Services are terminated earlier as provided for herein.

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

ARTICLE 5 – PAYMENTS TO CONSULTANT

5.1 Compensation: Total compensation for Consultant ’s performance of the Services shall not exceed the amount of Five Hundred Seven Thousand Five Hundred Forty-Nine Dollars ($507,549). City shall pay Consultant on a time and materials basis up to the not to exceed amount in accordance with Exhibit “ C,” titled “Fee Schedule” which is attached hereto and incorporated herein by reference.

5.2 Consultant s hall submit monthly invoi ces to City describing the Services performed during the preceding month. Consultant’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, and a descri ption of reimbursable expenses related to the Services. City shall pay Consultant no later than thirty (30) days after receipt and approval by City of Consultant’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 deliv ery date if depo sited 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 prop erly posted and full y prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section:

CITY: CONSULTANT:

City Clerk Richard Brady, PE, BCEE, CEO
City of Redlands Richard Brady & Associates, Inc.
35 Cajon Street 10089 Willow Creek Road, Suite 375
P.O. Box 3005 (mailing) San Diego, CA 92131
Redlands, CA 92373 [email protected]
[email protected] Phone: (858) 496-0500
Phone: (909) 798-7531 Fax: N/A

ARTICLE 6 – INSURANCE AND INDEMNIFICATION

6.1 The following insurance coverage required by this Agreement shall be maintained by Consultant for the duration of its performance of the Services. Consultant shall not perform any Services unless and until the required insurance listed be low is obtained by Consultant. Consultant shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services. Insurance policies 189 of 517
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shall include a provision prohibiting cancellation or modificat ion 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 Consultant is self -insured or exempt from the workers’ compensation laws of the St ate of Californi a. Consultant shall execute and provide City with Exhibit “D,” titled “Workers’ Compensation Insurance Certification,” which is attached hereto and incorporated herein by this reference, prior to performance of the Services.

B. Comprehensive General L iability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($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. Consultant shal l secure and maintain professional liability insurance throughout the term of this A greement in the amount of One Million Dollars ($1,000,000) per claim made.

D. Business Auto L iability coverage, with minimum limits of One Million Dollars ($1,000,000) per oc currence, combined single limit bodily injury liability and property damage liability. This coverage shall include all Consultant owned vehicles used in connection with Consultant’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.

E. Consultant is expressly prohibited from assigning or subcontracting any of the Services without the prior written consent of City. In the event of mutual agreem ent by the Parties to assign or subcontract a portion of the Services, Consultant shall add such assignee or subcontractor as an additional insured to the insurance polici es required hereby and provide City with the insurance endorsements prior to any Services being performed by the assignee or subcontractor.

6.2 Consultant shall defend, indemnify and hold harmless City and its elected and appointed officials, employees and agent s from and against any and all claims, losses or 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, Consultant, or its officers, employees and agents in performing the Services.

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ARTICLE 7 – CONFLICTS OF INTEREST

7.1 Consultant 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 Consultant’s Services. Consultant further covenants and represents that in the performance of its duties hereunder, no person having any s uch interest shall perform any Services under this Agreement.

7.2 Consultant agree s it is not a designated employee within the meaning of the Political Reform Act because Consultant:

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, modi fy 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 C ity 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 I nterest Code under Government Code section 87302.

7.3 In the event City determines that Consultant must disclose its financial inte rests, Consultant 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 t he 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, includi ng fees for the use of in-house counsel by a Party.

8.2 Consultant shall not assign any of the Services, except with the prior written approval of City and in s trict compliance with the terms and conditions of this Agreement. Any assignment or attempted assig nment without such prior written consent may, in the sole discretion of City, result in City’s immediate termination of this Agreement. 191 of 517
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8.3 Consultant is for all purposes under this Agreement an independent contractor and shall perform the Services as an inde pendent contractor. Neither City nor any its agents shall have control over the conduct of Consultant or Consultant’s employees, except as herein set forth. Consultant shall supply all necessary tools and instrumentalities required to perform the Services. Assigned personnel employed by Consultant are for its account only, and in no event shall Consultant 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. Consultant shall have no au thority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Consultant 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 prov iding not less than five (5) days prior written notice to Consultant of City’s intent to termin ate. If this Agreement is terminated by City, an adjustment to Consultant’s compensation shall be made, but (1) no amount shall be allowed for anticipate d profit or unperformed Services, and (2) any payment du e Consultant at the time of te rmination may be adjusted to the extent of any additional costs to City occasioned by any default by Consultant. Upon receipt of a termination notice , Consultant shall i mmediately discontinue its provision of the Services and, within five (5) days of the date of the term ination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, des ign calculations, drawings, specifications, reports, estimates, summaries and such oth er information a nd materials as may have been accumulated by Consultant in performing the Services. Consultant shall be compensated on a pro-rata basis for Services completed up to the date of termination.

8.5 Consultant 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 la w, f rom t he date of final payment to Consultant pursuant to this Agreement. Such books shall be available at reasonable times for examination by City at the office of Consultant.

8.6 This Agreement, including the Exhibits incorporated herein by reference, repre sents 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 provide d for h erein, any amendment to this Agreement shall be in writing, approved by City and signed by City and Consultant.

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 thi s 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.

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

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

CITY OF REDLANDS RICHARD BRADY & ASSOCIATES,
INC.

By: ___________________________ By: _________________________ Eddie Tejeda, Mayor Richard Brady, PE, BCEE, CEO

ATTEST:

___________________________
Jeanne Donaldson, City Clerk

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EXHIBIT "A"

SCOPE OF SERVICES

The following Scope of Work details the tasks that the Consultant shall complete with respect to preparing and completing the Engineering and Design of Water Facilities Generators (Project).

This scope of work shall be completed within the schedule period listed in Exhibit “B.”

Task 1 – Project Management

The Consulta nt shall prepare and lead the Project kick -off meeting with the City of R edlands (City) to discuss and review the following items. The Consultant’s key staff shall attend. Items to be discussed are the following:
• Project background, goals, constraints, and approach
• Project reporting/communication protocols/coordination • Critical/high priority scope items
• Quality Assurance and Quality Control methodology
• Provide electronic project design schedule (baseline and monthly progress updates) in searchable PDF and MS Project format. At a minimum, the schedule shall include all major tasks, submittals, review periods, meetings, workshops, and milestones. • Prepare and lead monthly coordination/progress meetings wi th the City. The Consultant shall prepare an agenda, meeting minutes, and PowerPoint presentations (as required) for all meetings for the duration of the project.
• Conduct and demonstrate an effective Quality Assurance and Quality Control (QA/QC) program including the following:
o Monthly invoicing and progress report summarizing work performed, progress to date, pending action items, project budget, and updated schedule.

Deliverables

1. Meeting agendas and presentations

2. All correspondence, submittals, and deliverabl es (drafts and final) shall be submitted in searchable PDF and native format (AutoCAD; MS Word, Excel, Project, PowerP oint, etc.).

3. Monthly invoice and progress report including Project schedule and monthly updates.

Task 2 – Site/Data Review and Surveying

The Consultant shall arrange for site vi sits and for record drawing (as -builts) for the existing pump stations. The Consu ltant shall visit and evaluate each pump station site. Interviews with City engineering and operations staff shall be conducted.

The Consultant shall review the existing record drawings and arrange for site surveying for design purposes. The Consultant shall perform topographic surveys of each site within the City of Redlands, County of San Bernardino, California. The following are the sites to be surveyed:
• 5th Avenue Reservoir (APN 0299291150000)
• Agate Reservoir (APN 0298151370000)
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• Country Club Reservoir (APN 0300461210000 & 0176192120000) • Texas Reservoir (APN 0167171010000)

The limits of the survey at each site shall be to the existing perimeter chain link fencing. No boundary survey shall be performed at this time on any of the properties being surveyed. The topographic survey shall be developed at 1”=20’ scale and include the following items:
• Sufficient spot elevations and break lines to accurately develop contours at a 1.0' interval. • Curbs, gutters, curb ramps and sidewalks
• Paving types
• Location of buildings and existing structures
• Fences, walls, and gates
• Driveways and walkways
• Pavement striping
• Trees and tree wells
• Above ground evidence of utilities
• Light poles, power poles and signage

Survey control shall be tied to the current San Bernardino County adjustment of the California State Plane, NAD83, horizontal coordinate system, and shall be tied vertically to a San Bernardino County benchmark of record.

The final survey drawing shall be delivered in AutoCAD version 2018 format and shall include an interactive surface model, and specific survey point layers. All survey work performed by t he Consultant on this project shall be done under the direct supervision of a Professional Surveyor Licensed in the State of California.

Deliverables

1. The Consulta nt s hall provide electronic copies of all records and site visit photos in native format.

2. Field topographic survey for each pump station site in AutoCAD

Task 3 – Generator Specification

The Consultant shall develop the draft specification for the generators for each pump station. The specifications shall include but are not limited to the following:
• Electrical load requirements
• Fuel type, storage, and containment
• Automatic transfer switches
• Noise requirements/ordinances, and mitigation
• Installation offsets and foundation requirements
• Arc flash requirements
• Site security

AQMD pre-approved generators shall be used where possible.

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The basic generator sizing tasks that the Consultant shall follow are:

1. List of all items that will be powered. The Consultant sha ll work with City staff and operations to decide this at each station.

2. Determine the starting wattage (energy needed to turn it on) and running wattage (energy needed to operate it) for each piece of equipment.

3. Calculate the total power requirement by adding up these kW or KVA figures.

The Consultant shall recommend a generator size with a capacity that is fifteen (15) to twenty (20) percent larger than the requirements.

Deliverables

1. Draft Generator specification in Word and PDF

2. Final Generator specification in Word and PDF

Task 4 – Regulatory Requirements

The Consultant shall review all regulatory requirements and coordination needed for the purchase and installation of the generators. Applications for permits shall be drafted for City review and conse nsus. P articular attention shall be paid to residential areas and noise levels.

Regulatory requirements include but a re not limited to Southern California Edison (SCE), South Coast Air Quality Management District (AQMD), Spill Containment (SPCC), and Calif ornia Environmental Quality Act (CEQA).

Task 4.1: Notice of Exemption
The Consultant shall prepare a Notice of Exemption (NOE) for City signature and shall include a brief description of the project and explanation of why it is exempt from CEQA. The Consultant shall post the NOE at the County Clerk’s office and pay the clerk’s filing fee, to be reimbursed by the City.

This task shall include time for the Consultant to coordina te with the City as project information is developed, as well as time for participation in up to 3 project team meetings.

Task 4.2: Noise Analysis
The Consultant shall analyze noise levels generated by the proposed generators and received by nearby residences and other sensitive land uses. The noise analysis shall focus on demonstrating operational compliance with the City’s noise ordinance and, if needed, identifying mitigation to bring project-related noise below acceptable levels. The Consultant shall measure existing noise levels in the vicinity of the four (4) proposed generator l ocations. The Consultant shall collect product information from the engineering design team and model noise levels generated at each site, comparing the project conditions to ambient levels. The Consultant shall summarize survey results, analysis methods and pre diction results, and any mitigation recommendations in a concise technical memorandum for review by the City. The Consultant shall revise the memorandum based on up to two (2) rounds of City review and prepare a final version of the memo.

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Task 4.3: Air Pollutant Emissions, Health Risk Assessment Screening, and AQMD Permitting Support

All four (4) generators are located near existing residences generators must be permitted with AQMD. Permitting will require estimate of air pollutant emissions and a health risk assessment of the generators using the AQMD Risk Tool, which estimates pollutant health risk from internal combustion engines using a spreadsheet . The Consultant shall estimate criteria air pollutant emissions associated with the project operation using the California Emissions Estimator Model (CalEEMod). The Consultant shall run the AQMD Risk Tool for each of the four (4) generators; if any of the generators fails this screening tool, a formal health risk assessment using a dispersion model would be required.

For each generator, t he Consultant shall prepare application forms required by the AQMD to initiate the Authority to Construct/Permit to Operate (ATC/PTO) process. The Consultant shall develop a process description of the project in clos e coordination with the applicant or its representatives for each of the four (4) generators, though it may be the same or similar depending on design and model. The Consultant shall incorporate emission calculations and the AQMD Risk Tool screening results into the application package for each generator.

During the application package preparation, the Consultant shall correspond and coordinate with AQMD to respond to questions or comments on the application package.

Task 4.4: Spill Prevention, Control, and Countermeasure Plans The Consultant shall prepare a SPCC Plan for each of the generator sites. The Consultant shall submit a draft of each plan t o assist the City with the permitting process for the proposed generators, including APCD, SCE, and DEH approvals. The Consultant shall prepare application forms, collect required attachments, and create submittal packages for the permitting entities.

The Consultant shall respond to comments and questions from the permitting entities and compile supplements to the applications if additional information is requested.

Deliverables

1. Draft Regulatory Requirements Memo in Word and PDF

2. Final Regulatory Requirements Memo in Word and PDF

Task 5 – Budgetary Cost

The Consultant shall prepare estimates of probable constru ction c osts for performing the generator work and related improvements. The Consultant shall prepare cost estimates at the following stages of the project: thirty percent (30%), si xty percent (60%), and ninety percent (90%).

Deliverables

1. Preliminary Design Report in Excel and PDF

2. 30%, 60%, and 90% Submittal in Excel and PDF

3. 100% Submittal (Engineer’s Estimate for Bidding Purposes) in Excel and PDF

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Task 6 – Optional Equipment/Requirements

During design development, t he Consultant may recommend optional equipment or changes to operational equipment and appurtenances, all based upon our knowledge of the existing pump stations, the City’s distribution system, and overall City needs. The Consultant shall prepare a section in the Preliminary Design Report (PDR) that addresses recommended optional equipment and requirements.

Deliverables

1. Optional equipment PDR section in PDF, Excel, and PDF

Task 7 – Report and Plans and Specifications

Preliminary Design Report
The Consultant shall prepare a PDR that includes t he f indings from the previous tasks, and recommendations for installation of a generator at each pump station site. The Table of Contents for the PDR shall include an Executive Summary, findings and data from the site visits including electrical loads, recomme nded generator sizing, site layouts of the generator at each pump station, access to the generator for fuel, structural slab requirements, evaluation of space for electrical equipment, and other general information. An estimated construction schedule for each site shall be developed including major construction tasks and sequencing. During the PDR, the Consultant shall conduct one (1) focus meeting to discuss the electrical, instrumentation and controls design details.

For the thirty percent ( 30%) submi ttal, t he Consultant shall use the field survey and as -built information to begin to develop the construction drawings. The thirty percent ( 30%) submittal shall include the site layouts for the generators for each pump station and a Table of Contents for the detailed technical specifications. The proposed drawing list for each pump station bid set is as follows:

Sheet List
Page Number Drawing Number Drawing Title
1 G-1 Title Sheet
2 G-2 General Notes, Legend, Abbreviations
3 G-3 Existing Conditions Survey
4 D-1 Demo Site Plan
5 C-1 Proposed Site Plan
6 C-2 Civil Details
7 S-1 Structural General Notes & Abbreviations
8 S-2 Generator Foundation & Wall
9 S-3 Transfer Switch Foundation & Details
10 S-4 Structural Details
11 E-1 Electrical General Notes & Abbreviations
12 E-2 Electrical Single Line Diagram
13 E-3 Electrical Site Plan
14 E-4 Electrical Details
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For the sixty percent ( 60%) and ninety percent ( 90%) submittals, the Consultant shall have completed all data gathering, analysis, utility research, and review of all available documentation, and the information shall be reflected on the drawings. Once complete and prior to the sixty percent ( 60%) review workshop, the Consultant shall conduct a field review with plans in hand to review the pr oposed sites to ascertain the conditions of the surrounding environment, discuss pertinent project information, and develop a final opinion of possible impacts, mitigation measures, and alternatives. T he Consultant shall conduct Design Workshops including detailed presentations to District staff at the end of the sixty percent (60%) and ninety percent (90%) design efforts to discuss the project, construction schedule, costs, constraints, and transition to bidding phase. T he Consultant shall receive, documen t, a nd address any District comments provided at the workshops. Full review and addressing of District written comments shall be conducted in addition to the workshop.

The Consultant and the City shall participate in this effort. This field walk/review sh all be repeated prior to the ninety percent ( 90%) submittal to confirm if any changes occurred during the design process and to ensure any changes are reflected on the final drawings.

At the sixty percent ( 60%) and ninety percent ( 90%) design levels, the Consultant shall submit two (2) hard copy sets of: drawings half size on 11 x 17, specifications (front end documents, special conditions, and custom technical specifications); and construction cost estimate electronically.

Deliverables

1. Draft Preliminary Design Report in PDF

2. 30% Submittal in PDF

3. 60% Submittal, 2 Hard Copies in PDF

4. 90% Submittal, 2 Hard Copies in PDF

Task 8 – Prepare Request for Bid (RFB) Package (100% submittal)

The Consultant shall prepare RFB documents in four (4) bid packages consisti ng of detailed design plans and specifications for each pump station. At the 100% design level, t he Consultant shall submit design drawings and specifications signed and sealed by a licensed c ivil or discipline engineer in the State of California, final co st estimate, and specifications ( ‘front-end’ documents, special conditions, and custom technical specifications), final calculations, and all related files submitted electronically. T he Consultant shall address any final District comments on the 100% submittal prior to advertisement.

Contract Documents shall be prepared in accordance with the City ’s latest standard documents.

The Consultant shall utilize the City's existing 'front-end' bidding documents and supplement the City's existing technical specific ations as required. T he Consultant shall prepare complete specifications, including General Conditions (provided by the City), General Requirements , Supplemental Conditions, Technical Specifications, and detailed Bidding Sheets including final Engineers Estimate of costs. The Consultant shall coordinate all activities with SCE to obtain an electrical plan of service if changes are required. The Contract Documents shall include the final 199 of 517
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approved electrical plan of service if required. The SCE permit application shall be submitted in the early stages of the design to allow sufficient time for SCE to prepare the plan of service.

Deliverables

1. Draft RFB package in PDF

2. Final RFB package in PDF

Task 9 – Bid Services

The Consultant shall support the City during t he bidding phase for each of the four (4) bid packages as follows:
• Attend the construction pre-bid walk-thru meeting and participate as appropriate for each bid package
• Provide technical support relative to contractor and/or supplier questions and prepare a response to any questions within four (4) working days during the bidding period • Prepare up to three (3) addenda including plan revisions and revision clouding in the City's standard form, which will be reviewed and issued by City staff. • City staff will review and analyze bids received to provide recommendation of award to lowest responsible and responsive bid.

Deliverables

1. Addenda in PDF

Task 10 – Landscaping Design

Water is a precious resource. The landscape for this project shall be designed so that a minimum amount of water is required. This shall be accomplished by utilizing southern California adaptive plant material and by incorporating native plants when reasonable. The existing plantings shall be evaluated, and determinations shall be made to remove or trim existing trees. The irrigation system shall be an automatic system that shall utilize a new controller and backflow prevention device. Estimated total water u se (ETWU) and maximum applied water use (MAWA) calculations shall be completed for the site to ensure the project conforms to AB -1881, water conservation. The requirement to provide screen planting along the generator area shall be addressed in the planting plans. The proposed plant material used s hall again be regionally appropriate and will be sized and designed to minimize visual impacts.

Public Meeting : Because this project is located in a public area with adjacent residences, the consultant shall hold community meetings so that the residents have the opportunity to be informed and provide their opinions as it relates to the proposed improvements. Community relations are an important component to the successful implementation of this project’s success.

The City shall notify residents and schedule meetings at a public location (recommen dation is to meet at the project site), to facilitate the neighborhood participation meetings where concepts and recommendations that are developed, that will eventually be conceptually presented to the public. Residents shall be encouraged to actively participate in discussion regarding proposed landscaping improvements.
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EXHIBIT "B"

PROJECT SCHEDULE

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EXHIBIT "C"

FEE SCHEDULE

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EXHIBIT "D"
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 insur ed against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Di rector of Industrial Relations, a certificate of consent to self-insure, either as an individual employe r, or as one emp loyer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to s elf-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 La bor 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 s uch provisions before commencing the performance of the w ork 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 emp loy any person in any manner such that I become subject to the workers’ compensation laws of California. However, at any time, if I employ a ny person such that I become subject to the workers’ compensation laws of California, immediately I sh all provide the City with a certificate of consent to s elf-insure, or a certification of workers’ compensation insurance.

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

RICHARD BRADY & ASSOCIATED, INC.

By: Date: ___________________
Richard Brady, PE, BCEE, CEO

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City Council/Financing Authority Meeting K. 2.

DATE: 05/16/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of a construction contract with Onyx Paving Company, Inc. for the 2022 Alley Paving Improvement Project for an amount not-to-exceed $2,082,000; 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 recommendation is appropriate, the following motions are provided:

I move that the City Council determine approval of the contract and construction of the 2022 Alley Paving Improvement Project 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 2022 Alley Paving Improvement Project plans and specifications, and award a construction contract to Onyx Paving Company, Inc. for an amount not-to-exceed $2,082,000.

2. RECOMMENDATION:

Staff recommends City Council determine approval of a construction contract and construction of the 2022 Alley Paving Improvement Project are categorically exempt from environmental review pursuant to Section 15301(c) of the State's guidelines implementing the California Environmental Quality Act. Staff further recommends City Council approve the 2022 Alley Paving Improvement Project plans and specifications, and award a construction contract to Onyx Paving Company, Inc. for an amount not-to-exceed $2,082,000.
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DISCUSSION:

The 2022 Alley Paving Improvement Project (Project) will resurface twenty-three (23) alleys identified on the attached location map (Attachment D). The Project also removes and replaces driveways and sidewalks where necessary, protects existing utilities, trees, power poles, and public and private improvements, replaces damaged survey monuments, constructs drainage facilities, disposes of excess soil and rock material, and restores all areas and improvements to pre-construction conditions. Upon completion of this project, which includes paving of two (2) miles of alleys, 1.5 miles of alleys will remain to be paved out of sixteen (16) total miles of the City's alleys.

Staff prepared plans and specifications, and advertised the Project for construction in March 2023. On April 11, 2023, the City Clerk's office received and opened the following two (2) bids for the Project:

BID OPENING REPORT SUMMARY
Bidder Bid Amount
Onyx Paving Company, Inc., Anaheim, CA $2,082,000
All American Asphalt, Corona, CA $3,192,595
Staff reviewed bids to determine responsiveness to bid requirements, and Onyx Paving Company, Inc. was determined to be the lowest responsive and responsible bidder. Therefore, staff recommends awarding a construction contract to Onyx Paving Company, Inc. for an amount not-to-exceed $2,082,000. If approved, it is anticipated that the Project will be completed within one hundred twenty (120) calendar days.

This project is categorically exempt from environmental review in accordance with Section 15301(c) of the State's guidelines implementing the California Environmental Quality Act as the project involves paving existing alleys within the right-of-way with no increase to existing use.

ALTERNATIVES:

City Council may deny the staff recommendation and provide alternate directions.
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STRATEGIC PLAN:

The project supports Strategic Plan Priority D, Strategic Objective 3.

Infrastructure: Engineer and construct transportation facilities to accommodate all potential users - motorists, cyclists, and pedestrians.

SUBMITTED BY:

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

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

Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Goutam K. Dobey, City Engineer
PREPARED BY:

Elva Arellanes, Associate Engineer
Fiscal Impact
Fiscal Year: FY 2022-23
Appropriation Required Y/N: No
Budgeted Y/N: Yes
Account No.: 101400; 211910; Measure T
Discussion:

There is no fiscal impact associated with this action. The cost for this project is included in the FY 22/23 MUED Budget.

Attachments
A. Onyx Paving Construction Public Work Contract
B. Bid Opening Report
C. Bid Analysis
D. Location Map
Alley Project Plans (for reference)
Specifications (for reference)
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PUBLIC WORK CONSTRUCTION CONTRACT

This Public Work Construction contract (“Contract”) is made and entered into this 16 th day of May, 2023, by and between the City of Redlands, a municipal corporation, organized and existing under the laws of the S tate of California (hereinafter “City”), and Onyx Paving Company Inc., a California Corporation ( 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: 2022 Alley Paving Improvement Project, complete all items as required by th e Contract Documents (as he rein def ined) and Specifications for City’s 2022 Alley Paving Improvement Project, Project No. 400023 (the “Work”).

2. CONTRACT SUM: City shall pay Contractor the sum of two million eighty -two thousand dollars ($2,082,000) 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 Twenty (120) 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 wi ll 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 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 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 it s 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 207 of 517
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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 r espect to all covenants, ag reements, 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 P arties hereto have executed this Contract the day and year first written above.

CITY OF REDLANDS
(SEAL)

By:____________________________________
Eddie Tejeda, 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 and Engineering Department
2022 Alley Paving Improvement Project
Project No. 400023

Every employer, except the Sta te, 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 fur nishing proof sati sfactory to the Director of Industria l 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 insure d against liability fo r 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 activitie s requ ired or perm itted under thi s Agreement. (Labor Code §1861).

_____I affirm tha t 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 pe rson 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 w orkers’ compens ation 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 , 2023.

Onyx Paving Company Inc._______________
(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 Onyx Paving Company Inc. (hereinafter designated as "Principal") ha ve entered into an agreement dated May 16 th, 2023 (“Agreement”) whereby Principal agrees to install and complete certain public improvements (the “Work”), which said Agreement is identified as 2022 Alley Paving Improvement Project, Project No. 400023 and is hereby referred to and made a part hereof; and

Whereas, said Principal is req uired under the terms of the A greement to furnish a bond for the faithful performance of the Work , now, therefore, we, the Principal and, Onyx Paving Company Inc. as Surety, are held and firmly bound unto the City in the penal sum of two million eighty-two thousand dollars ($2,082,000) 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 th e above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to a nd 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, an d in all r espects according to their true intent and meaning, and shall faithfully fulfill the one -year guarantee of all material s 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 inc luded 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 prece dent to the satisfacto ry completion of the Work , the above obligation shall hold good for a period of one (1) year or longer if required by the Agreeme nt 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 pe nal sum ther eof shall remain in full 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 com pleting the Work in accordance with its terms and conditions, and upon determination by Surety of the lowest responsive and respons ible bidder, arrange for a contract between such bidder and the City, and make available as work progre sses sufficient funds to pay the cost of completi on of the Work less the balance of the Agreement price, 211 of 517
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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 Agr eement 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 re ject any contractor or subc ontractor 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 Pr incipal’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 pers on or corporati on 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 stipula tes and agre es that no chan ge, extension of time, alteration or addition to the terms of the Agreement or to the work to be perfo rmed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does h ereby 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 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 S urety above named, on , 2023.

(SEAL) (SEAL)

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

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

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LABOR AND MATERIAL BOND

Whereas, the Ci ty Council of the City of Redlands, State of California, and Onyx Paving Company Inc. (hereinafter designated as “Principal”) have enter ed into an agreement (the “Agreement”) whereby Principal agrees to install and complete certain designated public improvements (the “Work”), which said ag reement, dated May 16 th, 2023, and identified as 2022 Alley Paving Improvement Project, Project No. 400023 is hereby referred to an d made a part hereof; and

Whereas, under the terms of the Agreement, Principal is required before comm ending the performance of the Work, to file a good and sufficient Labor and Material bond with the City of Redlands to se cure the claims to which refer ence 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, s ubcontractors, laborers, material men and other persons employed in the performance of the Ag reement and referred to in the aforesaid Code of Civil Procedure in the sum of two million eighty- two thousa nd dollars ($ 2,082,000) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insura nce 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 reasona ble 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 w ith 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 th at no chan ge, extension of time, alteration or addition to the terms of the Agreement or the specifications accompanying the same shall in any manner af fect its obligations on this b ond, and it does hereby waive notice of any such c hange, extension of time, alteration or addition.

In witness whereof, th is instrument has been duly executed by the Principal and surety above named, on _______________________, 2023.

(SEAL) (SEAL)

(Contractor) (Surety)
BY:
(Signature) (Signature)
Address:_____________________________
(Seal and Notarial Acknowledgement of Surety) ____________________________________ Telephone: ( )___________________
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ATTACHMENT "C"
PROJECT NO. 400023 BID DATE: 11-Apr-2023
2022 Alley Paving Improvement Project EST. START DATE: 29-May-2023 Unit Price Item Price Unit Price Item Price Unit Price Item Price 1 Mobilization (Maximum 5% of total bid price) 1 LS $100,100.00 $100,100.00 $150,000.00 $150,000.00 $0.00 2 SWPPP 1 LS $10,000.00 $10,000.00 $10,000.00 $10,000.00 $0.00 3 Survey (Construction Staking) 1 LS $94,000.00 $94,000.00 $100,000.00 $100,000.00 $0.00 4 Removal of all trash and debris, shrubs, bushes,
tree stumps, pavement and pavement grindings
from right of way
1 LS $583,932.00 $583,932.00 $925,000.00 $925,000.00 $0.00 5 Construct 2.5" AC over 4" Aggregate Base,
Compact Top 6" to 95% compaction 139,775 SF $3.03 $423,518.25 $6.60 $922,515.00 $0.00 6 Construct 2' Wide V-Gutter 10,760 LF $24.00 $258,240.00 $43.00 $462,680.00 $0.00 7 Construct V-Gutter Transition 27 EA $2,000.00 $54,000.00 $2,225.00 $60,075.00 $0.00 8 Construct AC Driveway, 2.5" AC over 4"
Aggregate Base Compacted Top 6" to 95% 7,000 SF $9.00 $63,000.00 $6.77 $47,390.00 $0.00 9 Adjust Manhole to Grade. City to Provide New
MH Frame and Cover as Needed 11 EA $1,000.00 $11,000.00 $1,020.00 $11,220.00 $0.00 10 Construct Concrete Collar 11 EA $900.00 $9,900.00 $570.00 $6,270.00 $0.00 11 Construct 4" Thick PCC Pad 80 SF $20.00 $1,600.00 $42.00 $3,360.00 $0.00 12 Remove and Replace Gutter per SPPWC Standard
No. 120-2 60 SF $100.00 $6,000.00 $53.25 $3,195.00 $0.00 13 Remove and Replace Driveway, 6" Thick PCC
(560-C-3250), Compact Top 6" to 95% 7,730 SF $18.00 $139,140.00 $18.00 $139,140.00 $0.00 14 Install Gravel Back Fill for Vehicle Access 125 SF $40.00 $5,000.00 $70.00 $8,750.00 $0.00 15 Construct 8" PCC curb SPPWC Standard Plan
No. 120-2 655 LF $70.00 $45,850.00 $50.00 $32,750.00 $0.00 16 Construct New Catch Basin per SPPWC Standard
No. 304-3 3 EA $7,500.00 $22,500.00 $5,000.00 $15,000.00 $0.00 17 Construct New 8" SDR35 PVC Storm Drain Line.

Contractor to replace vegetation, soil, and
pavement. Minimum slope 05%. Contractor to
Verify Invert Elevation.
340 LF $125.00 $42,500.00 $160.00 $54,400.00 $0.00
18 Construct New Parkway Drain per SPPWC
Standard No. 151-2. Contractor to verify invert 1 EA $10,000.00 $10,000.00 $8,600.00 $8,600.00 $0.00 19 Remove and Replace 6" Thick PCC Sidewalk
(560-C-3250), Compact Top 6" to 95% 2,170 SF $13.00 $28,210.00 $25.00 $54,250.00 $0.00 20 Demobilization 1 LS $23,509.75 $23,509.75 $28,000.00 $28,000.00 $0.00 21 Unforeseen work not covered within all other bid
items 1 LS $150,000.00 $150,000.00 $150,000.00 $150,000.00 $0.00 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
Active
Active
Fidelity and Deposit Company of Maryland
No
NoYes
Active
No
Active
No

CITY OF REDLANDS

MUNICIPAL UTILITIES & ENGINEERING DEPARTMENT

BID ANALYSIS
Item
No. Bid Item Quantity Unit
Onyx Paving Company,
Inc. All American Asphalt
$0.00$2,082,000.00
Yes
Active
Active
Harco National Insurance Company
$3,192,595.00
Low Bidders #1and #2
Sheet 1 of 1
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2022 ALLEY PAVING PROJECT
LOCATION MAP .

ORANGE ST

W COLTON AVE

E LUGONIA AVE

CAJON ST

W PIONEER AVE

N UNIVERSITY ST
N
CENTER
ST

E PALM AVE

W REDLANDS BLVD

BARTON RD

N CHURCH ST

W FERN AVE

E HIGHLAND AVE

E OLIVE AVE

JUDSON ST

W CYPRESS AVE

E REDLANDS BLVD

E HILTON AVE

FORD ST

BROOKSIDE AVE

W LUGONIA AVE

S CHURCH ST

N CHURCH ST

W PALM AVE

TEXAS ST

W HIGHLAND AVE

E CYPRESS AVE

W CITRUS AVE

E SAN BERNARDINO AVE

E FERN AVE

E PIONEER AVE
N 6TH ST

W OLIVE AVE

S UNIVERSITY ST

GARDENST

E CITRUS AVE

W SAN BERNARDINO AVE

S SAN MATEO ST

S CENTER ST

E REDLANDS BLVD

TENNESSEE ST

E SUNSET DR

E COLTON AVE

PROPOSED ALLEYS
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210
10 10

CITY OF REDLANDS
F-2418 ST 14

BENCHMARK
2022 ALLEY PAVING IMPROVEMENT PROJECT

CITY OF REDLANDS

CONSTRUCTION PLANS FOR
MARCH 2023

VICINITY MAP
NTS
PROJECT No. 400023

TITLE SHEET & VICINITY MAP
1 NORTH
SHEET INDEX:

DENISE DAVIS, COUNCIL MEMBER

PAUL BARICH, MAYOR PRO TEM
CHARLES M. DUGGAN JR., CITY MANAGER

MARIO SAUCEDO, COUNCIL MEMBER

EDDIE TEJEDA, MAYOR

JENNA GUZMAN-LOWERY, COUNCIL MEMBER

JEANNE DONALDSON, CITY CLERK
CITY COUNCIL:

CITY CLERK:

CITY STAFF:

PROJECT NO. 400023
2022 ALLEY PAVING

IMPROVEMENT PROJECT
218 of 517
Redlands Regular Meeting of 05-16-23

CITY OF REDLANDS
14 F-2418 ST
PROJECT NO. 400023
2022 ALLEY PAVING

IMPROVEMENT PROJECT

V-GUTTER TRANSITION DETAIL
N.T.S
2 5.0'

2.0'

0.04' LIP

0.00 FL
% PER PLAN

BACK OF

SIDEWALK

MATCH BACK

OF SIDEWALK

EXISTING

SIDEWALK

EXISTING

DRIVEWAY

V-GUTTER CROSS SECTION SHALL BE TAPERED
FLAT OVER A 5' DISTANCE, PRIOR TO MATCHING
BACK OF SIDEWALK, TO REMOVE 12" LIP
3 1' 1'
R/W

2.0%2.0%
COMPACT TOP 6" OF
SUBGRADE TO 95%
COMPACTION.

CL
2 1

ADJACENT AREA SHALL BE

GRADED FLUSH WITH PER PLAN
4:1 MAX
4:1 MAX
4:1 MAX
4:1 MAX

ADJACENT AREA SHALL BE

GRADED FLUSH WITH PER PLAN
NOTE:

CONTRACTOR TO FIELD VERIFY
ALL EXISTING UTILITIES.

EXISTING GAS

EXISTING SEWER
NOTE:

1. REMOVE ALL: TRASH & DEBRIS, SHRUBS,

BUSHES, TREE STUMPS,PAVEMENT GRINDINGS

AND OLD PAVEMENT FROM RIGHT-OF-WAY

2. CONTRACTOR TO PAVE UP TO DRIVEWAY/

VEHICLE ACCESS OR FENCE LINE EVEN

THOUGH OUTSIDE OF RIGHT OF WAY, WHERE
LESS THAN 2 FEET.
1' 1'

V-GUTTER DETAIL
N.T.S
CONSTRUCT 8" THICK, 2'-WIDE
CONCRETE GUTTER. CONCRETE
SHALL BE 560-C-3250.

CONTRACTION JOINTS EVERY 20'.
1 2" LIP
12" R
(TYP.)
6" WIDE STEEL

TROWEL FINISH
CL
8"
4" OF CRUSHED AGGREGATE BASE
(CAB), CRUSHED MISCELLANEOUS
BASE, FINE MIX (CMB) OR CLASS 2 BASE
(3/4” MAX.) @ 95% COMPACTION.
2 ”
GENERAL NOTES:

ALLEY TYPICAL SECTION
N.T.S1

NOTES AND DETAILS
ACCURACY DISCLAIMER:

ENGINEER'S NOTICE TO CONTRACTOR:
2 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 219 of 517
Redlands Regular Meeting of 05-16-23
3 2 2
2 2
3 10
11 11
8 1
12 12
4 5
1 12
1 1
3 3 1
2 2
2 5
10 5
112
1 1010
2 3
2 2
3 1
10 12 4
1 14
13 CITY OF REDLANDS
14 F-2418 ST
PROJECT NO. 400023
2022 ALLEY PAVING

IMPROVEMENT PROJECT

CAJON ST
ALLEY 1, 2 & 3

CULVERT ST
ALLEY 1
1"=20' NORTH
ALLEY 2
1"=20'

YORK ST
NORTH
1 2
3 4
5 8
10 11
12 13
14 3
ALLEY 3
1"=20' NORTH
1' 1'
R/W

2.0%2.0%
COMPACT TOP 6" OF
SUBGRADE TO 95%
COMPACTION.

CL
2 1

ADJACENT AREA SHALL BE

GRADED FLUSH WITH PER PLAN
4:1 MAX
4:1 MAX
4:1 MAX
4:1 MAX

ADJACENT AREA SHALL BE

GRADED FLUSH WITH PER PLAN
NOTE:

CONTRACTOR TO FIELD VERIFY
ALL EXISTING UTILITIES.

EXISTING GAS

EXISTING SEWER
NOTE:

1. REMOVE ALL: TRASH & DEBRIS, SHRUBS,

BUSHES, TREE STUMPS,PAVEMENT GRINDINGS

AND OLD PAVEMENT FROM RIGHT-OF-WAY

2. CONTRACTOR TO PAVE UP TO DRIVEWAY/

VEHICLE ACCESS OR FENCE LINE EVEN

THOUGH OUTSIDE OF RIGHT OF WAY, WHERE
LESS THAN 2 FEET.

ALLEY TYPICAL SECTION
N.T.S1
220 of 517
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3 2
2 2
3 3
4 10
1 1
1 2
2 2 2
2 2
2 3 3
3 3 3 3
4 10
169
1 10
1 1
11 CITY OF REDLANDS
14 F-2418 ST
PROJECT NO. 400023
2022 ALLEY PAVING

IMPROVEMENT PROJECT

MONTEREY ST
ALLEY 4
1"=20'
NORTH
ALLEY 5
1"=30'
NORTH

LAUREL AVE

OLIVE AVE
ALLEY 4 & 5
1 2
3 4
5 9
10 16
4 1' 1'
R/W

2.0%2.0%
COMPACT TOP 6" OF
SUBGRADE TO 95%
COMPACTION.

CL
2 1

ADJACENT AREA SHALL BE

GRADED FLUSH WITH PER PLAN
4:1 MAX
4:1 MAX
4:1 MAX
4:1 MAX

ADJACENT AREA SHALL BE

GRADED FLUSH WITH PER PLAN
NOTE:

CONTRACTOR TO FIELD VERIFY
ALL EXISTING UTILITIES.

EXISTING GAS

EXISTING SEWER
NOTE:

1. REMOVE ALL: TRASH & DEBRIS, SHRUBS,

BUSHES, TREE STUMPS,PAVEMENT GRINDINGS

AND OLD PAVEMENT FROM RIGHT-OF-WAY

2. CONTRACTOR TO PAVE UP TO DRIVEWAY/

VEHICLE ACCESS OR FENCE LINE EVEN

THOUGH OUTSIDE OF RIGHT OF WAY, WHERE
LESS THAN 2 FEET.

ALLEY TYPICAL SECTION
N.T.S1
221 of 517
Redlands Regular Meeting of 05-16-23
STOP
1 2
2 2
2 1
1 3
10 10 161
1 3
1 16
1 110
10 3
10 5
5 10
3 2 2
2 2
2 1
4 4

CITY OF REDLANDS
14 F-2418 ST
PROJECT NO. 400023
2022 ALLEY PAVING

IMPROVEMENT PROJECT

ALVARADO ST
ALLEY 6 & 7
1"=30'
NORTH
ALLEY 6 & 7

EUREKA ST
1 2
3 4
5 10
16 5

HOME PL
ALLEY 6
ALLEY 7
1' 1'
R/W

2.0%2.0%
COMPACT TOP 6" OF
SUBGRADE TO 95%
COMPACTION.

CL
2 1

ADJACENT AREA SHALL BE

GRADED FLUSH WITH PER PLAN
4:1 MAX
4:1 MAX
4:1 MAX
4:1 MAX

ADJACENT AREA SHALL BE

GRADED FLUSH WITH PER PLAN
NOTE:

CONTRACTOR TO FIELD VERIFY
ALL EXISTING UTILITIES.

EXISTING GAS

EXISTING SEWER
NOTE:

1. REMOVE ALL: TRASH & DEBRIS, SHRUBS,

BUSHES, TREE STUMPS,PAVEMENT GRINDINGS

AND OLD PAVEMENT FROM RIGHT-OF-WAY

2. CONTRACTOR TO PAVE UP TO DRIVEWAY/

VEHICLE ACCESS OR FENCE LINE EVEN

THOUGH OUTSIDE OF RIGHT OF WAY, WHERE
LESS THAN 2 FEET.

ALLEY TYPICAL SECTION
N.T.S1
222 of 517
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16 5
10 2
10 3 1
1 1
10 1 1 1
1 10
1010
5 5
2 5 5
5 5
16 1
4 3
2 3
2 2
1 3
1 5
1 5
1 1
2 222 10
16 1 1
1 10 1
10 1 11
10 3
5 CITY OF REDLANDS
14 F-2418 ST
PROJECT NO. 400023
2022 ALLEY PAVING

IMPROVEMENT PROJECT

CAJON ST

FERN AVE
ALLEY 8 & 9

HOME PL

CYPRESS AVE
ALLEY 8
1"=20'
NORTH
ALLEY 9
1"=20'
NORTH
1 2
3 4
5 10
16 6
1' 1'
R/W

2.0%2.0%
COMPACT TOP 6" OF
SUBGRADE TO 95%
COMPACTION.

CL
2 1

ADJACENT AREA SHALL BE

GRADED FLUSH WITH PER PLAN
4:1 MAX
4:1 MAX
4:1 MAX
4:1 MAX

ADJACENT AREA SHALL BE

GRADED FLUSH WITH PER PLAN
NOTE:

CONTRACTOR TO FIELD VERIFY
ALL EXISTING UTILITIES.

EXISTING GAS

EXISTING SEWER
NOTE:

1. REMOVE ALL: TRASH & DEBRIS, SHRUBS,

BUSHES, TREE STUMPS,PAVEMENT GRINDINGS

AND OLD PAVEMENT FROM RIGHT-OF-WAY

2. CONTRACTOR TO PAVE UP TO DRIVEWAY/

VEHICLE ACCESS OR FENCE LINE EVEN

THOUGH OUTSIDE OF RIGHT OF WAY, WHERE
LESS THAN 2 FEET.

ALLEY TYPICAL SECTION
N.T.S1
223 of 517
Redlands Regular Meeting of 05-16-23
1 1
4 211
2 2
2 2
2 2
2 2
2 2
2 3
3 8
10 8
5 5
10 12
3 3 3 3
3 10 12
5 5
1 1
1 1 1
1 1
1 3
5 2
2 3
4 CITY OF REDLANDS
14 F-2418 ST
PROJECT NO. 400023
2022 ALLEY PAVING

IMPROVEMENT PROJECT
ALLEY 10
ALLEY 10, 11 & 12

HASTINGS STREET
ALLEY 10, 11 & 12
1"=20'
NORTH

SAN MATEO STREET
1 2
3 4
5 8
10 11
12 7
ALLEY 11 ALLEY 12
1' 1'
R/W

2.0%2.0%
COMPACT TOP 6" OF
SUBGRADE TO 95%
COMPACTION.

CL
2 1

ADJACENT AREA SHALL BE

GRADED FLUSH WITH PER PLAN
4:1 MAX
4:1 MAX
4:1 MAX
4:1 MAX

ADJACENT AREA SHALL BE

GRADED FLUSH WITH PER PLAN
NOTE:

CONTRACTOR TO FIELD VERIFY
ALL EXISTING UTILITIES.

EXISTING GAS

EXISTING SEWER
NOTE:

1. REMOVE ALL: TRASH & DEBRIS, SHRUBS,

BUSHES, TREE STUMPS,PAVEMENT GRINDINGS

AND OLD PAVEMENT FROM RIGHT-OF-WAY

2. CONTRACTOR TO PAVE UP TO DRIVEWAY/

VEHICLE ACCESS OR FENCE LINE EVEN

THOUGH OUTSIDE OF RIGHT OF WAY, WHERE
LESS THAN 2 FEET.

ALLEY TYPICAL SECTION
N.T.S1
224 of 517
Redlands Regular Meeting of 05-16-23
1 1
2 2
2 2
2 2
3 5
5 5
5 1
1 10
4 1610
3 1 8 3
1 1
2 2
2 55
5 10 10 5
4 3

CITY OF REDLANDS
14 F-2418 ST
PROJECT NO. 400023
2022 ALLEY PAVING

IMPROVEMENT PROJECT
ALLEY 13 & 14
6TH STREET
ALLEY 13
1"=20' NORTH
7TH STREET
ALLEY 14
1"=20' NORTH
1 2
3 4
5 8
10 16
8 HIGH AVENUE
1' 1'
R/W

2.0%2.0%
COMPACT TOP 6" OF
SUBGRADE TO 95%
COMPACTION.

CL
2 1

ADJACENT AREA SHALL BE

GRADED FLUSH WITH PER PLAN
4:1 MAX
4:1 MAX
4:1 MAX
4:1 MAX

ADJACENT AREA SHALL BE

GRADED FLUSH WITH PER PLAN
NOTE:

CONTRACTOR TO FIELD VERIFY
ALL EXISTING UTILITIES.

EXISTING GAS

EXISTING SEWER
NOTE:

1. REMOVE ALL: TRASH & DEBRIS, SHRUBS,

BUSHES, TREE STUMPS,PAVEMENT GRINDINGS

AND OLD PAVEMENT FROM RIGHT-OF-WAY

2. CONTRACTOR TO PAVE UP TO DRIVEWAY/

VEHICLE ACCESS OR FENCE LINE EVEN

THOUGH OUTSIDE OF RIGHT OF WAY, WHERE
LESS THAN 2 FEET.

ALLEY TYPICAL SECTION
N.T.S1
225 of 517
Redlands Regular Meeting of 05-16-23
1 1
1 1
1 16
10 10
10 10 10 10 10
8 10
10 10 10
10 10
2 2
2 2
2 2
3 3 3 3
4 CITY OF REDLANDS
14 F-2418 ST
PROJECT NO. 400023
2022 ALLEY PAVING

IMPROVEMENT PROJECT
ALLEY 15

KARON STREET

TEXONIA PARK
ALLEY 15
1"=20' NORTH
1 2
3 4
8 10
16 9
1' 1'
R/W

2.0%2.0%
COMPACT TOP 6" OF
SUBGRADE TO 95%
COMPACTION.

CL
2 1

ADJACENT AREA SHALL BE

GRADED FLUSH WITH PER PLAN
4:1 MAX
4:1 MAX
4:1 MAX
4:1 MAX

ADJACENT AREA SHALL BE

GRADED FLUSH WITH PER PLAN
NOTE:

CONTRACTOR TO FIELD VERIFY
ALL EXISTING UTILITIES.

EXISTING GAS

EXISTING SEWER
NOTE:

1. REMOVE ALL: TRASH & DEBRIS, SHRUBS,

BUSHES, TREE STUMPS,PAVEMENT GRINDINGS

AND OLD PAVEMENT FROM RIGHT-OF-WAY

2. CONTRACTOR TO PAVE UP TO DRIVEWAY/

VEHICLE ACCESS OR FENCE LINE EVEN

THOUGH OUTSIDE OF RIGHT OF WAY, WHERE
LESS THAN 2 FEET.

ALLEY TYPICAL SECTION
N.T.S1
226 of 517
Redlands Regular Meeting of 05-16-23
1 2
2 2
2 2
2 2
10 4
1 1 1
1 1 1
13 510
510
3 3 3
4 1
6 76 7
1 11 1 11 1
2 2
2 2
2 2
3 3
3 3
10 16
4 5
1010 5 10
5 5
10 5
4 6 7

CITY OF REDLANDS
14 F-2418 ST
PROJECT NO. 400023
2022 ALLEY PAVING

IMPROVEMENT PROJECT

DREKA AVENUE

SAN BERNARDINO AVE
ALLEY 16 & 17

PIONEER AVENUE

DREKA AVE
ALLEY 16
1"=20'
NORTH
ALLEY 17
1"=20'
NORTH
1 2
3 4
5 6
7 10
16 10
1' 1'
R/W

2.0%2.0%
COMPACT TOP 6" OF
SUBGRADE TO 95%
COMPACTION.

CL
2 1

ADJACENT AREA SHALL BE

GRADED FLUSH WITH PER PLAN
4:1 MAX
4:1 MAX
4:1 MAX
4:1 MAX

ADJACENT AREA SHALL BE

GRADED FLUSH WITH PER PLAN
NOTE:

CONTRACTOR TO FIELD VERIFY
ALL EXISTING UTILITIES.

EXISTING GAS

EXISTING SEWER
NOTE:

1. REMOVE ALL: TRASH & DEBRIS, SHRUBS,

BUSHES, TREE STUMPS,PAVEMENT GRINDINGS

AND OLD PAVEMENT FROM RIGHT-OF-WAY

2. CONTRACTOR TO PAVE UP TO DRIVEWAY/

VEHICLE ACCESS OR FENCE LINE EVEN

THOUGH OUTSIDE OF RIGHT OF WAY, WHERE
LESS THAN 2 FEET.

ALLEY TYPICAL SECTION
N.T.S1
227 of 517
Redlands Regular Meeting of 05-16-23
3 4
2 2
2 2
2 3
3 1
5 3
10 5 10
10 5
1 5
10 10 101
5 10
10 4
6 7
1 6 7
1 1
1 11
2 2
2 2
2 1
4 3 3 3 3
51010
5 1
5510
1 10 10
5 10
6 7
6 7

CITY OF REDLANDS
14 F-2418 ST
PROJECT NO. 400023
2022 ALLEY PAVING

IMPROVEMENT PROJECT

DREKA AVENUE

SAN BERNARDINO AVE
ALLEY 18 & 19

PIONEER AVENUE DREKA AVE
ALLEY 18
1"=20'
NORTH
ALLEY 19
1"=20'
NORTH
1 2
3 4
5 6
7 10
11 1' 1'
R/W

2.0%2.0%
COMPACT TOP 6" OF
SUBGRADE TO 95%
COMPACTION.

CL
2 1

ADJACENT AREA SHALL BE

GRADED FLUSH WITH PER PLAN
4:1 MAX
4:1 MAX
4:1 MAX
4:1 MAX

ADJACENT AREA SHALL BE

GRADED FLUSH WITH PER PLAN
NOTE:

CONTRACTOR TO FIELD VERIFY
ALL EXISTING UTILITIES.

EXISTING GAS

EXISTING SEWER
NOTE:

1. REMOVE ALL: TRASH & DEBRIS, SHRUBS,

BUSHES, TREE STUMPS,PAVEMENT GRINDINGS

AND OLD PAVEMENT FROM RIGHT-OF-WAY

2. CONTRACTOR TO PAVE UP TO DRIVEWAY/

VEHICLE ACCESS OR FENCE LINE EVEN

THOUGH OUTSIDE OF RIGHT OF WAY, WHERE
LESS THAN 2 FEET.

ALLEY TYPICAL SECTION
N.T.S1
228 of 517
Redlands Regular Meeting of 05-16-23
1 1 1 110
2 2
2 2
2 1
5 10 10 10 10 10
5 1
510
3 4
3 3 3 3
5 6 76 7
5 1 1
11 11
1 5
10 4
5 1
2 3
2 3
2 2
3 3
10 10 10
101010105
6 767

CITY OF REDLANDS
14 F-2418 ST
PROJECT NO. 400023
2022 ALLEY PAVING

IMPROVEMENT PROJECT

DREKA AVENUE

SAN BERNARDINO AVE
ALLEY 20 & 21

PIONEER AVENUE DREKA AVE
ALLEY 20
1"=20'
NORTH
ALLEY 21
1"=20'
NORTH
1 2
3 4
5 6
7 10
12 1' 1'
R/W

2.0%2.0%
COMPACT TOP 6" OF
SUBGRADE TO 95%
COMPACTION.

CL
2 1

ADJACENT AREA SHALL BE

GRADED FLUSH WITH PER PLAN
4:1 MAX
4:1 MAX
4:1 MAX
4:1 MAX

ADJACENT AREA SHALL BE

GRADED FLUSH WITH PER PLAN
NOTE:

CONTRACTOR TO FIELD VERIFY
ALL EXISTING UTILITIES.

EXISTING GAS

EXISTING SEWER
NOTE:

1. REMOVE ALL: TRASH & DEBRIS, SHRUBS,

BUSHES, TREE STUMPS,PAVEMENT GRINDINGS

AND OLD PAVEMENT FROM RIGHT-OF-WAY

2. CONTRACTOR TO PAVE UP TO DRIVEWAY/

VEHICLE ACCESS OR FENCE LINE EVEN

THOUGH OUTSIDE OF RIGHT OF WAY, WHERE
LESS THAN 2 FEET.

ALLEY TYPICAL SECTION
N.T.S1
229 of 517
Redlands Regular Meeting of 05-16-23
2 110 3
2 2
3 3
5 STOP
1 4
1622
10 8
101
12 3
10 13
1 16
5 15
12 14
16 CITY OF REDLANDS
14 F-2418 ST
PROJECT NO. 400023
2022 ALLEY PAVING

IMPROVEMENT PROJECT
ALLEY 22

CYPRESS AVENUE

EUREKA STREET
NORTH
ALLEY 22
1"=20'
NORTH
1 2
3 4
5 10
12 13
14 15
16 13
MATCHLINE STA 14+00

SEE BELOW
MATCHLINE STA 14+00

SEE ABOVE
1' 1'
R/W

2.0%2.0%
COMPACT TOP 6" OF
SUBGRADE TO 95%
COMPACTION.

CL
2 1

ADJACENT AREA SHALL BE

GRADED FLUSH WITH PER PLAN
4:1 MAX
4:1 MAX
4:1 MAX
4:1 MAX

ADJACENT AREA SHALL BE

GRADED FLUSH WITH PER PLAN
NOTE:

CONTRACTOR TO FIELD VERIFY
ALL EXISTING UTILITIES.

EXISTING GAS

EXISTING SEWER
NOTE:

1. REMOVE ALL: TRASH & DEBRIS, SHRUBS,

BUSHES, TREE STUMPS,PAVEMENT GRINDINGS

AND OLD PAVEMENT FROM RIGHT-OF-WAY

2. CONTRACTOR TO PAVE UP TO DRIVEWAY/

VEHICLE ACCESS OR FENCE LINE EVEN

THOUGH OUTSIDE OF RIGHT OF WAY, WHERE
LESS THAN 2 FEET.

ALLEY TYPICAL SECTION
N.T.S1
230 of 517
Redlands Regular Meeting of 05-16-23
2 2
2 2
2 3
3 3
1212
2 2
5 10
8 8
3 1
4 16
1 1 8
2 10
11 10
14 1
11 1
13 3 11

CITY OF REDLANDS
14 F-2418 ST
PROJECT NO. 400023
2022 ALLEY PAVING

IMPROVEMENT PROJECT
ALLEY 23

EUREKA STREET
NORTH
ALLEY 23
1"=20'
NORTH

KINGSBURY ELEMENTARY SCHOOL
1 2
3 4
5 8
10 11
12 13
14 16 14
MATCHLINE STA 13+00

SEE BELOW

KINGSBURY ELEMENTARY SCHOOL
MATCHLINE STA 13+00

SEE ABOVE
1' 1'
R/W

2.0%2.0%
COMPACT TOP 6" OF
SUBGRADE TO 95%
COMPACTION.

CL
2 1

ADJACENT AREA SHALL BE

GRADED FLUSH WITH PER PLAN
4:1 MAX
4:1 MAX
4:1 MAX
4:1 MAX

ADJACENT AREA SHALL BE

GRADED FLUSH WITH PER PLAN
NOTE:

CONTRACTOR TO FIELD VERIFY
ALL EXISTING UTILITIES.

EXISTING GAS

EXISTING SEWER
NOTE:

1. REMOVE ALL: TRASH & DEBRIS, SHRUBS,

BUSHES, TREE STUMPS,PAVEMENT GRINDINGS

AND OLD PAVEMENT FROM RIGHT-OF-WAY

2. CONTRACTOR TO PAVE UP TO DRIVEWAY/

VEHICLE ACCESS OR FENCE LINE EVEN

THOUGH OUTSIDE OF RIGHT OF WAY, WHERE
LESS THAN 2 FEET.

ALLEY TYPICAL SECTION
N.T.S1
231 of 517
Redlands Regular Meeting of 05-16-23

CITY OF REDLANDS

MUNICIPAL UTILITIES &

ENGINEERING DEPARTMENT

Bid Proposal, Contract Documents and Specifications

For

2022 Alley Paving Improvement Project
Project No. 400023

MARCH 2023
232 of 517
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233 of 517
Redlands Regular Meeting of 05-16-23

CITY OF REDLANDS

MUNICIPAL UTILITIES & ENGINEERING DEPARTMENT

Bi
d Proposal, Contract Documents and Specifications

for

2022 Alley Paving Improvement Project
Project
No. 400023

Fo
r use in conjunction with specifications entitled: “Standard Specifications for Public Works Construction (Greenbook)” 2021 Edition; “Standard Plans for Public Works Construction” 2021 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:

Eddie Tejeda, Mayor
Paul T. Barich, Mayor Pro Tem
Denise Davis, Councilmember
Jenna Guzman-Lowery, Councilmember
Mario Saucedo, Councilmember

City Clerk:

Jeanne Donaldson, City Clerk

City Staff:

Charles M. Duggan Jr., City Manager

MARCH 2023
234 of 517
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TOC 1
2022 Alley Paving Improvement Project
Project No. 400023

TA

BLE OF CONTENTS
(XX) REFLECTS PAGE IDENTIFICATION FOOTER ABBREVIATION

NO

TICE 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 MEA
SURE, 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 ........................................................ 34 SECTION 11 - REMOVAL, RELOCATION OR PROTECTION OF EXISTING UTI
LITIES ................................................................................................... 34 SECTION 200 - ROCK MATERIALS ............................................................................... 35 SECTION 201 - CONCRETE, MORTAR AND RELATED MATERIALS ..................... 36 SECTION 203 - BITUMINOUS MATERIALS ................................................................. 36 SECTION 206 - MISCELLANEOUS METAL ITEMS ..................................................... 38 236 of 517
Redlands Regular Meeting of 05-16-23

TOC 2
SECTION 207 – GRAVITY PIPE ...................................................................................... 38 SECTION 211 - MATERIAL TESTS ................................................................................ 38 SECTION 214 - TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAV
EMENT MARKERS ........................................................................... 39 SECTION 300 - EARTHWORK ........................................................................................ 39 SECTION 301 - TREATED SOIL, SUBGRADE PREPARATION AND PLACEMENT OF B
ASE MATERIALS ............................................................................. 43 SECTION 302 - ROADWAY SURFACING ..................................................................... 49 SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION .............................. 59 SECTION 304 - METAL FABRICATION AND CONSTRUCTION .............................. 62 SECTION 314 - TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAV
EMENT MARKERS ........................................................................... 62

GE

NERAL REQUIREMENTS
SECTION 01110 COORDINATION OF WORK
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 01571 STORMWATER POLLUTION PREVENTION 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 CITY OF REDLANDS STANDARD DRAWINGS
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APPENDIX D PERMITS

APPENDIX E CITY OF REDLANDS TRASH COLLECTION SCHEDULE

APPENDIX F CITY OF REDLANDS EVENTS AND SCHOOL CALENDAR

APPENDIX G CITY OF REDLANDS CONTRACTOR SAFETY PROGRAM

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BID DOCUMENTS
(BD)
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BD 1

INSTRUCTIONS TO BIDDERS
For
2022 Alley Paving Improvement Project
Project No. 400023

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 pr
operly 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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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: 2022 Alley Paving Improvement Project,
Project No. 400023

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 sc
heduled time for Bid Opening.

b. No Bidder may withdraw his Bid for a period of sixty (60) days after the time of Bid Op
ening 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 sa
tisfactory 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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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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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

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. 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

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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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 th
e 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 "Class C-12" 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.

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

9. LABOR LAW REQUIREMENTS

Prior to the start of construction, the Contractor and each subcontractor shall submit to the 250 of 517
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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

A
ny 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 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, 251 of 517
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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

2022 Alley Paving Improvement Project
Project No. 400023

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

BASE BID
(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 (Maximum 5%
of Total Base Bid Price)
LUMP
SUM N/A $______________________
2 SWPPP LUMP
SUM N/A $______________________
3 Survey (Construction Staking) LUMP
SUM N/A $______________________
4 Removal of all trash and debris,
shrubs, bushes, tree stumps,
pavement and pavement
grindings from right of way
LUMP
SUM N/A $______________________
5 Construct 2.5” AC over 4”
Aggregate Base, Compact Top
6" to 95% compaction
139,775 SF $_________/SF
$______________________
6 Construct 2’ Wide V-Gutter 10,760 LF $_________/LF $______________________ 253 of 517
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BASE BID (CONTINUED)
(See “Section 01200 – Measurement and Payment” for Bid Item description) Item
No. Brief Description
Estimate
d
Quantity
Unit Price
(If Applicable) Total Price in Figures
7 Construct V-Gutter Transition 27 EA $_________/EA $______________________ 8 Construct AC Driveway, 2.5” AC
over 4” Aggregate Base
Compacted Top 6” to 95%
Compaction
7,000 SF $_________/SF $______________________
9 Adjust Manhole to Grade. City to
Provide New MH Frame and
Cover as Needed.
11 EA $_________/EA $______________________
10 Construct Concrete Collar 11 EA $_________/EA $______________________ 11 Construct 4” Thick PCC Pad 80 SF $_________/SF $______________________ 12 Remove and Replace Gutter per
SPPWC Standard No. 120-2 60 SF $_________/SF $______________________ 13 Remove and Replace Driveway,
6” Thick PCC (560-C-3250),
Compact Top 6” to 95%
Compaction
7,730 SF $_________/SF $______________________
14 Install Gravel Back Fill for
Vehicle Access 125 SF $_________/SF $______________________ 15 Construct 8” PCC Curb per
SPPWC Standard Plan No. 120-2 655 LF $_________/LF $______________________ 16 Construct New Catch Basin per
SPPWC Standard No. 304-3 3 EA $_________/EA $______________________ 17 Construct New 8” SDR35 PVC
Storm Drain Line. Contractor to
replace vegetation, soil, and
pavement. Minimum Slope 0.5%.

Contractor to Verify Invert
Elevation.
340 LF $_________/LF $______________________
18 Construct New Parkway Drain
per SPPWC Standard No. 151-2.

Contractor to Verify Invert
Elevation.
1 EA $_________/EA $______________________
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BASE BID (CONTINUED)
(See “Section 01200 – Measurement and Payment” for Bid Item description) Item
No. Brief Description Estimated
Quantity
Unit Price
(If Applicable) Total Price in Figures
19 Remove and Replace 6” Thick
PCC Sidewalk (560-C-3250),
Compact Top 6” to 95%
Compaction
2,170 SF $_________/SF $______________________
20 Demobilization LUMP
SUM N/A $______________________
21 Unforeseen work not covered
within all other bid items
LUMP
SUM N/A $______________________
BASE BID TOTAL PRICE (ITEMS 1-21) $______________________

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.

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 12. 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.

150,000.00
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ADDENDA

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

Addendum #1___________ Addendum #2___________ Addendum #3____________ (initials) (i nitials) (initials)

Ad
dendum #4___________ Addendum #5___________ Addendum #6____________ (initials) (i nitials) (initials)

AT
TEST: (if Corporation)

(Corporation Seal)

___________________________________ _____________________________________ Company Name Signature

____________________________________ _____________________________________ Address Name

____________________________________ _____________________________________ City, State, Zip Title

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BID CERTIFICATION

Th
e 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

____________________________________ _______________________________________ Ci
ty, State, Zip State License Number and Class

____________________________________ _______________________________________ Telephone Number License Expiration Date

Dated this ________________ day of ___________________, 2023. 257 of 517
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BID BOND

KN

OW 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. 400023.

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

ST

ATE 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. 400023 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)

Th
e 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

Bi
dder 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. 400023, all in accordance with Section 4104 of the California Public Contract Code.

LICENSED SUBCONTRACTOR’S NAME
AN

D 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

Th
e 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. 400023 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
(C
D)

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PUBLIC WORKS CONSTRUCTION CONTRACT

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PUBLIC WORK CONSTRUCTION CONTRACT

Thi
s Public Work Construction contract (“Contract”) is made and entered into this ___ day of ____________, 2023, 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: 202
2 Alley Paving Improvement Project, complete all items as required by the Contract Documents (as herein defined) and Specifications for City’s 2022 Alley Paving Improvement Project, Project No. 400023 (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: T
he Work shall be completed within One Hundred Twenty (120) calendar days from and after the date of City’s issuan ce of a Notice to Proceed to Contractor.

4. L
IQUIDATED 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 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 Contractor if such delay occurs.

5. C
ONTRACT DOCUMENTS: This Contract incorporates by reference the following: Notice Inviting Bids, Instructions to Bidders, Contractor’s P roposal, 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. A
TTORNEYS' FEES: In the event any action is commenced to enforce or interpret the terms or conditions of this Contract, or the Contract Document s , 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. R
ESOLUTION OF CONSTRUCTION CLAIMS: Claims by Contractor in the amount of three hundred seventy five thousand dollars ($375,000) or le ss 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 documents necessary to substantiate the claim. Nothing in subdivision (a) of Public Contract Code 268 of 517
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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 Contra ct 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 withou t 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, ag reements, and obligations contained in the Contract Documents.

11. SEVERABILITY: Any provision or part of the Contract Documents held to be void or unenforceable under any law or regulation shall be dee med 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:____________________________________
Eddie Tejeda, 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

De
scription of Contract: City of Redlands
Municipal Utilities and Engineering Department
2022 Alley Paving Improvement Project
Project No. 400023
______________________
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 a
uthorized to write compensation insurance in this State. b. By securing from the Director of Industrial Relations, a certificate of consent to self- in
sure, 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.

CHEC
K 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 , 2023. _____________________________________
(Contractor)
___
__________________________________
(Signature)
___
__________________________________
(Official Title)

(SE
AL)

(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 Cali f ornia, and ______________ (hereinafter designated as "Principal") have entered i nto an agreement dated _____, 2023 (“Agreement”) whereby Principal agrees to install and complete certain public improvements (the “Work”), which said Agreement is identified as Alley Paving Improvement Project, Project No. 400023 and is hereby referred to and made a part hereof; and

Whereas, said Principal is required under the terms o f the Agreement to furnish a bond for the faithful performance of the Work, now, therefore, w e, 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 a
bove bounded Principal, his or its heirs,
executors, administrators, successors or assigns, shal l 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 add i tion to the face amount specified
therefor, there shall be included costs and reasonabl e 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 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.

Whe
never the Principal shall be, and is declared by the City to be, in default under the Agreement, the City having performed the City obligati ons 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 an d 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, but not exceeding, including other costs and damages for which Surety may be liable hereunder, the 272 of 517
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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 c
ontractor or subcontractor which may
be proposed by Surety in fulfillment of its obligation s in the event of default by the Principal.

Sur
ety 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 C ity, 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 Ag reement 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 enforcement of this b o nd, 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 , 20 23.

(SEAL) (SEAL)

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

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

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LABOR AND MATERIAL BOND

Wh
ereas, the City Council of the City of Redlands, Sta te of California, and ________________ (hereinafter designated as “Principa l”) have entered into an agreement (the “Agreement”) whereby Principal agrees to install and complete certain designated public improvements (the “Work”), which said agreement, dated ____________, 2023, and identified as 2022 Alley Paving Improvement Project, Project No. 400023 is hereby referred to and made a part hereof; and

Whereas, under the terms of the Agreement, Principal i
s required before commending the
performance of the Work, to file a good and sufficien t 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, subcontracto r s, 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.

It
is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled t o 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.

Sho
uld the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full for ce 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 specifi c ations 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 _______________________, 2023.

(SEAL) (SEAL)

(Contractor) (Surety)
BY:
(Signature) (Signature)
Address:_____________________________
(Seal and Notarial Acknowledgement of Surety) ____________________________________ Telephone: ( )___________________
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GP 3

GENERAL CONDITIONS
(G
C)
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GC 1

GENERAL CONDITIONS

Th
e Standard Specifications for Public Works Constructions, 2021 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, UNIT

S 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 City Engineer of the Agency, or other person designated by the City 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.

Pavement. The uppermost layer of material placed on the traveled way or shoulder. Also referred to as surfacing.
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GC 2

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. 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.

Add the following paragraph:
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GC 3

The Contractor shall, prior to the start of work, procure all permits and licenses, including but not li
mited 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.

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. 279 of 517
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GC 4

The City will schedule a meeting at the Contractor’s request not more than five working days after re
ceiving 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. When vacuum excavation (potholing) services are required, contractor to provide report that identifies depth and alignment of underground utilities.

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.

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 280 of 517
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GC 5

mylars and make revisions electronically to reflect the As-Built conditions. The final As-Built dr
awings 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:

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.

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Until final acceptance of work by the Engineer, the Contractor shall have charge and care thereof fr
om 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:

All start-up and testing shall be complete, approved and accepted before final acceptance, substantial completion, or beneficial occupancy.

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The warranty provided herein shall not be in lieu of, but shall be in addition to any warranties or other ob
ligations 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 284 of 517
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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 285 of 517
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the execution of the contract by the respective contractor or subcontractor for each calendar day during wh
ich 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 286 of 517
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accepted by the City. The City reserves the right to seek assistance from the State Department of In
dustrial 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:

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 Designated Insurance Requirements shown below.

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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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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TI
ER 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

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. 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

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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Contractor expressly waives all rights to subrogation against the City, its officers, employees and vo
lunteers 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.

5-4.3 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 290 of 517
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any claim brought by or on behalf of any employee of Contractor. This waiver is mutually ne
gotiated 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. Contractor to propose designated areas of the project site, upon approval by the Engineer, suitable for material delivery, storage, and waste collection.

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The Contractor shall ensure the construction yard adheres to all local, State and Federal regulations, or
dinances, 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 fo
r 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.

Unless indicated otherwise by the Engineer, all projects, regardless of size, shall submit for review and approval, a Water Quality Management Plan (WQMP). The WQMP shall consist of post construction BMPs which shall remain in effect throughout the life of the facility. Refer to WQMP guidelines.

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 294 of 517
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wear and tear. All meters are loaned subject to the conditions of the Fire Hydrant Construction Meter Wa
ter 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.

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 5-18.

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The Contractor shall provide and install barricades, delineators, warning devices and construction si
gns 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.

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. 296 of 517
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A 4 foot wide pedestrian walkway shall be maintained in the parkway area on each side of all st
reets, 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 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 297 of 517
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message board shall read “CAUTION - NEW TRAFFIC SIGNAL”. The one month period shall be
gin 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 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:

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a. All major streets shall remain open to through-traffic at all times, residential st
reet 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.

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 299 of 517
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barricades or between barricades and curbs, not exceeding three feet (3'), ex
cept 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 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.

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k. Any traffic control and safety devices and equipment being used which be
comes 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 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 301 of 517
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to correct and/or mitigate any situation, which in the sole opinion of the Ci
ty'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.

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:

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(a) Liability for damages for (1) death or bodily injury to persons, (2) injury to loss or theft of pr
operty, (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 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.

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The City shall not be responsible for security of the Contractors equipment or materials at the site.

Th
e 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 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.

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The warranty provided herein shall not be in lieu of, but shall be in addition to any warranties or other ob
ligations 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.

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.

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The Contractor shall document the day, date, and time the signs are installed because the no parking re
striction 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.

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.

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Up to a 14 day delay in paving operations may be requested after all leaks have been resolved to pr
ovide 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:

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.

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The City will not advise as to the nature or content of documents entitled to protection from disclosure un
der 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.

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 308 of 517
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and payment. The final payment shall not be due and payable until the expiration of thirty-five (35) da
ys 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 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

Th
is section is deleted in its entirety.

SECTION 9 - ASSIGNMENT OF UNFAIR BUSINESS PRACTICES
CLAI
MS

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 309 of 517
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become effective at the time the City tenders final payment to the Contractor, without further ac
knowledgment 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:

(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
EXI

STING 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.

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not identified in the plans and specifications with reasonable accuracy and for equipment on the pr
oject 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.

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

20 0-2 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.”

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200-2.4.2 Grading. - Amend the first sentence of paragraph 1 as follows:
“Th
e 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.”

SECTION 201 - CONCRETE, MORTAR AND RELATED MATERIALS

20 1-1 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

20 3-3 EMULSIFIED ASPHALT.

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203-3.1 General. - Mo dify 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.

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:
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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

20 6-7 TRAFFIC SIGNS.

206-7.1 General. The Contractor shall furnish or relocate and erect all traffic signage as required and specified.

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 207 – GRAVITY PIPE

20 7-2 REINFORCED CONCRETE PIPE (RCP).

207-2.1 General. - Add the following sentences to paragraph 2:

The minimum D-load for any RCP shall be 1,350. The minimum size for RCP shall be 18 inches (457 mm) unless otherwise approved by the Engineer.

SECTION 211 - MATERIAL TESTS

21 1-1 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 Contractor shall conduct the compaction testing by a geotechnical engineering firm and the results of the testing shall be made available to the Engineer.

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 314 of 517
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maximum dry density and the optimum moisture content results of backfill and bedding material wh
en requested by the City.

SECTION 214 - TRAFFIC STRIPING, CURB AND PAVEMENT
MAR

KINGS, AND PAVEMENT MARKERS

21 4-4 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 300 - EARTHWORK

300-1 CLEARING AND GRUBBING.

30 0-1.1 General. - Amend as follows:

Amend paragraph 3 as follows:
“The natural ground surface shall be cleared of all vegetable growth, such as trees, logs, upturned stumps, roots of downed trees, brush, grass, weeds, shrubs, ground cover, tree stumps, decorative landscape rocks, edging, railroad ties, other decorative landscape treatments, boulders, rock, portland cement concrete, and all other objectionable materials, within the limits of construction.”

Add the following paragraphs:

Grubbing and removal of organic debris shall include the repair and/or replacement of all parkway irrigation piping and systems necessary to perform work on this Contract and capping pipelines until such time that permanent repairs and/or replacements have been made.

All debris removed from the project site under this item shall be disposed of at an approved dump site. All transportation costs and dump fees shall be borne by the Contractor.

Clearing and Grubbing shall include, but is not limited to, the following:

1. Removal of existing AC berms.

2. Removal of all curb and gutter, cross gutters, and spandrels shall be replaced within three (3) calendar days. The Asphalt Concrete patch for areas with curbs and gutters removed and replaced shall be placed within two (2) working days after the curb and gutter, cross gutters, and spandrels are replaced. Removal of all sidewalks shall be replaced within three (3) calendar days.

3. Saw cut and removal of poles, posts, PCC pavements, curb, gutter, and sidewalk. Holes resulting from removal of existing poles and posts from existing PCC, AC pavements and curbs and gutters, shall be filled or patched with like materials. Self-propelled drop hammers will not be allowed for removals.
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4. Removal of all raised pavement markers not conforming to the approved plan or conflicting wi
th the proposed striping as shown on the plans in accordance with Subsection 312-3, Removal, of the Standard Specifications.

5. Removal and disposal of boulders, rock or PCC.

6. All trees and shrubs less than 3m (9 ft) directly above the entire sidewalk surface shall be trimmed and removed by the contractor to allow a clear path of travel for pedestrians.

7. Irrigation system relocation:

Any irrigation systems in conflict with the proposed improvements that are removed, damaged, disturbed, or broken shall be modified, repaired, and/or replaced to be operable and provide full irrigation coverage to the areas requiring irrigation using new materials, equal or better than the original materials, with 20 mm (3/4 in) Schedule 40 PVC being the minimum acceptable for underground lines and 13 mm (1/2 in) Schedule 80 being minimum acceptable for risers and with the systems not being out of operation for more than two (2) days. No payment for work associated with the irrigation repair will be released, until all irrigation is complete, operable and accepted by the City.

All trees, shrubbery and lawns deprived of normal irrigation watering due to a disruption of service caused by the Contractor’s operations shall be regularly and thoroughly irrigated by the Contractor so that said plantings will not be damaged. If any trees, shrubbery or lawns die or suffer unacceptable damage as a result of or precipitated by the Contractor’s operations the Contractor shall replace same with the same plant species and size. Existing grass lawns within areas that must be excavated and/or re-graded shall be cut into approximate 305 mm (1 ft) squares, removed, protected, cared for and replaced as soon as possible. Dead, dying, and unacceptably damaged grass shall be replaced with new grass sod.

8. Existing inlets, slotted drains, drainage pipes, concrete gutters, drainage pipes, where any portion of such structure is within 1m of the grading plane in the excavation areas, or within 300 mm (1 ft) of original ground in embankment areas, or where shown on the plans to be removed, shall be completely removed and disposed of accordingly.

9. Removal and disposal of existing drainage inlet structure and PCC or AC apron.

10. The Contractor shall dispose all materials not being salvaged outside of the right-of-way and shall pay for all costs for disposal.

11.Removal and disposal of any abandoned utilities that may interfere with the improvements.

12.Self-propelled drop hammers will not be allowed for removals.

300-1.3.1 General. - Add the following paragraphs:
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The Contractor shall dispose portland cement concrete, stone rubble, and brick at an approved du
mp site.

All reprocessed asphaltic cement concrete may be placed as the lower course of crushed aggregate base material. If the Contractor chooses not to reprocess the material, disposal at an approved dump site shall be required. All costs for disposal shall be borne by the Contractor. If the Contractor chooses to reprocess material, it shall be protected and remain contaminate-free, otherwise disposal at an approved dump site will be required with all costs borne by the Contractor.

All reprocessed asphaltic cement concrete to be used as crushed aggregate base shall be ground to conform to Section 200-2.2.

300-1.3.2 (a) Bituminous Pavement. - Amend the following:

Amend the second sentence as follows:
“Saw cutting of edges to be joined shall be with a power-driven saw. The groove shall be cut to a minimum depth of 4 inches (102 mm).”

Amend the third sentence as follows:
“Where bituminous pavement is to be removed, a cold mill header cut of maximum 6 feet (1.8 m) in width perpendicular to the join line shall be made, and a minimum laying depth of 1 inch (25mm) of new pavement material shall be provided at the join line.”

Amend the fourth sentence as follows:
“The edges of existing concrete pavement adjacent to the trench shall be saw cut to neat straight lines for the purpose of removing the damaged pavement areas.”

Add the following sentence:

Work under this item shall include asphalt concrete berms.

300-1.3.2 (b) Concrete Pavement. - Amend the following:

Amend the second sentence as follows:
“Saw cuts shall be made to a minimum depth of 4 inches (102 mm).”

Amend the third sentence as follows:
“If a saw cut in concrete pavement falls within 5 feet (1.5 m) of a construction joint, cold joint, expansion joint, or edge, the concrete shall be removed to the joint or edge.”

300-1.3.2 (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways and Alley Intersections. - Amend the following:

Amend the first sentence as follows:
“Concrete shall be removed to neatly sawed edges with saw cuts made to a minimum depth of 4 inches (102 mm).”

Amend the third sentence as follows:
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“No section to be replaced shall be smaller than 36 inches (1 m) in either length or width.”

Am
end the fourth sentence as follows:
“If the saw cut in sidewalk or driveway would fall within 36 inches (914 mm) of a construction joint, expansion joint, or edge, the concrete shall be removed to the joint or edge, except that where the saw cut would fall within 12 inches (300mm) of a score mark, the saw cut shall be made in and along the score mark.”

Amend the fifth sentence as follows:
“curb and gutter shall be sawed to a depth of 4 inches (102 mm) on a neat line at right angles to the curb face.”

300-1.3.2 (d) Striping and Markings. All existing striping, markings and raised pavement markers shown to be removed or necessary to be removed from paving areas. This item includes removal in compliance with applicable laws and cleanup of residue from the operation.

All striping, markings and raised pavement markers removed beyond the limits shown on the plans for and/or at the convenience of the Contractor shall be replaced at the Contractor’s expense.

300-1.3.2 (e) Structures. All existing concrete structures (reinforced or non-reinforced) as shown on the plans to be removed or abandoned, including but not limited to, undersidewalk drains, manholes, headwalls, bulkheads, drop inlet structures, energy dissipaters, catch basins, vaults and pipelines. Abandonment shall include all cuts and concrete plugs necessary to seal ends or openings of abandoned pipes or structures.

300-1.3.2 (f) Rock Curbs. All rock from rock curb removals, as shown on the plans or required for construction of the project, shall be transported, delivered and unloaded at a storage site as directed by the Engineer.

300-1.3.2 (g) Miscellaneous Removals. All other removals of facilities, as shown on the plans but not covered under separate bid items, and any underground facilities found during the work and not shown on the plans shall be performed. The City has endeavored to show all known underground facilities but is not responsible for unknown or abandoned facilities. Unknown underground facilities shall be paid as extra work.

300-1.3.2 (h) Miscellaneous Relocations. All relocation work as shown on the plans or required for construction of the project, but not covered under separate bid items, shall be included as a part of Subsection 300-1 Clearing and Grubbing. All relocation work performed as a part of clearing and grubbing work shall conform to the requirements and specifications of the agency or utility having jurisdiction over the item to be relocated.

300-1.4 Payment. - Add the following sentence to paragraph 1:

Payment for work on this item shall be made as a percentage of the work completed at each monthly payment.

300-2 UNCLASSIFIED EXCAVATION.
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30 0-2.2.2 Wet Material. - Amend the second sentence of the paragraph:
“If such high moisture content is not the result of any action on the part of the Contractor, or inaction in protecting the work during the course of the contract, the work involved will be paid for in the following manner: Over-excavation and disposal work shall be considered “extra work,” with backfill and compaction of crushed aggregate base paid under the appropriate bid item in these specifications.”

300-12 MISCELLAENOUS GRADING. The parkway, whether landscaping exists or not, shall be graded and compacted to achieve drainage towards the street at a slope of 2%. Grading shall be coordinated such that it is the last item of work to be completed, prior to site clean-up. Loose material and dirt shall be raked, compacted and distributed throughout the parkway area. Areas adjacent to installed improvements must be graded to a level within one inch from the finished surface. Extra dirt/fill shall be removed from the project in accordance with Specifications.

The Contractor, at his expense shall photo-document pre-construction conditions prior to starting excavating. After construction is completed, the Contractor shall photo-document the finished grade. The Contractor shall provide the City with said photos with addresses identifying each property location, the direction the photograph was taken (facing North, South etc). The Contractor shall keep a copy of the photos (either electronically or hard copy) and provide the City with electronic copies of the photos.

SECTION 301 - TREATED SOIL, SUBGRADE PREPARATION AND
PLAC

EMENT OF BASE MATERIALS

30 1-1 SUBGRADE PREPARATION.

301-1.3 Relative Compaction. - Amend the second sentence of paragraph 1 as follows:
“When base material, curb, gutter, alley pavement, driveways, or sidewalks are to be placed on the subgrade material, the top 6 inches (150mm) of such subgrade material shall be compacted to a relative compaction of 95 percent.”

301-2.1 General. – Add the following paragraphs:

The contractor shall use ‘crushed aggregate base’ or ‘crushed miscellaneous base, fine graded’ as the base material. The use of ‘processed miscellaneous base,’ ‘select subbase,’ or ‘disintegrated granite’ shall not be used as base material.

The contractor may use ‘pulverized miscellaneous base’ (grindings) as part of the crushed base material. Said grindings shall be uncontaminated and placed in an even thickness as the lower course of crushed base material. Spreading and compacting shall comply with Sections 301-2.2 and 301-2.3.

301-2.3 Compacting. – Amend the second sentence of paragraph 3 as follows:
“Compaction in the excepted areas shall be as specified in 211-1 with each layer of compacted base material having a minimum relative compaction of 95 percent.”

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301-2.4 Measurement and Payment. – Add the following paragraph:

Pay
ment shall be made for cold-planing, storing, placing, and compacting reprocessed asphalt concrete pavement (grindings) as part of the crushed aggregate base (CAB) material. The volume of grindings placed shall be figured and a tonnage figure computed using 9.35 kg/m^3 (150 pounds per cubic foot). This tonnage figure shall be paid as part of the crushed aggregate base tonnage for this project.

301-7 FULL DEPTH RECLAMATION WITH MECHANICAL STABILIZATION (FDR- 25)

301-7.1 Description. This rehabilitation alternative consists of pulverizing the existing asphalt concrete (AC) layer along with the underlying unbound material to a depth of 6, 9 or 12 inches per plan and specifications. The properties of this layer are considered to be similar to an Aggregate Subbase material with a modulus of at least 25 ksi.

The manufacture of the recycled base course shall be done in-place by pulverizing and blending the existing AC layer and base materials, if present. The process shall be accomplished in accordance with these specifications and conform to the lines and grades shown in the plans or as established by the engineer.

301-7.2 Construction. The asphalt concrete surfacing and underlying base materials shall be pulverized such that 100 percent of the material will pass a two-inch sieve and a minimum of 90 percent will pass a one and one-half inch sieve. All materials other than rock and pulverized asphalt concrete shall be broken up such that these materials will pass a one inch sieve. The pulverized materials shall be free of roots, weeds, wood, and construction debris. All grass and other vegetation shall be removed from the edge of the exiting pavement or lip of gutter pan to prevent contamination of the pulverized bituminous material during the milling operation.

Trimming and disposal of excess material, if required, will be performed on the intimate mixture of pulverized asphalt concrete, base materials and subgrade soil. Excess pulverized material is the surplus that results after trimming and grading the pulverized pavement section to the lines and grades matching existing and/or per plans and specifications.

Do not start pulverized roadbed activities if the ambient air temperature is below 40F. If the ambient air temperature falls below 40F, you may only compact and finish pulverized roadbed.

Before starting daily pulverized roadbed activities, sweep the pulverized roadbed area constructed the previous day to remove loose material.

301-7.3 Surface Preparation. Before pulverized roadbed activities start, prepare the existing roadway surface by:

1. Clearing foreign matter including vegetation

2. Removing standing water

3. Referencing the profile and cross slope

4. Marking the proposed longitudinal cut lines on the existing pavement as follows:
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4.1. Cut lines must coincide with points where the existing cross slope changes, ap
proximately at the centerline and edge of traveled way

4.2. Cut lines must indicate the sequence of the cuts

5. Referencing existing lane lines and striping layout

Final subgrade surface shall slope away from the street centerline to a maximum of 3% grade.

Pulverized asphalt material must be used as base material to meet new cross slope requirements.

Native sub-grade material may need to be hauled off to allow for the use of all pulverized base material. No additional compensation will be allowed for any sub-grade removal and haul-off if required. Any contaminated material will be removed and disposed of by the contractor off site at his expense. Any shortage of material, caused by premature disposal of the indicated surplus material by the contractor, shall be replaced by it and no additional compensation will be allowed for such replacement.

301-7.4 Spreading, Mixing, and Compacting. Do not use a heating device to soften the pavement. Remove any visible oversized materials in the pulverized roadbed mixture prior to shaping and compacting. If you encounter unstable subgrade or rocks greater than 4 inches in the roadway section, notify the Engineer. The Engineer determines the extent of the unsuitable material and the corrective measures to be taken.

According to the Section 301-2.3, the compaction shall always be commenced along the edge of the area to be compacted and the roller shall gradually advance toward the center of the area to be compacted. Rollers shall be operated along lines parallel or concentric with the centerline of the road being constructed, and no material variation therefrom will be permitted. All rollers must be maintained in good mechanical and working condition.

The relative compaction of each layer of compacted base material shall not be less than 95 percent.

ASTM D2922, Methods of Density of Soil and Soil Aggregate in Place by Nuclear Methods, (or ASTM D1556). After compaction, the sub-grade shall be firm, and unyielding.

301-7.5 Finishing. The finished pulverized roadbed surface must not vary more than 0.05 foot from the lower edge of a 12-foot straight edge laid in directions parallel and perpendicular to the centerline. Variations within the above specified tolerances shall be compensating so that the average grade and cross section specified are met. The finished surface must be free from segregation, tearing, and scarring, and have a uniform surface texture throughout the work limits.

301-8 FULL DEPTH RECLAMATION WITH CEMENT STABILIZATION (FDR-200)

301-8.1 Description. This rehabilitation alternative consists of pulverizing the existing asphalt concrete (AC) layer along with the underlying unbound material to a depth of 6, 9 or 12 inches per plan and specifications. The properties of this layer are considered to be similar to an Aggregate Subbase material with a modulus of at least 200 ksi.

The manufacture of the recycled base course shall be done in-place by pulverizing and blending the existing AC layer and base materials, if present, and adding cement. Micro-cracking of the completed cement stabilized surface is required before HMA is to be placed directly on top of the 321 of 517
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cement treated surface, regardless of the AC thickness. The process shall be accomplished in ac
cordance with these specifications and conform to the lines and grades shown in the plans or as established by the engineer.

The cement content must be 2% by dry weight of FDR with cement with a dry unit weight of 130 lb/cu ft for 6” FDR section. The cement content must be 3% by dry weight of FDR with cement with a dry unit weight of 130 lb/cu ft for 9” FDR section. The cement content must be 4% by dry weight of FDR with cement with a dry unit weight of 130 lb/cu ft for 12” FDR section. Cement must be Type II or Type V Portland cement specified in ASTM C 150/150M.

301-8.2 Construction. The asphalt concrete surfacing and underlying base materials shall be pulverized such that 100 percent of the material will pass a two-inch sieve and a minimum of 90 percent will pass a one and one-half inch sieve. All materials other than rock and pulverized asphalt concrete shall be broken up such that these materials will pass a one inch sieve. The pulverized materials shall be free of grass and vegetation, and construction debris to prevent contamination of the pulverized materials. Mixing shall continue until, and at the speed of the recycling unit adjusted to ensure, a homogenous mixture of the above materials and pulverized materials are achieved.

Trimming and disposal of excess material, if required, will be performed on the intimate mixture of pulverized asphalt concrete, base materials and subgrade soil. Excess pulverized material is the surplus that results after trimming and grading the pulverized pavement section to the lines and grades matching existing and/or per plans and specifications. Excess pulverized material shall consist of non-treated well mixed pulverized AC pavement and subgrade.

Do not start pulverized roadbed activities if the ambient air temperature is below 40F. If the ambient air temperature falls below 40F, you may only compact and finish pulverized roadbed.

Before starting daily pulverized roadbed activities, sweep the pulverized roadbed area constructed the previous day to remove loose material.

301-8.3 Surface Preparation. Before pulverized roadbed activities start, prepare the existing roadway surface by:

1. Clearing foreign matter including vegetation

2. Removing standing water

3. Referencing the profile and cross slope

4. Marking the proposed longitudinal cut lines on the existing pavement as follows:

4.1. Cut lines must coincide with points where the existing cross slope changes, approximately at the centerline and edge of traveled way

4.2. Cut lines must indicate the sequence of the cuts

5. Referencing existing lane lines and striping layout

Final pavement surface shall slope away from the street centerline to a maximum of 3% grade.

Pulverized material must be used as base material to meet new cross slope requirements. Native sub-grade material may need to be hauled off to allow for the use of all the pulverized base material. No additional compensation will be allowed for any sub-grade removal and haul-off if 322 of 517
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required. Any contaminated material will be removed and disposed of by the contractor off site at hi
s expense. Any shortage of material, caused by premature disposal of the indicated surplus material by the contractor, shall be replaced by it and no additional compensation will be allowed for such replacement.

301-8.4 Spreading, Mixing, and Compacting. Do not use a heating device to soften the pavement. Remove any visible oversized materials in the pulverized roadbed mixture before shaping and compacting. If you encounter unstable subgrade or rocks greater than 4 inches in the roadway section, notify the Engineer. The Engineer determines the extent of the unsuitable material and the corrective measures to be taken.

Recycling shall be performed to the depth provided in the plans, while incorporating stabilizing agents, mineral filler, additional aggregate and water. Mixing shall continue until, and the speed of the recycling unit adjusted to ensure, a homogenous mixture of the above materials and pulverized materials is achieved. Pre-cutting, grading and light compacting of the recycled material shall be performed prior to incorporation of the stabilizing. Spread cement uniformly over the full roadway surface width. Do not spread cement more than 30 minutes before mixing. Do not apply dry cement in windy conditions that will result in dust outside the FDR with cement area. The application rate must be the mix design rate or the ordered application rate in lb/sq yd ±

0.5 percent. The application rate of all stabilizing agents shall be continuously monitored. If the measured application rate falls outside the above tolerance, then the recycling operations shall be stopped and corrected before proceeding. Do not spread cement and aggregate before pulverizing.

Water must be injected through the pulverizing machine. The injection rate of mixing water must be sufficient to produce the FDR with cement material mixing moisture content. The water content of the stabilized material shall be monitored closely to ensure proper compaction. Mark where the center of the pulverizing drum stops. Start the following cut on this alignment at least 2 feet behind the mark. Before compacting, remove solids larger than 3 inches in any dimension by hand.

Immediately after pulverizing and mixing, compact FDR with cement to the minimum relative compaction. Do not allow more than 2 hours between final mixing of the pulverized material with cement and completion of initial compaction before trimming. During grading and final compaction add water to maintain the mixing moisture content as described in the mix design. Do not allow more than 2 hours to elapse from the time water is added to the aggregate and cement to completion of final compaction after trimming.

Longitudinal joints between adjacent stabilization passes shall be overlapped at least 4 inches.

Transverse joints between the recycling process shall be saw-cut, if necessary, to provide a vertical clean face to ensure proper compaction. Compaction of cementitious stabilizer begins within 20 minutes after mixing and achieving gradation and moisture requirements.

According to the Section 301-2.3, the compaction shall always be commenced along the edge of the area to be compacted and the roller shall gradually advance toward the center of the area to be compacted. Rollers shall be operated along lines parallel or concentric with the centerline of the road being constructed, and no material variation therefrom will be permitted. All rollers must be maintained in good mechanical and working condition.
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The relative compaction of each layer of compacted base material shall not be less than 95 percent.

ASTM
D2922, Methods of Density of Soil and Soil Aggregate in Place by Nuclear Methods, (or ASTM D1556). After compaction, the sub-grade shall be firm, and unyielding.

Construction joints shall have vertical faces and shall be made in thoroughly compacted material.

Additional mixture shall not be placed against the construction joint until the joint has been approved by the Engineer. The face of the cut joint shall be lean and free of deleterious material and shall be kept moist until the placing of the adjacent FDR with cement.

301-8.5 Finishing. Once the entire working width (full lane width plus effected shoulder width) has been stabilized, and only after primary compaction has been completed, the entire working width shall be graded to the required profile and cross-slope. Disturbance to the stabilized and primary compacted material shall be kept to a minimum during this grading and shaping operation.

The finished pulverized roadbed surface must not vary more than 0.05 foot from the lower edge of a 12-foot straight edge laid in directions parallel and perpendicular to the centerline. Variations within the above specified tolerances shall be compensating so that the average grade and cross section specified are met. The finished surface must be free from segregation, tearing, and scarring, and have a uniform surface texture throughout the work limits.

Immediately after compaction, apply water and roll with no vibration. The finished surface must be free of ruts, bump, indentations, segregation, raveling, and any loose material.

The completed cement treated subgrade shall be moist cured continuously until it is in a firm and unyielding condition. The cement treated subgrade shall be kept free from heavy traffic during the curing period or until the asphalt concrete surfacing is placed whichever is less, unless otherwise directed by the Engineer. Moisture curing shall be the only method of curing prior to micro- cracking.

Micro-cracking shall be performed with several vibratory roller passes 48 to 72 hours after finish grading to prevent severe, wide cracks from forming thus reduces the potential for reflective cracking through the HMA layer. Micro-cracking shall be performed before the application of asphaltic emulsion curing seal. After micro-cracking is complete additional moisture curing may be used. Any additional water required to achieve maximum density shall be applied by spraying the surface of the stabilized material with light applications. Care shall be taken so as not to over- apply additional water to any areas of the stabilized material.

While open to traffic and before placing HMA, maintain the FDR with cement surface free of ruts, bumps, indentations, raveling, and segregation. If FDR with cement material is damaged, it shall be repaired by removing and replacing the entire depth of affected layers in the damaged area.

Feathering will not be permitted for repair of low areas.

Asphaltic emulsion curing seal must be applied on the completed cement treated base immediately before placing HMA. Asphaltic emulsion curing seal must comply with Caltrans Standard Section 94, Grade SS1 or CSS1. Dilute and thoroughly mix asphaltic emulsion for curing seal at a ratio of 1 part water to 1 part asphaltic emulsion. The water must no cause premature separation of the 324 of 517
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emulsion. Uniformly apply the diluted curing seal at a rate of 0.1 gal/yd2 of cement treated base su
rface.

SECTION 302 - ROADWAY SURFACING

302-4 SLURRY SEAL SURFACING.

30 2-4.3.1 General. – Add the following paragraphs:

All slurry mixing machines shall be equipped with a Fines Feeder for the adding of cement or granular Aluminum Sulfate.

Prior to the beginning of slurry operations, the Contractor shall furnish, at no cost to the City, current licensed weigh master’s certificates indicating the net weight capacity of the aggregate bin.

The Contractor shall provide a drive upon scale at the project site or an alternate site approved by the City. The drive on scale shall show the net weight of the aggregate bin on each slurry machine before the machine and product will be approved for applying slurry on the project.

All slurry machines are to carry, at all times, a calibrated emulsion measuring stick. The emulsion measuring stick is to be calibrated in 10-gallon increments to the slurry machine it is used on.

Emulsion measuring sticks from other slurry machines will not be allowed to measure the gallons of emulsions on the slurry machines they were not calibrated to. The emulsion measuring stick is to have the slurry machine number or identification permanently marked on the stick. The gallons of emulsion are to be measured with a calibrated emulsion measuring stick and recorded before leaving and after returning to materials site. Use of a slurry machine will not be allowed if it does not have a calibrated emulsion measuring stick.

The Contractor shall furnish prior commencing work, a calibrated stick in 10-gallon increments to measure the oil in the trailer storage tanks in gallons. The measuring stick shall be calibrated to the trailer storage tank it is used on. The inspector shall check the oil in each load “in and out” and in the storage tanks at the beginning and end of each day to determine the amount of emulsion used for that day. Emulsion is not to be transferred from delivery tank to on-site storage tank before the City performs the sieve analysis on the emulsion. Aggregate used in the slurry shall not exceed a moisture content of four percent (4%) by weight of dry aggregate.

Contractor may not schedule more than 150 tons of slurry to be placed per day. Slurry may not be applied at more than 150 feet per minute.

The Contractor shall provide a self-propelled 10 ton pneumatic roller with a tire pressure of 50 PSI and equipped with a water spray system. The Contractor shall roll the required streets the same day they are slurried. The Contractor will be responsible for proper scheduling of the work such that the rolling can be properly done within the given time constraint. Failure to comply shall result in a $250.00/calendar day liquidated damage being assessed per incident. The cost of furnishing the roller and operator shall be included in the price paid for slurry seal.

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The Contractor is hereby advised that City streets, parking lots, or other City-approved property wi
ll not be allowed as a site for stockpiling and batching. Arrangements for an acceptable site shall be the sole responsibility of the Contractor.

The Contractor shall sweep any raveled material on the street one (1) week after the initial placement. If the Engineer determines the raveling is excessive, the frequency of sweeping shall be adjusted to the field conditions of the raveling. If raveling continues within two (2) weeks of the initial placement, the street shall be swept and reslurried with a Type I mixtures (Local Streets) or a Type II (Arterial/Collector Streets) at no cost to the City. Raveling can be identified by the presence of “black pebbles” in the gutter.

The Contractor shall remove any and all weeds that are growing through cracks from the project street located within the pavement or growing between the concrete gutter and the pavement and spray a herbicide mixture of either Hyvar mixed with Roundup or Pramatol mixed with Roundup, or approved equal, at least fourteen (14) calendar days prior to slurrying. The herbicide mixture shall contain Blazon, or approved equal, a purple dye to easily confirm the herbicide has been applied. The work shall be approved by the Engineer or his representative prior to slurrying. Full compensation for plant removal and herbicide treatment shall be considered as included in the unit cost for slurry seal.

Longitudinal joints must correspond with lane lines. You may request other longitudinal joint patterns if they do not adversely affect the slurry seal. Spread slurry seal in full lane widths. Do not overlap slurry seal between adjacent lanes more than 3 inches. Use a material, such as building paper at transverse joints and over previously placed slurry seal to prevent double placement.

Remove the material after use. Use hand tools to remove spillage.

Full compensation for developing a water supply, for furnishing and placing all water required for work done in the Contract, including extra work shall be included in the prices paid for the various items of work requiring water; and no separate payment will be made therefore. The Contractor shall supply the City with licensed weighmaster’s certificates of weight for all delivered aggregates to the job during the course of each day. Aggregate shall be delivered to the project only in the presence of a City representative. The Contractor shall also present weighmaster certificates for the amount of such aggregate remaining at the completion of the project at no cost to the City.

Payment shall be determined by the amount that is physically placed, which cannot exceed the amount that is delivered to the job site with the certified weighmaster tickets. There shall be not outside work done utilizing materials from the tanks or stockpiles stored for the City’s Contract.

Prior to storing aggregate on private property, the Contractor shall submit to the Engineer written permission from the property owner for such stockpiling.

Precautions shall be taken to ensure that stockpiles do not become contaminated with oversized rock, clay, silt, or excessive amounts of moisture. The stockpiles shall be kept in areas that drain readily. Segregation of the aggregate will not be permitted.

The Contactor shall protect the wet slurry from traffic at all times and if damaged or defaced, the Contractor shall repair said damage at no additional cost to the City.

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The placement of slurry seal may be suspended with the concurrence of the Engineer due to un
suitable weather, temperature conditions, or other conditions that are considered unfavorable for the prosecution of the work. The Contractor shall immediately comply with the order of suspension by the Engineer, and work shall not be resumed until authorized by the Engineer.

302-4.8 Spreading and Application. - Add the following paragraphs:

Prior to applying slurry seal, the Contractor shall clean, to the satisfaction of the Engineer, the street surface with a power sweeper, remove all R.P.M.’s, abrasive grind or sandblast completely all lane lines, street legends, crosswalks or other painted or thermoplastic surfaces. This is necessary to provide a good bonding surface for the slurry seal, as well as eliminate “ghosting” of the old striping and markings as the new slurry wears off over time.

It is anticipated that nuisance water, such as storm water runoff and irrigation water, will run in and across the right-of-way at various time throughout the period of construction. It shall be the responsibility of the Contractor, at their own expense, to provide for and protect the work from such water. In addition, the Contactor’s responsibility shall include handling nuisance waters such that their operations do not cause them to damage existing improvements or properties adjacent to or near the site of work.

Slurry shall not be applied when the atmospheric temperature is less than 65oF (18oC).

The
application of slurry shall not commence until after 8:00 a.m., and shall conclude at 1:30 p.m. unless other authorized by the Engineer. The slurry shall be sufficiently cured to be open to traffic by 4:00 p.m. The portions of streets to be slurried shall be closed from the time the application begins until the mixture as achieved sufficient set to be opened to traffic.

The slurry shall be applied in such a manner that no ripples or waves exist. If ripples or waves occur in the slurry during the application, the work shall cease and the Contractor shall correct the situation. The Contractor may use a drag to knock down ridges. If ripples or waves are not corrected to the Engineer’s satisfaction, the street shall be reslurried at the Contractor’s expense.

The Contractor shall, at the direction of the Engineer, repair the reseal to the entire street, or complete section thereof, as determined by the Engineer, which have not been sealed properly (includes areas that have failed to meet yield and mix design specifications) and completely. No compensation will be provided for slurry seal used in repair and reseal work.

Each slurry crew shall be composed, at a minimum, of a coordinator at the project site at all times, a competent quick-set mixing man, a competent driver, two squeegee men, and sufficient laborers for any handiwork and cleanup.

Surface oil and grease shall be removed or sealed with shellac or an equivalent material approved by the City before the application of the slurry seal. Full compensation for surface oil and grease removal shall be considered as included in the unit cost for slurry seal.

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The Contractor shall roll all cul-de-sacs (the last 250’ minimum), the last 250’ of dead-end streets an
d knuckle curves. Full compensation for rolling the slurry shall be considered as include in the unit cost for slurry seal.

During slurry seal operations, it shall be the Contractor’s responsibility to place protective covering over, or to otherwise avoid slurry seal coating of manholes, utility covers, pavement markers (reflective and non-reflective), concrete gutters, concrete cross gutters, and drainage facilities, survey monuments and remove said covering and/for slurry seal coating after slurry sealing has been completed.

The start and finish of slurry application shall be a straight line which, unless otherwise approved by the Engineer, shall be obtained by laying a strip of building paper or other material approved by the Engineer on the pavement surface. After application of slurry, the paper is to be removed leaving a straight edge. The entire street surface area shall be sealed the same day.

302-4.8.1 Crack Sealing and Filling. Crack sealing shall be performed prior to the Slurry Seal application. Pavement cracks 1/4" wide and larger shall be sealed. Pavement cracks 1/8" to 1" wide shall be cleared of all loose particles of dust, dirt and laitance with oil-free compressed air immediately preceding the sealing operation. Cracks shall be routed out as necessary to provide a reservoir for the sealer that will have a depth of l" to 1 1/2".

The crack sealing material shall be a hot-applied asphalt (Crafco Polyflex or approved equivalent).

The crack sealing material must not be modified or diluted in any way. Pavement cracks larger than 1” wide shall be filled with the mixtures per Specification Section 203-6.4 Type E (Extra Fine).

A wand and nozzle type application shall be used to fill all cracks with crack sealing material.

Crack sealing material shall be applied in two applications with the possibility of additional applications to fill the crack within the allowable tolerance. The cracks must be filled to the surface and not overfilled or applied to the top of adjoining pavement or concrete surfaces. The cracks shall be squeegee immediately after the sealant has been applied to insure conformity with the pavement surface.

The crack sealing material shall then be allowed to penetrate and sink into the crack area for a minimum of one hour. Each crack must then have a second application of crack sealer material applied in the crack area only to within + 0.01' of the adjoining pavement surface. If the material is a cold-applied, polymer modified petroleum emulsion, sand will be applied over the crack sealing material after the second application, covering a minimum of 1 1/2 inches each side of the crack and not more than 3/4 inch higher than the top of the pavement. The contractor shall be responsible for the removal of all excess sand which shall be removed within three hours after being applied.

302-5 ASPHALT CONCRETE PAVEMENT.

302-5.1 General. - Add the following paragraphs:
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Asphalt concrete pavement structural sections equal to or greater than 3 inches (76 mm) in th
ickness shall be installed in two lifts. Base course aggregate material size shall be ¾ inch (19 mm) and cap course aggregate material size shall be ½ inch (13 mm). All pavement shall be placed over 4 inches of crushed aggregate base, unless compacted to 95% relative compaction.

All valves within project limits in the public right-of-way shall be raised to finish grade as a part of this work. The Contractor shall furnish and install new can or slip can materials as necessary.

If new water valve lids are necessary, they shall be supplied by the Municipal Utilities and Engineering Department. All valve can lids within the project limits in the public right-of-way shall be painted the appropriate color for the utility they represent (ie. Water - Blue, Gas - Yellow, Fire – Red, etc.).

302-5.2 Timeline of Paving Operations.

All paving operations shall follow the timeline and requirements shown below unless otherwise approved by the City:

PAVING TIMELINE

DESCRIPTION OF WORK

TIME PERIOD
WEEK 1
(DAY 1-7)
WEEK 2
(DAY 8-14)
WEEK 3
(DAY 15-21)
WEEK 4
(DAY 22-28)
PAVING (START TO FINISH) (1)
CURE PERIOD (2)
MANHOLE ADJUST TO GRADE (3)
STRIPING & PAVEMENT MARKINGS (4)
TRAFFIC LOOPS (5)
NO PARKING SIGNS ALLOWED (6)
Note: All time periods shown above are the maximum amount of allowable time for each activity.

This timeline does not apply to the installation or repair of curb and gutter, ac dikes, sidewalks, cross gutters, curb ramps, driveway approaches or truncated domes.

(1) In no case shall any street segment remain unpaved longer than three calendar days if no other work activity is being performed on that street segment. Any deviation from the timeline shall result in a penalty assessment of $1,000 per calendar day. (2) No work except cat tracking of proposed striping is allowed during this period; therefore “No Parking Signs” shall not be installed during this activity. 329 of 517
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(3) Once each manhole is exposed, all associated work to adjust it to grade must be completed w
ithin 48 hours. This shall include all adjustments of manholes, vaults, valve cans, etc. as required by the Contract.
(4) All cat tracking and approval of proposed striping shall occur during the cure period. (5) Traffic loops must be installed after the approval of striping layout and prior to the installation of thermoplastic striping and pavement markings. (6) “No Parking Signs” shall be installed per Section 7-19 of these specifications.

302-5.4 Tack Coat. – Delete and replace with the following:

If the asphalt concrete pavement is being constructed directly upon an existing hard-surfaced pavement, a tack coat of High Performance Seal (HPS) No-Track Tack at an approximate rate of

0.05 gallon per square yard shall be uniformly applied upon the existing pavement preceding the placement of asphalt concrete. The surface shall be free of water, foreign material, or dust when the tack coat is applied. To minimize public inconvenience, no greater area shall be treated in any one day than is planned to be covered by asphalt concrete during the same day, unless otherwise approved by the Engineer.

302-5.5 Distribution and Spreading. – Add the following:

Unless otherwise permitted by the Engineer, the top layer of asphalt concrete for shoulders, tapers, transitions, road connections, private drives, curve widening, turnouts, left-turn pockets, and other such areas, shall not be spread before the top layer of asphalt concrete for the adjoining through lane has been spread and compacted. At locations where the number of lanes are changed, the top layer for the through lanes shall be paved first. Tracks or wheels of spreading equipment shall not be operated on the top layer of asphalt concrete in any area until final compaction has been completed or unless directed by the Engineer.

All screed extensions for paving machines shall be provided with a tamper, roller, or other suitable compacting devices.

Asphalt pavers shall be equipped with automatic screed controls and a sensing device or devices.

Automatic grade and slope control shall be used for overlays.

All joints shall be sealed after rolling.

When placing asphalt concrete to the lines and grades noted in the plans or as approved by the Engineer, the automatic screed controls shall control the longitudinal grade and transverse slope of the screed. Grade and slope references shall be furnished, installed, and maintained by the Contractor. The Contractor shall use a ski device, the minimum length of the ski device shall be 30 ft. The ski device shall be a rigid one-piece unit and the entire length shall be utilized in activating the sensor. The Contractor may use a laser to control the screed.

When placing the initial mat of asphalt concrete on existing pavement, the end of the screed nearest the center line shall be controlled by a sensor activated by a ski device not less than 30 ft long.

The end of the screed farthest from center line shall be controlled by an automatic transverse slope device set to reproduce the cross slope approved by the Engineer.

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When paving contiguously with previously placed mats, the end of the screed adjacent to the pr
eviously placed mat shall be controlled by a sensor that responds to the grade of the previously placed mat and will reproduce the grade in the new mat within a 0.01 ft. tolerance. The end of the screed farthest from the previously placed mat shall be controlled in the same manner as when placing the initial mat.

Should the automatic screed controls fail to operate properly during any day's work, the Contractor may use manual control of the spreading equipment for the remainder of that day; however, the equipment shall be corrected or replaced with alternative automatically controlled equipment conforming to the requirements in this section before starting the next day's work.

Should the methods and equipment furnished by the Contractor fail to produce a layer of asphalt concrete conforming to the requirements, including straightedge tolerance, of Subsection 302-

5.6.2 - Density and Smoothness, of the Standard Specifications, the paving operation shall be discontinued and the Contractor shall modify his equipment or furnish substitute equipment. A drop-off of more than 0.15 ft will not be allowed at anytime between adjacent lanes open to public traffic.

The Contractor shall schedule his paving operations such that each layer of asphalt concrete is placed on all contiguous lanes of a traveled way each work shift. At the end of each work shift, the distance between the ends of the layers of asphalt concrete on adjacent lanes shall not be greater than 10 ft. nor less than 5 ft. Additional asphalt concrete shall be placed along the transverse edge at the end of each lane and along the exposed longitudinal edges between adjacent lanes, hand raked, and compacted to form temporary conforms. Kraft paper, or other approved bond breaker, may be placed under the conform tapers to facilitate the removal of the taper when paving operations resume.

302-5.6.1 General. - Add the following paragraph:

All asphalt concrete pavement abutting portland cement concrete gutters shall match and be flush with the gutter lip when finish rolling is complete.

302-5.6.2 – Density and Smoothness. – Delete and replace with the following:

The completed surfacing shall be thoroughly compacted, smooth and free from ruts, humps, depressions or irregularities. Any ridges, indentations or other objectionable marks left in the surface of the asphalt concrete shall be eliminated by rolling or other means. The use of any equipment that leaves humps, ridges, irregularities or other objectionable marks in the asphalt concrete shall be discontinued, and acceptable equipment shall be furnished by the Contractor.

The finished surface shall meet the following smoothness criteria:
• When a 12 foot long straightedge is laid on the finished surface parallel to the centerline of the roadway, the finished surface shall not vary from the edge of the straightedge more than 0.05 feet, except at changes in grade,
• When a 12 foot long straightedge is laid on the finished surface perpendicular to the centerline of the roadway and extends from edge to edge of a traffic lane, the finished surface shall not vary from the edge of the straightedge more than 0.05 feet, except at changes in grade.
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If the top layer of pavement does not comply with the smoothness specifications shown, remove an
d replace the entire section or complete a grind and overlay of 1.5 inches or 3 times the aggregate size, whichever is greater. Grind and overlay will be considered as a repair method only when the thickness of the asphalt pavement section is greater than 1.5 inches following the required grinding. Corrected section shall be rectangular to the nearest pavement edge or lane line and to a crosswalk, concrete spandrel or other limits approved by the City. Do not begin corrective actions until the method and limit of correction is authorized by the City. If the tolerances cannot be achieved by the methods described above, the contractor must re-pave the street section, in kind, at their own expenses.

The compaction after rolling shall be a minimum of 91 percent and a maximum of 97 percent of the density obtained on samples compacted with the California Kneading Compactor per California Test 304. Cores will be taken randomly by the City for laboratory testing per California Test 308, Method A at a frequency of three per lot. A lot shall consist of a maximum of 3,000 square yards of asphalt concrete and will be identified in the field by the City. The cores will be averaged to determine the percent of maximum theoretical density, as determined by ASTM D- 2041, per lot to the nearest tenth of a percent.

Reduced payment factors for percent of maximum theoretical density will be per the following table, and will be applied to the entire lot sampled.

Reduced Payment Factors for Percent of Maximum Theoretical Density Asphalt Concrete
pe
rcent of maximum
theoretical density
Reduced payment
factor
Asphalt Concrete
percent of maximum
theoretical density
Reduced payment
factor

91.0 0.0000 97.0 0.0000

90.9 0.0125 97.1 0.0125

90.8 0.0250 97.2 0.0250

90.7 0.0375 97.3 0.0375

90.6 0.0500 97.4 0.0500

90.5 0.0625 97.5 0.0625

90.4 0.0750 97.6 0.0750

90.3 0.0875 97.7 0.0875

90.2 0.1000 97.8 0.1000

90.1 0.1125 97.9 0.1125

90.0 0.1250 98.0 0.1250

89.9 0.1375 98.1 0.1375

89.8 0.1500 98.2 0.1500

89.7 0.1625 98.3 0.1625

89.6 0.1750 98.4 0.1750

89.5 0.1875 98.5 0.1875

89.4 0.2000 98.6 0.2000

89.3 0.2125 98.7 0.2125

89.2 0.2250 98.8 0.2250

89.1 0.2375 98.9 0.2375

89.0 0.2500 99.0 0.2500
< 89.0 Remove and replace > 99.0 Remove and replace
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In addition to the reduced payment factors below, all costs associated with the testing of the lot wh
ich resulted in values outside of the 91-97 percent range, will be withheld from the final payment due to the Contractor.

Following completion of the testing by the City, the core locations within the asphalt pavement shall be repaired by the Contractor.

302-5.6.3 Tracking. All areas receiving asphalt pavement shall be protected from tracking onto adjacent areas. Do not allow traffic on new asphalt pavement until its mid-depth temperature is below 140º Fahrenheit to minimize the tracking.

A rock dust blotter coat per Section 302-9.7 or a sand coat at a rate of 1-2 pounds per square yard shall be applied to the compacted surface for all areas where tracking is a concern. The application of tracking prevention measures shall be determined by the Contractor.

A haul route for all paving operations shall be reviewed and approved by the City prior to the start of any construction activity. No deviations from the approved haul route shall occur unless approved in writing from the City.

All tracking onto adjacent streets, striping or pavement markings shall be the responsibility of the Contractor. All striping and pavement markings shall be removed and replaced in kind by sandblasting. All tracking onto roadway surfaces may require the use of a street sweeper to the satisfaction of the City.

302-5.7 Joints. – Add the following:

Longitudinal joints shall be trimmed to a vertical face and to a neat line if the edges of the previously laid surfacing are, in the opinion of the Engineer, in such condition that the quality of the completed joint will be affected. Longitudinal and transverse joints shall be tested with a 12’ straightedge and shall be cut back as required to conform to the provisions in Subsection 302-5.6.2 Density and Smoothness for surface smoothness. Connections to existing surfacing shall be feathered to conform to the provisions for smoothness.

Longitudinal joints in the top layer shall correspond with the edges of proposed lane striping.

Longitudinal joints in all other layers shall be offset not less than 0.5' alternately each side of the edges of traffic lanes.

All feathered joints shall be sealed after rolling.

302-5.9 Measurement and Payment. – Add the following:

Reduced payment factors per 302-5.6.2 will be applied to the Contract Unit Price for lots with a Maximum Theoretical Density less than 91.0 and greater than 97.0 percent.

302-5.10 Hot Asphalt Leveling Course. Areas to receive the Hot Asphalt Concrete Leveling Course shall be determined and defined by the project manager and inspector, and identified to the Contractor in the field. Mix for hot Asphalt Concrete Leveling Course shall be 1/2 inch aggregate, C2, as defined in Section 203-6.4.3.
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Areas to receive hot asphalt concrete leveling course shall be areas located near or adjacent to ex
isting curbs and/or gutters that are potholed, or have the lip of gutter higher than the adjacent roadway. Potholes, large cracks, or ruts shall be filled to the surrounding grade elevation and compacted. Hot Asphalt Concrete Leveling Course shall be completed prior to the placement of Type II Slurry Seal, ARAM or resurfacing.

Prior to placement of asphalt concrete, the surface shall be cleaned and all debris and deleterious materials shall be removed. A tack coat meeting the material and application requirements of Section 302-5.4 Tack Coat, shall be applied prior to placement of hot mix asphalt concrete.

302-5.11 Asphalt Pavement Crack Sealing and Filling. Crack sealing shall only be performed as a repair method for conventional hot mix asphalt pavement (HMA) and not installed at project locations which will have asphalt rubber hot mix (ARHM) used as the overlay material. Crack sealing shall be performed after milling of existing asphalt surface and prior to any leveling course, if necessary.

Right after milling of existing asphalt and before crack sealing or filling, Contractor shall remove any and all weeds that are growing through cracks from the project street located within the pavement or growing between the concrete gutter and the pavement and spray a herbicide mixture of either Hyvar mixed with Roundup or Pramatol mixed with Roundup, or approved equal, at least seven (7) calendar days prior to paving. The herbicide mixture shall contain Blazon, or approved equal, a purple dye to easily confirm the herbicide has been applied. The work shall be approved by the Engineer or his representative prior to paving. Full compensation for plant removal and herbicide treatment shall be considered as included in the unit cost for paving.

The crack sealing material shall be a hot-applied asphalt (Crafco Polyflex or approved equivalent).

The crack sealing material must not be modified or diluted in any way. Pavement cracks larger than 1” wide shall be filled with the mixtures per Specification Section 203-6.4 Type E (Extra Fine).

A wand and nozzle type application shall be used to fill all cracks with crack sealing material.

Crack sealing material shall be applied in two applications with the possibility of additional applications to fill the crack within the allowable tolerance. The cracks must be filled to the surface and not overfilled or applied to the top of adjoining pavement or concrete surfaces. The cracks shall be squeegee immediately after the sealant has been applied to insure conformity with the pavement surface.

The crack sealing material shall then be allowed to penetrate and sink into the crack area for a minimum of one hour. Each crack must then have a second application of crack sealer material applied in the crack area only to within + 0.01' of the adjoining pavement surface. If the material is a cold-applied, polymer modified petroleum emulsion, sand will be applied over the crack sealing material after the second application, covering a minimum of 1 1/2 inches each side of the crack and not more than 3/4 inch higher than the top of the pavement. The contractor shall be responsible for the removal of all excess sand which shall be removed within three hours after being applied.

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SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION

30 3-1 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, 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. 335 of 517
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303-5.1.5 Access Ramps. Construction of curb ramps shall conform to the Type and Case ap
propriate 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 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.

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303-5.4.3 Weakened Plane Joints, (a) General. - Add the following paragraph:

Al
l 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:

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 337 of 517
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asphalt concrete pavement repair patch shall be placed within two (2) working days after the cross gu
tters, 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.

SECTION 304 - METAL FABRICATION AND CONSTRUCTION

30 4-3 CHAIN LINK FENCE.

304-3.4 Measurement and Payment. - Delete paragraph 1 and replace with:

Chain link fence will be measured along the horizontal projection line of the completed fence, deducting the widths of gates and openings.

SECTION 314 - TRAFFIC STRIPING, CURB AND PAVEMENT
MAR

KINGS, AND PAVEMENT MARKERS

31 4-1 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.

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 338 of 517
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or legends in lieu of removal will not be permitted. Pavement striping shall comply with the ap
plicable 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.

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).”

314-6 GREEN BIKE LANE. Green bike lanes shall be installed per plan and conform to the technical specifications included within the contract documents and shall be Streetbond CL or approved equal.
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GENERAL REQUIREMENTS
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COORDINATION OF WORK, PERMITS, AND REGULATIONS 01110-1
SECTION 01110 COORDINATION OF WORK
PART ONE – GENERAL

1.1 SEQUENCING OF WORK
The Contractor shall submit the construction schedule in accordance with Section 01321 of these specifications. The Contractor shall determine the order of work based upon the Areas identified on the plan set and incorporate these into the schedule.

The Contractor shall arrange the schedule of work, but it must adhere to the following restrictions:

1. Vehicular access to the alleys may be restricted for up to two weeks to complete all clearing, earthwork, concrete, and paving operations, 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. No stockpiling of materials or equipment will be allowed. Alleys shall remain accessible during non-working hours to utility company vehicles at all times within two weeks duration.

2. Paving and related work must follow the timeline per Section 302-5.2 of the Specifications.

3. Citywide events calendar shall be considered with the schedule for construction.

The events calendar will be provided at the pre-construction meeting. Updated events calendar will be provided during subsequent weekly construction meetings.

4. Construction around school zone shall be taken into consideration to avoid interference with the drop-off and pick-up times for each specific school.

5. Any construction activity other than paving shall be scheduled by the contractor in any sequence but shall be approved by the City.

6. Utilities project (sewer & water) and paving project may be under construction concurrently. Detailed construction activities and construction schedule will be provided during weekly construction meetings.

7. CIP Sewer Pipe Replacement project will be under construction concurrently.

Therefore, Alleys 16–21 shall be paved at the end of the construction timeline.

1.2 UTILITY COORDINATION
During construction, if City owned utility facilities are damaged, contractor shall inform the City. City crew will respond within two hours and assess the condition, and perform any necessary remedial work as quickly as possible. No additional compensation will be granted to the contractor for any delay due to the damage and repair of the utility facility. 342 of 517
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COORDINATION OF WORK, PERMITS, AND REGULATIONS 01110-2
Other utilities not owned by the City, contractor should notify and coordinate with the utility owner.

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 2022 Alley Paving Improvements 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
General Notes, Construction Notes, and Details 2
Alley 1, 2 & 3 – Cajon St. to Culvert St. to York St. 3 Alley 4 & 5 – Monterey St. to Sta. 12+59 & 4
Olive Ave. to Laurel Ave.

Alley 6 & 7 – Home Pl. to Alvarado St. to Eureka St. 5 Alley 8 & 9 – Home Pl. to Cypress Ave. & 6
Cajon St. to Fern Ave.

Alley 10, 11, & 12 – San Mateo St. to Hasting St. 7
Alley 13 & 14 – 6th St. to 7th St. to High Ave. 8
Alley 15 – Karon St. to Texonia Park 9
Alley 16 & 17 – Pioneer Ave. to Dreka Ave. to San Bernardino Ave. 10 Alley 18 & 19 – Pioneer Ave. to Dreka Ave. to San Bernardino Ave. 11 Alley 20 & 21 – Pioneer Ave. to Dreka Ave. to San Bernardino Ave. 12 Alley 22 – Eureka St. to 15+29.50 13
Alley 23 – Eureka St. to 16+82.50 14

1.2 GENERAL SCOPE OF WORK

A. Work In This Contract: Work in this Contract i ncludes all labor, materials and equipment necessary for construction of the 2022 Alley Paving Improvements Project as noted on the Contract Drawings and all other Contract Documents and is summarized as follows:

1. The Work shall consist of paving various alleys throughout the City. The scope of work also includes removal and replacement of driveways and sidewalks where necessary; protecting in place all existing utilities, trees, power poles, and public and private improvements; replacing dest royed survey monuments; cons tructing 344 of 517
Redlands Regular Meeting of 05-16-23
DESCRIPTION OF WORK 01112-2